Campaigns and activities
In advance on the Italian ratification, the Ministry of Labour and Social Policies committed a research on the evaluation of the Italian legislation in relation to CRPD obligations, published in 2008 (http://www.isgi.cnr.it/wp-content/uploads/2012/09/ISGI_Rapporto-finale_Convenzione-ONU-diritti-persone-con-disabilit%C3%A0.pdf). On 28 November 2008, the Italian Government approved the ratification proposal for the CRPD and its Optional Protocol, which was passed by the Parliament on 4 February 2009. By law no. 18 of 3 March 2009, the Italian Parliament ratified the UN Convention and its Protocol (http://www.handylex.org/stato/l030309.shtml). In the same law the establishment of the National Observatory on the Conditions of Persons with Disabilities was provided for. The precise mandate and Operational Rules of the Observatory were adopted on 6 July 2010 (Interministerial Decree No. 167), they provide for the representation of relevant institutions, including local and regional authorities, social security organs, trade unions, the national statistical institute (ISTAT), relevant NGOs and associations, as well as qualified experts. The National Observatory met for its first official session on 16 December 2010. In November 2012 the Italian Government transmitted, through the inter-ministerial Human Rights Committee at the Ministry of Foreign Affairs, its first National Report on the implementation of the UNCRPD (http://www.uiciechi.it/AttivitaInternazionali/RapportoIta.pdf).
On 4 October 2013, the Italian Government adopted the biennial action plan for the promotion of the rights and the integration of persons with disabilities drafted by the Observatory (http://www.uiciechi.it/AttivitaInternazionali/Azione.pdf). However, in these times of financial crisis, “the actions referred to and to be implemented in the framework of the legislation in force are to be considered financially viable within the limits of the allocated budget”…”it is therefore important to recognise that such undertakings only have a prospective character.”
The Ministry of Labour and Social Policies, Directorate–General for Inclusion and Social Policies serves as focal point for Italy, in coordination with other relevant ministries and departments, as well as regional and local authorities.
Favouring the implementation of the UN CRPD and ensuring that a coordination mechanism is put in place within the government to facilitate related action in different sectors and at different levels. The technical secretariat of the National Observatory on the Conditions of Persons with Disabilities, coordinated by the Minister of Labour and Social Policies, is held by the Directorate–General for Inclusion and Social Policies of the Ministry of Labour and Social Policies.
The Observatory's main tasks are as follows:
In addition to the coordinating activity carried out by the national Focal Point (Directorate–General for Inclusion and Social Policies of the Ministry of Labour and Social Policies), the National Observatory on the Conditions of Persons with Disabilities facilitates the constant link between the government, other relevant entities, people with disabilities and their supporting organisations.
As mentioned above, in 2013 the Italian Government adopted the biennial action plan for the promotion of the rights and the integration of persons with disabilities drafted by the Observatory on the Conditions of Persons with Disabilities aimed at “contributing to the achievement of the general objectives of the European Disability Strategy 2010-2020 and the UN Convention on the Rights of Persons with Disabilities.”
The objectives in the plan are as follows:
However, in the introduction to the plan of action one can read that, in these times of financial crisis, “the actions referred to and to be implemented in the framework of the legislation in force are to be considered financially viable within the limits of the allocated budget”…”it is therefore important to recognise that such undertakings only have a prospective character.”
As an effect of the Italian legislative framework, enhanced by the ratification of the CRPD, all public administrations are called to include the promotion and protection of the rights of persons with disabilities in political and administrative actions. When dealing with any form of discrimination from a single person or a public administration, anyone can file a case in civil courts to obtain the adoption of any necessary measures to remove the effects of that discrimination. Non-execution of judge's orders can imply imprisonment for up to three years.
Italy has not appointed a national Ombudsman, but regional and local Ombudsmen are in charge of the protection of the rights of persons with disabilities. Regional Ombudsmen can even bring a civil action in criminal proceedings for crimes against persons with disabilities. Associations entitled to protect the rights of persons with disabilities can legally act on behalf of the disabled person after delegation of the party concerned. In case of collective discrimination, associations are empowered to act without delegation.
The National Observatory on the Conditions of Persons with Disabilities is in charge pf monitoring the implementation of the CRPD. It has to draft the detailed report on measures taken under article 35 of the Convention in conjunction with the inter-ministerial Human Rights Committee.
DPOs, among which the Italian Union of the Blind and Partially Sighted, are represented in the National Observatory on the Conditions of Persons with Disabilities, contributing to the drafting and implementation of the mainstreaming strategy on disability issues (biennial action plan for the promotion of the rights and the integration of persons with disabilities). The Operational Rules of the Observatory provide for the participation of DPOs also in the reporting process to the CRPD Committee.
The Observatory was financed with 500,000 euros for three years and was given a staff of about 10 (not all full-time) persons (already working at the Ministry of Labour and Social Policies).
In November 2012 the Italian Government transmitted, through the inter-ministerial Human Rights Committee at the Ministry of Foreign Affairs, its first (word document) National Report on the implementation of the UNCRPD .
Not yet, but the associations and federations who are members of the Italian Disability Forum intend to draft it.
It must be highlighted that the Observatory does not fully comply with the requirements of an “independent mechanism”, as provided for in Article 2 of the CRPD, due to the fact that it is established within the Ministry of Labour and Social Policies.
In these times of economic crisis the Government has fewer resources to allocate to social services and, taking into account the declared prospective feature of the biennial plan of action drafted by the Observatory, the associations of persons with disabilities have to continue to lobby and be extremely vigilant in order to ensure progress in the implementation of the CRPD. In fact, in spite of a good legislative framework, most of which already existing before the ratification of the CRPD, Italy faces serious problems in efficiently implementing those legal measures.
In 2017, in response to the CRPD committee’s Concluding Observations, Italy reported that the establishment of an independent mechanism was still under discussion.
The Shadow report to the CRPD committee (2016) notes that although disabled people participate on the National Observatory as independent mechanism, they cannot enforce redress for violations.