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Building the “recognize and change” culture

2021

The Recognize and Change project, funded by the European Union and the Italian Development Cooperation Agency, aims to promote Global Education through global youth empowerment. The project main goal is to build a culture based on the recognition of equal Fundamental Rights for all, by fighting all forms of discrimination and violence, predominantly those based on gender and cultural diversity. The book would like to document a three–and–a–half–year journey, which involved fifteen partners from nine countries and three continents, who speak seven languages, use three different alphabets, and which had to reinvent themselves following the Covid–19 crisis

Credits © CITY OF TURIN 2021 International Cooperation and Peace Office Via Corte d’Appello 16, -10122 www.comune.torino/cooperazione.internazionale [email protected] Organizational Committee ISCOS Piedmont Scientific Advisors CIRSDE (Interdisciplinary Centre for Research and Studies of Women and Gender -University of Turin) supported by the City of Turin in the coordination of the research activities (published in Chapter 3, 2.3. and Appendix n. 3). SFEP (Permanent education training school the of City of Turin) drafted the R&C Formative Model (Appendix n. 2). Edited by Maria Bottiglieri, Francesca Finelli, and Antonella Tropiano Authors Pierpaolo Alessio, Valesa Bassanganam, Maria Bottiglieri, Mia Caielli, Norma De Piccoli, Mihail Fenerov, Francesca Finelli, Marco Alessandro Giusta, Besmira Gurguri, Ileana Leardini, Cláudia Múrias, Paulino Oliveira Do Canto, Dimitris Paraskevopoulos, Irene Sancho Gustos, Emanuel Adrian Sarbu, Karbu Bibiana Suárez Foronda, Robson Torres Bandeira, Davide Tosco, Antonella Tropiano, Gianmaria Vernetti Research Supervisors Otilia Barros, Mia Caielli, Diego Carniero, Rita Félix Boavida, Stratos Georgoulas, Ali Mradabi, Suiany Moraes, Laura Murphy, Apostol Stoichev. Editing team Cooperation and Peace Office at the Municipality of Turin: Maura Favero, Cecilia Gosso Iscos: Stefania Di Campli, Cecilia Elia, Paolo Mascia, Paolo Pozzo Translations and Language review MULLER WORLDWIDE LINKS S.r.l. This publication has been produced with the support of the European Union and AICS. The contents of this publication are the sole responsibility of the authors and can in no way be taken to reflect the views of the European Union or the Italian Government. BUILDING THE “RECOGNIZE AND CHANGE” CULTURE edited by MARIA BOTTIGLIERI FRANCESCA FINELLI ANTONELLA TROPIANO Essays by PIERPAOLO ALESSIO, VALESA BASSANGANAM, MARIA BOTTIGLIERI MIA CAIELLI, NORMA DE PICCOLI, MIHAIL FENEROV, FRANCESCA FINELLI MARCO ALESSANDRO GIUSTA, BESMIRA GURGURI, ILEANA LEARDINI CLÁUDIA MÚRIAS, PAULINO OLIVEIRA DO CANTO, DIMITRIS PARASKEVOPOULOS IRENE SANCHO GUSTOS, ARGELIO GALLEGO SÁNCHEZ EMANUEL ADRIAN SARBU, KARBU BIBIANA SUÁREZ FORONDA ROBSON TORRES BANDEIRA, DAVIDE TOSCO, ANTONELLA TROPIANO GIANMARIA VERNETTI © isbn 979–12–5994–029–2 first edition roma 31 march 2021 Table of Contents 9 15 Forward Maria Bottiglieri Partner Cards Part I The R&C Approach 27 Young People and Local Policymakers: Recommendations Based on Interactions Marco Alessandro Giusta 31 Empowerment Peer Education: the Recognize and Change Experience Ileana Leardini 39 From Training to Communication: the R&C Approach Davide Tosco, Gianmaria Vernetti, Pierpaolo Alessio Part II Empowerment Peer Education in Action 51 The Red Button. Anecdotes and Stories about the E.P.E. Approach Antonella Tropiano 63 E.P.E. Focus #1. The Impact Study of the R&C Project in Dunkirk Valesa Bassanganam 69 E.P.E. Focus # 2. The Italian Research on the Young Educator Experience Antonella Tropiano 5 6 Table of Contents Part III The Research Project 91 Introduction 93 Tackling Discrimination and Violence in the R&C Territories The Experience of Fortaleza (Brazil) Robson Torres Bandeira, in collaboration with Diego Carneiro, Suiany Moraes and Otilia Barros 101 Tackling Discrimination and Violence in the R&C Territories The Experience of Burgas and Ruse (Bulgaria) Mihail Fenerov, in collaboration with Apostol Stoichev 109 Tackling Discrimination and Violence in the R&C Territories The Experience of Praia (Cape Verde) Paulino Oliveira Do Canto 117 Tackling Discrimination and Violence in the R&C Territories The Experience of Dunkirk (France) Besmira Gurguri 125 Tackling Discrimination and Violence in the R&C Territories The Experience of Ermoupolis (Greece) Dimitrios Paraskevopoulos, in collaboration with Stratos Georgoulas 133 Tackling Discrimination and Violence in the R&C Territories The Experience of Turin (Italy) Francesca Finelli 143 Tackling Discrimination and Violence in the R&C Territories The Experience of Alto Alentejo (Portugal) Cláudia Múrias 155 Tackling Discrimination and Violence in the R&C Territories The Experience of Bucharest and Baia Mare (Romania) Emanuel Adrian Sarbu Table of Contents 7 161 Tackling Discrimination and Violence in the R&C Territories The Experience of Huelva and Jaen (Spain) Argelio Gallego Sánchez, Irene Sancho Gustos, Karen Bibiana Suárez Foronda 169 The Comparative Analysis Francesca Finelli 209 Afterword Norma De Piccoli, Mia Caielli 213 Bibliography Appendices 233 1. The Campaigns, the Contests, and the “Choose and Change” Game 247 2. The “Recognize and Change” Formative Model 269 3. The “Recognize and Change” Research Project Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/97912599402921 pp. 9-13 (March 2021) Forward Maria Bottiglieri* Recognize and Change is a global education project co–financed by the European Union within the framework of the DEAR program and by AICS (the Italian Development Cooperation Agency) according to the Call for Territorial Entities1. The Recognize and Change project aims to promote a culture based on the plurality of identities and their mutual recognition by fighting all forms of discrimination and violence, predominantly those based on gender and cultural diversity. The project, which is targeted at the citizens of the participating countries — in particular young people — includes: 1. school initiatives implemented through mutual learning activities and peer education on three main themes (one initiative per year): a. relationships: personal and social identity; b. diversity and discrimination: being equal and different; c. violence: action and reaction. 2. awareness–raising campaigns implemented through events, contests and a multimedia platform; 3. the promotion or institution of local public policies and activities (local and international workshops, and meetings with policymakers which interact with youth associations). Project partners are the Municipality of Fortaleza (Brazil), Caritas Ruse (Bulgaria), the Delphi Association for Strategic Management (Bulgaria), the Municipality of Praia (Cape Verde), the Municipality of Dunkerque (France), Vardakeios School for Indigent Children — Ermoupoli (Greece), Project Manager of R&C, Head–Office of Youth policies, International cooperation and Peace Department of the City of Turin, Lawyer, specialized in Public Law and Right to adequate Food, Ph.D. in “Local self–government, Public services and Citizenship rights”, University of Eastern Piedmont. 1. European Commission – DG EuropeAid (call 151103 / DH / ACT / Multi – Lot 4) and AICS – Call for Grants for Initiatives Presented by Territorial Entities – Year 2017 (Line B). * 9 10 Maria Bottiglieri the City of Collegno (Italy), the City of Turin (Italy), ISCOS Piemonte (Italy), the Intermunicipal Community of Alto Alentejo — CIMAA (Portugal), the Directorate of Social Assistance of Baia Mare Municipality (Romania), the General Directorate of Social Welfare of Bucharest Municipality (Romania), Caritas Bucharest (Romania), the Provincial Council of Huelva (Spain), and the Provincial Council of Jaén (Spain). Project beneficiaries are students, young people, schools, parents, youth associations, researchers, and local administrators2. R&C partners promote a Global Education project through Global Youth Work action3. The aim is to protect and fulfil fundamental rights for all, in particular young people, women, LGBTQ+ people and the migrant community. The R&C project would also like to contribute to: — the Global Agenda for Sustainable Development 2030, especially Goal number 4 which commits the international community to “providing quality, fair and inclusive education, and learning opportunities for all”4; — the Council of Europe’s perspective on Global Education, according to which “Global Education is education that opens people’s eyes and minds to the realities of the globalized world and awakens them to bring about a world of greater justice, equity and human rights for all”5; — the European Union’s objectives of Development Education, especially those pursued through the DEAR program (Development Education and Awareness Raising Program).6 According to Europaid, 2. For more information, see the official website on www.recognizeandchange.eu. Also see the video–promos (https://recognizeandchange.eu/PromoRCShort.mp4); the videos made by young people involved in the 2019 video contest (https://videowall.recognizeandchange.eu/contest/); and the game Choose and Change (https://game.recandchange.eu/). 3. M. Sallah, Global youth work: A matter beyond the moral and green imperatives?, in M. Sallah & S. Cooper (eds.), Global youth work: Taking it personally, National Youth Agency, Leicester (UK) 2008, pp. 1–13. 4. General Assembly, Resolution adopted by the General Assembly on September 25th, 2015 – Transforming our world: the 2030 Agenda for Sustainable Development – A / RES / 70/ 1, October 21st, 2015 (www.un.org). 5. North–South Centre of the Council of Europe, Global education guidelines: Concepts and methodologies on global education for educators and policy makers, North–South Centre, Lisbon 2019. 6. The DEAR Program also involves local authorities, as stated in art. 14 of Regulation (EC) no. 1905/2006 of the European parliament and of the Council of December 18th, 2006 and estab- Forward 11 “Development Education and Awareness Raising (DEAR) aims to inform EU citizens about development issues, mobilize greater public support for action against poverty, give citizens tools to engage critically with global development issues, and to foster new ideas and change attitudes “7; — addressing national goals of Global Education. According to Italian law, which calls Global Education Educazione alla Cittadinanza Globale (ECG), ECG entails a specific set of international cooperation policies and — alongside Development Cooperation and Humanitarian Aid — it is one of Italy’s key foreign policy objectives8. Recognize and Change (R&C) encompasses a host of project activities, several scientific disciplines, and an interdisciplinary approach involving multiple players (young educators, schools, associations, communications experts, university scholars, and local Policy makers). The ultimate goal is to contribute to the promotion of societies which are either aware of and resilient to different kinds of gender and migration–based discrimination and violence and which, consequently, are more engaged in tackling these phenomena. This publication aims to document and illustrate a three–and–a–half–year journey, which involved nine countries from three continents, fifteen partners who speak seven languages and use three different alphabets, and which has had to reinvent itself following the introduction of Covid–19 emergency prevention measures9. Through a host of actions, a range of different languages and a participatory approach, R&C has strived to promote global education paths — understood as “a training process that encourages people to be committed to change in social, cultural, political and economic structures which lishes a financing tool for development cooperation. See the Text of Regulation (EC) 1905/2006 of the European Parliament and of the Council of December 18th on https://eur-lex.europa.eu/ legal-content/EN/ALL/?uri=CELEX:32006R1905. 7. For more about the DEAR program, see https://ec.europa.eu/europeaid/node/655_fr. 8. See Art. 1 (4) Law no. 124/2015: “Italy promotes education, awareness and participation of all citizens in international solidarity, cooperation and sustainable development”. 9. For an early contribution to the significance of the R&C project in the European landscape, see: M. Bottiglieri, Decentralised Cooperation and Global Education in Turin, in G. La Rocca, R. Di Maria & G. Frezza (eds.), Media, Migrants and Human Rights. In the Evolution of the European Scenario of Refugees’ and Asylum Seekers’ Instances, Peter Lang, Berlin 2020, pp. 187–202. 12 Maria Bottiglieri has an influence on their lives”10 — with the aim of contributing to the construction of societies that are more aware of the various forms of discrimination and violence based on gender and migration and which are consequently more committed to promoting law enforcement actions in each territory. This is a complex challenge, but it is not impossible if every partner, whether public or private, acts with intensity and responsibility in their territory and field of competence, collaborating and networking with other realities. We intend to illustrate this complexity, summarizing the main achievements of this approach. The first part of this volume focuses on: — the recommendations (Giusta et al.) resulting from a structured dialogue between young people and local policymakers, which have been shared and promoted by all project partners through an international participatory process; — Empowerment Peer Education (E.P.E.): the approach chosen by SFEP11 (Leardini) to bring the themes of the project to schools through its main ambassadors, i.e., young educators (Tropiano 1 and Tropiano 2); The E.P.E. — adopted as the basis of both training and communication — was then disseminated in each local territory according to their specificities. — the participatory communication project which saw young educators and students not as recipients but actors of the awareness process (Tosco et al.). 10. Global Education Monitoring Report Team, Global education monitoring report, 2019: Migration, displacement and education: building bridges, not walls, 2018 on https://en.unesco.org/ gem-report/. According to the Europaid view, “the Development education and awareness raising (DEAR) program aims to inform EU citizens about development issues, mobilize greater public support for action against poverty, give citizens tools to engage critically with global development issues, to foster new ideas and change attitudes”. For more information about the DEAR program, see https://ec.europa.eu/europeaid/node/655_fr. According to the European Council, the “Global education is education that opens people’s eyes and minds to the realities of the globalized world and awakens them to bring about a world of greater justice, equity and human rights for all”. For more, see: North–South Centre of the Council of Europe, Global education guidelines: Concepts and methodologies on global education for educators and policy makers, North–South Centre, Lisbon 2019. 11. S.F.E.P. Scuola formazione educazione permanente della Città di Torino (Permanent education training school the of City of Turin). Forward 13 The second part of this volume focuses on these specificities through the partners’ anecdotes and experiences (Tropiano 1) and describes two local experiences (the French and the Italian one), which are complementary to one other and validate the impact of the E.P.E. among students (Bassanganam) and Young Educators (Tropiano, 2), that is to say the two main groups of actors/beneficiaries of the project. The project initiatives — from training to communications, participation to international awareness–raising — were supported by research on legislation and policy and created a structured endo–project which allowed for the construction of a common heritage. The third part of the volume contains the results of the research coordinated by the CIRSDe12 on behalf of the City of Turin and was conducted simultaneously in all partner territories (Torres Bandeira, Fenerov, Oliveira Do Canto, Gurguri, Paraskevopoulos, Finelli, Múrias, Sarbu, Gallego Sánchez, Sancho Gustos, Bibiana Suárez Foronda) and collected by a comparative study (Finelli) in support of the project itself. The main methodological materials employed in the R&C project are included in three Appendices. The first appendix, regarding the communication issue, is created by ISCOS Communication team of Recognize and change; the second one, about educational activities, is created by the SFEP team; and the last one, on juridical–political research, is created by CIRSDe. Peer-to-peer education, bottom–up communication and juridical research are the pillars of the R&C project; they end up being different perspectives of the same fight against discrimination and violence but they can perfectly interact with one another (De Piccoli & Caielli). And it is precisely in the dialogue between different matters that the added value of the R&C approach lies. 12. CIRSDE: Centro Interdisciplinare di Ricerche e Studi delle Donne e di Genere – CIRSDe dell’Università degli studi di Torino (Turin University’s Research Center for Women and Gender Studies) – https://www.cirsde.unito.it/en/services/formation. Partner Cards 1. BRAZIL Municipality of Fortaleza Prefeitura Municipal de Fortaleza Surface (sq. Km) 313.8 Population 2.6 million Legal status Decentralized / territorial governance (PUBLIC body) Chapter IV – Municipalities – Brazilian Constitution (Art. 29–31) Address Rua São José, 01, Centro, Fortaleza – CE, 60765–165 Main activities Local administration and policies. Relevant competences for the R&C project: Human Rights and Social Development Public Policies for Women, Racial Equality, and Sexual Diversity Youth policies Culture, arts and sports Official website www.fortaleza.ce.gov.br 15 16 Partner Cards 2. BULGARIA CARITAS ruse Русенска католическа организация “Каритас” Surface (sq. Km) – Municipality of Ruse 521.89 Population – Municipality of Ruse 159,410 Legal status Non–governmental (Catholic) organization (NGO) (PRIVATE actor) Address ul. “Baykal” 10, 7005 gk Zdravets, Ruse Main activities Caritas Ruse fights poverty, exclusion, and discrimination. Integration and rehabilitation of children and youth with disabilities; Support for children at risk and their families; Accommodation, integration and rehabilitation of homeless people; Health and social care for the elderly; Support for victims of domestic violence; Response to disasters and humanitarian crises; Support for refugees and asylum seekers; Organizational and spiritual development. Official website http://caritas–ruse.bg/ Partner Cards 3. 17 BULGARIA Delphi Association for Strategic Management (Burgas) Асоциация за стратегическо управление ДЕЛФИ Surface (sq. Km) 253 Population 202,434 Legal status NGO (PRIVATE actor) Address 7, Graf Ignatiev Str., 8000, Burgas Main activities Promotion of direct democracy and dialogue between citizens and institutions; Support for local and vulnerable communities; Implementation of initiatives and projects for civic education, awareness, protection of human rights and direct participation in governance. Official website 4. http://delphi.ngobg.info/ CAPE VERDE Municipality of Praia Câmara Municipal da Praia Surface (sq. Km) 102 Population 159,050 Legal status Decentralized / territorial governance (PUBLIC body) Legal basis Art. 253 Cape Verdean Constitution Address Praça Alexandre Albuquerque, Praia Main activities Local administration and policies. Relevant competences for the R&C project: Social services Integration of immigrant communities Gender empowerment Promotion of Culture Official website http://www.cmpraia.cv/ 18 Partner Cards 5. FRANCE City of Dunkirk Ville de Dunkerque Surface (sq. Km) 43.8 Population 88,667 Legal status Decentralized / territorial governance (PUBLIC body) Legal basis Title XII – On Territorial Communities – French Constitution Address Place Charles Valentin, 59140 Dunkerque, France Main activities Local administration and policies. Relevant competences for the R&C project: Fight against discrimination (Youth) integration and employment Promotion of cultural projects and raising awareness initiatives Official website 6. https://www.ville-dunkerque.fr/ GREECE Vardakeios School of Indigent Children, Ermoupoli Βαρδάκειος Σχολή Απόρων Παίδων Ερμούπολης Surface (sq. Km) – Ermoupoli 11.2 Population 13,737 Legal status Independent association (PRIVATE actor) Address 8 Marten Nordestrom Str., Ermoupoli Main activities Language courses (for adults and foreigners) Multicultural environment Information office for immigrants European and international programs Official website http://www.vardakeios.gr/?lang=en Partner Cards 7. 