{"id":15203,"date":"2021-03-03T23:00:17","date_gmt":"2021-03-03T22:00:17","guid":{"rendered":"https:\/\/donnexdiritti.com\/?p=15203"},"modified":"2021-03-04T06:12:31","modified_gmt":"2021-03-04T05:12:31","slug":"cedaw-italian-women-send-the-cahiers-de-doleances-against-their-government-to-the-united-nations","status":"publish","type":"post","link":"https:\/\/donnexdiritti.com\/2021\/03\/03\/cedaw-italian-women-send-the-cahiers-de-doleances-against-their-government-to-the-united-nations\/","title":{"rendered":"Cedaw: Italian women send the Cahiers de dol\u00e9ances against their government to the United Nations"},"content":{"rendered":"
You can see below the “List of issues prior to report” (LOIPR) drawn up by the civil society of women in Italy (NGOs, Networks, Associations, etc.) and sent to the Cedaw Committee for the application of the Convention on the Elimination of All Forms of Discrimination against Women.<\/strong> The list refers to the current situation of women in Italy and was written by the associations working in the field. The purpose is to indicate themes, issues and questions on which the Cedaw Committee will be able to base the questions \/ requests to be put to the Italian State in view of the next verification regarding the implementation of the Convention itself ratified by Italy in 1985<\/strong> (adopted by the General Assembly of the United Nations in 1979), which will take place in July 2021. The LOIPR was coordinated by DiRe (National network of anti-violence centers) with the participation of numerous Italian female associations, including DonnexDiritti, and with the support of the international Human Rights Advocates association. This document is part of the procedure for monitoring the application of Cedaw in Italy and directs the work of the Cedaw Committee for the four-year verification of the application of the Convention<\/strong>, which will be followed by the responses of the Italian state and then the shadow relations of civil society that will come out during this year.<\/em><\/p>\n <\/p>\n Since the last review in 2017, Italy has enacted several new laws and has made efforts to combat gender-based discrimination and violence against women. Despite societal and legislative advances, discrimination against women remains a serious issue in Italy, particularly in employment. According to the 2020 report from the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), 40% of women who were married were unemployed. <\/strong>Those who did work made less than men and were often discriminated against. In 2017, a women\u2019s hourly income was 5% lower on average than men in the same position. Gender-based violence against women also remains a concern. Although minor cases of verbal sexual harassment are<\/strong> in theory investigated and prosecuted, sexual harassment remains a widespread problem.<\/p>\n In one high profile court case, prosecutors dropped a sexual harassment claim partially due to stereotypical beliefs that the alleged victim was too old, in her early 50s, to be intimidated<\/p><\/blockquote>\n The defendant in the case was the head of the Italian soccer federation, while the victim was a female soccer executive. Many other allegations of harassment are reacted to with skepticism, with victims taking the blame.<\/p>\n General issues and measures<\/strong><\/p>\n <\/strong>Italy fails to uphold its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women. Italy has ratified the Convention on the Elimination of All Forms of Discrimination against Women and is thus subject to the provisions of this Convention.<\/strong> Though Italy has made progress in reducing discrimination in these and other areas, Italy fails to fully uphold its obligations under the Convention. In its 2017 Concluding Observations, the Committee remained concerned about the general lack of awareness of the Convention, Option Protocol and the Committee\u2019s general recommendations.<\/p>\n Suggested questions relating to general issues and measures<\/strong><\/em><\/p>\n Women refugees and asylum seekers<\/strong><\/p>\n <\/strong>In its 2017 Concluding Observations, the Committee expressed concern about the lack of infrastructure necessary to support the influx of refugee and asylum seekers, including those in administrative detention.<\/strong> There was also concern about the insufficient funding provided to civil society organizations working with this population. Recommendations provided by the Committee included enacting new procedures to better identify<\/strong> those who have been victims or are at risk of gender-based violence against women.<\/p>\n Asylum-seeking and refugee survivors of violence against women continue to face multiple obstacles during the asylum procedure and do not receive the adequate support they are entitled to to overcome violence<\/p><\/blockquote>\n Some of the measures proposed by Di.Re. organisations participating in the \u201cLeaving Violence. Living safe project\u201d at https:\/\/www.leavingviolence.it\/ in partnership with UNHCR need to urgently be put into effect. In its 2019 report, the CoE Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) committee noted that although migrant and asylum-seeking women may legally access the same services as citizens, their access can be hindered by administrative and cultural barriers.