Council of Europe calls on Italy to establish a national human rights institution

Brussels – Italy should create a “broadly
mandated and fully independent” National Human Rights Institution (NHRI). This is the request made by the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, in a letter sent to the presidents of the Chamber of Deputies and the Senate at the end of February and made public today (4 March). In Strasbourg, the international body for the promotion of fundamental rights does not look favourably on Italy’s delays in protecting individuals, and is calling for a change of course. 

“While a number of human rights bodies exist in Italy with sectoral competencies and varying degrees of independence, Italy is one of the few remaining Council of Europe member states without an NHRI, despite repeated commitments to establish one in line with the Paris Principles of the United Nations,” according to the accompanying note to the letter delivered to Rome. There are several possible models for national human rights institutions, but, it is noted, “the new body would have to align with the relevant standards, particularly regarding its mandate, autonomy, and resources.”

“Furthermore, while existing human rights bodies have been able to take meaningful action, their legal and institutional frameworks are not always conducive to ensuring independence and effectiveness.”  Hence, Commissioner O’Flaherty’s call on the Italian Parliament and the presidents of the two chambers “to ensure that these principles are applied in respect of those bodies as well.” 

O’Flaherty writes to Lorenzo Fontana and Ignazio La Russa that Italy faces two challenges: firstly, the absence of a national human rights institution with a broad mandate and full independence “leaves many sectoral areas
uncovered by any human rights institution.” Secondly, their appointment procedures and organisational features “have not always been robust
enough to ensure their independence and effectiveness.”

The creation of an “effective, independent and well-resourced” national human rights institution, it continues, would represent “an important
progress in human rights protection.” The Council of Europe believes that this single institution would not increase monitoring and reporting capacities, but
also foster debate, improve accountability, and provide prompt expertise in areas – from the governance
of Artificial Intelligence to that of migration, from violence against women to the policing of public
assemblies – where authorities are confronted with complex choices which have significant human
rights implications.​

The appeal by the Council of Europe’s human‑rights commissioner comes the day after the publication of the organization’s annual report on press freedom, which includes criticism of the pressures journalists face, including in Italy.