Italy

I. Guidelines and general principles

“The second Italian NAP-BHR intends to strengthen the application of the UNGPs through a series of complementary measures, referring in particular to the following guidelines:

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– the commitment to update and improve collective action in relation to multiple human rights issues from the perspective of protecting the ‘most vulnerable’ (women and girls, minors, persons with disabilities, LGBTIQ+ persons, migrants and asylum seekers, persons belonging to ethnic and religious minorities, the elderly), with the aim to empower their role and involvement as right-holders, where individual aspects related to business activities may have a significant impact on these categories from a labour and economic point of view.” (p. 7)

II. Premises

a) Introduction

“A particular attention to BHR issues has been introduced in the Action Plan on Human Rights and Democracy 2020-2024, in the perspective of a wider process for the elaboration of a comprehensive EU framework dedicated to the implementation of the UNGPs. In the aforementioned document, the institutions commit themselves to conducting a dialogue with businesses in order to increase the level of protection and promotion of human rights, with the aim of combating corruption and introducing good practices in the area of corporate social responsibility, Due Diligence, accountability and access to remedy, and to fostering contacts and exchanges between businesses and civil society also in the area of women’s empowerment, sustainable development and decent work.” (p. 9)

c) National Priorities

“5. Strengthening of measures to prevent and combat all forms of exploitation in the labour sector, both public and private, infering vulnerable groups as victims, with particular reference to women, minors, persons with disabilities and LBTIQ+ people” (p. 11)

IV. Italian ongoing activities and future commitments

International development cooperation

“Finally, for a targeted sectoral intervention concerning vulnerable categories, it is important to enhance wider knowledge in the business world about some guidelines adopted in this field: the Guidelines on Childhood and Adolescence, recently revised, the Cooperation Guidelines on Gender Equality and the Empowerment of Women, Girls and Children (2020-2024) and the Guidelines on Disability and Social Inclusion in Cooperation Interventions (2018); the latter one has established relevant targets: increasing the awareness of companies to improve the employment of persons with disabilities; fostering employment through training activities using new information technologies” (p. 25)

Gender dimension

The so-called glass ceiling, i.e. the set of barriers that women meet in their career to reach top positions, is still a widespread phenomenon. However, the representation of women in positions of power and in management bodies of a political, economic and social nature has improved significantly, especially thanks to the results in terms of female participation on boards of directors. As of today, in fact, it is higher than the European average thanks mainly to the implementation of Law No. 120/2011 (the so-called Golfo-Mosca Law). The share of women on the boards of directors of listed companies is close to 40% (38.8% in 2020), almost four times than recorded before for the implementation of the Law (11.6% in 2012). In public companies, women hold one-third of the positions (33.1% in 2020) in management and control bodies, almost doubling the number recorded in 2014 (17.5%). However, there is still a significant disparity in companies that are not subject to the law, where participation is only around 18%, compared to the most advanced countries in Europe. However, discrepancies in other top positions remain significant. The participation of women in top bodies of the public administration is more or less in line with the European average at national level, with a presence of women of about 35% in Governments and Parliaments, although it is further behind the more advanced countries such as Sweden, Finland and France, which have achieved parity. Finally, the representation of women in top management bodies of important bodies in the socio-cultural field, such as research institutes, public radio and television service companies and Olympic committees, is still very low. In 2018, an inter-institutional Observatory, aimed at monitoring the implementation of Law No. 120/2011 was established in the framework of a 5-year Memorandum of Understanding signed by the Department for Equal Opportunities of the Presidency of the Council of Ministers, CONSOB and the Italian National Bank. Acting as a supervisory body on female participation, the Department for Equal Opportunities initiated 391 administrative proceedings against companies whose composition of the Boards of Directors /of Statutory Auditors did not respect gender balance. Overall, these measures have proven to be effective tools to promote the presence of women in top positions and have shown a positive correlation between female empowerment and improved corporate performance. As such, Law No. 120/2011 was renewed in 2019 within the Budget Law 2020 towards the target of 40% percentage of women in corporate boards. Regarding gender leadership issues, the Task Force “Women for a New Renaissance”, established by the Ministry of Equal Opportunities and Family in 2020 to address the impact of Covid-19 on gender issues has produced a Final Report, based on quantitative data and qualitative scientific information on the impact of the pandemic in different sectors. Among the Task Force’s multiple proposals there are those ones targeted to:

– increase the proportion of women in all areas of employment;

– overcoming barriers to advancement in career paths, particularly in the fastest growing fields (STEM, computer science, cloud computing, data and artificial intelligence);

– countering gender stereotypes that prevent women from achieving leadership responsibilities, in order to activate new energies and opportunities for all.

