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Showing 1 - 50 of 1785 recommendations
Goals | Recommendation | Categories |
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Italy > any reform to the special detention regime under article 41 bis of the Law on the Penitentiary System should aim at strengthening and expediting judicial review of the orders imposing or extending this form of detention, not to make it less incisive > the Government should also consider ways to ensure that reformation and social rehabilitation of the offender, which are essential aims of imprisonment according to both article 10 ICCPR and article 27 of the Italian Constitution, are not sacrificed to public security concerns (Special Procedures) |
Working Group on Arbitrary Detention
Recommendation 2009
Source:A/HRC/10/21/ADD.5 |
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Italy > the Government should continue providing the means which are necessary for the juvenile justice system to function in accordance with the principles enshrined in the juvenile justice legislation and Article 40 (3) and (4) of CRC (Special Procedures) |
Working Group on Arbitrary Detention
Recommendation 2009
Source:A/HRC/10/21/ADD.5 |
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Italy > the Government should consider reforms of the Judicial Psychiatric Hospitals in line with the 1978 reforms of the mental health care institutions > the principle whereby "persons who are found to be insane shall not be detained in prisons" (Rule 82 of the UN Standard Minimum Rules for the Treatment of Prisoners) should be given full effect (Special Procedures) |
Recommendation 2009
Source:A/HRC/10/21/ADD.5 |
Italy > with regard to first reception centres for asylum-seekers (CDAs), the deprivation of liberty in them, at present de facto, needs to be provided with a legal basis > if the detention of asylum-seekers in CDAs until the issuance of the document certifying their status as asylum-seekers is maintained, it must be limited by strict and tight timelines (Special Procedures) |
Working Group on Arbitrary Detention
Recommendation 2009
Source:A/HRC/10/21/ADD.5 |
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Italy > the Government should refrain from any further deportation of persons suspected of terrorist activities to countries where they are at risk of arbitrary detention and torture > judicial remedies against expulsion should have suspensive effect in all cases (Special Procedures) |
Recommendation 2009
Source:A/HRC/10/21/ADD.5 |
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Italy > on the basis of its findings, WG Arbitrary Detention makes the following recommendations to the Government (Special Procedures) |
Recommendation 2009
Source:A/HRC/10/21/ADD.5 |
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Italy > the Government should, as a matter of priority, put in place legislative and other measures to decrease the duration of criminal trials with a view to ensuring better protection of the right to be tried without undue delay (Special Procedures) |
Recommendation 2009
Source:A/HRC/10/21/ADD.5 |
Italy > the Government should implement the proposals made in the De Mistura report with regard to centres holding asylum-seekers and migrants (Special Procedures) |
Working Group on Arbitrary Detention
Recommendation 2009
Source:A/HRC/10/21/ADD.5 |
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Italy > the Government should give priority to the establishment of a national human rights institution in accordance with the Paris Principles, in particular with full and unfettered access to all places of detention (Special Procedures) |
Recommendation 2009
Source:A/HRC/10/21/ADD.5 |
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Italy > the Government should adopt measures to increase the access to alternatives to imprisonment for immigrants in conflict with the law, both in the adult and in the juvenile justice systems (Special Procedures) |
Recommendation 2009
Source:A/HRC/10/21/ADD.5|12| |
Italy > Italy should ratify ICRMW (Special Procedures) |
Working Group on Arbitrary Detention
Observation 2009
Source:A/HRC/10/21/ADD.5|12| |
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Italy > legislation making non-compliance with immigration laws punishable by imprisonment (or as an aggravating circumstance) should be reconsidered (Special Procedures) |
Recommendation 2009
Source:A/HRC/10/21/ADD.5|21| |
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Italy > similarly, measures should be taken to reduce the share of prisoners awaiting final judgement, whether by expediting trials, stricter application of the principle that remand detention is a last resort, or both (Special Procedures) |
Recommendation 2009
Source:A/HRC/10/21/ADD.5|34| |
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Italy > finally, regarding the deprivation of liberty of persons with mental health problems, the reform of the health care laws which abolished closed institutions has not been reflected in similar reforms regarding judicial psychiatric hospitals > the system of open-ended "security measures" for persons considered "dangerous" on the basis of mental illness, drug-addiction or otherwise might not contain sufficient safeguards (Special Procedures) |
Observation 2009
Source:A/HRC/10/21/ADD.5|34| |
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Italy > WG Arbitrary Detention finds that safeguards against illegal detention in the criminal justice system are numerous and robust > situations of arbitrary detention can, however, result from the unreasonable length of criminal proceedings and from excessive recourse to remand detention > immigrants are seriously over-represented among the prison population (Special Procedures) |
Observation 2009
Source:A/HRC/10/21/ADD.5|46| |
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Italy > the Government has declared organized crime of the mafia type, the threat of international terrorism, and criminality by irregular migrants to constitute public security emergencies and has responded to each of them by adopting extraordinary measures > some of the extraordinary measures adopted to face these challenges carry with them a considerable risk of resulting in arbitrary detention (Special Procedures) |
