The principle of non-discrimination is contained in numerous internal regulatory sources

With regard to internal regulations, a reference, even if indirect, to non-discrimination is found in the Constitution art. 3 which postulates the principle of equality in the formal sense (paragraph 1) and substantial (paragraph 2).

For the rest, the definition of a true principle of non-discrimination is contained in numerous internal regulatory sources shown below.

  • Law of 13 October 1975, n. 654, Ratification and execution of the international convention about elimination of all forms of racial discrimination, opened for signature in New York on 7 March 1966.
  • Law of 25 June 1993, n. 205, “Conversion into law, with modifications, of the decree-law 26 April 1993, n. 122, containing urgent measures on racial, ethnic and religious discrimination ”

The law of conversion of the decree law n. 122/1993 sanctions and condemns actions and slogans linked to Nazi-Fascist ideology and whose purpose is to incite violence and discrimination on racial, ethnic, religious or national grounds. In particular, the art. 1, which modifies the art. 3 of the law n. 654/1975, regards discrimination, hatred or violence for racial, ethnic, national or religious reasons. Leg. July 9, 2003, n. 215 – Implementation of Directive 2000/43 / EC for the equal treatment of persons irrespective of race and ethnic origin

  • Leg. July 9, 2003, n. 215 – Implementation of Directive 2000/43 / EC for the equal treatment of people regardless race and ethnic origin

Legislative decree n.215 / 2003 implements the directive 2000/43 / CE for the equality of treatment between people regardless of race and ethnic origin. The object of the decree, provided for by art. 1, is to implement the provisions on equal treatment between persons “irrespective of race and ethnic origin, providing the necessary measures to ensure that differences in racial or ethnic origin are not a cause of discrimination, also from the perspective that take into account the different impact that the same forms of discrimination may have on women and men, as well as the existence of forms of racism of a cultural and religious nature “.

  • Leg. July 9, 2003, n. 216 – Implementation of Directive 2000/78 / EC for equal treatment in the field of employment and working conditions

Legislative Decree no. 216 of 2003, implementing Directive 2000/78 / EC, establishes equal treatment in the field of employment and working conditions, both in the public and private sectors, regardless of disability, religion, personal beliefs, from age or sexual orientation. The legislative decree distinguishes the cases attributable to direct and indirect discrimination. Furthermore, it introduces indirectly the definition of the c.d. mobbing or the implementation of harassment or unwanted behavior with the purpose and effect of violating personal dignity by creating an intimidating, hostile, degrading, humiliating or offensive situation.

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