The National Recovery and Resilience Plan (PNRR) also addresses gender inequalities in a cross-cutting manner. In particular, the PNRR places three cross-cutting priorities alongside the three strategic axes shared at European level (digitalization and innovation, ecological transition and social inclusion). This includes the promotion of gender equality, with the aim of investing at least € 7 billion by 2026, to be used to ensure a level playing field in the labour market, close the gender pay gap and increase the number of women in positions of responsibility, ultimately including the presence of women in the political sphere. It is necessary to underline that the PNRR is strongly related to the priorities of the National Strategy for Gender Equality 2021-2026, recently adopted by our Government and elaborated by the Department for Equal Opportunities in coherence with the European Strategy. The National Strategy presents five priorities (work, income, skills, time, power) and aims, among other things, to climb five points by 2026 in the ranking of the Gender Equality Index of the European Institute for Gender Equality (Italy is currently in 14th place, with a score of 63.5 points out of 100, 4.4 points lower than the EU average). The PNRR activities consist of a programme aimed both at encouraging women’s participation in the labour market and in career advancement and at correcting the imbalances that hinder equal opportunities from school age onwards, in line with the second principle of the European pillar of social rights. In order not to put women in the position of having to choose between motherhood and career, the Strategy envisages measures to strengthen welfare, also to allow for a more equitable distribution of commitments, related to parenthood, that are not solely economic. Furthermore the PNRR envisages a specific investment (about € 400 million) to support female entrepreneurship. This improves the current system of support, incentivizing the implementation of innovative entrepreneurial projects for companies with prevalent female participation, providing for mentoring activities, technical-managerial support, work-life balance measures, as well as targeted communication actions, particularly in schools and universities, for the creation of a favourable and emulative cultural climate for female entrepreneurship. The PNRR also provides for the introduction of a national certification system for gender equality that involves the Department for Equal Opportunities. This measure intends to accompany companies in reducing gaps in all of the most critical areas for the professional growth of women and to strengthen wage transparency by guaranteeing companies that will adopt strategies and measures aimed at promoting gender equality within their organizations, (e.g. promotion of women in decision-making positions, introduction of welfare measures for work-life balance, measures to facilitate the return/entry to work of women after maternity leave). For these reasons they should obtain a high index in the certification of gender equality, so to benefit from any tax breaks adopted by the Government. The PNRR includes specific investments in STEM skills as well. In this regard, the implementation of a programme managed by the Ministry of Education, in collaboration with the Department for Equal Opportunities, has been envisaged for the strengthening of STEM, digital skills and orientation activities for girls and young women in order to improve their job prospects and allow Italy to converge with European averages.

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Law No. 4 of 15 January 2021, ratifying and implementing the International Labour Organization Convention n. 190 on the elimination of violence and harassment in the workplace, represents an important evolution in the field of gender protection in the business context. Legislative Decree No. 81/08 and related Decree No. 106/09 had adequately covered safety issues in the workplace, but had not included the issue of harassment, which in fact is limited to occupational safety measures or to internal policies and voluntary practices of companies. In addition, to clarifying the scope of their application, measure 4/2021 provides for the adoption of an inclusive, integrated and gender-centred approach: the private sector, like the public sector, is therefore adopting concrete procedures and tools with the goal of combating violence and protecting employees through guidance and training on prevention.

