Italy

Governmental equality bodies

The Ministry for Rights and Equal Opportunities was created in 1996, in line with the UN’s Beijing Platform for Action (BPfA) and EU guidelines on gender mainstreaming. Its functions were established in 1997 (Decree of the Presidency of the Council of Ministers No. 405 of 28 October 1997)^[4] and modified through subsequent ministerial decrees. Its broad mandate includes representing the Italian position on gender issues at the EU level, preparing the government’s gender equality policies and implementing the EU Equality Directives, as well as engaging in gender mainstreaming.

Italy’s main government equality body is the Department for Equal Opportunities (Dipartimento per le pari opportunità, DEO) of the Italian Presidency of the Council of Ministers (since 1996). It has supported the Office of the Minister for Equal Opportunities since 1997, now Minister for Equal Opportunities and Family (Decree of the Presidency of the Council of 12 February 2021). The Minister for Equal Opportunities and Family holds the highest level of governmental responsibility for gender equality. According to the Ministerial Decree (D.P.C.M) of 26 September 2019 (published in the Official Gazette of 18 October 2019, No. 245), the Department for Equal Opportunities is delegated to perform the following functions:

As of December 2021, the personnel resources of the DEO consisted of 62 employees who spent approximately three-quarters of their time on projects focused on gender equality issues.

The reporting system on gender equality has recently been modified, with particular regard to Article 20 of Legislative Decree 2006/198. Passed in 2021, Law No. 162 obliges the Counsellor or National Equality Counsellor to biennially report to the parliament (based on a report specified in Art. 5 §7, as well as the information provided by the committee according to Art. 8). The report covers, firstly, the status of the application of gender equality legislation in place and, secondly, the effects of the provisions of Legislative Decree 2006/198. At the time of writing, the reports are not publicly available.

A variety of departments and ministries regularly consult the DEO about new and/or existing policies, laws, or programmes (in fields other than gender equality), although there is no legal obligation to do so. Typically, the DEO is invited to an inter-ministerial collaboration on specific areas, such as family issues or smart working. Requests are submitted, for example, by the Ministry of Labour, Ministry of Foreign Affairs, and Ministry of Ecological transition. If the DEO is consulted, its advice and recommendations lead to relevant adjustments in 50-75% of cases.

Independent equality body

The independent gender equality body in Italy is the National Equality Counsellor (Consigliera nazionale di parità).

Law No. 125, Legislative Degree 2006/198 (Article 12-20)^[5], and subsequent amendments define the National Equality Counsellor’s profile and competences which are exclusively focused on gender equality. The National Equality Counsellor monitors the conditions under which women are employed in the labour market and the equal treatment of women and men in the workplace. Amongst others, its working areas include access to employment, career progression, professional training, remuneration, dismissal, resignation, and pensions. The Counsellor also promotes the principle of equal opportunities in policies, projects and other initiatives. Further, counsellors have the power to intervene in cases of discrimination relating to employment, as set out in Article 36-28 of the Degree 2006/198.

The National Equality Counsellor is a member of the National Equality Committee and coordinates the National Conference of Equality Counsellors. The Committee includes all counsellors at the regional and city levels and aims to increase the effectiveness of their action in this area through the exchange of information and good practices.^[6]

The Counsellor’s monitoring function, as outlined in Articles 46 and 48 of Legislative Decree 2006/198, has recently been expanded through Article 3 of Law No. 162/2021^[7]. The law requires public and private entities with more than 50 employees to submit a report on the gender balance of their personnel. Based on the analysis of these submitted reports, the public administration prepares a report on the status of gender balance at work every two years.

The resources for the National Equality Counsellor are embedded within the Ministry of Labour. Moreover, three National Equality Counsellors can request support from civil servants working at the Ministry of Labour when carrying out their professional functions if required. The resources are set annually and cover the expenses for the allowance and missions of the National Equality Counsellor.

The independent gender equality body is consulted on the majority of new or existing policies, laws, or programmes at both the governmental and parliamentary levels (in fields other than gender equality). When consulted, the independent body’s involvement leads to an adjustment in 50-75 % of cases.