<\/strong> Interpretation may not be exact or residency requirements may be unmet. Following the passage of Law No. 132 in November 2018, detention periods for asylum seekers in hotspots were extended to 30 days, while detention for migrations in repatriation holding centers was tripled to 180 days.<\/p>\n Suggested questions relating to women refugees and asylum seekers<\/strong><\/em><\/p>\n Legislative framework and access to justice <\/strong><\/p>\n <\/strong>In its 2017 Concluding Observations, the Committee expressed concerns about the limited effectiveness of the anti-discrimination legislation, the difficulties women faced in the judicial system,<\/strong> and the insufficient protection against intersecting forms of discrimination in national legislation. The Committee recommended strengthening gender equality legislation and eliminating discrimination, while also amending Article 3 of the Constitution and Act No. 205\/1993 to protect individuals from intersecting forms of discrimination.<\/p>\n The Committee recommended prioritizing taken measures to improve the treatment of victims of gender-based violence by the judicial system and ensuring that intersecting forms of violence are well addressed<\/p><\/blockquote>\n In November 2020, the lower house of the Italian parliament passed legislation making violence against women and LGBTI persons a hate crime. In July 2019, legislation known as the Red Code was adopted and imposed harsher sentences for stalking, domestic violence, and other gender-based crimes. Rape, including spousal rape, now holds a penalty of six to twelve years in jail.<\/strong> In family law matters, women disproportionately rely on free legal aid.<\/strong> Legal aid fees granted to lawyers are often lower than the minimum requirement, and sometimes they do not include access to private consultants. Thus, women often face barriers in access to justice.<\/p>\n Suggested questions relating to legislative framework and access to justice<\/strong><\/em><\/p>\n National machinery for the advancement of women<\/strong><\/p>\n <\/strong>In its 2017 Concluding Observations, the Committee expressed concerns about the lack of a national gender equality policy, the insufficient resources allocated to effectively \u201ccoordinate and implement gender equality plans, policies and programs.\u201d The Committee recommended implementing a national gender policy and ensuring it is consistently applied in all laws, regulations and governmental programs.<\/strong> The Committee also recommended increasing resources for the Department for Equal Opportunities. Gender budgeting, the only gender mainstreaming initiative, was implemented at the national level between 2016 and 2018. While Article 5(1) of Law No. 119\/2013 called for collaboration between civil society organizations and public institutions, this collaboration is not solidified in law.<\/p>\n This means that the degree to civil society organizations are involved in discussions fluctuates with the politics<\/p><\/blockquote>\n Another concern shared by the GREVIO committee was the fact that anti-violence centers and shelters receiving grants from the government are not held accountable to the value system they promote and uphold.<\/p>\n Suggested questions relating to national machinery for the advancement of women<\/strong><\/em><\/p>\n <\/p>\n National human rights institution<\/strong><\/p>\n In its 2017 Concluding Observations, the Committee was concerned about delays in adopting a bill that would establish a national human rights institution (NHRI).<\/p>\n The Committee recommended the national human rights institution be established in compliance with the principles relation to the status of national institutions<\/p><\/blockquote>\n As an independent authority, an NHRI could have a specific role in contrasting adverse social norms and in combating gender stereotypes, and multiple and intersectional discrimination in several ways.<\/strong> These include: formulating reports; adopting directions for cases of non-compliance; playing an active role in lobbying on legislation, policies, interpretations and best practices; and ultimately promoting the knowledge and application of international human rights treaties and, consequently, recognition of women’s rights.<\/p>\n Suggested questions relating to national human rights institutions:<\/strong><\/em><\/p>\n Stereotypes<\/strong><\/p>\n <\/strong>In its 2017 Concluding Observations, the Committee noted the State party\u2019s efforts in combating discriminatory gender stereotypes. They were, however, concerned about the limited measures taken to eliminate stereotypes in the schools and the growing influence of men\u2019s organizations in the media. The Committee recommended creating a comprehensive strategy to eliminate and monitor patriarchal attitudes and gender stereotypes, with emphasis placed on women in minority groups.