19 ITALY City of Turin City of Turin Surface (sq. Km) 130 Population 870,952 Legal status Decentralized / territorial governance (PUBLIC body) Legal basis Title V – Regions, Provinces, Municipalities – Italian Constitution Address Piazza Palazzo di Città, 1, 10122 Turin TO Main activities Local administration and policies. Relevant competences for the R&C project: Fight against discrimination and social exclusion Intercultural participation Educational programs and youth policies Development of gender policies Promotion of human rights Statute of the Municipality of Turin: http://www.comu ne.torino.it/amm_com/statuto/statuto.html#art02 Official website 8. http://www.comune.torino.it ITALY ISCOS Piedmont Surface (sq. Km) – City of Turin 130 Population 870,952 Legal status NGO (PRIVATE actor) Address Via Sant’Anselmo, 11, 10125 Turin Main activities Development cooperation in the field of Citizenship Education Access to fair labour conditions Promotion of professional training Protection of human rights Official website http://www.iscospiemonte.org 20 Partner Cards 9. ITALY City of Collegno City of Collegno 10. Surface (sq. Km) 18.1 Population 49,615 Legal status Legal basis Decentralized / territorial governance (PUBLIC body) Title V – Regions, Provinces, Municipalities – Italian Constitution Address Town Hall Square 1, 10093 Collegno (TO) Main activities Local administration and policies. Relevant competences for the R&C project: Promotion of equal treatment (and opportunities) for all Educational programs and youth policies Cultures Official website https://www.comune.collegno.gov.it/home PORTUGAL Inter Municipal Community of Alto Alentejo Comunidade Intermunicipal do Alto Alentejo – CIMAA Surface (sq. Km) Alto Alentejo Region 6,080 Population 105,479 Legal status Legal basis Decentralized / territorial governance (PUBLIC body) Title VIII – Local Government – Portuguese Constitution Address Praça do Municipio, Nr. 10, 7300–110 – Portalegre, Portugal Main activities Local administration and policies. Relevant competences for the R&C project: Promotion of economic, social, and cultural development Territorial (intermunicipal) cohesion and inclusive participation in the decision–making process of public policies Statute of CIMAA: http://www.cimaa.pt/cimaa/estatutos Official website http://www.cimaa.pt/ Partner Cards 11. 21 ROMANIA Caritas Bucharest Asociația Caritas București Surface (sq. Km) – Municipality of Bucharest 228 Population 1.8 million Legal status Non–governmental (Catholic) organization (NGO) (PRIVATE actor) Address Str. Gheorghe Pripu 22–36, sector 1 Bucuresti, 014376 Main activities Combat poverty, social exclusion, and inequalities Socio–medical assistance for disadvantaged people Educational programs Official website 12. https://caritasbucuresti.org/ ROMANIA Directorate of Social Assistance Baia Mare Directia de Asistenta Sociala Baia Mare Surface (sq. Km) – Municipality of Baia Mare 233.5 Population 123,738 Legal status Decentralized / territorial governance (PUBLIC body) Address Str Gheorghe Șincai 37, Baia Mare 430311 Main activities Local administration and policies. Relevant competences for the R&C project: Social assistance and inclusion (without discrimination) Culture and Education Official website https://www.baiamare.ro/ro/ 22 Partner Cards 13. ROMANIA General Directorate of Social Welfare – Bucharest Municipality Direcția Generală de Asistență Socială in Municipiului București 14. Surface (sq. Km) – Municipality of Bucharest 228 Population 1.8 million Legal status Decentralized / territorial governance (PUBLIC body) Address Str. Constantin Mille N. 10, sector 1, Bucharest Main activities Local administration and policies. Relevant competences for the R&C project: Social policies and assistance in the field of child protection, family, elderly, people with disabilities, as well as other persons, groups, or communities in social need Combat situations of marginalization and social exclusion Promotion of human rights Official website https://www.dgas.ro/ SPAIN Provincial Council of Jaén Diputación Provincial de Jaén Surface (sq. Km) 13.484 Population 638,099 Legal status Legal basis Decentralized / territorial governance (PUBLIC body) Part VIII – Territorial Organization of the State – Spanish Constitution Address Plaza de San Francisco, 2. 23071 Jaén Main activities Local administration and policies. Relevant competences for the R&C project: Equality and social welfare Promotion of culture Official website https://www.dipujaen.es/ Partner Cards 15. 23 SPAIN Provincial Council of Huelva Diputación Provincial de Huelva Surface (sq. Km) 10.128 Population 519,932 Legal status Decentralized / territorial governance (PUBLIC body) Legal basis Part VIII – Territorial Organization of the State – Spanish Constitution Address Avda. Martín Alonso Pinzón, 9, 21003 Huelva Main activities Local administration and policies. Relevant competences for the R&C project: Social services Equality Culture (scholarships) Professional training and employment Official website http://www.diphuelva.es/ Part I THE R&C APPROACH Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/97912599402922 pp. 27-29 (March 2021) Young People and Local Policymakers: Recommendations Based on Interactions Marco Alessandro Giusta The R&C project is aimed at strengthening multicultural societies based on mutual recognition by raising awareness, educating and training young people. Activities were carried out through participatory and inclusive processes that allowed young people to express their uncertainties, doubts, and fears, and formulate requests which were collated and presented to policymakers as nine recommendations. The local decision–makers in the partner cities of the project accepted the above–mentioned recommendations and committed to promoting public policies that take them into account. Each political decision–maker plays a decisive role in allowing recommendations to be suggested, heard, and accepted, during the deliberation stages, then acknowledged and ultimately applied. An inclusive process made it possible to reach a consensus on the nine recommendations by involving young people, their parents, teachers, and members of local associations in the project partner regions, with the support of stakeholders. These recommendations were formulated on the basis of the know– how gained from workshops held in the schools which participated in the project, of the exchange of ideas during the meetings and workshops, and public events and local conferences organised with the support or participation of all the players involved. The partners committed to speaking up and speaking out in the interests of the direct or indirect target groups of this project. With these intentions in mind, a board was established; said board, which included members such as local political representatives committed to promoting R&C objectives by organising annual meetings in which they compared and exchanged findings. The board, which convened in Turin in 2017, in Jaén in 2018, and in Sinaia in 2019, shared, discussed, and approved the following recommendations on how to combat discrimination and intolerance in the countries taking part in the project: 27 28 Marco Alessandro Giusta 1. Promote Refresher Programs pertaining to discrimination aimed at the staff working in compulsory education and high schools; 2. Promote Awareness–Raising Programs pertaining to issues of discrimination amongst students, starting from kindergarten; 3. Make the fight against bullying and cyberbullying a priority, and focus on educating adults; 4. Promote the integration of young people with disabilities into the labour market at a European (EU) level; 5. Promote the participation of young people in international and European mobility projects; 6. Promote and support the introduction of voluntary educators who are trained in fighting discrimination and violence, at every level of compulsory education, from kindergarten to high school; 7. Promote awareness–raising activities pertaining to discrimination among the adult and elderly population; 8. Allocate funds and encourage collaboration between local authorities and youth associations for activities aimed at combating discrimination and violence; 9. Draw up a Memorandum which classifies types of discrimination and outlines the approaches and techniques to be adopted in the municipalities of each territory involved in the project, paying particular attention to areas with a smaller population. Public administrations, particularly local ones, are contexts in which discrimination and violence are encountered on a daily basis due to the evermore global nature of society and the constant increase in inequalities, chief among these, financial equality, for which the younger generations are paying the costs. In the long R&C journey, young people have reiterated their needs for Dignity, Recognition, Participation, and Involvement in decision–making processes; in short, they are asking for democracy and the right to be heard. While, in terms of social relations, racism and discrimination are increasingly tangible on a daily basis through concrete narratives and practices which highlight growing violations of human and collective rights, there are recognition and reparation policies in place for excluded populations in the international regulatory framework of R&C countries. These policies promote equal rights and their recognition, implementation and achievement. Young People and Local Policymakers: Recommendations Based on Interactions 29 The nine recommendations, which are the result of a bottom–up participatory process, represent a tool for political decision–makers to foster interregional and global debate and dialogue, and to guide concrete action in each region. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/97912599402923 pp. 31-37 (March 2021) Empowerment Peer Education: the Recognize and Change Experience Ileana Leardini The School of Permanent Educational Training (the Italian acronym is SFEP) has been a service provided by the Social Services Division of the City of Turin since 1968. The decision to establish a service dedicated to teaching processes in the social sphere and to strengthening the skills of all operators working in social service contexts, has been maintained over time. As a matter of fact, SFEP constitutes a formal and informal research hub of social and educational professions, whose work has proved to be necessary over the last few decades as societies have faced profound transformations connected to their growing complexity. This has highlighted the importance of carrying out a precise analysis of societal needs in order for people involved in integration processes to implement adequate educational, social and welfare methods. Therefore, SFEP’s main mission is to define and implement training policies in order to equip the socio–educational and socio–health services with the necessary tools. It aims to achieve its mission by: — designing and managing basic training activities and modernising social, health and socio–educational professional profiles which are not included in university training degrees; — designing and managing refresher courses, continuous professional development and research activities for professionals employed in the social, health and socio–educational sector and who provide citizen services; — carrying out needs analyses pertaining to social worker training in line with Piedmont’s regional laws, and monitoring the training offered in the region by other non–university training entities; — planning and managing basic training activities and activities aimed at retraining social, socio–healthcare, socio–educational professionals (i.e. providing training which is not envisaged by university programmes). 31 32 Ileana Leardini In addition to contributing to training, over the last decade, SFEP coordinated CPD and research activities for social, socio–healthcare, and socio–educational professionals active in providing services to citizens. . This approach led to the differentiation of professional profiles aimed at enhancing skills and at also promoting inter–professional and inter– institutional integration. The research carried out by the City of Turin alongside national and international partners has enabled the exchange of experiences pertaining to relevant social issues such as good practices in reception and integration services for minors, foreigners, people with disabilities and elderly people, gender discrimination, and violence against women. Thanks to its vocation to research in the social–educational field, the Recognize and Change project (R&C) — preceded by the experience of the Jcvg ( Jovens Contra Violencia de Genero) — was immediately seen as an interesting opportunity. The project is seen as a potential tool for raising awareness and training young people who are active in their communities and local associations. The Methodological Approach The “research action” methodology, which has already been adopted in previous projects, seems particularly adequate, since it uses a reflective practice which constructs and reconstructs collective experiences by analysing attributions of meaning, and prevents research from becoming fragmented. It is also particularly suitable for analysing complex contexts, zoning in on a problem, and recognizing and consolidating good practices. In order to successfully implement awareness–raising activities, training young educators is of paramount importance. The model chosen to train young educators is the Empowered Peer Education (E.P.E) because it encompasses advocacy1 and empowerment2. 1. Advocacy: a political process by which an individual or group of people aim to influence public policies and the allocation of resources within political, financial and social systems and related institutions. Advocacy can include numerous activities that a person or organization may carry out, including press campaigns, public speeches, commissioning and publishing research or surveys, and gathering favorable documentation. 2. Empowerment: understood here as the achievement of self–awareness and control over one’s choices, decisions and actions, both in the sphere of personal relationships and in that of one’s political and social life. Empowerment Peer Education: the Recognize and Change Experience 33 Compared to more traditional models of education, the E.P.E. focuses on developing the autonomy of the young people who would be involved not only in leading the awareness–raising workshops, but also designing, planning and evaluating them. The E.P.E. also features subjects such as psychology and community– building and entails a flexible and dynamic network of all people taking part in the experience. Participants and young educators develop their knowledge by exchanging and questioning the know–how they already possess; thus, eliminating the top–down learning approach. E.P.E.’s theoretical framework is: 1. Social Psychology which, by bringing together individual, society and politics, encompasses concepts such as: empowerment, self and mutual help, and social support. 2. Research and Action according to which the people involved in the project can actively participate in reading and analysing processes, choosing the problems to address, designing the research–action, elaborating the data gathered, and evaluating the results. 3. Social and Cultural activities which focus on how people relate to themselves, to others and their surrounding environment; learning from experiences by processing what it means to “have an experience” and “have experience”; and creating communicative pathways. 4. Action Learning, which identifies strategies on how to learn from the re–elaboration of the actions, favoring internalization processes and encouraging debates between participants. It is important to add that E.P.E. pays particular attention to personal, community and environmental relationships, as it sees these as the bedrocks of individual and social identity. Thanks to this approach, young people start to play an active role in addressing factors which affect their well–being, all the while developing a wide range of important skills pertaining to knowing how ‘to do’ and knowing how ‘to be’, and also knowing how ‘to become’ and know how ‘to hope’. Training Young Educators The training program was aimed at groups of Young Educators [YEs], aged between 19 and 26, who play an active role in their communities and local associations. 34 Ileana Leardini The YEs, in their own groups, were immersed in a structured experience, similar to the awareness–raising activity they would then conduct in their classes. This allowed for them to experience a process which featured research–action characteristics, that is a circular process in which learning, recognizing and redesigning are constantly occurring. Through the training, it was important to convey to the YEs that, when teaching in a classroom, they were not meant to be seen as ‘trainers’; rather, their role was to act as ‘facilitators’ enabling people to access their personal resources and encouraging them to engage in important interactions, reflections and creations in line with the aims and objectives of the R&C project. The training program wanted to raise the YEs’ awareness of the fact that, in their workshops, they would play the role of ‘co–builders’ and were responsible for creating a structured space for all participants, but that within that space they would refrain from steering the conversation and allow the content to flow freely. The YEs learned this approach during the training program by addressing these themes over the course of three years: relationships / identity, inequality / discrimination, violence. The YE course was to train YEs on how to develop and increase the involvement of high school students on these themes by fostering discussions within the class groups and sharing the results of their awareness– raising activities. The YEs learned to take on the role of process ‘facilitators’, a role which hinges heavily on the ability of the YEs to create a safe space in which all students abided to a limited number of clear, shared rules. In addition to the transversal content, which was used in all iterations of the training course, each year we focused a specific theme which was studied in depth and centred on awareness–raising activities: — 1st year: “identity and relationships” — this focused on the right / duty of being recognized and respected, and of recognizing and respecting others. The training focused on topics pertaining to creating your own identity, integrating into the world, roles and relationships, and the group and best practices. — 2nd year: “diversity and discrimination” — highlighted the similarities and differences between one’s own identity (and the wealth of resources it encompasses) and that of others, focusing on their value. Topics covered include the analysis and deconstruction of stereotypes (starting with gender, ethnic, and cultural stereotypes); Empowerment Peer Education: the Recognize and Change Experience 35 discrimination; and individual and collective responsibility in discriminatory acts. — 3rd year: “violence” — which is seen as one of the possible consequences of discrimination. The topics addressed are types of violence; perpetrators and victims; positive reactions and a culture of respect, with particular attention towards violence against women and immigrants. The training model suggested to all project partners consists of the following points (which are obviously to be tweaked taking into consideration each local context): — presenting the topic and adapting it to the local context; — applying the methodology in relation to the specific context; — integrating the basic bibliography with studies carried out in the country of origin; — organizing the scheduled program; — identifying the trainers; — implementing training through: – a residential internship – 16 hours; – training sessions – 10 hours; – meetings to share and exchange knowledge (during the workshops in the classrooms) – 6 hours; – ongoing and final evaluation – 6 hours; – potential meeting with stakeholders – 2 hours; — defining the assessment and evaluation phases, in relation to the time schedule; — monitoring and collecting documentation. The recommended methodology constituted the bare bones upon which to build and create a local training model, overseen by the MLAE (Manager of Local Awareness–Raising and Education Activities), with the support of the Training Consultant and Social Media Manager. The MLAE is essential in order to provide guidance, to foster constant dialogue and interactions between the many different stakeholders (young people and adults in their different roles and positions). The YEs’ training started with off–site group training days ; subsequently, the methodology adopted was further explored by suggesting other tools (animation and re–elaboration techniques; social media interaction techniques; short movie creation techniques). 