Although intersectionality is included in Italian legislation (albeit in the simplified form of multiple (double) discrimination), Italy lacks an independent body to protect human rights and combat discrimination, including multiple incidents of discrimination. The intersection of race with gender, religion and culture is explicitly mentioned in Article 1 of Decree No. 215/2003, which aims to achieve equal treatment by taking into account ‘both the differential impact that similar forms of discrimination can have on women and men and the existence of forms of racism with a cultural and religious character.’ The Italian National Office against Racial Discrimination (UNAR) was established in 2003 within the Department for Equal Opportunities (Legislative Decree No. 215 of 9 July 2003) to transpose the Race Equality Directive (2000/43/EC).^[8] UNAR’s activities and report do not mention specific gender equality legislation or mechanisms, implying a division of competence with the DEO and a lack of explicit procedures of institutional coordination.

Parliamentary body

In 2015, the Parliamentary Intergroup for Women’s Rights was created. It was chaired by the President of the Chamber and comprised 96 members of parliament from every parliamentary group sitting in the chamber. It disbanded in 2018, following the general election and the subsequent change of government.

At the start of a new parliament, 14 Standing Committees are established in the Chamber of Deputies, none of which have gender as a named part of their scope of competence.^[9]

Regional structures

Italy is characterised by significant heterogeneity in its regional territories. Article 117 of the Italian Constitution states: ‘(…) regional laws shall remove all obstacles which prevent the full equality of men and women in social, cultural and economic life, and shall promote equal access of men and women to elective office.’ The regions can thus legislate on substantive equality and gender equality issues.

According to Law No. 53/2000, Italian local authorities are responsible for the quality of life and have a specific mandate to design positive action plans to reduce gender inequality.^[10] Unfortunately, no comparative results are available on methodologies, timing and responsibilities established by local administrations in respect of gender policy initiatives, except for gender budgeting. Based on sex-disaggregated statistics, several Italian municipalities and provinces have developed ‘gender audits’ (gender budget documents) to support the implementation of local and regional gender equality policies. Although the Decree Law No. 150 and Law No. 196 of 2009 require all public administrations to carry out gender budgets for their annual performance review, this practice has been implemented to varying degrees across Italian regions.^[11]

Most regional, provincial and municipal gender equality institutions are similar to those at the national level. Regional Advisors assist in the analysis of reports on the gender balance within public and private entities. Further, they can act directly in the case of collective discrimination with local significance. Regional and Provincial Advisors can also represent the individual employee or intervene in an employee-led process, depending on their respective territorial mandate. Advisors are tasked with safeguarding anti-discriminatory access to rights in the labour market. Resources for the Regional and Provincial Counsellors are embedded within the budget of the local authority.

In addition, many local authorities have appointed a specific political mandate (assessorato) on equal opportunities, while a smaller number have a diversity manager. Most local authorities have appointed equality boards or commissions (with primarily consultative powers) to encourage the implementation of gender strategies.

Consultation with civil society

Consultation with civil society actors takes place through various formats and throughout the policy development cycle. NGOs, social partners, and women’s organisations regularly participate in consultations related to reforms and policy proposals on gender equality. Other examples include participation in committees, commissions, conferences, seminars, and working groups. For instance, the Minister for Equal Opportunities and the Family, with technical support of the DEO, has drawn on civil society actors concerning initiatives designed to foster female empowerment, women in business, violence against women, and gender inequality.^[12]

Social partners and women’s associations are also consulted through their membership in the Equal Opportunities National Committee (EONC).^[13] Law No. 125 of 10 April 1991^[14] provides the tasks and functions aimed at eliminating sexually discriminatory behaviours and any barriers that may hinder the equality of women in the workplace, as well as their professional advancement and careers. However, the EONC’s consultative powers on labour policies and the struggle against discrimination were substantially reduced under the reform enacted by Legislative Decree No. 151 of 14 September 2015.^[15] The last Committee’s term ended in 2017 and was only renewed at the end of July 2019.