9. Italy has many obligations under these treaties, including protecting the right to a
nationality for all, preventing and reducing statelessness, prohibiting discrimination
against minorities and stateless persons, and registering the birth of every child. For
example, Article 7 of the CRC obligates states to register every child immediately after
birth and to ensure that no child is left stateless. In this light, during Italy’s most recent
review by the Committee on the Rights of the Child, it was recommended in 2019 to
address statelessness.9 Similarly, Article 5(d)(iii) of the CERD prohibits racial and ethnic
discrimination in relation to the right to nationality. The Committee on the Elimination of
Racial Discrimination made a recommendation on statelessness among Roma, Sinti and
Camminanti in 2017, as follows:
“Ensure that the national strategy for the inclusion of Roma, Sinti and Camminanti
communities for the period 2012-2020 leads to concrete and tangible improvement of the
enjoyment of their rights by Roma, Sinti and Camminanti, including by eliminating
statelessness, and ensuring that (a) Roma, Sinti and Camminanti communities are able to
participate effectively in the development and implementation of the strategy; (b) the
impact of the strategy is monitored and evaluated regularly, based on comprehensive
data; (c) there are adequate human and financial resources to implement the strategy
effectively”;10
Consequently, these treaty bodies are relevant mechanisms in ensuring that Italy upholds
its obligations to protect the right to a nationality and protect the rights of stateless
persons under international law.
10. Further, since 1955, Italy has been party to the 1950 European Convention for
Protection of Human Rights and Fundamental Freedoms (ECHR). However, Italy is
party to the 1997 European Convention on Nationality (ECN) - though it signed
Convention in 1997 - nor to the 2006 Convention of the Council of Europe on
Avoidance of Statelessness in Relation to State Succession.
the
not
the
the
11. Under the Italian legal framework, the ratification of international treaties enactment
gives automatic legal effect at national level, even without the adoption of implementing
legislation. Therefore, all of the above international treaties are considered part of
national law. Consequently, several important international legal safeguards against
statelessness are subject to direct application in the country.
Definition of a Stateless Person in Italian Law
12. Italian national law does not provide a definition of a stateless person, but since Italy has
ratified the 1954 Convention and this has direct effect, the definition in Article 1(1) of the
Convention is applied.11
9Committee
on the Rights of the Child, Concluding observations (2019) CRC/C/ITA/CO/5-6.
on the Elimination of Racial Discrimination, Concluding observations (2017) CERD/C/ITA/CO/19-20.
11LEGGE 1 febbraio 1962, n. 306, Ratifica ed esecuzione della Convenzione relativa allo status degli apolidi, adottata a
New York il 28 settembre 1954:
10Committee
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