36 Ileana Leardini The content of the training course highlighted the tools required to guide young people in creating an awareness campaign. Here are some of the tools that were used: — plenary sessions conducted in an interactive way; — collective re–elaboration and construction group work; — role plays / collaborative games / simulations; — narrations. The training of the YEs has led to identifying the tools required to encourage young participants: — to recognize preconceived or partial thought patterns; — to identify alternatives to prejudice that can be surprising, unsettling and, sometimes, even amusing. By experimenting and re–analysing the actions carried out, the YEs were able: — to learn from experience (action learning); — to develop critical–thinking; — to create creative approaches that prompt changes in mentality. The real–life experience and its shared re–elaboration have led to the creation of active interventions in middle school and high schools, which can involve and highlight the experiences of girls and boys. Awareness–Raising Activity in Schools: Workshops According to the project’s educational model, the YE is seen as a ‘facilitator’ who brings exercises and experiences to the class groups, manages their execution, and ultimately analyses the data. The format to these activities has been called a ‘workshop’, and the goal is to encourage processes of change, through discussion and awareness–raising. The workshops were conducted by the YEs in pairs (which were interchangeable) in order to facilitate collaboration and exchange amongst all parties. In line with the training they received, the YEs designed and conducted the workshops in a familiar and welcoming physical space and set a Empowerment Peer Education: the Recognize and Change Experience 37 small number of common ground rules aimed at ensuring that everyone would express their opinion on the topic. The workshops, which adhered to the principles of non–formal education, clearly differed from the everyday school context and approach. In order to carry out these sessions, collaboration with the teaching staff proved essential. They too are beneficiaries of the project and they were given suggestions on behalf of the training coordination team as to what to observe during the workshops. The presence of teachers in the classroom was necessary also in terms of responsibility, but what proved particularly fruitful was getting them to agree to take on the role of a ‘non–participating observation’. They were asked to document what they observed, and their reports were used for the redesign of the project and constituted an important contribution to the process of monitoring and evaluating the lab outcomes. To Summarise The methodological choices of the YE training project were made taking into account the awareness workshops for school students were conceived. The Empowered Education approach was chosen due to its peculiar feature: the fact that the young participants play a central role at every stage of the project, from its conception to its evaluation. The YEs did not acquired skills as ‘trainers’, but as ‘facilitators’ whose role it is to encourage students to access the resources they already possess and to foster interactions, reflections and meaningful thoughts. They oriented the aims of the R&C project towards specific objectives that they themselves helped to identify. From an operational viewpoint, the model is a circular and continuous research–action process. The framework is action learning (learning from the re–elaboration of the action). The tools that the YEs used corresponded to the content of the training itself. The YEs were not trained in a theoretical way on the content; on the contrary, they were trained in practical terms, so they themselves could reflect on the content and could help young students to formulate their own ideas on the three main topics of the project over the course of the three years. All of this allowed for the creation of an informal education experience in a formal context, where it is possible to discuss the issues of identity, discrimination and violence. Both “know–how” and “knowing how to be” are seen as essential skills required to initiate the processes of change. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/97912599402924 pp. 39-47 (March 2021) From Training to Communication: the R&C Approach Davide Tosco, Gianmaria Vernetti, Pierpaolo Alessio (Communications Team) 1. Building a Culture of Trust: Knowledge as an Act of Creation On a theoretical and methodological level, the entire project refers back to community psychology and relies on the theoretical–practical principles of action research, socio–cultural engagement, community engagement and social learning. This approach is underpinned by active involvement of all the players involved in the experience and the notion that the group itself is the key resource. From an operational standpoint, this approach espouses continuous research and action, which are improved through feedback loops. In other words, the learning occurs by repeating — and improving — actions. This theoretical–methodological approach led to the creation of a training course for Young Educators (YEs) which was essentially a co–constructed experimentation1of what the YEs would then replicate with high school students upon completion of their training program. Therefore, the starting point was the course proposal, which was shared in advance with each class group; the students experimented with techniques and approaches according to the circular structure of “knowing, recognizing and redesigning”, which is typical of action–research processes. The Recognize & Change project decided to give the YEs, who had been trained according to different methodologies and practices, the role of content creators in the sharing, communicating and awareness–raising campaigns. The activities that the YEs were asked to participate in after their training experience were: 1. Bereiter and Scardamalia (2006) define the co–construction of knowledge as an approach capable of restoring meaning to education through the coherent attempt to introduce students to the culture of knowledge creation. This approach is based on current research on the nature of expertise and how to create new knowledge. Main objective: to promote creative work with ideas. 39 40 Davide Tosco, Gianmaria Vernetti, Pierpaolo Alessio — to perform an active role in identifying, reading and analysing their own relational maps through recognition, legitimation, participation, belonging, and power of action; — to identify and promote the field and the theme of the project (which change every year), paying special attention to the singular context–dependent specifications pertaining to themes of identity, discrimination and violence; — to outline strategic guidelines which are necessary in terms of developing the project in the classes; — to activate all individual and group resources available; — to create awareness–raising content. As part of the themed–based campaigns carried out during the three years of the project, various communication methods were adopted both on online and off–line platforms. The social channels of the project played a central role, both internationally and locally. These channels consisted of the website (recandchange.eu) and the interactive game available on the site which, when used during the training activities (game/recandchange.eu ), allowed the young participants to independently make short videos and share them through their social profiles. An important non–digital component was the preparation of communication (printed) materials for offline dissemination. Thanks to the collaboration of local public bodies and local transport agencies, the official promo advertising content (recandchange.eu/promo) was distributed in highly frequented public spaces of some of the partner countries involved (these spaces include stations, public transport, and schools). This increased the visibility of the messages not only for young people, but also a broader audience, generating raise awareness opportunities among citizens and political decision–makers. Each partner contributed to disseminating awareness–raising initiatives which, depending on the country, also included press, radio and television broadcasting. These methods have proved to be much more effective in reaching a wider audience than the ongoing initiatives on the R&C social channels. The raising awareness campaigns and materials have helped to spark discussions during the classroom activities in the participating schools, helping to make young people reflect on their role in society and on the topics covered. Thanks to the support of the Social Media Managers (SMM) and the Young Educators (YEs), informal communication activities were organ- From Training to Communication: the R&C Approach 41 ised to interact with an audience that went beyond the schools participating in the project. Furthermore, within this conceptual framework, the contests which took place during the three years in which people could vote for the best videos, contributed to extending the project’s reach. The role of the SMMs and YEs is of fundamental importance in extending the visibility of the content published on the project’s social channels. The official and unofficial communication material (posters, promos and multimedia content), the three contests and the video content generated in the schools during and following the training program were also published on the project’s digital platforms and on the digital platforms of the media partners in each country. Thanks to this method, both students and YEs develop so–called agency skills2, or in order words, the self–efficacy to exercise causal power and the right to intervene on real situations that affect them. Agency, which is acquired from childhood through processes of social learning and modelling (imitation and reproduction), must be nourished through continuous experiences that allow to build one’s own social conduct. 2. Participation: When Users Define the Story Line The R&C’s main communication objective was to contrast and prevent violence and discrimination through the production and distribution of online, offline and on–air media content. In the three years that the Recognize & Change activities were designed and implemented in communication activities, contents and targeted messages that could incentivize a wider audience, but also especially young people and students involved in awareness–raising campaigns, to participate. The production and publication of original content on the project’s social media channels of the project tried to engage students in a participatory and creative way. The contests have demonstrated this potential and have 2. A. Bandura, Social Learning Theory, Prentice Hall, Englewood Cliffs (NJ) 1977; A. Bandura, Self–efficacy: theory and applications, Edizioni Erickson, Trento 2000. 42 Davide Tosco, Gianmaria Vernetti, Pierpaolo Alessio contributed to increasing the project’s reach thanks to the videos which the audience could vote for directly on the project website on (a total of 427,000 votes were cast, starting from a total of 3,000 students involved in the project and 168,000 total visits to the site). By appealing to both a heterogeneous audience and, at the same time, groups of well–defined users (adolescents and young people), the intention was to invite people, in a light–hearted and somewhat ironic way, to reflect on serious and important issues. 3. On–line, Off–line, On–Air, a Multi–Platform Engagement Strategy The communication and awareness–raising campaigns that were designed centred on the three project themes: identity, discrimination, and violence. The aim was to appeal to ‘fundamental abilities’3 at the basis of social learning theories, which essential in trying to create engaging content: a. symbolization: the ability to symbolically represent knowledge. Language is the clearest example of our cognitive ability to reflect upon abstract symbols; b. vicariousness: the ability to acquire knowledge, skills or competences by observing or modelling other people; c. prediction: the ability anticipating future events, which are extremely relevant both emotionally and motivationally, for example, the fear of what the future might hold; d. self–regulation: the ability to establish objectives and evaluating one’s actions by referring to internal performance standards; e. self–reflective thought: the ability to consciously reflecting on one’s self. Through these tools, communication products were created (mainly videos); in addition to symbolically representing the annual themes of the project, they also present the reflections of the students involved. 3. A. Bandura, C. Barbaranelli, G.V. Caprara & C. Pastorelli, Mechanisms of moral disengagement in the exercise of moral agency, «Journal of Personality and Social Psychology», 71(1996), pp. 364–374. From Training to Communication: the R&C Approach 43 In the first year, the workshops focused on the representation of the self through short video recordings that showed the specific actions of each individual in emotionally charged circumstances; in all cases, the people were to use their instinct and spontaneity. In the second year, we created a toolbox of exercises — which through few interactions and with little planning — made it possible to create many videos based on the Emotion Wheel used in theatre improvisation practice activities (http://bit.ly/recemotions); the purpose of this activity was to uncover the social discrimination that high school students have accumulated unconsciously during their upbringing. Among the informal content generated by the students, there are two contributions which exemplify the reflections that emerged during the student workshops: ‘Words of Wisdom’ and the five–second videos that were added to the Choose & Change game archive. The third year saw the creation of stories of physical and psychological violence (these were not autobiographical in nature) with de–stigmatizing processes that made the students narrators of episodes of extreme violence. The activities of the third year underwent significant changes during lockdown, due to the impossibility of continuing the workshops in person in the schools. Accordingly, the YEs changed their role from product processing facilitators to key players of the communication campaign, creating more than 50 exclusive short videos which they designed, wrote and put together. 4. Claims for Change Each year has a key message, or in other words, a short claim. In the first year, the claim was ‘BUILDING A CULTURE OF TRUST’, which was correlated to theme of the year (Identity). The message behind this claim is that, through trust, we can address all identity, discrimination and conflict issues covered in the three–year project. In the second year, the claim was ‘DISCRIMINATION DOES NOT EXIST’; the word NOT is visible on the slogan but is deleted from the text 44 Davide Tosco, Gianmaria Vernetti, Pierpaolo Alessio (i.e., ‘NOT’); the purpose of this was to get a reaction out of the reader, who would immediately feel compelled to say, “It’s not true!”, and to use this statement as a catalyst for campaign–related discussions and activities. In the third year, the issue of gender–based violence was addressed and the claim ‘ACT HUMAN’ was used. The idea behind this communication came from the need to promote the design and implementation of mini–awareness campaigns managed independently by students within the schools who would have taken part in the contest of the final year. This component was changed due to the national lockdown which coincided with the practical workshops which would have taken place in the classes. 5. Social Media. Speaking the Same Language as the Target Audience Social media represented an important communication tool for the project. A new social profile was created in order to engage with different targets, using different channels and lines of communications. In order to maximize the effectiveness of the message, both international and local / national channels were created. This was pivotal in fostering communication and proved effective in achieving the project goals. A “glocal” approach The international channels were the ‘institutional voice’ of Recognise & Change. They defined the content used as guidelines for the partners’ communications. All actions were taken in order to offer people an opportunity to gain information and awareness on the project themes in relation to their targets. This is why theme–based rubrics were created on the three social channels (Facebook, Instagram and Twitter), with the aim of offering users opportunities to reflect and share content, to read news and dig deeper into the topics. The local and national channels were conceived as tools to keep a direct line of communication with users on a daily basis. These channels also took care of adapting, translating and localising the international content From Training to Communication: the R&C Approach 45 in order to offer users an opportunity to reflect, and reflection is one of the objectives of the project. The local — global dichotomy proved to be essential in developing the Recognise & Change project, because it meant action steps forward were being made simultaneously in two contexts. Channels, targets and lines of communication There was an immediate need to activate local communication channels in order to minimize the distance between the project and its target users. Accordingly, the partners activated local social channels, in line with the guidelines and management methodologies shared by the entire working group. Recognize & Change’s social activity was based on 23 social media channels, which overall generated an average monthly reach of 50,000 users and over 120,000 views. The social strategy was based on three international social media platforms (Facebook, Instagram and Twitter) and, more specifically, 10 Facebook pages, 7 Instagram accounts and 3 Twitter handles, were managed locally. Local content allowed users to take a closer look at the project and its individual initiatives, effectively eliminating the communication barrier that is often created in such large–scale transnational projects. At the same time, reflections pertaining to the local activities which were carried out made it possible to feed the “global” content, thus creating a virtuous circle that expanded slowly but steadily over the three years of the project. The initial idea of the project was to focus all social activities exclusively on the three international channels. (i.e., Facebook, Instagram and Twitter) in order to connect with and involve the main target audience of the project: — teachers, parents, and general public via Facebook; — young and very young audiences via Instagram; — journalists, opinion leaders, and stakeholders via Twitter. 46 Davide Tosco, Gianmaria Vernetti, Pierpaolo Alessio A specific line of communication and strategic vision was defined for each social media platforms and unique theme–based rubrics were also created for each channel. With regard to the content, it can be broken down as follows: — institutional and awareness–raising content: 40%; — narrative content pertaining to activities on the ground: 30%; — user generated content (YEs and students): 30%. The contests also constituted an important awareness–raising element, so they had a lot of space dedicated to them on social media. With regard to this, national channels and individual partners (small and large) were entrusted with ‘pushing’ the views and voting on the platforms. The numbers yielded by the contest were extremely positive and broadened the reach of the project’s messages. In 2020, the lockdown greatly influenced the R&C’s social media activity. One of the most complex aspects has been adopting a coherent and cohesive line of communication, in light of the emergency situations taking hold in different ways in the different partner countries. On a strategic level, all “strong” awareness–raising content (e.g., stories of violence) were temporarily suspended to focus on positive “community” messages such as ‘we are close even if apart’ or ‘you are not alone’, and practical advice to better cope with the lockdown. Management and coordination At an operational level, the social networks were managed through: — monthly editorial plans structured under different theme–based headings. All content was designed in a way to facilitate its adaptation, translation and localization, and was made available to all national social media managers; — remote coordination meetings between the central communications team and the local social media managers (2–3 meetings per month). The dialogue and coordination between people from different communicative contexts, combined with their different cultural and professional backgrounds, represented both a challenge and an opportunity. From Training to Communication: the R&C Approach 47 How to approach social media varies significantly depending on your geographical context: depending on the country, some platforms are preferred to others, the approach to content varies, as does sensitivity to the project themes. These elements generate an opportunity for professional and cultural enrichment, but they also mean that distributing and sharing of project content takes more time. Results In numerical terms, we registered a positive response to our publications on various social channels. From this perspective, the national and international Facebook channels generated high engagement and great visibility. With regard to the “young and very young” target audience, Instagram proved to be the ideal platform for interaction and reflection. To sum up, national channels contributed to the results of the project to varying degrees; international channels took on the role of institutional voice of the project. One social media platform that requires more attention is Twitter: we need to reflect on the use of Twitter in terms of our actual ability to engage journalists, opinion leaders and stakeholders. Part II EMPOWERMENT PEER EDUCATION IN ACTION Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/97912599402925 pp. 51-61 (March 2021) The Red Button. Anecdotes and Stories about the E.P.E. Approach Antonella Tropiano Introduction The aim of this chapter of the handbook is to illustrate and summarize the 15 partners’ experiences of managing the non–formal peer education methodology. SFEP (Scuola Formazione Educazione Permanente — School of Training and Permanent Education) and ISCOS (Istituto per la Coesione Sociale — institute for Social