With regard to gender discrimination in the workplace, territorial offices of the National Labour Inspectorate (INL), performing their supervisory activity, also carry out investigations in relation to equal opportunity regulations and the prohibition of gender discrimination in the workplace, including in terms of remuneration. On gender issues related to equality and equal opportunities, they also take into consideration the reports submitted by the Councillors and Equality Councillors as part of the institutional collaboration with the Territorial Labour Institutes, as provided for by Art. 15 of Legislative Decree No. 198/2006. In this regard, in 2018, a new memorandum of understanding was signed between the INL and the National Council of Equality: it was aimed at strengthening the collaboration between the Inspection Agency and the National Network of Councilors/Equality Directors, with particular regard to physical and economic protection of pregnant women and working mothers. As such, in 2019, inspection staff intervened in favour of 466 female workers in the tertiary sector, traditionally characterized by a higher rate of female employment as well as a higher rate of this type of violation (i.e. 81%, compared to 16% in industry, 2% in construction and 1% in agriculture). Moreover, the inspection staff is engaged in prevention activities (pursuant to Art. 8 of Legislative Decree No. 124/2004) aimed at promoting the correct application of the regulations in force in the labour market (i.e. with private companies, employers’ and trade union organizations and trade associations). With reference to the fight against discrimination in the field of equal opportunities and the phenomenon of the so-called “blank resignation”, the role of protection and monitoring carried out by INL in relation to resignations and consensual terminations of working mothers and working fathers with children up to 3 years of age should also be recalled. In fact, the Territorial Offices manage (pursuant to Art. 55, paragraph 4, of Legislative Decree No. 151/2001) the validation procedure of resignations and consensual terminations of workers during the first 3 years of their children’s life, in order to ensure a greater protection of these subjects through an interview aimed at verifying the genuineness of the consent to the termination of the employment relationship. Data concerning these measures are monitored annually, through the use of a special ministerial computer application used by IITTLL staff to issue validations. Information that emerges from this monitoring is provided in the Annual report on the validation of resignations and consensual terminations of working mothers and working fathers, prepared by INL with the contribution of the Office of the National Councillor for Equality and available in the appropriate section of the Agency’s website.

Paragraph 9 of Art. 47 of Decree-Law No. 77 of 31 May 2021, converted into Law No. 108 of 29 July 2021, provided for the obligation to publish on the buyer’s profile, in the “Transparent Administration” section (pursuant to Art. 29 of Legislative Decree No. 50 of 18 April 2016) the reports on the personnel situation (pursuant to Art. 46 of Legislative Decree No. 198 of 11 April 2006) and gender reports on the situation of male and female staff in each of the professions and in relation to the status of recruitment, training, professional promotion, levels, changes in category or qualification, other mobility phenomena, the intervention of the Cassa integrazione guadagni (wages guarantee fund), redundancies, early retirements and retirements, and remuneration actually paid. The provision also provides for an obligation to communicate such data to the Presidency of the Council of Ministers or to the Ministers or delegated authorities for equal opportunities and the family and for youth policies and universal civil service (in July 2021 this provision was included by ANAC among those relevant for the purposes of updating the National Anti-Corruption Plan).” (p. 29)

Children’s and adolescent’s rights

“Italy also promotes “family friendly policies”, as national and corporate policies aimed at supporting workers in their role as parents/caregivers. On this issue, UNICEF has formulated some important indications on the best ways Governments and the private sector can build “family friendly” policies:

– encouraging employers to introduce gender-sensitive and inclusive paid leave entitlements, flexible working arrangements and childcare support systems;

– the introduction of paid parental, maternity and paternity paid leave in the early-birth period and for the first year of a child’s life; fair and gender-sensitive parental leave to ensure that no parent is overburdened by family care; leave available to all, both for fulltime employees and those working part-time or under non-standard contractual arrangements; and financial coverage linked to birth care;

– childcare services made accessible by the end of parental leave, so that there is no gap in available support;

– quality childcare services, made accessible, flexible and affordable, available to all children, regardless of family circumstances;

– alignment of childcare services with other family support policies, such as universal family allowances, to reduce the risk of existing inequalities in access to public childcare facilities.” (p. 41)

The principle of Diversity management in the business context

“In general, the issue of inclusion of vulnerable people in the workplace and the promotion of diversity management is a strategic line of action under the mandate of the National Anti-Racial Discrimination Office (UNAR).

