Project

FRA NET

Data collection and research services on fundamental right issues in Italy

A framework contract, lasting four years (with annual renewal) by virtue of which Fondazione Giacomo Brodolini gained first position and became the partner, in Italy, of the Fundamental Right Agency. The contract envisages the monitoring of the human rights application and, in particular, of European directives on human rights. The Fundamental Rights Agency requires national partners to implement periodically different types of research services: an annual national update report on the status of the fundamental rights application, the provision of brief information notes related to current events, for example, to the respect of fundamental rights in media reactions to news stories: an example is given by the monitoring of the media activities in Italy in relation to the terror attack at the offices of the magazine Charlie Hebdo in Paris. Other services may be related to in-depth studies or researches on the applications of human rights within specific situations (foreign unaccompanied minors, biometric database, right to interpretation for migrants).

Assignements:

Service 16 – National intelligence authorities and surveillance in the EU: Fundamental rights safeguards and remedies (2016)

The objective of this deliverable is to collect information on fundamental rights compliance in the area of surveillance (both targeted and untargeted surveillance) as well as information on available remedies in the Member States in the context of large-scale surveillance by State actors. The data and information provided by the contractors will help the Agency to map fundamental rights safeguards and remedial procedures on surveillance issues in a comparable manner across the 28 EU Member States.

FGB, as Italian contractor, has forwarded a thematic report on recent developments in Italian legislation concerning surveillance system and measures and their implications on fundamental rights protection. Moreover, the report aims at updating FRA report concerning surveillance by intelligence services[1], following the impact of the Snowden revelations. Eventually, the report attempts to clarify the role and the interactions among Italian institutions – that is, Italian intelligence services, Italian Parliament and Government and Data Protection Authority.

 Service 17 - Migration detention of children (2016)

The purpose of this research is to collect information on immigration detention of children – both unaccompanied and children with their parents or guardian – who are deprived of liberty under the EU asylum or return acquis. It focuses on selected aspects which can be seen as indicators of immigration detention practices in EU Member States. In addition, the purpose of this research is also to update parts of the 2010 FRA publication 10, “Detention of third-country nationals in return procedures”. The activity’s purpose is to analyse and report Italian legislation concerning foreign minors’ detention thanks to both desk research and interviews with experts and NGOs.

Service 18 – Monthly data colletcion on the current migration situation in the EU (2016)

The objective of this service is to provide FRA with a monthly update of the fundamental rights situation of migrants and persons in need of international protection (including persons who have not applied for asylum) with respect to the current situation of migration in the EU. Focus is put particularly on countries at the Eastern EU external borders and countries particularly affected by a large influx of arrivals: Austria, Bulgaria, Croatia, Germany, Greece, Hungary, Italy, Slovenia and Sweden.

In this framework, FGB has developed a continuous contact with main national stakeholders involved in the migration situation management and in asylum-seekers support and assistance. Desk research constitutes a central part of the monthly report, consenting to figure out a thorough picture of the migration situation and of borders management and control in the Italian context. 

Service 19 – Mapping minimum age requirements in respect to the rights of the child in the EU (2016)

The aim of the project is to map national legislative provisions in the 28 Member States of the European Union (EU) concerning age requirements in various policy areas and domains linked to the right of the child to protection and participation. This will facilitate a comparative analysis of the different patterns concerning age requirements across the EU to identify inconsistencies, protection gaps and restrictions through the application of different age requirements for children.

FGB’s task is to produce a short thematic report concerning age requirements in Italian legislation. This work has been implemented mainly through desk research of the main legislative web Italian databases of legislation, juridical practice and Courts’ jurisprudence. 

Service 23 – The right to independent living for persons with disabilities (2016)

The aim of this project is to provide evidence-based assistance to EU institutions and Member States to support them to fulfil the right of people with disabilities to live independently and be included in the community. A key element for the realisation of the right to independent living is the transition from institutional care to community-based support for all people with disabilities, or deinstitutionalisation. As such, part of FRA’s research focuses specifically on the deinstitutionalisation process at the local level. It aims to gather comparable knowledge about what works and what does not work with regard to deinstitutionalisation for persons with disabilities. This research is based on interviews and focus groups with key stakeholders involved in deinstitutionalisation processes. The information collected will complement other data FRA has gathered on laws and policies concerning deinstitutionalisation in the EU.

As Italian contractor, FGB is responsible of conducting this research in the Italian context, through qualitative interviews with the main national stakeholders and associations representing and supporting disabled people, through the promotion of independent living measures.

Service 24 -  Rights of crime victims to have access to justice – a comparative analysis (2016)

The main objective of this project is to provide country specific information and data on the situation of crime victims’ access to justice in the EU. Using the information and evidence collected by FRANET, FRA is going to develop a comparative report on the overall situation of crime victims’ access to justice in the EU. The legal basis of this project is Article 47 of the Charter (“Right to an effective remedy and to a fair trial”) in combination with the Victims’ Rights Directive and other relevant EU law. According to Article 1 of the Victims’ Rights Directive[2] (‘Objectives’) the purpose of the directive is “to ensure that victims of crime receive appropriate information, support and protection and are able to participate in criminal proceedings.” The aim of the activity is to analyse how Italian legislator has implemented the EU legislation concerning crimes victims’ protection and which measures have actually been developed to guarantee their rights. This report is the Phase 1 of a wider project which will entail, in its phase 2, structured in-depth qualitative interviews with practitioners and victims covering the topics addressed – at the legal and organisational level – by the questions asked in the first phase. Phase 2 is going to concern only 7 selected EU member States featuring diverse legal traditions and different situations of victims.

 




[2] Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, pp. 57-73.