Cohesion) thought to ask each partner to write down and share some anecdotes, stories and tips that will help us to consolidate our understanding of their groups’ multitude of experiences. The municipality of Fortaleza (Brazil) writes that their peer education “consists of teenagers or young people acting as facilitators of actions whose intention is to reach an audience of which they are a part”. Subjects who are within the same age group have and use a similar language and can achieve the proposed objectives more successfully. The definition of young educator selection criteria was established at the beginning of the project for all the partners; however, they were encouraged to tailor said criteria based on their own territory and youth population. Non–negotiable criteria included: willingness to conduct voluntary and social activities in youth associations active in the territory; specific interest in the theme; relation skills; and language skills. The Delphi association (Burgas – Bulgaria) states that “what was important in order to determine the profile of the YEs was the activity of the candidates and their ability to encourage thinking and create trust, when adopting the ‘peers teach peers’ method”. In this perspective, all members are seen as equal and all knowledge is valid: “[what is important] is the possibility of being heard without having a person in the position of leader; rather than ‘teachers’ the people managing the interactions and exchanges are ‘mediators’” (Fortaleza, Brazil). The more horizontal the relationship is, the greater the engagement of the 51 52 Antonella Tropiano students involved is. Paraphrasing the words of the Caritas of Ruse (Bulgaria), the methodology works only if the YEs present themselves as individuals, get to know one other, and create trust and motivation to achieve a common goal. Young Educators enter relationships that are useful for “getting to know one other and feel how they would partner with another person in a team to work on the overall goals of the project” (Ruse, Bulgaria). Presenting Violence, Discrimination and Identity in a practical emotional experience, give both the YEs and students the opportunity to recognize them as part of their own social system. This creates critical thinking, the ability to formulate a thesis, and it enriches the perceptions of the roles of everyone involved in the process of violence and discrimination. “The dynamic process of training gives young educators the opportunity to actively understand and participate in the process of empathy, tolerance and acceptance. In addition, they develop the skills necessary to recognize the signs and symptoms of the roles of “aggressors”, “harassers”, “victims” and more” (Ruse, Bulgaria). How Can the Methodology Facilitate the Emergence of the Contents? Paraphrasing the guideline of the project, SFEP proposed a course–training model at the beginning of each phase. The proposal was the groundwork which allowed for the creation of local training imparted by the MLAE with the support of experienced specialists and facilitators. The application of non–formal learning methods, such as lectures, multimedia presentations, working in small groups, games, simulations and case studies and lectures were reported by many partners. “After the training, the YEs participated in team meetings (workshop) where they were met with a consultant to discuss training methodology […] the methodologist introduced them to a variety of game methods for the acquaintanceship, icebreaking, concentration, visual presentation of the project and discussion of the annual topic, as well as for assessing the impact and change in the environment» (Delphi Association – Burgas, Bulgaria). Most of those activities were applied to the classroom after training. The training in general helped the YEs to promote thinking and create intergroup trust. Let’s see the way the Delphi Association used to present discrimination (Burgas, Bulgaria): The Red Button. Anecdotes and Stories about the E.P.E. Approach Story #1 During a workshop at school the young educators (YE) present the topic of discrimination. Various ways in which a person can be put at a disadvantage or be harassed are listed: these include nationality, religion, faith, age, gender, sexual orientation, and ethnicity. One of the students reacts violently: “– Hmm, Roma people, I hate Roma people. They are lazy and have a bad personality; moreover, all they do is steal”. Then one of the young educators (YE) says: “– You know me quite well, and you know that I’ve reacted the same way before. If six months ago, somebody had told me that a Roma person would be my best friend now, I would probably have sworn at him. The things we hear about others without knowing them personally are a form of prejudice. Right now, my best friend is of Roma origin and that doesn’t worry me at all. We cannot judge a book by its cover. We need to see the content. At this point, the student reflects on what he said minutes ago and says: “– In reality I don’t have anything against Roma people. I even have classmates who are Roma with whom I frequently talk. These thoughts aren’t mine, they are my parents’, for which I’m sorry”. … and a personal experience reported from a student: Story #2 My first day in the project “Recognize & Change” started just like a normal day. I overslept, as per usual and was almost late for the bus. Well, the important part is “almost”, since I managed to join the other 14 people gathered at the bus stop. Most of them only seemed to be interested in talking with their friends, so I did not have the courage to engage in conversation with anybody. I confess, I am very introverted and, well, that’s why I spent the next 40 minutes on the bus reading something on my phone. When I arrived at the venue, I was not feeling a tad bit comfortable. This was my first time participating in non–formal training without any of my acquaintances. I usually don’t engage in ice–breaking games so, after we finished with that segment, I think I knew even less about the people around me. I would say that this was one of the factors that led to pay less attention to the topic that the trainer was introducing. The surrounding environment did not help me much. Some of the other participants did not seem to be very interested either and, well, I could not say that they were disrupting the atmosphere, but they were further discouraging me. A few minutes passed, maybe half an hour. I only did the bare minimum. I only talked if I was personally asked a question while pretending to take notes, while scribbling something in my notebook. That 53 54 Antonella Tropiano is probably why I missed half a segment and my brain started working again when I heard one of the girls talking, or it was rather I noticed her passionate expressions and use of words. She was telling us about her personal experiences, about the bullying and discrimination you thought you only saw in movies. I don’t know how she found the courage to share her story in front of people she had just met but she for sure got the attention of people who did not seem as interested in the beginning. She told us her story of being a transfer student (for the purpose of the story, we have called her Ava); new school, new town, new neighbourhood. Everything was different but somewhat normal for a person in this situation, until… after a few days, Ava’s class had a new transfer student (for the purpose of the story named Rea). She was gorgeous, looked older than she really was, actively trained in ballroom dancing and probably participated in other after–school activities. All the other students were immediately drawn to her. Although Ava was practicing fencing at the time at a prestigious school, that seemed irrelevant when compared to Rea’s achievements. Soon after, every time Ava dared to peek at Rea and her friends, they were always in constant laughter pointing in her direction. Firstly, Ava though it was just a coincidence, but it happened again and again. Ava’s lack of reaction provoked Rea even more. Rea started playing “harmless” pranks on her on a daily basis: pouring liquids into her bag, putting gum in her hair, and throwing eggs at her are just some of the things that Rea’s friends came up with. In the beginning, it was all about shaming but, as things progressed, Ava started to be physically hurt. So, she started pretending to be sick, waiting outside the school away from Rea’s friends, and waited for her classes to end and everyone to leave before she would go home. At a certain point in time, Rea had all the class under her influence; she threatened anybody who dared to speak up to teachers, telling them that they would receive the same treatment as Ava if they did so. Ava could not tell her mother out of fear of the consequences and her homeroom teacher’s response was that Rea is a model student and he can’t simply punish or investigate something based on Ava’s words since nobody has spoken about any problems. Ava began being absent from school more than she was present and the principal was forced to schedule a meeting between Ava’s mother, her homeroom teacher and himself. Ava did not know what happened during that meeting; this is all her mother said to her: “You are lucky because you have good grades, and you are good at fencing”. Rea’s behaviour towards Ava continued for another year until Rea and Ava were put in different classes. Without Rea there and with many new faces, Ava was finally defended by somebody and the bullying slowly diminished. Ava dared not tell anybody about her story though, until today. The Red Button. Anecdotes and Stories about the E.P.E. Approach 55 Reading these stories may be useful in order to get the attention of young students and involve them in playing an active role in society against discrimination. The non–formal methodology may help people to believe in their thoughts, and recognize and change them without judgement. The methodology is directly related to the role of the young educators. “They are not operators, but people who make their generative presence available” (Vardakeios School of Ermoupolis – Greece): Anecdote #1 At the beginning of the program, our YE role in the class was a little bit ambiguous — for young educators and students alike. Students were talking to us quite formally and considered us to be teachers. As soon as the aims of the program were made clear to them and they understood that the purpose of our presence was not related to teaching, students felt free to discuss and even reach out to us, not only during class hours but also in their free time. It was obvious that our role was only to spark a discussion and, after a while — especially with one group of students — our role became supplementary. This specific group participated, won the first prize and decided to use the prize in order to spread R&C’s work to students on a neighbouring island. They asked us to accompany them on their trip and it was our pleasure to go with them. In Vardakeios, we organized a small presentation before our trip. The students were those who wanted to do and eventually did the presentation on their own and the YEs were there only to guide them as far as the sequencing and timing of the presentation were concerned. In this presentation that the students did, it was clear that they had entirely understood the goal of our effort. Our cooperation was something memorable and the work we all did together was remarkable. This experience took place three years ago, but still today we keep in touch with these students. We meet regularly and during our meetings and discussions we expand on many of the topics that had concerned us from our very first meeting. Should We Make a Change or Not? Should We Address Them as YEs? The previous stories may lead people to undervalue the YEs’ role in making a change. The methodology’s tools — that is the concrete use of stories, images, role play etc. — are only a part of the process of changing. As we said in the introduction, the YEs (selected according to their personalities and unique traits) play a big part on inner change. When the partners speak of being able to ‘foster trust’, they are talking about the 56 Antonella Tropiano power of a peer–to–peer connection that they nurture and introduce into the education of the young students. It’s not easy to be a YE without prejudice and the claim to changing others according to one’s own vision of the world. The YEs of Turin and Collegno (Italy) have been interviewed about their personal experience, and they reported making a conscious effort to distance themselves from their own opinions and purely focus on observing the process of exchange in the classroom instead. A fitting anecdote follows: Anecdote #2 – Making a change? Classroom with fifteen (15) boys and a (1) girl. Nobody looks particularly interested. At one point, there is a question about the role of the woman in modern society. The boys try to give standard “correct” answers (i.e., “same as the man’s role”, “equal”), so that they can get out of digging deeper. The girl, who has barely spoken at all, says “she has to be a good housewife, do the housework and be obedient and faithful to her husband”. We are quite shocked to hear that, especially coming from the single girl in the class, but had to accept the view nonetheless so as not to single her out or make her feel side–lined. We were basically waiting from the rest of the class to speak on that. Surprisingly, the rest of the class barely spoke, just accepting the different opinion, no matter how conservative it sounded. This experience gave us great food for thought. Even now, we don’t know if we should have pushed the discussion further, even at the risk of making the student (the only female) feel side–lined. Vardakeios, Greece Even though some opinions do not reflect the YEs’ opinion, the YEs decided to not participate in a process of aggression. They just decided to use tolerance and silence, and this is only one of the possible non– violent answers to discrimination and prejudice. Reading the Anecdote #2 may provoke both anger and disappointment in the reader, or comprehension and agreement. The approach of feeling and expressing only one’s own emotions is not the request moved to the YEs: they must explore and feel the experience of different people. This is one of the most difficult relational skills to acquire and use: empathy. The three years of training and exercises in the classroom helped the YEs and scholars to develop empathy and understand how important the personal commitment can be: The Red Button. Anecdotes and Stories about the E.P.E. Approach 57 Anecdotes #3 – Personal commitment The first workshop of the second year of the project coincided with our first experience as young educators in a class of high school students. We noticed that a student is extremely withdrawn from her classmates. We realized that they were discriminating against her because she came from a rural area. However, the detachment of the girl created a closer connection between her and the teachers, and for this reason her classmates were very envious, considering that the teachers favoured her; so, they ganged up to exclude the girl from the class group. Noticing this situation, we decided to spend an hour on discussions and debates, trying to help reduce this conflict, which prevented the smooth running of activities with them. Each student had the right to express his/her opinion, but the situation soon escalated. Seeing the agitation in the classroom, we changed our approach and began to tell them experiences from our lives. We also talked to them about what it would be like to put ourselves in the other person’s shoes before we judge them. By openly discussing the concrete situation in their class and the strong emotions felt around this topic, we were able to get to the point where we helped them realize that the existing situation was not favourable for anyone and that it is important to find a balance. Thus, at the end of the discussion, each student made a personal commitment to help reduce the conflict: the girl’s classmates promised to try to include her in the class group, and the girl said she would try to be more sociable and friendly. “We all know that there is a big difference between making a promise and having good intentions, and actually changing one’s opinion, attitude or behaviour: this requires a conscious and sustained effort. Changes does not happen overnight. But the first step is awareness and the desire to make a change”. In our case, we felt that, with each hour spent with the students, with each discussion, game and exercise in which we involved them, we placed another stepping stone on the road to change. This is because, as young educators, we have made a personal commitment: to not judge, to be present, to be ourselves, to be open to new learning experiences, to support the activities for which we have prepared and also to have the courage to talk about difficult or uncomfortable topics. And the personal satisfaction and the confirmation that we did something good materialized at the beginning of the activities of the 3rd year of the project, when we saw that the students had transformed into a “new” class, which was much more united and open to exploring new things. By Paula Căprar and Cristi Codrea, young educators from Baia Mare “We all know that there is a big difference between making a promise and having good intentions, and actually changing one’s opinion, attitude 58 Antonella Tropiano or behaviour: this requires a conscious and sustained effort. Changes does not happen overnight. But the first step is awareness and the desire to make a change for the better” (Anecdote #3). This anecdote begs the question: what is it that can develop the ability to recognize and change? Maybe personal change is capable of guiding this process? These can remain open questions, but YEs have undoubtedly been directly involved in personal change: Anecdote #4 – Feelings To better understand what the empowerment process has involved through peer–to–peer methodology and how one’s own work in the group and in the classroom triggers a process of personal change, we have made an assessment “from the heart”, where they were able to express their emotions and aspirations regarding their participation in the project in an experiential and creative way. We noted them down word for word: — — — — — — — — — “I take the unity and empathy of this group. The new knowledge acquired, greater maturity as a person, greater courage and a new way of thinking” “I want to listen to myself more and learn” “I feel brave and strong, free in an environment of equality and respect” “I end this course very happy and enriched, empowered and having made new friends” “In short, I learnt more about myself by ‘removing the mask’” “I want a world where there is equity, freedom, women’s empowerment, effort and empathy” “Move: if I move, everything moves” “Equality is to make visible, respect, study, understand and transform” “I would never have imagined that I would learn so much. It has served me professionally and, of course, also personally” Jaén and Huelva – Spain Are There any Essential Tips for Raising Awareness in the Young Target Group? We must consider that the target group is made up of both YEs and scholars. Starting from this awareness, we can link this question to the previous ones. The main aim of the R&C project is to “increase the awareness of The Red Button. Anecdotes and Stories about the E.P.E. Approach 59 youths between 11 and 30 years of age on forms of violence and discrimination in European and extra–European territories and encourage their engagement in spreading an inclusive non–discriminating culture, using mutual learning and peer education” (R&C project). Therefore, the main goal of the project clearly indicates that the YEs are encompassed in the target group, too. The training is necessary to promote change amongst the YEs before they work as YEs in the schools. This is why they tried out the classroom activities during the training workshops. They are called to feel discrimination and violence and question the concept of identity through their body and emotions. “Start from the answers, not from the questions”; this is the strategy which is mainly used in Bucharest. “When an action is carried out, we wonder what steps to take next. But how often do we think about why someone chooses to perform that action? Why, for example, a classmate chooses to offend us, hit us or laugh at us? It is important to understand that the student who adopts such destructive behaviour is usually crying for help”. This is an example of covert suffering on behalf of the perpetrator and we need to learn how to empathise with it. How do we connect with young people? Is there a universal recipe or magic formula on how to create a link, build trust, and communicate? Some of the answers gathered (Bucharest): — building relationships; — accepting young people without trying to moralise; — not expressing your expectations from young people; — expressing empathy whenever you have the opportunity; — focusing on the here and now; — trying not to ask too many questions, and rather listen actively; — learning through collaboration and cooperation, together. “If these can be elements of a recipe, then said recipe should be used extensively at school. I guess that openness and the lack of a formal and superior attitude have less to do with age and more to do with who you