CEDAW/C/2005/I/CRP.3/Add.4/Rev.1
Advance Unedited Version
28 January 2005
Original: English
Committee
on the Elimination of Discrimination against Women
Thirty-second session
10-28 January 2005
Concluding
Comments: Italy
1. The Committee
considered Italy’s fourth and fifth periodic reports (CEDAW/C/ITA/4-5)
at its 681st and 682nd meeting on 25 January 2005.
Introduction
by the State Party
2. In his
introduction, the representative noted that the State party’s
efforts to reaffirm the dignity of women and to protect them from
all forms of discrimination, abuse and violence were a follow-up
to the Beijing Platform for Action which had brought renewed commitment
to the advancement of women’s rights. He provided an update
on developments in four selected areas since the completion of
the report in 2002.
3. In 2003,
action had been taken towards incorporating the European Directive
2002/73 into the domestic legal framework, which aimed at mainstreaming
gender equality in regard to access to the labor market, education
and professional training, and working and social conditions.
The country’s legislation already prohibited direct and
indirect discrimination based on sex, and the Directive would
broaden the definition of sexual discrimination and harassment
in the workplace and measures that employees might take in response
to such discriminatory actions.
4. The State
party’s commitment to implementing the Convention was reflected
in the establishment, in 1996, of the Office of the Minister for
Equal Opportunities which was responsible for coordinating and
ensuring the effectiveness of equal opportunity policies. The
mandate and objectives of the National Commission for Equal Opportunities,
which was now chaired by the Minister, had also been reformed.
In 2004, the Ministry established the National Office for the
Promotion of Equality and Elimination of Racial and Ethnic Discrimination
as an operational instrument to fight all forms of discrimination.
5. The commitment
of the Government to the participation of women in political and
socio-economic decision-making was reflected in the amendment
to article the 51 of theConstitution, introducing the principle
of gender equality in access to political offices. Law number
90 of 2004 required at least one third of candidates from either
sex for election to the European Parliament. As this had led to
a substantial increase in women elected in June 2004 (19.23 per
cent of the total as compared to 11,5 per cent in 1999), a similar
bill was under consideration for other elections.
6. Despite
an unfavourable economic climate, women’s employment rates
continued to rise, as did women’s participation in the workforce.
Women’s rate of economic activity increased by 3.7 per cent
between 1998 and 2003. Between 2000 and 2003, 63 per cent of new
workers were women. A new initiative within the EU framework on
gender equality issues aimed to promote the role of women workers.
The Government’s full commitment to family issues was reflected,
inter alia, in a national action plan on social inclusion, which
aimed at prevention of social marginalization and exclusion of
the elderly, children and persons with disabilities. The so-called
‘Biagi’ Law to reform the labour market and which
envisaged new forms of flexibility, particularly in the form of
part-time work, was among the measures aimed at better reconciliation
of work and family life and the promotion of equal opportunities
for women, particularly in the workplace. A fund had been established
in 2003 to support companies in establishing child-care services
in the work place.
7. High priority
was being accorded to protecting women from all forms of violence,
and strict provisions had been enacted to that end, including
laws and policies relating to sexual violence, domestic violence,
and child abuse. Efforts to combat trafficking, both through legislation
and social services remained one of the main priorities. Under
article 18 of Law 286, residence permits for reasons of social
protection could be issued to trafficking victims. 70 per cent
of the costs for assistance programmes were funded by the Government,
with the balance being provided by local councils. The projects
funded through this approach had demonstrated their effectiveness.
Law 228 of 2003, which established trafficking as a specific crime,
also reflected the provisions of the Protocol to Prevent Trafficking
in human beings.
8. Women’s
health had emanated as one of the main issues from the Fourth
World Conference on Women, and the Government attached the utmost
importance to this issue. The current National Health Plan (2002-2004)
included initiatives to reduce Cesarean sections, and the Mother-Child
Objective Project aimed to achieve appropriate levels of care
for every child birth. The Chamber of Deputies was considering
a programme to provide pregnant women with personalized assistance
in order to safeguard their rights during delivery.
9. In conclusion,
the representative noted that while not all expectations had been
met, the Government remained committed to achieving them, and
new strategies and polices were being developed to eliminate all
froms of gender-based discrimination and promote effective equal
opportunity policies. Dialogue with all relevant stakeholders,
including political actors, non-governmental organizations, and
social partners was the best and most meaningful way to promote
women’s rights.
