Italy ratified the 1961 European Social Charter on 22/10/1965 and the Revised Social Charter on 5/07/1999, accepting 97 out of 98 paragraphs.

It ratified on 3/11/1997 the 1995 Additional Protocol providing for a system of collective complaints, but has not made yet a declaration enabling national NGOs to submit collective complaints.
 

The Charter in domestic law

Statutory ad hoc incorporation into domestic law based on Act No. 30/1999 (Legge recante ratifica ed esecuzione della Carta Sociale europea, riveduta, con annesso, fatta a Strasburgo il 3 maggio 1996).


Country factsheets

The country factsheets include detailed information on the findings of the European Committee of Social Rights when monitoring the application of the Charter at national level, as well as examples of progress in the implementation of the rights protected by the Charter.

Italy factsheet


Latest Ad hoc report by Italy

See previous reports in respect of Italy


Latest conclusions of the European Committee of Social Rights (ECSR)

See all conclusions in respect of Italy (HUDOC)


Latest findings of the European Committee of Social Rights

Findings 2019 of the European Committee of Social Rights on the follow-up to decisions on the merits in collective complaints in respect of Italy.


Table of accepted and non-accepted provisions by Italy

Grey = Accepted provisions

1.1 1.2 1.3 1.4 2.1 2.2 2.3 2.4 2.5 2.6 2.7 3.1
3.2 3.3 3.4 4.1 4.2 4.3 4.4 4.5 5 6.1 6.2 6.3
6.4 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 8.1
8.2 8.3 8.4 8.5 9 10.1 10.2 10.3 10.4 10.5 11.1 11.2
11.3 12.1 12.2 12.3 12.4 13.1 13.2 13.3 13.4 14.1 14.2 15.1
15.2 15.3 16 17.1 17.2 18.1 18.2 18.3 18.4 19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 20 21 22
23 24 25 26.1 26.2 27.1 27.2 27.3 28 29 30 31.1
31.2 31.3  

 

Meetings and reports on the non-accepted provisions


Collective complaints procedure

Italy ratified on 3/11/1997 the 1995 Additional Protocol providing for a system of collective complaints, but has not made yet a declaration enabling national NGOs to submit collective complaints.

Back No. 192/2020 Confederazione Generale Sindacale CGS, Federazione GILDA-UNAMS and Sindacato Nazionale Insegnanti Di Religione Cattolica v. Italy

The complaint was registered on 6 March 2020. It concerns Articles 1§§1 and 2 (the right to work), 4§§1 and 4 (the right to a fair remuneration), 5 (the right to organise), 6§4 (the right to bargain collectively), 24 (the right to protection in case of dismissal) read alone and E (non-discrimination) in conjunction with each of these provisions of the Revised European Social Charter. The complainant unions allege that teachers of Catholic religious education who have been working under fixed-term contracts for more than 36 months are discriminated in respect of other categories of teachers, with an equivalent length of service under fixed-term contracts, as regards access to indefinite duration contract through the recruitment competition procedure provided under Decree-Law No. 126 of 29 October 2019, converted by Law No. 159 of 20 December 2019, in violation of the above-mentioned provisions of the Charter..

 Case-document No. 1, Complaint registered on 6 March 2020

 Case-document No. 2, Observations by the Government on admissibility

 Case-document No. 3, Response by the complainant organisations to the Government's observations on admissibility

 Case-document No. 4, Further response by the Government on admissibility

 Case-document No. 5, Submissions by the Government on the merits

 Case-document No. 6, Response by the complainant organisations to the Government's submissions on the merits

 Case-document No. 7, Reply from the Government to the complainant organisations' response 

The European Committee of Social Rights declared the complaint admissible on 9 December 2020.

 Decision on admissibility of the Complaint No. 192/2020

Back No. 102/2013 Associazione Nazionale Giudici di Pace v. Italy

The complaint, registered on 2 August 2013, relates to Article 12 (right to social security) of the European Social Charter. The complainant organisation, the Associazione Nazionale Giudici di Pace (the National Association of Justices of the Peace), alleges that Italian law does not provide any social security and welfare protection for this category of honorary Judges, in violation of the Charter provision relied on.

The European Committee of Social Rights declared the complaint admissible on 2 December 2014.

The European Committee of Social Rights adopted his decision on the merits on 6 July 2016.

In its decision on the merits, the Committee unanimously concluded:

  • that there is a violation of Article E in conjunction with Article 12§1 of the Charter

 Decision on admissibility of the Complaint 102/2013

 Decision on the merits of the Complaint 102/2013  

 Resolution ResChS(2017)3 of the Committee of Ministers on 5 April 2017


Previous national reports by Italy