are, and with being given the space to think, speak, and act freely. To this, I might add the need to communicate with someone and to be seen by an adult who accepts without any kind of judgmental thoughts”. The approach of the City of Dunkirk (France) is to continuously “plan to change the plan”. “We’ve learned to take a step back, to put situations into perspective, to keep a sense of proportion and have realize that time and workshops are not inflexible tools and that readjustments can be 60 Antonella Tropiano made to adapt to each context. […] We have tried to take the specificities of different students and situations into account […]”. They adopted a positive and open attitude to encourage students to express their opinions. “The students appreciated having a ‘space of their own’ to talk about taboo subjects, which were not usually discussed at school and which the students did not always dare to talk about with their parents”. Speaking of recipes, Italian research on the YEs’ experience (for the complete version take a look at “E.P.E. Focus # 2. The Italian Research on the Young Educator Experience” in this handbook), has led to the creation of ten tips for young educators, designed to help them feel like an active part of the system, and to feel well–supported while working and engaging with other young people. They reported their need for reference figures that can guide them while using the peer–to–peer methodology. They sometimes felt hyper–empowered, but with sufficient tools and knowledge pertaining to the three main topics of project. They asked for structure and fought for a ‘safe space’ (such as school, MLAE, training, workshop). So, while encouraging change amongst young people, we must also care about those who are promoting change. Anecdote #5 – Encouraging change – The red button Encouraging change can be viewed under many lenses. In this essay, we have decided to refer to it as “The Red Button” because it represents the real output and not the measurable one that both the students and us youth educators are aiming for. This is the next step further from “Thought Instigator”. We, as trainers must have the inner ability to visualize the situations we encounter from the outside and try to prepare in advance a set of questions that will trigger through their answers the so–called Red Button, or at least make the student realize where they stand: as bullies or bullied. The question set mentioned above is also meant to dig deeper into each and every child’s conscience. This enables them to acknowledge their own position so they can further find solutions to diminish the discomfort they created or felt, based on their role. This Red Button plays an important part in changing the person on the long term, but the measurable short–term outcomes can only be seen through the videos they create, in which they have the opportunity to show if the Button was fully understood and activated. On the other hand, our neutrality must be shaken and we must switch sides depending on the discussions we are having, providing a more heart–warming and positive perspective in tense and emotional situations. Therefore, the main goal of the whole project is a broader one, which takes into consideration the wide range of emotions that one can experience at specific The Red Button. Anecdotes and Stories about the E.P.E. Approach 61 times during our sessions; this range is particularly visible when students play an active part in role–playing situations, take their own stand, and agree or disagree with the values they are given. Perhaps one of the most delightful and the most exciting moments for us as guides, is when we see the Red Button being activated. Bucharest – Romania In Conclusion: the Voice of the YEs “An exchange of experience, perspective and energy… that’s what it’s all about… we all discovered new things about others, we learned to be more united, to communicate better and to have confidence in who we are… we learned to look forward with optimism and to realize that the beauty of a human–being lies in his or her own uniqueness. The new generation has a great potential, but is up to us — as a society, community, specialized institution, social group, family, or teacher — to capitalize on this potential and to offer young people the support they need in order to grow beautifully, to motivate them and instil confidence in them… to show them that each of us has a well–defined purpose, an important role, but that there is no pressure to excel at everything or aspire to perfection”. (By Alexandra and Andreea Sasaran, Young Educators from Baia Mare, Bucharest). Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/97912599402926 pp. 63-67 (March 2021) E.P.E. Focus #1. The Impact Study of the R&C Project in Dunkirk Valesa Bassanganam This document contains the summary of an empirical study carried out with the main subjects of the European project Recognize & Change at the end of the second year of the project. Its aim was to evaluate the effects and the impacts of the project on the target audience. To carry out this study, the following people were interviewed: — 3 young educators; — 2 groups of students (1 secondary school group and 1 high school group); — 6 representatives of the educational teams of the partner schools; — 1 teacher at the Regional Institute of Social Work (Institut régional du travail social – IRTS), the training college where the young educators study; — 1 representative of the regional educational authorities. Summary The various partners interviewed all agree that the Recognize & Change project has been a positive experience, which has contributed to behavioural changes in students regarding their way of perceiving people and their relations with others. Furthermore, the project has promoted a territorial dynamic for a number of secondary and high schools, as well as for local players working in the fight against discrimination. From the point of view of the teaching staff of the schools involved, the project is relevant, both in the choice of the themes addressed, and in the choice of the method and its implementation through peer education. As for the themes of the project, they perfectly reflect certain modules of the “Moral and Civic Education” curriculum, which is taught at all school levels, from the beginning of primary school to the end of high 63 64 Valesa Bassanganam school. The themes complemented and enriched the internal educational projects of some schools and for others, they brought something new. Some teachers stressed that schools do not leave enough room for these kinds of discussions and debates. This is why they committed to the project, in order to give their students the opportunity to reflect on subjects related to everyday life and harmonious co–existence. According to their statements, the peer education technique worked well and had a real impact on the class atmosphere. The teachers recognised that the project encouraged the rapprochement of schools in the territory of Dunkirk, enabling an exchange of skills and knowledge, but also allowing people to work on implementing common actions. For the representative of the regional educational authorities, this project constitutes a great experience that deserves to be continued, not only because the themes addressed fall within the national educational authorities’ guidelines to raise students’ awareness of citizenship and co–existence, but also because the project offers the possibility to federate schools and boost the territory. For example, this project has contributed to two schools from Dunkirk winning a prize in the 2019 academic contest “No to school bullying” (Non au harcèlement). It is the first time this has happened in five years. He also thinks that the project has a tangible impact on students, which can be seen through their investment in various projects they have set up in their schools. With regard to the students, this project allowed them to spend time with each other, to get to know one other, to talk freely and to discuss themes that they could not (or did not want to) address with their parents. They appreciated having a space where they can express their own opinions and exchange their opinions with others. This was facilitated by the fact that the young educators created an environment of trust, thus allowing students to speak freely. Thanks to the project, they have acquired a better understanding of the mechanisms of prejudice and stereotypes. The pupils observed a change in the behaviours and mentalities within their classes, but also outside, within their families for example. For some students who were victims of school bullying, discrimination or violence, the project came as a relief, because it allowed them to talk about their own experiences. Other students have become aware of the negative impact their behaviour can have on others. Several students have even decided to become ambassadors within their school, in order to encourage others to break the silence and create counselling spaces, in particular within the “Conseils E.P.E. Focus #1. The Impact Study of the R&C Project in Dunkirk 65 de vie collégienne ou lycéenne” (secondary and high school student councils for school life). For the teachers at the Regional Institute of Social Work (Institut régional du travail social – IRTS), the project is also closely–linked to the social worker course that the young educators are taking, because students on this course will frequently have to manage cases of discrimination, violence and harassment in their profession. This explains the strong commitment of the young educators, who invested a lot of their personal time in the project, thus contributing to its success. The project is innovative in its duration (three years), because it will make a real impact on students and young educators. The young educators say they are delighted to have participated in this project, despite its compulsory nature (we worked with two classes of social–worker students from the training college, so their participation in the project was compulsory, at least for the training part — students could choose to not take part in the workshops if they did not feel up to it). For some, it will remain a great experience, because they have learned things that are complementary to their social–worker training course, such as how to design educational tools, the facilitation of workshops and speaking to an audience. Some students even now describe themselves as “activists”, who are willing to get involved in various actions, to defend the themes of the project. They found that the majority of students were very motivated to take part in the project, whether during the activities or during the debates. They think the project is formative for themselves, but also for the students, in that it allows freedom of speech, discussions and debates on taboo subjects, thus encouraging open–mindedness. The young educators who had the opportunity to participate in the international exchange trips found them very enriching, both professionally and in terms of human relations and openness to others. Finally, the young educators involved are convinced that they can value the skills acquired through the project at the end of their training course when looking for a job. The various people interviewed also mentioned certain points of improvement, which could be taken into account when designing a possible continuation of the project. The young educators and their teaching staff mentioned the fairly substantial workload preparing and running the workshops, which weighed on the time spent on their traditional academic work. They suggest that, in the future, the number of classes should bear this in 66 Valesa Bassanganam mind or the number of young educators should be increased, in order to reduce this burden and this pressure. Another solution could be to work in partnership with the school social workers and the social workers employed by the municipality, who could run some workshops. A way should also be found to improve communication between schools and young educators, in order to improve the logistical organisation of the workshops. In addition, the involvement of local associations in the training and the support of young educators would allow greater flexibility and responsiveness on a daily basis. The students, for their part, regret that there have not been more inter–school exchanges, in order to discover and share each other’s projects. Students believe that the awareness–raising activities should be extended to more classes, or even to the whole school, in order to have a greater impact. This impact could also be improved by carrying out “booster shots” throughout their schooling, in order to prevent pupils from gradually falling back into their old habits. Finally, the students would also like parents to be informed/trained so that they are more aware of the themes and issues. The teaching staff stress that it would be important for the municipality of Dunkirk to continue to adopt this approach in the future, because the network created within the framework of this project is too fragile to operate independently. This is also the opinion of the representative of the regional educational authorities, who would like the project to be extended to all schools in the territory. In order to achieve this, he suggests working with local associations capable of ensuring workshops in schools, to guarantee the sustainability of the project, especially if the IRTS training college is unable to continue its involvement. He also suggests using the educational tools created and made available by the Ministry of National Education. Finally, all of those interviewed regretted that the European dimension of the project was not very present and that there were not more real or “virtual” exchanges. Conclusion The Recognize & Change project is a successful experience in raising awareness among peers in Dunkirk. All the people who were involved in the framework of this project wish to see the process continue, even E.P.E. Focus #1. The Impact Study of the R&C Project in Dunkirk 67 if it has to be done in another format, and hope that the municipality of Dunkirk will continue to run it. The National educational authorities, via the Recotrat de Lille (regional educational authority), could support the continuation of this project and the partner schools also remain on board and wish to involve other pupils in this process. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/97912599402927 pp. 69-88 (March 2021) E.P.E. Focus # 2. The Italian Research on the Young Educator Experience Antonella Tropiano Introduction The Municipality of Turin coordinated the European project “Recognize and Change” as leader for three years from 2017 to 2020. In order for the project to be activated, 24 Young Educators (YE) were involved in the process and were responsible for the activities carried out within the participating schools. SFEP, the body responsible for training the YEs, chose to adopt the methodology and tools of non–formal education. SFEP’s management team asked CIRSDE (the Interdisciplinary Centre for Research and Studies of Women and Gender) to evaluate the effectiveness of the project in achieving the objectives of raising awareness among YEs about the issues addressed during the project. The YEs were selected through a call published and advertised by associations in Turin’s local cultural entities. The age range required to participate, which was agreed upon on a European level, was 18 to 29 years of age. Considering the rapid mobility of the age group and the fact that their participation was voluntary in nature, it was decided that YEs who could not commit to the entire project would be replaced by new YEs selected by public tender. Of the 24 YEs who joined the project, 14 agreed to take part in this interview. The sample interviewed is aged between 22 and 29 years (average age = 24.31); 9 are women and 5 are men. All interviewees reside in Turin and its inner metropolitan area and have worked with educational institutions (middle and high schools) in the cities of Turin and Collegno. They got to know the project through the associations they were affiliated with and/or through the publication on the “Torino Giovani” portal of the city of Turin. Among the 14 YE interviewed, 10 were involved in the project for the whole three years; 2 only the last year; 1 only the first year; and 1 only the first two years. With regard to the 10 YEs we did not interview, over the three years of the project 4 participated only in the first and second year; 2 in the second year; and 4 in the first year. 69 70 Antonella Tropiano During the third year, due to the limitations imposed by the Covid–19 pandemic and the consequent closure of educational institutions, it was necessary to adapt part of the project into online delivery through the use of social networks, as requested by the European coordination team. We have included a question dedicated to the management of the project when the Covid–19 pandemic hit in order to identify criticalities and strengths. A decision was made to structure the interview into 6 topic areas (personal data + 9 questions), in order to investigate most of the aspects relating to the implementation of the project and its effectiveness: 1. Demographic data: Collection of personal information and definition of the period of participation in the project; 2. General evaluation of the experience; 3. Awareness and internalization of the experience (professional, personal, relational); 4. Relations with the context and with the educational figures; 5. Evaluation of the proposed methodology; 6. In–depth questions and evaluation of the changes brought about to the project due to Covid–19; The interviews were audio–recorded with prior informed consent via the WebEx platform of the University of Turin and took 40 minutes on average to record. Discussion The sub–sections of the interview, the level of detail in the answers, the session number, the survey objective and the guiding questions will be indicated in the hope of facilitating reading. The demographic data already reported in the introductory part will be omitted and the discussion will start from point number 2. 2) General evaluation of the experience: detection of the positive and negative aspects of the experience. E.P.E. Focus # 2. The Italian Research on the Young Educator Experience 71 1. I would like to ask you to identify the positive and negative aspects of the experience Based on the feedback of Young Educators pertaining to the positive aspects, it is possible to identify three macro–areas: — Training experience: […] how to put this — it is part of my personal growth and for me it was, let’s say,… a new experience … so having never done anything like this, it really introduced me to a world of peer–to–peer education that I had never been a part of. – participation in the project allowed YEs the opportunity to work on aspects of themselves related to introversion–extroversion and improve communication with the target group and colleagues; – thanks to the methods and tools adopted, the training allowed for the acquisition of relational skills that enabled the management of a class group and which fostered discussion between the parties (the YE group activities that took place before the actual meeting with the class groups were particularly effective); – the non–formal education approach made the YEs independent in the design and implementation of group activities, as their own training was a project designed by ‘doing’ and ‘co–creating’. — Reducing prejudice towards adolescents: […] I hadn’t spent time with young people of this age group for quite some time… I felt I had lost touch with this age group, but this project allowed me to get closer to them, to see how trends have changed and how adolescents have evolved compared to when I was a teenager […]. – most of the YEs report higher confidence in the adolescents’ cognitive and social abilities, and in their own ability to reduce prejudice and foster an exchange between two neighbouring generations; – through non–formal education, it was possible to work in the absence of judgment and without any preconceptions about the personality of each student; 72 Antonella Tropiano – the teachers were able to observe the class group from another perspective and the analysis of the dynamics positively changed their mental representations of individual students. — Personal growth: […] I also found out a lot about myself in those circumstances. […] it trained me, it led me to be aware of some issues and above all to collaborate with other people in order to achieve the same goal. – contact and awareness of YEs with the contents and themes of the project (Identity, Discrimination, Violence). The acquisition of notions adaptable to different contexts, including personal experience; – enhancement of the teamwork: a very cohesive and rather stable YE group over time, encouraged by the exchange of knowledge between the pairs (before, during and after the class workshops) and by sharing experiences in the extended group. Downsides: — Organisation: […] a lot was expected of the YEs in the workshops and the classes were very different from one other… I felt quite drained… having back–to–back workshops was a bit heavy to deal with on an emotional level […]. – most of the YEs found it difficult to manage multiple workshops in the same morning and/or several consecutive mornings. The scheduling of the meetings appears to have been particularly ineffective, bringing with it a considerable emotional overload (request for significant physical and mental energy in the absence of constant supervision tools for the activities) as well as practical (difficult to move between different institutions on the same morning in the absence of own means of transport); – inadequate clarity with regard to the assignment formula (work / volunteer) and the methods of refund for the activities. This problem was mainly encountered in the first year of work; E.P.E. Focus # 2. The Italian Research on the Young Educator Experience 73 – the organization, if not well defined and scheduled, can have a significant impact on people’s personal lives; – insufficient time (4 meetings) to discuss such important topics. — Training to be adapted to the needs of the YEs: […] time management — I found that frustrating. – the scheduling of the coordination meetings was assessed as chaotic and ineffective, both in terms of timing and in terms of content. The Yes commented on the absence of an agenda that can be consulted both in advance and in presence of the group, and little adherence to real work needs; – some training was planned when the workshops had already started in some schools; – inadequate clarity regarding who the Organisers were and what specific roles they had. YEs needed to be able to contact key organisers based on specific needs (e.g. when they needed additional material, or when they needed to address the psychological problems of students or encountered problems with schoolteachers). — More experienced YEs felt they bore the bigger burden: […] I think that, on my part, there was also the desire to let other people who may not have had as much experience, to take the reins and try to experiment; however, in some crisis situations, I found myself managing the dynamics between people alone, because my less experienced partners would panic. – if, on the one hand, the training and professional heterogeneity of the YEs was found to be an added value, on the other hand it led the more experienced YEs perceiving a sense of overload when it came to coordination. Each YE worked alongside another YE in each workshop. Some pairs were made up of YEs with different levels of experience in the project; this imbalance made managing critical moments hard; – the YEs who joined the project come from diverse contexts and have difference work experiences which many not necessarily be inherent to education; 74 Antonella Tropiano – The relationship with teachers not well managed. Some teachers were completely uninterested and unsupportive. Need for better communication between trainers and teachers in order to support the YE’s activities. 