<\/p>\n The Committee also recommended imposing regulations to promote non-stereotypical portrayals of women in the media<\/p><\/blockquote>\n Stereotypes about women and sexism are both prevalent in the media. There is little attention paid to the sensitivity of gender language on women and the female declination of roles and professions.<\/p>\n Suggested questions relating to stereotypes<\/strong><\/em><\/p>\n Gender-based violence against women<\/strong><\/p>\n <\/strong>In its 2017 Concluding Observations, the Committee welcomed the measures taken by the state to combat gender-based violence against women. The Committee remained concerned about the high prevalence of gender-based violence against women<\/strong>, the underreporting of it, the low prosecution and conviction rate of perpetrators, the limited access to civil courts for women who are victims seeking restraining orders, and the continuance of the courts to refer victims to alternative resolution methods. T<\/p>\n The Committee was also concerned about the impact and intersection of racist and sexist acts, the lack of studies addressing gender-based violence against women and the disparities in the availability and quality of assistance<\/p><\/blockquote>\n The Committee recommended the State party adopt a comprehensive law to prevent, combat and punish all forms of gender-based violence against women; evaluate the response of the police and judiciary; introduce trainings for judges, prosecutors and other law enforcement officers; encourage women to report domestic and sexual violence; ensure alternative dispute resolution methods are not used in cases of violence against women; ensure racist, xenophobic and sexist acts against women are thoroughly investigated; and collect statistical data on domestic and sexual violence. Gender-based violence against women has not subsided since the last review. Between January and June 2019, 39 women were killed by domestic partners. The pandemic has further exacerbated the problem. During the lockdown in the spring 2020, calls and texts to the national helpline more than doubled.<\/strong> The State party lacks a governmental observatory against femicide: official data are partial, contradictory, and incomplete. The State does not collect femicides data but only data of “killed women”. There is also no systematic analysis of cases, sentences and convictions of the murderers.<\/p>\n <\/strong>Online hate crime affect women disproportionately. Working women are the most common target.\u00a0 In particular, female journalists are exposed to sexist hate attacks. In some cases, they stopped publishing online and even required police protection.<\/strong> The consequence of this violence is especially far-reaching, affecting women journalists disproportionately and impacting their presence in the media and reporting. In the 2019 survey conducted by the national federation of the Italian printed press, \u201cas many as 85% of women journalists report having suffered sexist harassment.\u201d<\/strong> Despite those statistics, sexual harassment outside of the workplace is still not considered a crime.<\/p>\n While national guidelines for training the judicial sector were updated in 2018 and the High Judicial Council offers courses on violence against women and encourages district courts to organize trainings, practices vary from court to court. Despite this training, there is a de facto <\/em>policy of recommending alternative dispute resolutions or mediation, particularly in cases of child custody.<\/p>\n Prioritization is often given to maintaining the relationships between children and parents, meaning victim safety is overlooked too much<\/p><\/blockquote>\n Training for law enforcement responsible for cases of violence against women is now mandatory for candidates. Information remains scarce about training for other professions. While there are perpetrator programmes meant to rehabilitate defendants,<\/strong> there is no coordinated response, there is no obligation for perpetrators to attend the programmes.<\/p>\n A perpetrator treatment program with no accountability for perpetrator compliance does not comport with best practice standards and is unlikely to effectively hold abusers responsible. A new law adopted in 2018 has improved support for orphans of a victim of domestic violence.<\/strong> Law No. 4\/2018 ensures support for children orphaned due to domestic violence, specifically for financing of training and counselling to find employment. This has since been delayed until the regulation defining funds criteria is adopted. This law also secures compensation for orphans of victims of femicide.<\/p>\n Suggested questions relating to gender-based violence against women:<\/em><\/strong><\/p>\n\n
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