Observation 2009
Source:A/HRC/10/21/ADD.5|46| |
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Italy > the system for administrative detention of migrants and asylum-seekers does not result in overall excessive deprivation of liberty > there are, however, weaknesses in the legal basis and procedural safeguards of the system and incongruities which need to be rectified to avoid arbitrariness (Special Procedures) |
Observation 2009
Source:A/HRC/10/21/ADD.5|51| |
Italy > detention in Identification and Expulsion Centres should be based on more careful examination of the individual case on the basis of criteria enshrined in law > where a person files an asylum claim while detained in a CIE, continued detention in the CIE should not be automatic > measures to promote the voluntary repatriation of expellees should be given more consideration > where the expulsion of a migrant is ordered by a criminal court, preparations for the deportation should be carried out while the migrant is in prison, to avoid detention in a CIE > legal aid to persons detained in CIEs should be strengthened (Special Procedures) |
Working Group on Arbitrary Detention
Recommendation 2009
Source:A/HRC/10/21/ADD.5|51| |
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Italy > incidents of police brutality against arrestees should be thoroughly investigated and those responsible held accountable (Special Procedures) |
Recommendation 2009
Source:A/HRC/10/21/ADD.5|72| |
Italy (c)Establish a programme for the quick relocation of asylum seekers across Europe, according to a distribution key and taking into account the wishes of the asylum seekers themselves, the possibilities of family reunification and humanitarian considerations that are essential to an equitable redistribution of responsibilities among States. If well managed, such a system would incentivize asylum seekers to register in the first European Union country of entry. It would encourage asylum seekers not to use the evasion tactics that are now systematically employed to avoid their identification and the application of the Dublin regulations; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
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Italy (a)Ensure that all bilateral and multilateral agreements on migration issues are negotiated and made publicly available in full transparency, with clear human rights protections integrated at all stages; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
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Italy (f)Support, both technically and financially, civil society organizations that offer services and support to migrants regardless of their administrative status, and especially those that help migrants defend their rights; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
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Italy (g)Guarantee full access by international organizations, including UNHCR and the International Organization for Migration, as well as civil society organizations, doctors, journalists and lawyers, to all areas where migrants are held or detained, at all stages of the procedure, including in reception centres; (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
Italy (e)Implement legislation concerning the early identification of migrant prisoners to avoid further detention; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
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Italy (c)Ensure that readmission agreements, such as those with Egypt and Tunisia, adequately protect the human rights of migrants and ensure proper and systematic individual screening for protection concerns, as well as guarantee full access by international organizations and civil society organizations, including Praesidium project members, at landing sites and to all temporary and permanent reception centres. The Praesidium project should be formalized. (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
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Italy (j)Ensure the monitoring of reception centres so that they are all brought to the same standards. (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
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Italy (c)Ensure the establishment of a fully independent national preventive mechanism, in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, with a mandate to visit all places where migrants may be deprived of their liberty; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
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Italy (a)Ensure that migrants are detained only when they present a danger to themselves or others or a demonstrated risk of absconding from future proceedings, and always ensure that detention is used for the shortest time possible and as a measure of last resort. Non-custodial alternatives to detention should be used in all other cases; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
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Italy (b)Establish a national human rights institution in line with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), and ensure that it is both functionally and financially independent of the Government and vested with the authority to investigate all issues relating to human rights, including those of migrants, regardless of their administrative status; (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
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Italy (e)Ensure a well-managed reception capacity that can sustain the expected seasonal migration peaks. Fully accept the shared responsibility among all member States; for example, some States could offer part of their reception capacity to other front-line States experiencing migration peaks; (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2 |
Italy 1.Normative and institutional framework for the protection of the human rights of migrants (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|1| |