Concluding
comments of the Committee
Introduction
10. The Committee
expresses its appreciation to the State party for its combined
fourth and fifth periodic reports (CEDAW/C/ITA/4-5), although
it regrets that it was overdue, provided insufficient analytical
information on the de facto situation of women and did not comply
with the Committee’s guidelines for the preparation of reports.
The Committee also regrets that information not contained in the
report, including on articles 8, 9, 15 and 16 of the Convention
on the Elimination of All Forms of Discrimination against Women,
which was requested in the list of issues and questions, was again
not provided in the State party’s written responses.
11. The Committee
expresses its appreciation to the State party for the constructive
dialogue, but regrets that the delegation was unable to provide
succinct, clear and direct answers to the questions posed by the
Committee.
12. The Committee
regrets the limited involvement of non-governmental organizations
during the preparation of the report.
Positive
aspects
13. The Committee
commends the State party for amending article 51 of the Constitution
which, as was stated by the delegation, is the vehicle through
which the Convention will become part of the law of the land and
forms the constitutional basis for the use of temporary special
measures, including the use of quotas for accelerating the increase
in the participation of women in political and public life.
14. The Committee
commends the State party for the legislative reforms taken in
the past few years for the advancement of women, including law
66/1996 on sexual violence, law 53/2000 on parental leave and
law 154 of 2001 on inter-alia, protection measures in favour of
trafficked women.
15. The Committee
commends the State party for ratifying the Optional Protocol to
the Convention on the Elimination of All Forms of Discrimination
against Women in September 2000, as well as for accepting the
amendment to article 20, paragraph 1, of the Convention in May
1996.
Principal
areas of concern and recommendations
16. The Committee
notes the State party’s obligation regarding the systematic
and continuing implementation of all the provisions of the Convention.
At the same time, it is the Committee’s view that the concerns
and recommendations identified in the present concluding comments
require the State party’s priority attention between now
and the submission of the next periodic report. Consequently,
the Committee calls on the State party to focus on these areas
in its implementation activities and to report on action taken
and results achieved in its next periodic report. It calls on
the State party to submit the present concluding comments to all
relevant ministries and to Parliament so as to ensure their full
implementation.
17. The Committee
is concerned that the State party has taken inadequate steps to
implement the recommendations in regard to several concerns raised
in the Committee’s previous concluding comments adopted
in 1997 (A/52/38/Rev.1). In particular, the Committee finds that
its concerns about the low participation of women in public and
political life (para. 355), and lack of programmes to combat stereotypes
through the formal education system and to encourage men to undertake
their fair share of domestic responsibilities (para. 356) have
been inadequately addressed.
18. The Committee
reiterates these concerns and recommendations and urges the State
party to proceed without delay with their implementation.
19. The Committee
is concerned that while the amendment to article 51 of the Constitution
provides for equal opportunities for men and women, there is no
definition of discrimination against women in accordance with
article 1 of the Convention in the Constitution or in legislation
other than in the field of employment. The Committee is concerned
that the absence of such a provision contributes to the limited
understanding of substantive equality evident in the State party,
including among public officials and in the judiciary.
20. The Committee
recommends that a definition of discrimination against women in
line with article 1 of the Convention be included in the Constitution
or in appropriate laws. It also recommends the implementation
of campaigns to raise awareness about the Convention and the State
party’s obligations under the Convention, and the meaning
and scope of discrimination against women aimed at the general
public and especially public officials, the judiciary and the
legal profession.
21. While
recognizing the efforts of the State party to integrate a gender
perspective in all fields, the Committee is concerned about the
absence of specific national machinery for the advancement of
women. It is concerned that as the work of the Ministry of Equal
Opportunities covers a number of grounds of discrimination, this
may result in low priority and insufficient focus being given
to the specific nature of women’s discrimination and its
relevance across all the prohibited grounds. It is further concerned
about the significant erosion of the powers and functions of the
National Commission for Equality and Equal Opportunities.
22. The Committee
recommends that the State party put in place an institutional
structure which recognizes the specificity of women’s discrimination
and which is exclusively responsible for the advancement of women
and the monitoring of the practical realization of the principle
of substantive equality of women and men in the enjoyment of human
rights. In order to achieve this, the Committee recommends the
strengthening of a national institution to monitor and support
the enjoyment by women of their human rights across all fields.
