Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Renga, Simonetta
• Pages: 86-91

86

11Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1General (legal) context

11.1.1Surveys and reports about the particular difficulties related to obtaining legal

redress

There are no surveys and/or reports that have been published in Italy over the last five

years that provide insights into the particular difficulties that victims of gender

discrimination face in practice in obtaining legal redress.

11.1.2Other issues related to the pursuit of a discrimination claim

A step forward in legal aid and the spreading of a ‘culture’ of bringing legal proceedings

was taken by the allocation of funds to support the equality advisers (which strengthens

the worker’s financial and psychological position and assures the assistance of an expert

both before and during the trial), but funding has been progressively cut every year and

the ability to fully maintain equality advisers has been reduced.

11.1.3Political and societal debate and pending legislative proposals

There is no political and/or societal debate or pending legislative proposals.

11.2Victimisation

Article 26 of the Equal Opportunities Code provides protection against victimisation for

employees and all other persons who are victims of detrimental treatment by their

employer in reaction to requiring compliance with the principle of equal treatment between

men and women. Italian legislation fully complies with the directives in this respect.

Moreover, Article 1, Paragraph 218 of Act No. 205/2017 (Budgeting Act 2018) partially

amended Article 26 so as to expressly state that acts, pacts or provisions amending the

employment relationship of workers who are victims of less favourable treatment and

adopted in retaliation for the worker’s rejection or reporting of harassment on the ground

of sex or sexual harassment are null and void. The same law also added Paragraph 3bis

to Article 26, specifying that all types of less favourable treatment mentioned above,

including dismissal, transfer and change of job or any organisational measure that has a

direct or indirect negative effect on the working condition of the worker who brings a case

to court for harassment or sexual harassment are null and void. The sole exception to the

enforcement of this protection is in case of ascertained criminal liability of the claimant for

libel or slander. No case law has been recorded on this type of discrimination.

Article 41bis of the Equal Opportunities Code also provides for an extension of special legal

redress (assistance by the equality advisers, trade unions and other associations

promoting equal opportunities) to cases of victimisation.

11.3Access to courts

11.3.1Difficulties and barriers related to access to courts

Some obstacles in relation to access to redress procedures are likely to arise from: the

discouragement of women, that is a general lack of faith in the legal system; the fact that

the legal proceeding are often too slow and in some cases provide sanctions (such as

nullification of the discriminatory act that provides advantages to one gender) that do not

award any benefit to the victims; the difficulty of proof as regards discrimination cases;

and the lack of a widespread knowledge and consciousness of these items by the victims

themselves and by union representatives, lawyers, judges and labour inspectors.