A/HRC/4/19/Add.4 page 8 Special Rapporteur reflects on the main issues and concerns that were reported to him by the Government and local authorities (section III) and the civil society and concerned communities (section IV) in response to these three main questions. Thereafter, he presents his assessment of the state of contemporary forms of racism, racial discrimination, xenophobia and related intolerance in Italy (section V), followed by his recommendations (section VI). III. PUBLIC AUTHORITIES: GENERAL LEGAL AND INSTITUTIONAL FRAMEWORK TO COMBAT RACISM, DISCRIMINATION AND XENOPHOBIA A. Legal strategy and policies to combat racism, xenophobia and racial discrimination 9. The Italian legal framework contains a wide range of criminal, civil and administrative law provisions to combat racism, which, in the view of the government officials with whom the Special Rapporteur met, provide the victims of racial discrimination with comprehensive legal protection. While the legal framework is generally considered adequate, some voices within the Government acknowledged the need to improve its implementation by increasing awareness among the general public and concerned groups, but among law enforcement agents, members of the judiciary and other public officials as well. 10. In the field of civil and administrative law,5 particularly relevant is Legislative Decree 215/2003 (LD 215/2003), aiming at the implementation of the principle of equal treatment of all persons irrespective of their racial or ethnic origin (art. 1). Moreover, the Italian legal system foresees civil action against discriminatory acts committed by private individuals or public administration on racial, ethnic or religious grounds (arts. 4 and 5) and on nationality grounds (article 44 of Legislative Decree 286/1998 governing immigration and the status of foreign nationals). This form of civil action aims at ending prejudicial behaviour and the effects of discrimination and grants compensation for damage suffered. Individuals and duly registered legal associations and bodies are able to initiate judicial or administrative proceedings on the grounds of individual or collective discrimination. 11. While the Italian Criminal Code as such contains no specific provision to combat racism, recently amended legislation establishes a criminal law framework (the Mancino Law as modified by Law No. 85/2006).6 Firstly, racial motivation constitutes a special aggravating circumstance, increasing the punishment by one half for all offences committed with the intention to discriminate on the basis of race, ethnicity, or national or religious background. Secondly, ex officio investigation and prosecution are foreseen for racially aggravated offences. Thirdly, the establishment of, participation in, or assistance to organizations, associations, 5 In this field Legislative Decree 216/2003 and Legislative Decree 215/2003 incorporating into domestic law European Directives 2000/78 and 2000/43, respectively, are to be mentioned. Council Directive 2000/78/EC of 27 November 2000 establishes a general framework for equal treatment in employment and occupation. Council Directive 2000/43/EC implements the principle of equal treatment of persons irrespective of racial or ethnic origin. 6 See Law No. 654/1975 as amended by the Mancino Law (Law No. 205/1993) recently modified by Law No. 85/2006.