2. With regard to the training course and the subsequent work with the student groups, do you have any operational suggestions for the future? […] it would be advisable to hire people who are willing to commit to the whole 3 years of the project; the same applies to the YEs. The YEs interviewed made excellent observations and provided many ideas to deal with the problems encountered: — effectively manage organizational/admin paying better attention to the scheduling of the workshops in relation to the material and emotional difficulty of the YEs in managing several workshops in a row on the same day or on several consecutive days; — maintain the non–formal education framework of action and enhance it by providing a greater number of activities to be carried out in the classroom; correctly redistribute the workload over the 4 meetings. Create clear result–oriented anchoring guidelines (as for the first year of the project); — reduce the disparity in the workload between the most experienced YEs, by managing and redistributing the workshops fairly and not based on individual availability; — try to ensure continuity in the YEs group through a more effective and targeted selection (e.g. select university students at the beginning of their degree); — greater punctuality and precision in scheduling training and ongoing meetings in order to meet the real needs of the YEs; — identify specific reference figures who provide all YEs couples with guidance following each workshop, thus allowing for a greater perception of professional support; — make communication with the YE group effective and structured, planning and recalibrating future projects based on the needs encountered during these three years, avoiding last–minute reports and unsupportive meetings; E.P.E. Focus # 2. The Italian Research on the Young Educator Experience 75 — use ongoing meetings as workshops to brainstorm: exchange ideas relying on the creativity of the YEs and try the activities before putting them into practice; — give clear information and basic definitions with regard to the topics covered so that the YEs, keeping in mind the principles of non–formal education, can be supported in the conduct of communication exchanges, even in the case of unexpected events (e.g. provocations and aggression towards classmates). Strengthen training on processes starting with basic contents. 3. Would you recommend this project to others? Why and why not? […] Yes, I would definitely recommend it, because it is a truly enriching experience for both Young Educators and students, and it gives you the opportunity to try your hand at working within a context that you might not always have the chance to experience [… ]. […] And also for the international aspect to it; it’s nice to see how certain issues can develop in different ways in different countries. It is important to stress that all 14 YEs interviewed showed a particular interest and emotional attachment to the project. All 14 would recommend taking part into the project to: — people who want to share and exchange something with others. It helps those who are introverted to experiment in group relationships; — people outside the education sector, who are interested in becoming aware of themes that are current and of social interest; — people who wish to reach out to adolescents or who fear contact with them; — people who truly believe in the values of the project and in its potential for multiple recipients. They also recommend it because: — it is enriching, it reduces the distance between generations and facilitates interpersonal exchanges; 76 Antonella Tropiano — it tests the creativity of the YEs and allows for the acquisition of psychological and pedagogical skills; — it enriches personal relationship and friendship networks with people from completely different contexts; — it is an international project and can create professional opportunities. The reasons why they would not recommend participation are mainly related to the aspects already identified as negative: — organizational/administrative disharmony, which prevents Yes from reconciling the project with their personal life, thus compromising the success of a project with so much intrinsic potential; — failure to check and to regularly check in on the requirements of the educational and motivational YEs and the teachers of the classes involved. 3) Awareness and internalization of the experience (formative and personal/relational). 4. Thinking back on the experience, what will you take home from a formative point of view? […] the professional interaction with the adult teacher, the organization and the ability to re–elaborate what has been done, understanding critical issues, errors […]. — the inclusive attitude towards others. The usefulness of working in a team to understand and contextualize one’s mistakes and address them in a solution–oriented way; — work on your own soft skills and those of others (i.e., empathy and listening skills); — the non–formal education method and design; — the ability to manage groups in the design, implementation and self– assessment of the project itself through the analysis of criticalities and strengths (SWOT analysis). Development of problem–solving skills; — greater confidence in working with teenagers; — creation and maintenance of a collaborative team; — professional interaction with the adult teacher; — experiencing communication with adolescents in a safe environment; E.P.E. Focus # 2. The Italian Research on the Young Educator Experience 77 — curiosity and interest in the educational field; — different perspectives on the school environment and high school in general; — the creation of equal, empathic, judgment–free spaces; — collaborating with people from a different cultural background to your own; — communicative effectiveness. 5. From a personal/relational point of view? […] It put me in contact with people who are similar but different from me. — greater awareness and ease in sharing what I think and feel; — a new enriching group of friends; — patience and listening skills; — social networking and coming into contact with Turin’s cultural association landscape; — self–awareness in building intimate and meaningful emotional relationships; — trust in adolescents viewed as curious human being, eager to learn and looking for a constructive exchange; — observing one’s own personal traits in a younger version of oneself (i.e. reflected in the teens); — embracing intense emotions: experiencing the new and the unexpected; — overcoming one’s difficulties and connecting with others. 4) Relations with the context and with the educational figures: investigate the degree of collaboration and acceptance. 6. Turning now to the context in which the activities took place: did you find the educational institution to be supportive? 6.1. What kind of relationship did you have with the school? […] In some schools the institution was present; other times, it was quite absent. 78 Antonella Tropiano The collaboration with the educational institution mainly focused on the relationship with the teachers. The YEs were put in direct contact with the reference teachers. In answering this question, it was possible to witness a polarized response with regard to the teachers’ involvement: on the one hand, total disinterest; and on the other, active participation. This polarity is not dependent on the type of school (it occurred in all settings: high schools, vocational colleges and middle schools). The most collaborative teachers proposed ongoing activities in between meetings on the content that emerged in the group discussions. This favoured the exchange and internalization of that content. Some YEs were able to meet ‘tutors’, people chosen by the school to monitor and facilitate intergroup dynamics. In some cases, the YEs found greater sensitivity amongst teachers responsible for scientific subjects than those who taught Humanities. Some teachers said that, as a result of the project, they had changed their perception of certain students in a positive way. All YEs reflected on the need for greater control with regard to the selection of the teachers involved in the implementation of the projects. The lack of interest on behalf of some teachers can undermine the results of the project, devaluing it in terms of effectiveness. 5) Evaluation of the methodology: to what extent did the methodology allow for the content (the annual theme) to emerge? 7. With regard to the evaluation of the methodology adopted, how much did it contributed to bringing out the contents, in the years in which you participated? 7.1. Did you notice any differences between the different years? […] We talk about methodology, but we don’t talk about it explicitly, so you are free to say as much as you want […] In my opinion, this methodology has been very useful for addressing issues with teenagers, absolutely! In general, it seems that this methodology has favoured the emergence of the contents both in the YEs and in the students. It was defined as a “non–scholastic” training which fostered reflection and framed the definition of the concepts and topics addressed in the three–year course. This approach is effective amongst the adolescent age group, as it favours the E.P.E. Focus # 2. The Italian Research on the Young Educator Experience 79 discussion of complex topics through indirect forms of communication, such as play. By moving away from the classic lecture–style approach, the YEs were able to observe the students. Self–narration emerged particularly in the presence of possible projections of one’s ideas onto audio, video and photographic media. Despite this, it was possible to detect differences in terms of functionality over the years and in various class contexts. In the presence of instances of social marginalization and problems within the groups, the more experienced YEs perceived emotional and cognitive overload due to the absence of alternative tools, lack of experience in the field and clearly–defined contents. The first year was highly formative in spite of the difficulty of the topic: identity. During the upstream and ongoing trainings, the activities were tested in groups before being presented to the classes. This favoured the YEs in terms of confidence in the methodology. The second year was very different, as YEs had to bring their creativity into the mix. Lastly, the third year would have provided for even greater involvement on behalf of the students in the implementation of the activities, but this was not possible to the closure of schools enforced by the restrictions related to Covid–19. We chose to use social channels to continue the project, but the experience was not viewed as beneficial, neither by the YEs nor by the students. It was difficult to communicate with the teachers; therefore, YEs and students clearly perceived the lack of a clear organizational structure within the project. 6) In–depth analysis and Covid–19: Detecting whether the YEs have internalized the need to think about ‘context’ and the fact that each method, tool and content must be adapted to a context (i.e., class typology, quality of class group dynamics, historical vicissitudes) and not vice–versa. 8. Do you think that the work tools acquired during the training were adaptable to each class group in the same way? […] in terms of the first year, yes. The following years we addressed issues such as discrimination and violence so […] we had to be a little more delicate in carrying out certain activities. In the first year, the activities were more flexible and we were less likely to probe wounds, let’s say, less likely to probe the kids’ weak spots. 80 Antonella Tropiano All YEs maintain that the work tools are dynamic in of themselves, and that they encourage the emergence of contents. At the same time, despite the methodology’s adaptability to various class groups, it would have been preferable to have direct experience of all the tools in order to be able to grasp their different features and enhance their potential benefits. The greatest difficulties in adapting the tools were encountered in vocational schools. What also emerged was the need for more support in between meetings in order to analyse the content that emerged in class and steer subsequent meetings in a useful way. This is where the individuality and expertise of the YEs, as well as the ability of the two YEs to work together, makes a difference. Greater difficulty was experienced by those who have no background experience in the sector and have weak creative skills. 9. Covid–19. As a result of the restrictions brought in due to the pandemic, were you able to continue your activities with the students? And if so, how and what were the results? […] Personally, I did not create any videos either for my personal needs during this period […] or because maybe I didn’t believe so much in this approach. On an international level, the project kept activities going by publishing photo and video content on the Instagram pages of the YEs and of the project itself. The content related to specific themes and days of international debate on topics such as the environment, sexuality, and violence. Almost all YEs encountered difficulties in using this very individual and personal mode. The emotional sensitivity and privacy of the individual seemed to no longer be protected outside the physical context of the school. The Covid–19 experience also had an enormous impact on the daily lives of individuals, and required greater efforts in reconciling study, work and time to devote to the project; furthermore, the latter was no longer framed by set times in a classroom; instead, participants were having to find time to focus on it at home. Final Considerations Each interview generated frank, verbalizable answers as well as a series of implicit messages. The YEs involved in the interview gave very sim- E.P.E. Focus # 2. The Italian Research on the Young Educator Experience 81 ilar responses when detecting both the strengths and criticalities of the project. Below are the final considerations, organized according to the sub–sections of the interview. They clearly show the implicit and explicit requests of the YEs. 2) General evaluation of the experience: detection of the positive and negative aspects of the experience. All YEs rated the experience positively and would recommend it to all those interested in working in adolescent educational contexts as well as working with social issues which are so important for the life of each and every individual. The project was defined as a training and professionalizing experience. It allowed them to work on themselves and improve individual aspects of introversion–extroversion. This was favoured by the non–formal educational approach, which seems to have produced autonomy and to have fostered experiences of self–efficacy in the planning and implementation of specific interventions with class groups. The YEs were able to experiment with group work and enhance the effectiveness of teamwork in order to support and control individual dynamics. Reflecting on the negative aspects, the YEs interviewed highlighted some criticalities with regard to the organization and training coordination that led to some cognitive/emotional overload amongst the YEs, especially the more experienced ones in the cohort. It is important to remember that the YE sample was selected on the basis of affiliation with the Turin association network, and that no previous educational experience was required. There was, therefore, heterogeneity in the YE’s application to participate in the project, in terms of prior experience and exposure to the topics of the project. This heterogeneity favoured the development of individual interpersonal bonds and the creation of a rich and enriching YE group. At the same time, it directed the YEs towards highlighting the need for a better structure in organizational terms and also in terms of the support they received. From reading the responses and operational suggestions, it is clear that there is an important need for external support, both in terms of support and protection for the YEs; they need a space in which to voice their concerns and insecurities and any other issues that stem from working with issues which are so impactful and emotionally charged, such as identity, violence and discrimination. 82 Antonella Tropiano Taking into account the aforementioned premises, it is possible to identify 4 explicit requests on behalf of the YEs with regard to the critical issues: 1. spread the workshops several days apart and possibly every other week. This is suggested in order to avoid the emotional overload connected to carrying out certain activities, to allow for the processing and internalization of said activities, and to facilitate movement of YEs from one establishment to another; 2. organize a training plan upstream of the ongoing meetings with a clear scheduling which offers YEs continuous support and guidance; 3. organize the evening training sessions as idea workshops in which to think about the activities to perform in class and be able to test them before the real class sessions (this approach was well–structured and successful in the first year of the project); 4. provide entry–level training for YEs who take over the group after the project has already started. This is in order to ensure an equal distribution of responsibilities and to avoid the more experienced YEs feeling overloaded. With respect to point 4, the YEs were allowed to take part in only some of the project and abandon it for personal reasons (work, study, etc.) at the end of the ongoing project year. If this occurred, the YE was replaced through a new public call for applicants. The newcomers were not offered any ad hoc training, but they did receive integration and group learning. The importance of group experimentation and learning was not understood by the more experienced YEs, who reported a perception of overload, especially in emergency situations in the workshops. 