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UNAR is also engaged in the implementation of specific actions to support sociooccupational inclusion of vulnerable persons, particularly at risk of marginality (transgender persons, RSC) under the NOP Inclusion 2014-2020, which will be reproposed also in the EU 2021-2027 programming.” (p. 41)

“Finally, with regard to the gender dimension, during 2020 an important collaboration process was launched between the National Equality Advisor and Sodalitas Foundation, which represents companies that have signed the Charter for Equal Opportunity and Equality at Work in order to define a plan to relaunch the Charter in partnership with the Ministry of Labour and Social Policies. In this context, a number of activities were launched: monitoring of the Charter’s current signatories; design of a self-assessment tool on the implementation of the principles of diversity and inclusion; design of a new dedicated website; design of a bonus mechanism that provides a score for the most committed companies. On 12 November 2020, the event entitled “Integrating diversity at work: a valuable choice. The Charter for Equal Opportunities to spread the culture of diversity in companies” was held: it highlighted the essential role of creating partnerships and networks involving companies, national institutions and the EU Commission, in order to encourage change and reduce inequalities in the labour market. On this occasion the work of the “EU Diversity Charters Platform” of the EU Commission was presented, in which Italy launched the Charter for Equal Opportunities and best practices of some companies involved.” (p. 43)

ANNEX 1 – Accountability Grid and Assessment Tools for the Implementation of the NAP

“7. Fully implement the provisions contained in the new legislation on Development Cooperation, with particular focus on the relationship between for-profit and not-for-profit actors and promote the widest knowledge among companies of the Guidelines on Childhood and Adolescence, the Cooperation Guidelines on Gender Equality and the Empowerment of Women, Girls and Children (2020-2024) and the Guidelines on Disability and Social Inclusion in Cooperation Interventions.” (p. 62)

“11. Promote in a strengthened way women’s leadership and women’s empowerment in the business sector, through an effective implementation of Law No. 120/2011, and to strengthen measures to prevent gender discrimination in the workplace – depending on the better implementation of Law No. 4 of 15 January 2021 of ratification of the International Labour Organization Convention No. 190 on the Elimination of Violence and Harassment in the Workplace. To this complex end, further actions will be promoted to:

(i) certify equality for companies through the definition of a simple, fast, streamlined and objective tool that measures the situation of staff according to different factors (recruitment, remuneration, career development), capable of stimulating change and having an impact on the entire productive and social system;

(ii) assess the gender impact (ex-ante and ex-post) in all business processes, in particular with regard to corporate restructuring processes (relevant for safeguarding gender balance in the post-Covid phase);

(iii) to promote transparency measures provided for in current legislation on compliance with gender equality rules by companies and public bodies.” (p. 62)

“12. Consolidate AGCOM’s monitoring action on gender issues within the information sector and in particular the press profession” (p. 62)

“16. Further promote an effective implementation of Legislative Decree No. 254/2016 implementing Directive (EU) 2014/95 on the disclosure of non-financial and diversity information by large companies and groups of companies, including through a benchmarking exercise carried out on a sample of companies and aimed at analyzing the effective inclusion of the human rights dimension in non-financial reports published by companies and supervised by CONSOB, including in relation to diversity and gender.” (p. 63)

“22. Encourage businesses in the dissemination of a culture of nondiscrimination by:

(i) the promotion of agreements/protocols of understanding with trade unions and employers’ organizations for common and synergic actions to prevent and combat forms of discrimination in the workplace and for the full inclusion of workers;

(ii) the collection of statistical data on discrimination in employment and diversity management practices in Italian companies;

(iii) the promotion of good inclusive practices in the workplace;

(iv) the promotion of socio-occupational inclusion of transgender people, also through information, training, accompaniment and support to self-entrepreneurship;

(v) the promotion of an action to involve Italian companies, in line with UN Standards Standards of Conduct for Business on Tackling Discrimination against LGBTI people, in order to prevent and countering discriminatory behaviors and conducts against LGBTIQ+ persons and ensuring the full enjoyment of their rights;” (p. 65)

“40. Strengthen the action of the Italian Cooperation on gender equality, including through support to the economic development of women in post-conflict situations in line with the three UN Pillars (peace and security, development and human rights) and in the context of the legislative and programmatic framework of UN Security Council Resolution 1325 “Women, Peace and Security” and Fourth National Action Plan on Women, Peace and Security adopted by Italy in 2020.” (p. 67)

“42. Preparation – by and/or in collaboration with the Inter-ministerial Committee for Human Rights – of spaces and activities for awareness raising and training on human rights and business (with particular attention to the so-called vulnerable categories (women, minors, persons with disabilities, LGBTIQ+ persons, minorities, migrants, etc.) designed as tools for support to businesses and public officials.” (p. 67)