Positive action (article 5 Directive 2000/43, article 7 Directive 2000/78)

• Author: Chiara Favilli
• Pages: 44-46

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5POSITIVE ACTION (Article 5 Directive 2000/43, Article 7 Directive 2000/78)

a)Scope for positive action measures

In Italy, positive action is permitted in national law in respect of racial or ethnic origin,

according to Article 5 ofLegislative Decree 215/2003. Moreover, according to Article

7(2)(c) of the same Decree, the tasks of UNAR, the equality body, include promoting the

adoption of positive actions by private parties.

Relevant provisions related to disability, in particular those concerning employment, have

come into force under Law 68/1999, which was most recently amended in 2015.78

It is in any event possible to argue that the adoption of positive actions is in principle

legitimate under the Italian Constitution in the light of the principle of substantive equality

in Article 3(2).

Race and ethnic origin, disability, national origin and sexual orientation

Specific projects have been funded by UNAR and labelled as positive actions. In particular,

special events are promoted during Anti-Racism Week. However, these activities appear

to be aimed more at raising awareness than at the implementation of positive actions. The

same applies to projects which are funded by UNAR to promote a culture of diversity in the

workplace. No measure of positive action exists at the national level in relation to the

Roma. Specific measures that are aimed at enhancing the integration of Roma groups are

promoted generally through the funding of projects of limited duration. Despite the positive

results of some of these projects, they still appear to be very marginal in the context of

the overall picture of segregation and racism perpetrated against the Roma population.

Moreover, they are addressed to ‘nomad groups’ or people living in the camps, without

taking into account the specific characteristics of Roma, Sinti and Traveller minorities who

do not live in a camp or who are sedentary.79 An Italian national strategy was adopted on

28 February 2012, implementing European Commission Communication COM(2011)173.80

Unfortunately, the strategy has not brought about any relevant results, in particular in

housing. One of the reasons for this is the absence of activity promoted by UNAR, which

had been identified as the national focal point. This may be due to the more general

inability of UNAR to translate principles into concrete actions. The strategy covers four

pillars: housing, healthcare, education and employment. However, the national strategy

provides incentives and promotes coordination without setting binding targets to be met

by the regions. At national level, the Government could promote a law setting a minimum

level of services, including housing, to be provided, but no such law is on the agenda of

any political party.

Disability

In relation to the grounds covered by the directives, positive action applies in practice,

strictly speaking, only to people with disabilities on the basis of a complex set of rules

contained in Law 68/1999. It should be noted that the aim of this Law is to amend and

78 Law of 12 March 1999, on provisions on the right to work of persons with disability (Norme per il diritto al

lavoro dei disabili), No. 69, available at: http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:1999-

03-12;68!vig. Amended by Legislative Decree of 14 September 2015, on simplification of procedures and

duties upon citizens and companies (Disposizioni di razionalizzazione e semplificazione delle procedure e

degli adempimenti a carico di cittadini e imprese e altre disposizioni in materia di rapporto di lavoro e pari

opportunità, in attuazione della legge 10 dicembre 2014, n. 183), No. 151, available at:

http://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2015-09-14;151!vig.

79 See, for instance, the inquiry undertaken by the Italian Senate on the situation of Roma, Sinti and

Travellers. The final report stresses the lack of reliable data to enable a better understanding of the

situation of the groups considered and the need to provide better data collection and analysis tools.

80 UNAR, National Strategy for the inclusion of Roma, Sinti and Travellers 2012-2020 (Strategia nazionale

d’inclusione dei Rom, dei Sinti, e dei Caminanti 2012/2020), available at:

http://www.unar.it/unar/portal/?p=1923.