A/HRC/42/44/Add.1
equality for all individuals, regardless of their racial or ethnic origin (art. 1), and allows for
civil action to be taken for discriminatory acts committed by members of the public
administration on the grounds of race and ethnicity or religion (arts. 4 and 5) and
nationality.14
26.
Italian law differentiates between “illegal immigration” and “irregular migration”.
So-called illegal migrants are defined as those who have entered Italy without any
authorization, whereas irregular migrants are foreigners who have entered Italy as regular
migrants (defined by IOM as migrants who comply with the laws of the country of origin,
transit and destination), but who subsequently lose the requisite conditions for staying
(A/HRC/23/46/Add.3, para. 18).
27.
Legislative Decree No. 24/2014 provides for measures to facilitate access to justice
and compensation for victims of trafficking and the introduction of a national monitoring
system, such as an independent national rapporteur or equivalent mechanism, to assess and
report on trends in trafficking in human beings and measure the results of anti-trafficking
actions, including through the collection of statistics in close cooperation with civil society
organizations active in this field (A/HRC/26/37/Add.4, para. 23).
28.
Under the 1998 Italian Immigration Act, article 22, paragraphs 12 and 12 bis, the
employment and exploitation of third-country nationals in an irregular situation is
prohibited and it is an offence to employ them unless they have requested a residence
permit within the established time frame, or if their permit has expired and they have not
applied for it to be renewed, in accordance with the law, or they have had their permit
revoked or withdrawn. Workers who have been exploited can obtain a residence permit
under article 22, 12-quater, of the Consolidated Immigration Act if they make a complaint
and cooperate with criminal proceedings launched against the employer concerned.
However, only two permits were issued by the Government in this category in 2018, which
indicates that in practice the article 22 provision is rarely used.
29.
Minimum wages are established through national collective bargaining and the
Constitution guarantees the right to fair pay. The minimum wage and indemnity benefits
are negotiated between employers and trade unions and depend on the industry and
employees’ qualification levels, among other factors. In agriculture, there is a national
collective agreement and local contracts that establish the minimum daily pay (including
social security contributions).
30.
Under applicable legislation, a maximum of 8 working hours per day is allowed, or
the equivalent of 40 hours per week. Overtime up to 8 hours per week or 250 hours per year
is allowed, followed by a customized approach in relation to the collective agreements,
which are based on the employee’s status and occupation within the company or district.
Institutional framework
31.
During the visit of the Special Rapporteur, reference was made to the existing
framework regarding labour exploitation. One of the key features is the Interministerial
Committee for Human Rights, chaired by the Ministry of Foreign Affairs and International
Cooperation and composed of a specific human rights focal point appointed by each of: the
Presidency of the Council of Ministers, the Ministry of Justice, the Ministry of the Interior,
the Ministry of Education, the Ministry of Labour and Social Policies, the Ministry of
Health, the Ministry of Economic Development, the Ministry of Defence, the Ministry of
the Environment, the Ministry of Agriculture, the Ministry of Cultural Heritage, the
National Office against Racial Discrimination, the High Council of the Judiciary, the
National Council for Economics and Labour, the National Institute of Statistics, the
Carabinieri Corps, the Revenue Guards Corps, the National Association of Italian
Municipalities and the Italian Society for International Organizations. The Committee
operates as a key mechanism for integration of the human rights of migrant workers into
every agency and ministry. In addition, the national action plan for business and human
14
6
See Legislative Decree No. 286/1998 governing immigration and the status of foreign nationals, art.
44.
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