3) Awareness and internalization of the experience (formative and personal/relational). This section examines the level of awareness and internalization of the experience, which is one of the key aspects for evaluating effectiveness in psychological terms. Being aware and internalizing an experience of this magnitude is an integral part of the experience itself and determines the quality of the mental representations and memories that it can conjure E.P.E. Focus # 2. The Italian Research on the Young Educator Experience 83 up. The answers gathered support a certain ability for internalization on behalf of the YEs, thus reaffirming the richness of the formative and relational content of the project. From a formative point of view, new skills emerge such as working with one’s own soft skills and those of others (empathy and listening skills), the creation of an equal and non–judgmental work setting as well as collaboration with the multiple project participants (teachers, educators, educational institutions, and YE teams). This enrichment was framed both by the approach of non–formal education (which fostered autonomy, self–evaluation, and planning) and by a three–year project which was being continuously co–constructed in a dynamic way. From a personal point of view, however, the intense emotions evoked by the memories and images of the workshop experiences emerge. The YE also mentioned that they have enriched their network with meaningful friendships and of having acquired awareness and self–confidence in the possibility of building intimate emotional relationships, overcoming their own difficulties through exchanges with the other. 4) Relations with the context and with the educational figures: investigate the degree of collaboration and acceptance. The YEs worked in the various schools selected for the implementation of the project. They were present in middle and high schools. Their presence in the schools was organized according to scheduling that the YEs and the school teaching staff agreed to. Their workshops took place only once this was defined and there tended to be little communication between YEs and schoolteachers prior to the workshops. This is extremely important to keep in mind when reflecting on the responses provided by the YEs in terms of “context”, as their relationship with the institution was in actual fact represented by their interactions with the teachers and the project coordinators. The YEs interviewed highlighted a polarized approach on behalf of the teachers, who were either extremely interested or extremely disinterested in the project. 1. Establish intra–project reference coordinators who can hold space for the two YEs at the end of a classroom workshop and allow them to debrief. 84 Antonella Tropiano 2. Build an organization chart of the key coordinators of the project, providing e–mail, mobile phone and specificity of their role as well as what requests can be addressed to them. 3. With the help of the school management, make a more selective choice of the classes to be involved in the project, taking into consideration the level of motivation and involvement. Organize an informative event explaining the aims and methods of the project, so as to inform stakeholders in advance and, as a result, facilitate the intervention of the YEs in the classes. If we take the reflections highlighted in section 2 and the suggestions reported in this section, it is possible to see the criticalities highlighted by the YEs in terms of defining the context. Point 7 clearly represents a utopian perspective of the actual possibilities of an exchange with the institutions as well as an idealized representation of the communicative background that can exist in the presence of a European project and its management team. It is interesting to reflect on this, and especially on what the YEs themselves identify as a reference “context”, rather than as an implementation “context”. Perhaps, this says something about the YEs’ perception of their own role, that is, they see themselves as trainers in training rather than expert educators. We will touch upon this reflection in the general conclusions. 5) Evaluation of the methodology: to what extent did the methodology allow for the content (the annual theme) to emerge? The non–formal education methodology was widely well–received by the YEs. It presents itself as a “non–scholastic” training approach and has transformed the way in which the YEs interacted with the students, that is, it created a non–judgmental space in which everyone can share feelings and thoughts as equals. This approach does away with the frontal–lecture style of traditional lessons and instead promotes a more welcoming and inclusive communicative space which allows the YEs to observe the students. The self–narration is co–constructed through game and through the projection of the self onto external means (audio, video, and photographs). The YEs support this educational approach, and encourage the following: E.P.E. Focus # 2. The Italian Research on the Young Educator Experience 85 1. Continue to use the non–formal education approach and strengthen it by providing the YEs with guides who can provide both basic training in terms of the contents dealt with (a sort of ‘guidance compass’), and a range of alternative activities which can be adapted to varied class groups. 2. If the intention is to encourage the creativity and autonomy of YEs from year to year, it is important to offer spaces and places in which they can test ideas in the presence of their trainers. 3. Train the YEs on how to communicate with the groups in the event of difficult exchanges. Brainstorm a series of problematic interactions which may arise with the students and think of ways to restore and salvage said interactions. In point 7 specifically, the YEs unanimously call for procedural training. They need to be equipped with tools they can use in emergency situations caused by dysfunctional relational dynamics of certain classes. These requests for help can be linked to the implicit requests for the better definition of a “context”, as reported in sub–areas 2 and 3. A certain awareness of the method and its enhancement as a vehicle for the end goals (raising awareness amongst adolescents and YEs) has emerged. 6) In–depth analysis and Covid–19: Detecting whether the YEs have internalized the need to think about ‘context’ and the fact that each method, tool and content must be adapted to a context (i.e., class typology, quality of class group dynamics, historical vicissitudes) and not vice–versa. Most YEs believe that the tools are flexible, dynamic and, therefore, adaptable to different class contexts. Nevertheless, some argue that the YEs’ expertise and creative ability also came into play. All showed a certain awareness of the method and, therefore of the tools, also in terms of adaptability to the class group and the quality of the internal relations. The limitations imposed by the health emergency prevented the continuation of in–class interactions, and consequently the use of the same tools. The European Union welcomed the possibility of converting the face–to–face activities into online activities, without imposing a specific structure and allowing all partners full autonomy. In Turin and Collegno, the decision was made to continue promoting videotaped content (cre- 86 Antonella Tropiano ated by both YEs and students) through the official Instagram pages of the project. This decision was not well–received by the YEs, who were already overwhelmed by academic and professional commitments online and dealing with the changes which occurred in their family lives due to Covid. The perception of individual boundaries was completely distorted and the feasibility of the project in virtual mode was questioned. In Conclusion On the basis of the reflections that emerged in the various sections, it is clear that YEs need ‘reference figures’, guides they can rely on when they have queries or doubts. The mean age of the YEs is 24.31 years. It is important to reflect on the fact that this cohort is at an important developmental stage of their lives: the cohort is predominantly made up of university students who are still economically and psychologically bound to their family. Their professional identity is beginning to form through the experiences they have on the project and their identity is undergoing a transformation (they are becoming independent adults) and they are starting to experience a separation (from their context of origin/family). If, on the one hand, they require and seek trust and autonomy, on the other hand they need to be able to count on a stable, rooted support network. The answers they have provided in this interview convey negative feelings of inadequacy and anguish, but also positivity connected to the perception that they are acquiring more responsibility. The YEs are volunteers and they hide behind this identity when they encounter difficult situations or circumstances where emotions are heightened. Furthermore, the school and the trainers of the project are seen by the YEs as the ‘container’ in which they can place their emotions, insecurities and difficulties, and from whom they can obtain support. Sometimes, though, in a project of this magnitude, what often happens is that neither ‘container’ is truly supportive. The interviews collected denounce the lack of structured support on behalf of the trainers. As reported in the operational suggestions (numbered from 1 to 10 and divided into sub–sections in the interview), the YEs require the clear structure of an operational chart, in which the roles of the staff involved are clearly specified and defined. The request is for a more structured spatial–temporal framework within such a large and dispersive work group. This request was also sought out in the school E.P.E. Focus # 2. The Italian Research on the Young Educator Experience 87 context; schools, however, were ambivalent in terms of acceptance and understanding in this sense. During a meeting attended by the Municipality of Turin, some of the YEs interviewed underlined a series of potential discrepancies with regard to the problems encountered by the YEs and those highlighted by the organization (SFEP and the Municipality of Turin). In addition, what was discussed was also the way the YEs and the organizational structure conceived the institutions differently. While YEs tend to refer exclusively to teachers, the organization takes into consideration the entire institution (management, administration, Piedmont Region, etc.). If the first is inclined towards a bottom–up analysis, the other is in favour of a top–down problem analysis. Underlining the main objective of the European project, which is to increase awareness among young people aged between 11 and 30 years of European and extra–European forms of violence and discrimination, we highlight that the YEs are considered a Target Group too and therefore recipients of the project itself. Identity is one of the issues addressed in the annual projects and it is the identity of the YEs that is significantly transformed by the design experience. This can help us to reflect in terms of future applicability and in terms of choosing the YE sample itself. The selection and dissemination criteria of the call defined by the European Project, is as follows: Applicants must: — be between 19 and 29 years of age; — have carried out social and voluntary work in youth associations active in their area; — provide a resume; — indicate their specific interest in the themes of the project; — possess relational skills; — possess language skills. The European Union asked the partners to disseminate the call publicly, at no cost to the project, together with the selection criteria and the description of the activities envisaged by the R&C. In order to fulfil the selection criterion pertaining to previous experience of voluntary work, Italy disseminated the call through the Turin association network. Despite the specification of a suitable resume, no strict selection criteria was 88 Antonella Tropiano applied. Interests and relational and linguistic skills were deemed more important than professional skills. It was risky to allow for people with little or not strictly related professional experience to join, and this was subsequently pointed by in negative terms by those interviewed (e.g. more experienced YEs felt overwhelmed emotionally, cognitively and socially). Being able to interview YEs was a meaningful experience. The communicative ability of the YEs and their direct involvement in the project made it possible to identify implicit and non–verbalizable feedback in the interview. Generally speaking, the interview was considered an opportunity to exchange and internalize the three–year experience that was not completed the way it had initially been planned due to Covid–19. As described above, according to the YEs, the decision to remove any direct interactions in the workshops and to replace it solely with the publication of online content was a questionable choice. They would have liked to have continued in alternative ways (e.g. the continuation of the workshops electronically). The overall reflection is the need to take into account the difficulties through the lens of the YEs rather than through the lens of the adults (i.e. the institution or organization). The nature of the many social relations which characterize a project structured over three years is in of itself changeable and unpredictable. It is important to take into account the contingent factors of variability by monitoring and implementing a supporting organizational and administrative structure that is also adaptable to any changes in role. The evaluation of individual experiences highlights the importance of taking into account the needs of the entire target group (schoolchildren and YE) involved in a project which touches upon sensitive issues and which has such high emotional and transformative potential. The evaluation also highlights the importance of a welcoming and safe space for YEs to discuss vulnerable and unpredictable content. Part III THE RESEARCH PROJECT Introduction One of the outcomes envisaged by the R&C project entails context analysis Reports drafted during the first and third year of the project. These Reports were drafted by purposely contracted researchers, or better, by specialized researchers from universities and research centres of the different territories involved in the project. The first–year reports (concluded in September 2018) had the goal of analysing the initial situation of discrimination and violence in the territories involved in the project, whereas third–year reports (concluded in September 2020) aimed to assess the results achieved by R&C from the point of view of local policies impact. Focusing on the second round of Reports, this Section is intended to present 9 research abstracts from the 9 researchers involved in the project (one per country). These abstracts aim to summarize (in approximately 5 pages per partner) the context analysis reports drafted in the third year of the project. In this way, each abstract presents how decision–makers have faced intolerance and inequalities in their territories over the past 3 years, inter alia by means of legislative reforms, case–law, local interventions and the development of good practices on behalf of public institutions. Indeed, each abstract assesses the most relevant initiatives (mainly positive actions)1 implemented both at the national and local level, involving institutions, territorial bodies, citizens, particularly youths, and schools. The cross–cutting themes are (i) gender and (ii) migration, more precisely discrimination and violence based on gender and for reasons of migration. Accordingly, the research abstracts are structured in the following way: firstly, an introduction which generally presents the domestic legal 1. Defined by the European Union Agency for Fundamental Rights (FRA) as “all measures to increase the participation of particular groups in certain spheres of economic, political or social activity, in which those groups are regarded as underrepresented”, in The Benefits of Positive Action, Thematic Discussion Paper, Vienna, 2008, available at https://fra.europa.eu/sites/default/files/ fra_uploads/220-FRA_thematicpaper_positiveaction_ICMPD_en.pdf. 91 92 Antonella Tropiano order (including its constitutional system, centralized or decentralized governance, territorial autonomous powers and supranational — binding — legal sources protecting and promoting equality); secondly, a specific analysis of gender–based violence and discrimination in the territory concerned; thirdly, a specific analysis of discrimination and violence for reasons of migration in the territory concerned. Each abstract gives equal attention to the two cross–cutting themes, by showing national and (if possible) local data and statists on gender and migration issues, then, illustrating latest legislative interventions in both fields, and, finally, presenting recent local policies aiming at achieving substantive (de facto) equality. Lastly, each abstract is followed by a short bibliography. It does not entail a comprehensive list of references, but it is an indicative bibliography displaying the main relevant sources, websites and databases used to write the context analysis report. Research abstracts are followed by a final comparative analysis, which represents not only an additional research output in the context of the R&C project, but also an additional commitment of the City of Turin, as project leader. In fact, in order to draft this final research outcome, the City has developed further collaboration with the University of Turin and CIRSDe (the Research Centre for Women’s and Gender Studies). The final comparative analysis is intended to (critically) present different public policies and territorial interventions against discrimination and violence. It ultimately aims to share best practices and inspire future positive actions for the promotion of social inclusion and citizen participation. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/97912599402928 pp. 93-100 (March 2021) Tackling Discrimination and Violence in the R&C Territories The Experience of Fortaleza (Brazil) Robson Torres Bandeira in collaboration with Diego Carneiro, Suiany Moraes and Otilia Barros* Introductory Overview Brazil is a federal republic, which is based on the principle of decentralized governance. The State of Cereá represents one of the 27 federal states of Brazil and the city of Fortaleza is its capital. In recent years, the amount of news related to hate crimes has grown, especially as a result of extreme right ideology and the polarization between conservative and liberal views. The main reasons why these crimes are committed are ethnicity, country of origin, sexual orientation, gender identity, religion, ideology, and social condition. Normally, these crimes are based on pre–existing inequalities which are perpetuated for years due to social and cultural mechanisms. In this context, the most significant prejudice crimes are linked to race, gender and homophobia; these crimes deserved more attention from society and the public administration. According to the Hate Map, Brazil registered 12.098 cases of hate crimes in 2018, 70.47% of them motivated by racial prejudice, 17.9% based on the sexual orientation of the victims, and 9.43% related to gender prejudice. 