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Italy

https://www.idea.int/democracytracker/

December 2024

Parliament passes decree changing responsible courts for migrant detention

On 4 December, the Senate approved the Decree on Migration Flows, transferring the authority to validate asylum seekers' detention from specialized courts to the Courts of Appeal. The legislation was proposed by the ruling Brothers of Italy party followings tensions between the government and the judiciary.  These tensions developed after the migration judges ruled the return of migrants from camps in Albania to Italy, blocking Prime Minister Giorgia Meloni’s deal with Albania. The opposition has referred to this amendment as a retaliation against these judges. Magistrates said the change may overburden courts and affect decision quality. The new provisions introduce stricter rules on family reunification and a new list of countries considered "safe", which includes countries such as Bangladesh, Egypt and Morocco. Designating these countries as "safe" could lead to faster asylum rejections and more deportations for asylum-seekers from these countries.  

Sources: NT+ Diritto, Italian Government – Integrazione Migranti, Senato, il Fatto Quotidiano, il Dubbio, InfoMigrants, Notizie (1), Notizie (2), International IDEA 

October 2024

Senate passes bill criminalising pursuing surrogacy abroad

On 16 October, the Senate passed a law extending Italy’s 2004 surrogacy ban to criminalize seeking surrogacy abroad, even in countries where it is legal. Proposed by the Brothers of Italy party, the law sets penalties of up to two years in jail and EUR 1 million in fines. While Prime Minister Meloni called the law a “rule of common sense, against the exploitation of the female body and children,” critics argue it makes surrogacy a serious universal crime, and it disproportionately targets LGBTQIA+ couples, who are already excluded from adoption, artificial insemination, and IVF. Concerns were also raised about the potential legal limbo that families and children could suffer, as well as how evidence will be collected to enforce the law and if it will apply retroactively. Italy has recently seen a surge in restrictive policies against the LGBTQIA+ community, particularly reproductive rights. 

Sources: Politico, Giurisprudenza penale, International IDEA, Global Citizenship Observatory, Verfassungsblog, The Loop 

September 2024

Chamber of Deputies approves security bill, targeting peaceful resistance
Watch flag

On 18 September, the Chamber of Deputies (lower house of Parliament) approved a security bill that introduces changes to the penal code. If passed, it will create up to 20 new offences and increase prison sentences. It would criminalize passive resistance, non-violent road blockages, and resisting police in prison or migrant centers. Penalties for property damage during violent protests would also increase. Off-duty police officers would be allowed to carry weapons without a license and wider surveillance in prisons and detention centers would be introduced. Pregnant women and women with children under one year old would no longer be exempt from prison. The bill has drawn strong criticism from the opposition, activists (especially from environmental and labour rights groups), civil society, and the judiciary, with one prosecutor warning it could return Italy to authoritarian-era criminal laws. The bill requires Senate approval as a next step. 

Sources: il Post, Giurisprudenza Penale (1), Giurisprudenza Penale (2)Giurisprudenza Penale (3), El Pais, Politico 

July 2024

Migrant farm worker’s death exposes immigrant labour exploitation

The death of a 31-year-old Indian farm worker, who was allegedly abandoned by his employer on a roadside near Rome after losing an arm in a machinery accident, has sparked outrage over immigrant rights and issues of labour exploitation and modern slavery. Politicians and trade unions have broadly condemned the incident. In response, Labor Minister Marina Calderone announced an increase in labour inspectors, promising to double the number of inspections conducted in recent years. Exploitation of migrant workers, particularly undocumented ones, has become widespread, with mafia-led practices (caporalato) being a significant issue. Recently, the Italian Competition Authority has also probed luxury brands over alleged worker exploitation.

Sources: Politico, Agenzia Nazionale Stampa Associata (1), Agenzia Nazionale Stampa Associata (2)Il Fatto Quotidiano, Financial Times

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Global ranking per category of democratic performance in 2023

Chevron
Representation
10/173
Rights
14/173
Rule of Law
36/173
Participation
18/173

Basic Information

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Population Tooltip
59 066 220
System of government
Parliamentary system
Head of government
Prime Minister Giorgia Meloni (since 2022)
Head of government party
Brothers of Italy
Electoral system for lower or single chamber
Parallel
Women in lower or single chamber
32.3%
Women in upper chamber
36.1%
Last legislative election
2022
Effective number of political parties Tooltip
3.42
Head of state
President Sergio Mattarella
Selection process for head of state
Indirect election (assembly + regional/local representatives)
Latest Universal Periodic Review (UPR) date
04/11/2019
Latest Universal Periodic Review (UPR) percentage of recommendations supported
95.42%
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Human Rights Treaties

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State Party State party
Signatory Signatory
No Action No action
United Nations Human Right Treaties
International Covenant on Civil and Political Rights
State Party
International Covenant on Economic, Social and Cultural Rights
State Party
International Convention on the Elimination of All Forms of Racial Discrimination
State Party
Convention on the Elimination of Discrimination Against Women
State Party
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
State Party
Convention on the Rights of the Child
State Party
International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families
No Action
International Convention for the Protection of All Persons from Enforced Disappearance 
State Party
International Convention on the Rights of Persons with Disabilities
State Party
International Labour Organisation Treaties
Forced Labour Convention
State Party
Freedom of Association and Protection of the Right to Organise Convention
State Party
Right to Organise and Collective Bargaining Convention
State Party
Equal Remuneration Convention
State Party
Abolition of Forced Labour Convention
State Party
Discrimination (Employment and Occupation) Convention
State Party
Convention concerning Minimum Age for Admission to Employment
State Party
Worst Forms of Child Labour Convention
State Party
Regional Treaties
Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Signatory
Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
in
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Performance by category over the last 6 months

Representation neutral Representation
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Representation neutral Rights
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Representation neutral Rule of law
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Representation neutral Participation
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Global State of Democracy Indices

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Explore the indices
Representation
Representation
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
Rights
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rule of Law
Rule of Law
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/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
Participation
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4

Factors of Democratic Performance Over Time

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