23. The Committee
is concerned that the different levels of authority and competencies
in the State party create difficulties in respect of the implementation
of the Convention throughout the country. Noting the full responsibility
of national Governments in decentralized and federal States to
ensure implementation of international obligations by regions,
the Committee is concerned about the absence of appropriate national
structures to ensure the implementation of the Convention by regional
and local authorities and institutions.
24. The Committee
recommends to the State party that it promote uniformity of norms
and results in the implementation of the Convention throughout
the country through effective coordination and the establishment
of mechanisms to ensure the full implementation of the Convention
by all regional and local authorities and institutions.
25. The Committee
remains concerned about the persistence and pervasiveness of patriarchal
attitudes and deep-rooted stereotypes regarding the roles and
responsibilities of women and men in the family and society. These
stereotypes undermine women’s social status, present a significant
impediment to the implementation of the Convention, and are a
root cause of women’s disadvantaged position in a number
of areas, including in the labour market and in political and
public life. The Committee is also deeply concerned about the
portrayal of women in the media and in advertising as sex objects
and in stereotypical roles.
26. The Committee
calls upon the State party to adopt a large-scale, comprehensive
and coordinated programme to combat the widespread acceptance
of stereotypical roles of men and women, including awareness-raising
and educational campaigns aimed at women and men, to help ensure
the elimination of stereotypes associated with men’s and
women’s traditional roles in the family and in society at
large, in accordance with articles 2 (f) and 5 (a) of the Convention.
It recommends that the State party make every effort to disseminate
information on the Convention among both private and public actors
to increase awareness and understanding of the meaning and content
of substantive equality of women. It also recommends that the
media and advertising agencies be specifically targeted and encouraged
to project an image of women as equal partners in all spheres
of life and that concerted efforts be made to change the perception
of women as sex objects, and primarily responsible for child-rearing.
27.While noting
with appreciation the increase in the number of Italian women
in the European Parliament, the Committee remains deeply concerned
about the severe Under representation of women in political and
public positions, including in elected bodies, the judiciary and
at the international level. The Committee is especially concerned
that the political participation of women at the national level
has fallen in recent years and remains among the lowest in Europe.
28. The Committee
encourages the State party to take sustained measures to increase
the representation of women in elected and appointed bodies and
in the judiciary and at the international level. It recommends
that the State party introduce appropriate measures, including
temporary special measures in accordance with article 4, paragraph
1, of the Convention and the Committee’s general recommendation
25 to increase the number of women in political and public positions.
It further encourages the State party to step up efforts to pass
legislation under article 51 of the Constitution to increase the
number of women in political and public positions, including through
the use of quotas, and to ensure adequate representation in such
positions of Roma and migrant women, and women from the south
of the country. The Committee recommends that the State party
carry out awareness-raising campaigns among both men and women
on the importance of women’s participation in political
and public life and in decision-making, and to create enabling,
encouraging and supportive conditions for such participation.
29. While
noting the sharp increase in the employment rate among women,
the Committee is concerned about the serious disadvantages women
face in the labour market, including the underrepresentation of
women in senior positions, the concentration of women in certain
low-wage sectors and in part-time work, the significant wage gap
between men and women and the lack of implementation of the principle
of equal pay for work of equal value. While noting that law 53/2000
recognizes the right of both parents to take leave from work to
care for a child during early infancy, the Committee is concerned
that a very small percentage of men take advantage of this opportunity.
30. The Committee
urges the State party to accelerate and ensure equal opportunities
for women and men in the labour market through, inter alia, temporary
special measures in accordance with article 4, paragraph 1 of
the Convention and the Committee’s general recommendation
25, and to ensure equal pay for work of equal value. It also recommends
that the State party extend full social security benefits to part-time
workers, the majority of which are women, and take measures to
eliminate occupational segregation, in particular through education
and training. The Committee further urges the State party to give
women more access to full-time employment and to improve the availability
of affordable childcare facilities, and encourage men, including
through awareness-raising, to take equal responsibility for childcare.
31. The Committee,
while noting the legislative reforms in the area of violence against
women, remains concerned about the persistence of violence against
women, including domestic violence, and the absence of a comprehensive
strategy to combat all forms of violence against women. While
recognizing the efforts made by the State party to combat trafficking
in women, the Committee is concerned about the impact of law 189/2002
(the so-called Bossi-Fini law), which grants discretionary power
to local authorities to place restrictions on victims of trafficking
and for the issue of stay permits.
