The Italian legislation on Roma and Sinti and its compliance with European and international standards

Abstract

Thomas Hammarberg, Council of Europe’s High Commissioner on Human Rights, in a report issued on 7 September 2011, expressed grave concerns about anti-gypsyism widely diffused in the Italian society.1 According to Mr. Hammarberg, policies adopted by the Italian government against criminality, and in particular forced evictions of Roma and Sinti from illegal settlements carried out in several Italian municipalities since 2008, raised some concerns about their compatibility with international human rights’ law, and in particular with the right to an adequate housing, to the right not to be discriminated on an ethnic basis and with the right to education of children. The aim of this paper is to analyze the compatibility of the Italian anti-discrimination legislation with European and international standards and if and in which degree Italy has violated or violates fundamental rights of Roma and Sinti.2 In this vein, it starts with a brief overview of international human rights’ standards applicable to Roma and Sinti, with particular reference to economic, social and cultural rights. The survey will encompass the activity of the United Nations (UN) as well as of regional organizations, such as the Council of Europe (CoE) and the European Union (EU). The second part of the article is devoted to the Italian legislation, with particular reference to the legal status of Roma and Sinti and to the main legal measures adopted in response to violence committed by them against Italian citizens in 2008 and 2009 (the declared state of “Nomad Emergency”). Particular attention will be also paid to anti-discrimination existing laws.