Anti-discrimination policies in Italy are based on the Constitution art. 3 postulating the principle of equality in the formal (paragraph 1) and substantive (paragraph 2).
Better articulated and detailed in the laws:
- Act No. 654 of 13 October 1975 ratifying and implementing the International Convention on the Elimination of All Forms of Racial Discrimination, opened for signature in New York on 7 March 1966.
- Law of the 25 June 1993, n. 205, ” Conversion into law, with modifications, of Decree-Law No. 122 of 26 April 1993 on urgent measures in the field of racial, ethnic and religious discrimination ”
Law No. 122/1993 sanctions and condemns actions and slogans related to Nazi-Fascist ideology and with the aim of inciting violence and discrimination on racial, ethnic, religious or national grounds. In particular, Art. 1, which amends art. 3 of Law No. 654/1975, concerns discrimination, hatred or violence on racial, ethnic, national or religious grounds. - D.lgs. 9 July 2003, n. 215 – Implementation of Directive 2000/43/EC on equal treatment between persons irrespective of racial or ethnic origin
Legislative Decree no. 215/2003 implements Directive 2000/43/EC on equal treatment between persons irrespective of racial or ethnic origin.
The object of the decree, provided for by art. 1, is to implement the provisions on equal treatment between persons ‘irrespective of racial or ethnic origin, providing for the necessary measures to ensure that differences in racial or ethnic origin are not a cause of discrimination, also with a view to taking into account the different impact that the same forms of discrimination may have on women and men, as well as the existence of forms of racism of a cultural and religious nature». - D.lgs. 9 July 2003, n. 216 – Implementation of Directive 2000/78/EC on equal treatment in employment and occupation
Legislative Decree no. 216 of 2003, pursuant to Directive 2000/78/EC, establishes equal treatment in employment and occupation, both in the public and private sectors, regardless of disability, religion or belief, by age or sexual orientation.
The d.lgs. distinguishes the cases attributable to direct and indirect discrimination. It also indirectly introduces the definition of c.d. mobbing that is the implementation of harassment or unwanted behavior with the purpose and effect of violating personal dignity creating an intimidating, hostile, degrading, humiliating or offensive.