32. The Committee
urges the State party to accord priority attention to the adoption
of comprehensive measures to address violence against women and
girls in accordance with its general recommendation 19 on violence
against women. The Committee underscores the need to fully implement
and monitor the effectiveness of the laws on sexual violence and
domestic violence, provide shelters, protection and counselling
services to victims, punish and rehabilitate offenders, and implement
training and awareness–raising for public officials, the
judiciary and members of the public. The Committee also encourages
the State party to revisit law 189/2002 with a view to ensuring
that all victims of trafficking benefit from stay permits on grounds
of social protection.
33. The Committee
expresses its concern that the report contains insufficient data
and information on the impact of health-care policies on women,
particularly regarding the impact of the privatized health system
on women’s health, and the impact of initiatives taken to
reduce caesarean sections and prevent cancer. The Committee is
concerned about the lack of data and analytical information on
the care of elderly women and the health care available to women
in the south.
34. The Committee
requests the State party to monitor the impact of its health-care
policies on women, including the National Health Plan, and to
provide in its next report detailed statistical and analytical
information on measures taken to improve women’s health,
including the impact of these measures, in accordance with the
Committee’s general recommendation 24 on women and health.
The Committee also requests the State party to provide information
on the care of elderly women, health-care policies in place for
women in the south and policies to prevent HIV transmission between
adults, including the impact of these measures.
35. The Committee
is concerned that certain groups of women, including Roma and
migrant women, remain in a vulnerable and marginalized situation,
especially in regard to education, employment, health and participation
in public life and decision-making. The Committee is particularly
concerned about the impact of law 189/2002, which imposes far-reaching
restrictions on migrant women workers, and about the absence of
laws and policies concerning asylum-seekers and refugees, including
lack of recognition of gender-related forms of persecution in
determining refugee status.
36. The Committee
urges the State party to take effective measures to eliminate
discrimination against vulnerable groups of women, including Roma
and migrant women and to enhance respect for their human rights
through all available means, including temporary special measures
in accordance with article 4, paragraph 1, of the Convention and
the Committee’s general recommendation 25. It calls on the
State party to provide, in its next periodic report, a comprehensive
picture of the de facto position of Roma and migrant women in
the areas of education, employment, health and participation in
political and public life. The Committee also encourages the State
party to revisit the provisions of law 189/2002 with a view to
removing the current restrictions on migrant women, and to adopt
laws and policies which recognize gender-related forms of persecution
in the determination of refugee status.
37. The Committee
requests the State party to respond to the concerns expressed
in the present concluding comments in its next periodic report
under article 18 of the Convention, which is due in 2006.
38. The Committee
requests the State party to ensure the wide participation of all
ministries and public bodies in, and consult non-governmental
organizations during the preparation of its next report. It encourages
the State party to involve Parliament in a discussion of the report
before its submission to the Committee.
39. Taking
account of the gender dimensions of declarations, programmes and
platforms for action adopted by relevant United Nations conferences,
summits and special sessions, such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session of the General Assembly on children (the twenty-seventh
special session), the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the Second
World Assembly on Ageing, the Committee requests the State party
to include in its next periodic report information on the implementation
of aspects of those documents relating to relevant articles of
the Convention.
40. The Committee
notes that States’ adherence to the seven major international
human rights instruments, i.e. the International Covenant on Economic,
Social and Cultural Rights (CESCR), the International Covenant
on Civil and Political Rights (CCPR), the International Convention
on the Elimination of All Forms of Racial Discrimination (CERD),
the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW), the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the
Convention on the Rights of the Child (CRC), and the International
Convention on the Protection of the Rights of All Migrant Workers
and Members of their Families (MWC). enhances the enjoyment by
women of their human rights and fundamental freedoms in all aspects
of life. Therefore, the Committee encourages the Government of
Italy to consider ratifying the treaty to which it is not yet
a party, i. e., the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families.
41. The Committee
requests the wide dissemination in Italy of the present concluding
comments in order to make the people, including government officials,
politicians, parliamentarians and women’s and human rights
organizations, aware of the steps that have been taken to ensure
de jure and de facto equality of women, as well as the further
steps that are required in this regard. The Committee requests
the State party to continue to disseminate widely, in particular
to women’s and human rights organizations, the Convention,
its Optional Protocol, the Committee’s general recommendations,
the Beijing Declaration and Platform for Action and the outcome
of the twenty-third special session of the General Assembly, entitled
“Women 2000: gender equality, development and peace for
the twenty-first century”.
