Italy: Supreme Court strikes down the 'Nomad emergency' for good
|Publication Date||2 May 2013|
|Cite as||Amnesty International, Italy: Supreme Court strikes down the 'Nomad emergency' for good, 2 May 2013, available at: http://www.refworld.org/docid/5183b5ed4.html [accessed 28 September 2016]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Italy's Supreme Court today declared the so-called "Nomad emergency" unlawful and unfounded, a move Amnesty International has hailed as a key victory in the struggle to end discrimination against Roma communities around the country.
The Court's decision upheld a November 2011 ruling against the state of emergency declared by the government in May 2008, which has led to widespread human rights violations and increased discrimination against Romani people.
Roma were targeted in an unlawful census based on ethnicity and deprived of safeguards against forced evictions, which resulted in thousands being made homeless in several Italian cities. They were also increasingly segregated in camps set up by the authorities.
"The Nomad emergency ushered in an all-time low in Italy's discriminatory treatment of Roma. We are delighted that the country's highest court has finally upheld the rights of Romani people," said Jezerca Tigani, Deputy Europe and Central Asia Programme Director at Amnesty International.
In February 2012 the Italian government appealed against the November 2011 Council of State ruling, while also continuing practices which violated Roma's rights. The Supreme Court's latest decision brings this legal challenge to an end.
Amnesty International urges Italy's authorities to prioritize the respect and fulfilment of human rights for Romani communities.
"The new Italian government must act on this decision and end forced evictions, segregation in camps and exclusion from social housing," added Jezerca Tigani.
The organization also calls on the authorities to provide effective remedies for all the negative effects that followed the implementation of the "Nomad emergency".
On 21 May 2008, the Italian government used law 225/1992 to declare a state of emergency in relation to the settlements of "nomad" communities in Lombardy, Campania and Lazio and later extended it to Piedmont and Veneto.
The Council of Ministers claimed that the state of emergency was declared to address a "situation of grave social alarm, with possible repercussions for the local population in terms of public order and security". Special powers were conferred on delegated commissioners to solve the emergency, including by derogating from ordinary laws.