Scarica Italy's Human Rights Treaties and Reservations e più Esercizi in PDF di Diritto Internazionale Pubblico solo su Docsity! Exercise: The status of our countries Italy's foreign policy stands out for the country's choice to par5cipate fully in the great period of mul5lateralism that characterized the post-war period. With regard to the 9 core human rights trea5es, Italy ra5fied the following: (CAT on 04 Feb. 1985) Conven5on against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and its op5onal protocol (2003); (CCPR on 18 Jan. 1967) Interna5onal Covenant on Civil and Poli5cal Rights and its second op5onal protocol (1990); (CED on 3 July 2007) Conven5on for the Protec5on of All Persons from Enforced Disappearance; (CEDAW on 17 July 1980) Conven5on on the Elimina5on of All Forms of Discrimina5on against Women; (CERD on 13 Mar 1968) Interna5onal Conven5on on the Elimina5on of All Forms of Racial Discrimina5on; (CESCR on 18 Jan. 1967) Interna5onal Covenant on Economic, Social and Cultural Rights; (CRC on 26 Jan. 1990) Conven5on on the Rights of the Child and both its op5onal protocols (the first one on the involvement of children in armed conflict, the second one on the sale of children, child pros5tu5on and child pornography); (CRPD on 30 Mar. 2007) Conven5on on the Rights of Persons with Disabili5es. As we can see and as many others European countries, Italy has not taken any ac5on to ra5fy the Interna5onal Conven5on on the Protec5on of the Rights of All Migrant Workers and Members of Their Families. Probably the reasons of this resistance by the European states have to be found in the content of the Conven5on, but probably there are also more poli5cal and con5ngent reasons. The ra5fica5on of the Conven5on by an EU state could in fact appear to be a message addressed directly to millions of workers who today are ready to travel to our con5nent and this is not the message that the European states want to transmit. We can find a reserva5on by Italy on the CEDAW: Italy reserves the right to exercise, when deposi6ng the instrument of ra6fica6on, the op6on provided for in ar6cle 19 of the Vienna Conven6on on the Law of Trea6es of 23 May 1969. Concerning the trea5es that had been ra5fied, Italy made some declara5ons, for example the one on the CERD, at the and of which “The Government of the Italian Republic recognizes that competence on the understanding that the CommiIee on the Elimina6on of Racial Discrimina6on shall not consider any communica6on without ascertaining that the same maIer is not being considered or has not already been considered by another interna6onal body of inves6ga6on or seIlement.” Another example with CCPR: With reference to ar6cle 15, paragraph 1, last sentence: "If, subsequent to the commission of the offence, provision is made by law for the imposi6on of a lighter penalty, the offender shall benefit thereby", the Italian Republic deems this provision to apply exclusively to cases in progress. […] The Italian Republic recognizes the competence of the Human Rights CommiIee, elected in accordance with ar6cle 28 of the Covenant, to receive and consider communica6ons to the effect that a State party claims that another State party is not fulfilling its obliga6ons under the Covenant. So Italy has actually made the declara5on of art 41 CCPR. Italy also made declara5on about the two faculta5ve protocols: “provisions of ar6cle 5, paragraph 2, of the Protocol mean that the CommiIee provided for in ar6cle 28 of the Covenant shall not consider any communica6on from an individual unless it has ascertained that the same maIer is not being and has not been examined under another procedure of interna6onal inves6ga6on or seIlement”; and “The Government of Italy recalls that it is the object and purpose of the Second
