ITALY-SOGI-TBs-CCPR

Country: Italy

Issue: SOGI

Human rights mechanism: Treaty bodies

Treaty body: Human Rights Committee - International Covenant on Civil and Political Rights (ICCPR)

Concluding Observations on Report 6 (2017) (Link)

3. The Committee welcomes the legislative, institutional and policy measures taken by the State party, including the adoption of:

(a) Law No. 76 of 20 May 2016 (regulating same-sex civil unions and cohabitation);

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Anti-discrimination legislation

8. The Committee is concerned that article 3 of the Constitution does not contain a comprehensive list of prohibited grounds of discrimination and that existing anti- discrimination legislation addresses only some grounds of discrimination, in limited spheres (arts. 2 and 26).

9. The State party should take all measures necessary, including the adoption of comprehensive anti-discrimination legislation, to ensure that its legal framework: (a) provides full and effective protection against discrimination in all spheres, including in the private sphere, and prohibits direct and indirect discrimination; (b) comprehensively addresses all grounds of discrimination, including colour, national origin, citizenship, birth, disability, age, sexual orientation and gender identity and any other status; and (c) provides for effective remedies in cases of violations, including in cases of multiple and intersectional discrimination.

Discrimination on the grounds of sexual orientation and gender identity

10. While welcoming the adoption of Law No. 76 of 20 May 2016, the Committee remains concerned that the law does not provide same-sex couples the right to adopt children and does not afford full legal protection to children living in same-sex families. It is also concerned about the continued denial of access to in vitro fertilization under Law No. 400/2004 and about the prevalence of discrimination and hate speech against lesbian, gay, bisexual, transgender and intersex persons (arts. 2, 23-24 and 26).

11. The State party should review relevant legislation and consider allowing same- sex couples to adopt children, including the biological children of one of the partners in the couple, and ensuring the same legal protection for children living in same-sex families as for those living in heterosexual families. The State party should provide for equal access to in vitro fertilization. It should also intensify its efforts to combat discrimination, hate speech and hate crimes against lesbian, gay, bisexual, transgender and intersex persons.

ITALY-SOGI-TBs-CCPR

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