CAT/C/ITA/CO/4
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(c)
The Optional Protocol to the Convention on the Rights of the Child on the sale of
children, child pornography and child prostitution, on 9 May 2002;
(d)
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict, on 9 May 2002;
(e)
The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, on 22 September 2000; and
(f)

The Rome Statute of the International Criminal Court, on 26 July 1999.

4.
The Committee notes with satisfaction the ongoing efforts at the State level to reform its
legislation, policies and procedures in order to ensure better protection of human rights,
including the right not to be subjected to torture and other cruel, inhuman or degrading treatment
or punishment, in particular:
(a)
Act No. 38/2006, which amends Act No. 269/1998, entitled “Provisions against
the exploitation of child prostitution, child pornography, sexual tourism, as new forms of
“reduction into slavery” and updates the existing legislation on unlawful acts against children;
(b)

Act No. 7/2006 on the prohibition of female genital mutilation;

(c)
Act No. 74/2005, entitled “Voluntary contributions to the United Nations Fund
for Victims of Torture”;
(d)

Act No. 228/2003 on “Measures against trafficking in human beings”;

(e)
The introduction in 2002 of the crime of torture in article 185 bis of the Military
Penal Code in Time of War;
(f)

Act No. 154/2001, entitled “Measures against violence within the household”;

(g)
The entry into force of the Guidelines on the management of centres for
immigrants, issued under the Directive of the Minister of Interior on 8 January 2003;
(h)
The Directive by the Minister of the Interior which entered into force on 8 March
2007 in order to facilitate the taking into care, by the National System of Protection for Asylumseekers, of unaccompanied minors who reach the Italian borders;
(i)
The establishment of the Committee for the Protection of Foreign Minors to set
the methods and modalities for the reception and temporary protection of unaccompanied foreign
minors at the national level; and
(j)
The establishment of the National Anti-Racial Discrimination Office (UNAR)
which started its activities in September 2004.
C.

Principal subjects of concern and recommendations

Definition of torture/introduction of a crime of torture

5.
Notwithstanding the State party’s assertion that, under the Italian Criminal Code all acts
that may be described as “torture” within the meaning of article 1 of the Convention are
punishable and while noting the draft law (Senate Act No. 1216) which has been approved by the
Chamber of Deputies and is currently awaiting consideration in the Senate, the Committee

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