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Italy European Union member States must strive to create a common asylum policy, by embracing two mechanisms. First, States should recognize each other’s refugee status determination decisions, thus ensuring the mobility of refugees throughout the territory of the European Union. Second, in order to gain confidence in each other’s refugee status determination systems, they should create a roster of decision makers from each European Union member State, at first decision and at appeals levels, for the joint screening of asylum applications. With the help of the European Asylum Support Office and UNHCR, this would allow for the sharing of expertise, experience, good practices and lessons learned. It would also help create trust in the capacity of each national system through the knowledge that it is grounded on a common knowledge base of country-of-origin information, to be developed around a common interpretation of the legal criteria for protection and to be responsive to the same factors as considered in other systems. (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|112| |
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Italy (e)Use terminology that does not reinforce prejudices against migrants, and refrain from using charged expressions such as "illegal migrant" or "clandestine"; take a leadership role in developing a political discourse that stresses the necessary protection of human rights for all, including migrants, regardless of their administrative status; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|112| |
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Italy (a)Fully respect the human rights of migrants when implementing readmission agreements; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|12| |
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Italy (b)Eliminate the practice of informal automatic push-backs to Greece; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|12| |
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Italy (d)Establish a fairer and simpler system for migrant detainees to be able to challenge expulsion and detention orders, and ensure that the appeal proceedings are based on the merits and validation of the detention; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|14| |
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Italy (c)Ensure that all decision makers within the territorial commissions are trained adequately in asylum and human rights law so that they can appropriately determine asylum claims; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|14| |
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Italy (a)Ensure that the cooperation with FRONTEX takes full account of the human rights of migrants, rather than focusing only on security-related aspects; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|17| |
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Italy (b)Ensure that readmission and cooperation agreements aimed at, inter alia, combating irregular migration include safeguards for the full respect of the human rights of migrants and ensure the adequate protection of vulnerable migrants, including asylum seekers and refugees, in particular with regard to the principle of non-refoulement; (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2|18| |
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Italy (h)Develop comprehensive human rights training programmes for all staff who work in reception centres; (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2|18| |
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Italy (d)Effectively penalize landlords who house migrants in inappropriate and unsanitary conditions; (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2|19| |
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Italy (a)Develop a comprehensive national system of data collection, analysis and dissemination regarding immigration policies and practices, which should be used as a foundation for rights-based policymaking on migration. Data relating to migrants in detention and deportations should also be included ; (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2|19| |
Italy 2.Border management (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|2| |
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Italy (d)Ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|24| |
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Italy (b)Improve and standardize the management of reception centres for irregular migrants, drawing from the best practices observed in the existing network of reception centres and in other facilities in Europe and around the world, and in accordance with relevant standards set out in international human rights law; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|29| |
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Italy (a)Provide access to basic services to everyone living on Italian territory, regardless of their immigration status, in accordance with international human rights standards; (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2|29| |
Italy 3.Bilateral agreements (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|3| |
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Italy (b)Take all necessary measures to execute the judgements of the European Court of Human Rights in the Hirsi and Sharifi cases; (Special Procedures) |
Special Rapporteur on the human rights of migrants
Recommendation 2015
Source:A/HRC/29/36/Add.2|30| |
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Italy (c)Fully implement the directive on sanctioning employers, including by developing comprehensive measures to punish Italian employers who abuse the vulnerability of migrants by paying them exploitative wages; (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2|30| |
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Italy (c)Establish a comprehensive mechanism for the identification of unaccompanied minors that includes not only medical exams but also a psychosocial and cultural approach, in order to best identify specific protection measures in the best interests of each child. (Special Procedures) |
Recommendation 2015
Source:A/HRC/29/36/Add.2|31| |