On December 20, 2024, Michael O’Flaherty, the Commissioner for Human Rights of the Council of Europe, sent a letter to the President of Italy’s Senate, urging members to reconsider and amend Bill 1236, a proposed legislation concerning public security. The Commissioner expressed grave concerns that, in its current form, the bill could violate fundamental human rights protected by the European Convention on Human Rights, particularly the rights to freedom of expression and peaceful assembly.
The bill, which aims to address disruptions during public protests and assemblies, introduces a range of new criminal offences. These include acts such as obstructing traffic by using one’s body and engaging in passive resistance in prisons or detention centers. O’Flaherty warned that the vague wording of the bill could lead to arbitrary and disproportionate enforcement, undermining democratic freedoms and conflicting with established human rights standards.
The Commissioner pointed out that while member states do have some latitude to regulate public assemblies and impose sanctions for intentional disruptions, the European Court of Human Rights has consistently held that such measures must not be excessive or arbitrary. According to O’Flaherty, the bill, as currently drafted, could enable the criminalisation of peaceful protest activities, potentially stifling legitimate expressions of dissent.
The human rights implications of the bill have sparked concern among activists and legal experts, who argue that its provisions could undermine Italy’s obligations under international law to protect fundamental freedoms. If passed without amendment, Bill 1236 could have significant consequences for the exercise of civil liberties in Italy, raising questions about the balance between national security and individual rights.
O’Flaherty’s intervention highlights the importance of ensuring that national security measures do not erode the democratic rights enshrined in European human rights law. The Council of Europe, an international organization dedicated to promoting human rights across its 46 member states, continues to monitor the bill’s progress, urging Italy to align its security legislation with the highest human rights standards.
For further information, the Council of Europe’s website offers detailed guidance on the intersection of public security and human rights law, and the European Court of Human Rights’ case law remains a critical reference point in such legislative debates.
