UPR: Italy is not willing to improve rights on certain issues

In the fourth cycle of the Universal Periodic Review held in January 2025, Italy ranked third in the number of recommendations received (340), following Egypt (343) and Iran (346).

Among these recommendations, which came from 123 countries, 295 were accepted, while the remaining ones were only “noted” or “partially noted,” meaning that Italy does not intend to undertake concrete actions to improve rights in those areas, on the grounds that the existing legislative framework is already deemed sufficiently adequate.

The Italian Ambassador to the United Nations, Vincenzo Grassi, referred in fact to recent developments in combating gender-based violence, highlighting the ongoing process of introducing the offence of femicide and the government’s efforts to develop a National Strategic Plan 2025–2027 aimed at implementing protection and empowerment measures for women who are victims of violence. Regarding the fight against discrimination and intolerance, attention was drawn to the new National Plan against Racism, Xenophobia and Intolerance, developed in collaboration with UNAR and recently approved by the Ministry for Equal Opportunities. Subsequently, focus was directed toward the legal and strategic framework in the areas of disability and migration.

The Addendum published in response to the Working Group’s report includes comments and, in more detail, the reasons provided by the Permanent Representatives of the Italian Delegation to the UN for those recommendations that were not formally accepted—reasons that, unfortunately, do not reflect the concerns and critical issues raised by human rights organisations.

In particular, the document presents the Delegation’s arguments concerning the areas of migration, disarmament, LGBT+ rights, self-determination, gender-based violence, diplomatic relations, and, lastly, combating hate speech and intolerance in the country.

Migration

• It is stated that the rights of both regular and irregular migrants are already adequately guaranteed under the current legal framework;
• The recommendation to ratify the UN Convention on the Rights of Migrant Workers and Their Families is rejected;
• The restrictive rules adopted over the past two years that severely limit the operational space of SAR NGOs in the Mediterranean – through heavy fines, administrative detentions, and the allocation of distant ports of disembarkation (Port of Safety, POS) – are justified as necessary for better coordination with national authorities;
• It is asserted that the administrative detention of migrants and asylum seekers in hotspots and CPRs is legitimate, as it is time-limited and accompanied by guarantees of assistance, monitoring, and healthcare;
• Respect for the principle of non-refoulement is underlined, along with recent measures aimed at improving conditions in reception centres, particularly in Lampedusa;
• Italy abstains from adopting the UN Global Compact for Migration.

Disarmament

• The suggestion to conclude new treaties on nuclear disarmament is rejected, as the Non-Proliferation Treaty – particularly Article 6 – is considered sufficiently adequate for the intended goal.

LGBT+ Rights

• There is no perceived need to expand the rights of same-sex civil unions recognised under Law No. 76/2016, as these are deemed comparable to the rights of heterosexual couples;
• No legislative action is deemed necessary regarding the prohibition of “conversion therapies” since they are not provided by the National Health Service (SSN);
• There is no perceived need to further define the conditions and circumstances under which surgery may be performed on intersex minors, as these are currently limited to “medical necessity.”

Self-Determination

• Italy reiterates its commitment to an education based on respect in relationships and sexual and reproductive health, preferring a non-ideological and unambiguous language, and leaving the implementation of Comprehensive Sexuality Education (CSE) programmes to voluntary adoption;
• The number of facilities with conscientious objectors and its impact on access to safe abortion services (IVG) is considered acceptable;
• It is affirmed that corporal punishment in educational settings is already prohibited by law in the country.

Gender-Based Violence

• No legislative changes are considered necessary to redefine the link between sexual violence and consent, as under Italian case law, the absence of consent is sufficient to constitute the offence of sexual violence, in line with the Istanbul Convention.

Diplomatic Relations

• Italy states that its diplomatic relations with the Afghan regime fall within the consensual UN process, namely the Doha process.

Hate Speech and Intolerance

• Responsibility for legislating on this phenomenon is deferred to Parliament, as provided for in the Constitution.

Some of the reasons set out in the Addendum have caused deep concern and dismay among civil society organisations, particularly with regard to migration, LGBT+ rights, and combating hate speech and intolerance in the country.

When analysing the arguments concerning migration, the work of CILD and many other organisations reveals a reality that sharply contrasts with the version provided by the Delegation. In particular, it is evident that the new rules governing SAR NGO operations in the Mediterranean are in fact aimed at criminalising solidarity, obstructing rescues at sea, and increasingly prosecuting individuals for aiding and abetting irregular migration.

Moreover, the Working Group’s report mentions that the Delegation praises the effectiveness of agreements with countries of origin and transit in reducing deaths in the Mediterranean, ignoring the fact that in 2024 alone, over 2,200 people died trying to reach Italian coasts from North African countries – bringing the total number of victims since 2014 to more than 31,000.

In 2024, the reception system was described as being “on the verge of collapse”. Overcrowding and the drastic reduction in information and assistance services are undeniable signs of a system that is inadequate and unable to guarantee the fundamental rights of migrants and refugees.

As for the system of administrative detention centres (CPR) in Italy, since 2019 CILD has denounced the degrading conditions in which thousands of people are detained each year without having committed any crime. In particular, the limited access to the right of defence, to information, and to healthcare; the abusive administration of psychotropic drugs; and the uncertainty of the detention duration turn CPRs into true “black holes”, pathogenic environments stripped of any fundamental rights.

According to the association Arcigay, Italy rejected 12 out of 19 recommendations on marriage equality, adoption by same-sex couples, recognition of both same-sex parents, and protection of the rights of children of same-sex couples. This indicates strong resistance to the expansion of LGBT+ rights and a clear tendency by Prime Minister Meloni to align more and more with the “Orbán model”. 

Hate speech and problematic online content are on the rise in Italy, as confirmed by Amnesty International Italy and explored in detail in the sixth report of the European Commission against Racism and Intolerance (ECRI). The groups most affected – both online and offline – include social rights activists, migrant people, marginalised and racialised persons, LGBTQIA+ communities, student unions, feminist movements, climate activists, and NGOs involved in sea rescue operations. Regrettably, many of these attacks are instrumentalised by members of the government for propaganda purposes. Civil society organisations highlight a worrying normalisation of hate speech, which fits into an increasingly polarised political context.

The Italian legal framework on this matter is marked by legislative shortcomings and gaps in enforcement. The Mancino Law (1993) and Article 604-bis of the Criminal Code address discrimination based on ethnicity, nationality, or religion. However, these laws do not provide adequate protection against discrimination based on sex, gender, gender identity, or sexual orientation. In light of this legislative gap, Italy cannot simply shift responsibility to the legislature. It would be far more desirable for the Delegation to accept the recommendations presented in this regard and to actively commit to launching a reform process aimed at expanding anti-discrimination legislation to cover these unprotected categories – a reform that has remained stalled in the Justice Committee since January 2023.

In light of these elements, it seems that Italy has accepted the recommendation to establish a National Human Rights Institution (NHRI), a point that CILD had also raised during the UPR pre-session held in Geneva in November, based on the joint submission presented last July together with Antigone, Cittadinanzattiva, 21 Luglio, and Lunaria However, the introductory section of the Addendum notes that for some accepted recommendations, Italy is unable to establish a time frame for implementation – raising doubts about the actual short-term enforcement of these commitments.

We will therefore await the opportunity to assess the general state of implementation of the accepted recommendations in the interim report that Italy has promised to submit to the United Nations Human Rights Council in 2027.