9.71% of all cases resulted in homicide. This intentional hateful violence particularly victimizes black men, the LGBT community and women, according to the Violence Atlas (2019). In reference to racial prejudice, the Disque 100 service, a channel of the Ministry of Women, Family and Human Rights (MMFDH) for the denouncement of human rights violations, states that discrimination was the most significant type of violation registered in the 2015–2019 period (97.73% of all records). Furthermore, in 27.66% of these cases of discrimination, there was also psychological violence. In most of the cases, discrimination is Robson Torres Bandeira, coordinator of the Youth Development Unit at the Municipality of Fortaleza, in collaboration with Diego Carniero, PhD in Policy Evaluation Consultant, Suiany Moraes, PhD candidate in Sociology at the Federal University of Ceará (UFC) and researcher at the Laboratory of Studies of Violence (LEV/UFC), Otilia Barros, Administrative Lawyer. * 93 94 Robson Torres Bandeira racial or ethnically motivated and results in bullying, humiliation, harassment and persecution. Many of the victims are aged 15 to 30 (31.92%), are black or brown (72.94%), are female (48.85%). Despite the abovementioned landscape, the Brazilian Constitution (1988) enshrines equality as one of its core values. According to Art. 5 “Everybody is equal before the law, without distinction of any kind, with the inviolable guarantee of the rights of life, freedom, equality, security and property, for Brazilian and resident foreigners”. And there are many legislative measures in force as to promote equality and to protect victims from discrimination. In terms of federal legislation, it is worth mentioning Law no. 12.288/2010, which instituted the Statute of Racial Equality, and Law no. 11.340/2006, known as The Maria da Penha Law, which created mechanisms to tackle domestic and family violence against women. Concerning local legislative measures, there is Law 9.956/2012, which established the Municipal Plan of Racial Equality Promotion Polices, in Fortaleza. But there is no local law related to protecting women who are victims of violence (everything is based on the Maria da Penha Federal Law). These legislative measures support the victims of racial discrimination and gender violence, while helping to make equal opportunities a reality. However, what is missing is an adequate investment in educational activities that can promote a sense of equality and reduce the differences expressed by discriminatory issues. Discrimination and Violence Based on Gender Violence in general, and in particular violence based on gender, is a major aspect of daily life in the city of Fortaleza, in the state of Ceará and in Brazil as a whole. In 2017, the state of Ceará had the highest youth homicide rate among Brazilian states, at approximately 140 for every 100 thousand inhabitants. In this context, violence against women has also gained representation. There was a 176.9% increase in the number of women murdered in Ceará (about 87% of them were black) from 2007 to 2017. Such data presents the persistent racial element in the context of violence against women and makes certain women doubly vulnerable. There was also an increase in domestic homicides which entailed the use of firearms. The situation for the LGBT population is even worse because of the absence of legal remedies for victims of violence and discrimination. More The Experience of Fortaleza (Brazil) 95 precisely, crimes against the LGBT community are often not reported as homophobic/transphobic offences but as “common” crimes. However, despite this problem, there is an increase in violence, especially after 2016, with the following general characteristics: more than 70% of the perpetrators are male, more than 90% of homicides occur in urban areas, 60% affect single individuals and most victims are female. According to Disque 100, between 2011 and 2019, there were 634 reports of crimes against the LGBT population in the state of Ceará, of which 34.22% are related to discrimination, 19.26% physical violence and 37.58% psychological violence. The sexual orientation and gender identity of the victims are the main reasons for this violence, and they translate to bodily injury, mistreatment, threats, humiliation and homicide. An overview of the victims appoints that 41.11% are aged 15 to 30, 34.66% are black or brown, and 51.44% are male. The 2019 Report of the Gays da Bahia Group shows that the North– East Region accounts for the highest number of LGBT violent deaths in Brazil (35.56%). The state of Ceará is the 6th in the same ranking, comparatively with other Brazilian states (6.08% of the cases). The main victims of LGBT violence in Brazil are gay people (52.89%) and transvestites (27.05%). It is important to highlight that, before suffering a violent death, these people are subjected to many “symbolic deaths” caused by the hateful discrimination and violence, which makes them more vulnerable to marginalisation. Due to this dramatic situation, new legal provisions have been created to protect women and LGBT people on the three governmental levels, namely: — Federal measures, aimed at exacerbating the punishment for aggressors, as well as promoting their rehabilitation through psychosocial monitoring (Laws 13.931 / 2019 and 13.984 / 2020); Initiatives to establish specific homophobic criminal offences, both for physical injuries and homicides when they are triggered by the victim’s transsexuality and / or sexual orientation (Project–of–Law 3.453 / 2019). — State (Ceará) measures, mainly to highlight the fight against gender and LGBT violence, publicizing the tools to report these crimes and adding public initiatives and events dedicated to raising awareness (Laws 16.892/2019, 16.935/2019, 16.962/2019 and 17.062/2019). — Municipal (Fortaleza) measures as to offer additional rights to the LGBT population, mainly by guaranteeing symbolic rights, such as the official use of the chosen name for lesbians, gays, transvestites, 96 Robson Torres Bandeira transsexuals, and intersex people in school records (CME Resolution n. 13/2016). In addition to these legislative measures, a series of judgements have been issued in favour of expanding the legal remedies for victims of gender discrimination and violence. For example, the Supreme Court has recognized that “homotransphobic practices qualify as a form of racism, insofar as such conduct matters in acts of segregation that lower members of the LGBTI+ group, due to their sexual orientation or gender identity” (judgment on ADO no. 26/DF). Moreover, there are public actions and programs aimed at preventing violence, expanding reporting tools and providing assistance to victims. On a national level, the creation of the Observatory of Women against Violence (OMV) in 2019, and, at the local level, the Municipal Observatory for Mapping Gender Violence, both created with the goal of gathering data and conduct research on domestic violence against women and LGBT people. This commitment is particularly relevant in Fortaleza, whose City Hall has an exclusive secretariat for Human Rights and Social Development (SDHDS), with three specific delegations dedicated to minority groups: Public Policies for Women, Racial Equality, and Sexual Diversity. There is also the Special Coordination of Public Policies for Youth (CEPPJ) and its CUCAs (Urban Centres of Culture, Art, Science and Sports), which carry out positive actions (empowerment and emancipation) and improve possibilities for young people in circumstances of vulnerability through training courses, workshops, sports practices, the promotion of health, citizenship, human rights, communication, entrepreneurship, cultural dissemination and creative economy activities. The CUCA network has promoted events and campaigns that deal with sexual diversity and the prevention of gender, LGBT and racial–based violence, such as the Young Action program, the Mente Livre CUCA Crespa campaign (to promote Afro–Brazilian culture and, especially, equal rights for black women), the celebration of the Municipal Day for the Visibility of Transvestites and Transsexuals, and the campaign Mulheres de Todas as Cores / Women of all colours (which entails public debates, meetings, activities, scenic and cinematic shows to promote equal rights and to fight violence against women). Other relevant local positive actions to promote equality and protect women victims of violence are: 1) Reference Centre to Assist Women in Sit- The Experience of Fortaleza (Brazil) 97 uation of Violence – CRM Francisca Clotilde (funded by our local public administration), which offers shelter to women in situations of violence resulting from domestic and family inequality of gender (psychological, sexual, physical, moral and patrimonial violence), sexual violence (abuse and exploitation), institutional violence, moral harassment and women trafficking; 2) Casa da Mulher Brasileira / House of the Brazilian Woman – Fortaleza Unit (a Federal program that is managed by the State Government of Ceará in Fortaleza), which is a public space that offers specialized and multi–professional support services to take care of women who are victims of violence, by providing psychosocial support, promoting women’s autonomy and empowerment; and, 3) Ceará Women’s Forum (FCM), a feminist political movement (NGO) that participates in national and local political decisions stimulating the governmental formulation of public policies for women. Discrimination and Violence Based on Migration The Brazilian legal system defines the concept of ‘migrant’, ‘refugee’ and/or ‘asylum seeker’. Federal law 13.445/2017, called “The Law of Migration”, describes the following concepts: — Immigrant: a person from a foreign country or stateless who works or lives temporary or permanently in Brazil. — Emigrant: a Brazilian inhabitant who temporarily or permanently makes residence in a foreign country. It also defines visitors (tourists), stateless people (according to Stateless’ Statute from 1954, proclaimed by decree 4.246/2002), and border residents. In the case of specific legislation for refugees and asylum seekers, there is Law 9.474/1997 which recognizes as a refugee: — A person without nationality (stateless) or who left his own country to escape from persecutions based on race, religious, nationality, social group or politics opinions. — A person that was forced to leave his own country due to serious and generalized violations of human rights, and claims refuge in another country. 98 Robson Torres Bandeira Brazilian legal order respects supranational obligations in the field of migration and asylum law. This can be confirmed by analysing both Law 13.445/2017 (art. 46) and Law 9.474/1997 (arts. 4, 5, 6, 12, 18, 48). Additionally, Brazilian Constitution establishes the right to political asylum in its 4th article, item X: “The Federative Republic of Brazil governs its international relations by the following principles: […] X – Concession of political asylum”. Besides defining the conditions for asylum, such legal framework intends to guarantee to all immigrants access to fundamental rights, as well as the possibility of regularization in the country, particularly to those who arrive from countries affected by wars or climate disaster, or even people persecuted for their political opinions, racial situation, or religious beliefs in their country of origin. It can be said that Brazil has a long history in receiving immigrants, whose descendants even constitute a relevant part of the Brazilian population itself. An illustration of Brazil’s tolerant approach to immigration is the high number of foreigners domiciled in Brazil, about 750,000 according to data from the Federal Police. In terms of refugees, 11,231 people in this situation were recognized by Brazilian government up to December 2018 (mainly from Syria, 51%), and 161,057 requests for the recognition of the condition of refugee were in process (80,057 requested in 2018 alone, mainly from people from Venezuela, who account for 77%). Despite being considered a welcoming country for foreigners, the recent crisis in Venezuela has placed significant stress on our traditional institutes, since, on the one hand, there is a new humanitarian character in this migratory movement, and, on the other hand, it exerts significant pressure on the public services, in particular, on the municipalities on the North–East border, located in the state of Roraima. In order to address this challenge, the Federal government has restricted the entry of Venezuelans in Roraima and sought to distribute the incoming migrants among other Brazilian states. 61,681 requests for the recognition of the refugee status were issued in 2018; among the states with the highest acceptance records we have: Roraima (49,900 or 81%), Amazonas (9,703 or 15.7%) and São Paulo (636 or 1.03%). Ceará registered 323 requests, which represents 0.52% of the total requests made by Venezuelans in 2018. According to national surveys, carried out by the Brazilian Institute of Geography and Statistics (IBGE) between 2014 and 2015, 61.8% of residents of Brazilian municipalities are native to these locations, while 38, 2% are not. In this regard, the Central–West region stands out as having the largest number of non–natural individuals in its municipalities. In The Experience of Fortaleza (Brazil) 99 Ceará, the data shows a greater internal migration, with the displacement occurring between the municipalities, where 72.1% are natural and another 27.9% are not natural. The migration of individuals from other federal units is still low, representing only 4.2% of non–natural persons residing in the state. In general, discrimination against immigrants in Brazil is closely associated with economic inequalities, such as unequal access to the labour market, predominating in the wealthier regions, which are the main destinations of these migratory flows (both for those who enter the country legally and for illegal immigrants). This process is intensified due to the low schooling profile of international immigrants, who, accordingly, compete for less qualified vacancies, accepting lower wages and/or worse working conditions, when compared to local residents (Brazilians). Despite receiving a low number of immigrants/refugees every year, the City of Fortaleza has a strategy: the City welcomes these people to a public residence called Centro–Dia in order to guarantee minimum life conditions for all (habitation, food and safety) while collaborating with other public services (public administration, judiciary system and non– state associations). Recently, the Ceará State Government’s Secretariat for Social Protection, Justice, Citizenship, Women and Human Rights (SPS) has been promoting the social and labour inclusion of immigrants in the framework of the State Program for Migrant, Refugee and fighting Human Trafficking. In the first half of 2020 ( January to June), 840 migrants from Venezuela, Colombia, Cuba, Haiti, Cape Verde, Guiné Bissau and other nations attended this program. They came to Ceará (Fortaleza, in particular) and are now looking for a job opportunity. Indicative Bibliography Amarl Filho J. et. al. (ed.), Ceará 2050’s Report: together thinking about the future, 2018. Brazilian Ministry of Justice, National Surveys of Penitentiary Information, http://dados.mj.gov.br/dataset/infopen-levantamento-nacional-de-informa coes-penitenciarias. Brazilian Ministry of Women, Family and Human Rights, Casa da Mulher Brasileira arrives in Ceará for support in facing violence, 2018, https://www.gov.br/ mdh/pt-br/assuntos/noticias/2018/dezembro/casa-da-mulher-brasileirachega-ao-ceara-para-apoio-no-enfrentamento-da-violencia. 100 Robson Torres Bandeira Brazilian Ministry of Women, Family and Human Rights, Balanço anual: Ligue 180 recebe mais de 92 mil denúncias de violações contra mulheres, 2019, https:// www.gov.br/mdh/pt-br/assuntos/noticias/2019/agosto/balanco-anualligue-180-recebe-mais-de-92-mil-denuncias-de-violacoes-contra-mulheres. Centre for the Defence of Children and Adolescents (CEDECA), Ceará, http://cedecaceara.org.br/site/. City Hall of Fortaleza, official website, https://www.fortaleza.ce.gov.br/. Federal University of Rio de Janeiro & National Youth Secretariat, LGBT Youth Diagnosis: diagnosis of Brazilian youth and propositions of strategic actions, 2018, available at https://social.mg.gov.br/images/Direitos_humanos/coor denadoria_politica_dos_direitos_da_juventude/Diagn%C3%B3stico%20 da%20Juventude%20LGBT+.pdf. Institute for Applied Economic Research (IPEA) & Public Security Brazilian Forum, Atlas of Violence, 2019, available at https://www.ipea.gov.br/atlasvio lencia/download/19/atlas-da-violencia-2019. Institute for Research and Economic Strategy of Ceará (IPECE), State Government of Ceará, https://www.ipece.ce.gov.br/. Legislative Assembly of Ceará & UNICEF, Comitê Cearense pela Prevenção de Homicídios na Adolescência, 2020, https://cadavidaimporta.com.br/. Mota G., Cartography of Crime and Violence in Fortaleza, State University of Ceará, Federal University of Ceará & City Hall of Fortaleza, 2010. Muggah R. & Pellegrino A.P., Prevention of youth violence in Brazil: an analysis of what works, Igarapé Institute and United Nations Population Fund UNFPA, 2020, https://brazil.unfpa.org/pt-br/publications/preven%C3%A7%C3%A3o-da-vi ol%C3%AAncia-juvenil-no-brasil-uma-an%C3%A1lise-do-que-funciona. National Youth Secretariat, Imprisonment Map: the youth of Brazil, (2015), available at available at https://nacoesunidas.org/wp-content/uploads/2018/01/ Mapa_do_Encarceramento_-_Os_jovens_do_brasil.pdf. National Youth Secretariat, Young Vulnerability to Violence Index, 2017, https://forumseguranca.org.br. Presidency of the Brazilian Republic, Law No. 12,852, of 5th August 2013, Youth Statute, http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2013/Lei/ L12852.htm. State of Ceará, Committee for Adolescent’s Homicides Prevention & Legislative Assembly of Ceará, Every Life Matters: Final Report of State Committee for Adolescent’s Homicides Prevention, 2016, available at https://cadavidaimporta. com.br/publicacoes/relatorio-final-cada-vida-importa/. Waiselfisz J.J., Map of Violence: the Brazilian youth, 2014. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/97912599402929 pp. 101-107 (March 2021) Tackling Discrimination and Violence in the R&C Territories The Experience of Burgas and Ruse (Bulgaria) Mihail Fenerov in collaboration with Apostol Stoichev* Introductory Overview The formation process of the contemporary legal system of Bulgaria starts with the liberation of the country from the political dominion of the Ottomans in 1878. It is symbolized by the adoption of the first Bulgarian constitution — the Turnovo Constitution — signed on 16 April 1879, a founding document upholding the most progressive and democratic principles seen in Europe in the nineteenth century. Today, the modern Bulgarian legal system is influenced by two very important factors: the democratization and liberalization of the country’s economy, which started after the fall of the Communist regime in 1989, on the one hand, and the accession of Bulgaria to the European Union, on the other. The Bulgarian legal system has evolved through a profound and strictly monitored process in order to achieve full compliance with the acquis communautaire. In 2007, Bulgaria acceded to the Union and, today, the country is an EU member State and EU legislation is an integral part of the Bulgarian legal system. Bulgaria is a parliamentary democracy in which the prime minister is the head of government and holds the most powerful executive position. The political system has three branches — legislative, executive, and judicial — with universal suffrage for citizens aged 18 and over. The Constitution also provides possibilities of direct democracy, namely petitions and national referenda. In the Bulgarian Constitution, Article 6 affirms that each person is equal before the law. It is forbidden to restrict rights and allow privileges based on race, nationality, ethnicity, gender, origin, religion, education, disability, political orientation, personal and community state or property status. However, in Bulgaria there are no specialized national programs * Mihail Fenerov, contracted researcher by Delphi Association for strategic management (in the city of Burgas), in collaboration with Apostol Stoichev. 101 102 Mihail Fenerov for preventing and eradicating discrimination. In this context, the only operative program is the “Human resource development” (2014–2020), financed by the European Social Fund. According to Priority Axis 2, the main investment priority concerns “Integration of marginalized communities as Roma” and implies the “Development of local communities and overcoming negative stereotypes”, as a preventive approach against discrimination and marginalization. In 2003, the Parliament approved the first Equality Law as to introduce legal remedies against discrimination. The law is still in force today; it regulates protection against all forms of discrimination and helps to prevent it (ex ante). The purpose of this Equality Law is to provide every person with equal treatment and opportunities as to achieve everyone’s full empowerment and participation in society, and to provide effective (legal) protection against discrimination. This law protects all individuals on the territory of the Republic of Bulgaria against discrimination, as well as associations of individuals and legal entities. Any direct or indirect discrimination based on sex, race, nationality, ethnicity, human genome, citizenship, origin, religion or belief, education, beliefs, political affiliation, personal or social status, disability, age, sexual orientation, family position, property status or any other features established by law or in an international agreement to which the Republic of Bulgaria is a party is prohibited. Harassment, sexual harassment, incitement to discrimination, persecution and racial segregation, as well as the construction and maintenance of an architectural environment that hinders the access of persons with disabilities to public places, shall be considered as discrimination. Nonetheless, the fact that discrimination is not a criminal offence according to the Bulgarian criminal code makes the means of protection against it less effective. Discrimination and Violence Based on Gender Gender discrimination (also known as sexism) is gender–based manifestation of prejudice, discrimination, and/or hatred towards people. According to sexist ideas and prejudice, there are basic differences between the sexes, which predetermine different social roles, sexual freedoms and legal statuses for men and women. An example is the understanding of the dominant position of men, who are superior to women in all areas of life except housekeeping, parenting, needlework, etc., as a result of which The Experience of Burgas and Ruse (Bulgaria) 103 women are denied access to certain professions, and — in some countries — to education and social expression. In Bulgaria, the phenomenon of discrimination against women is highly spread. Taking into consideration the Global Gender Gap Index (2020), the country still does not have a clear policy for encouraging gender equality. The Bulgarian score is 0.727 (where 1 equals parity of genders), which means that the level of discrimination has not been reduced. In the Bulgarian society, there is a certain harmful gender–based prejudice according to which a woman is better able to care for dependent family and household members. The consequences of this social stereotype can be seen in the statistics of the National Social Security Institute (NSSI), which register serious gender inequality in the use of paid leave to care for dependent family members. NSSI data show that, in almost 100% of cases, women are expected to take care of sick members of the family and young children, even when, legally, leave can be used or transferred for use to the man. Another aspect which highlights the discrimination that women are facing is the so–called time indicator. This indicator measures the time women and men spend dedicated their time to unpaid housework and care for children, the sick and the elderly, as well as the time they dedicate to themselves, through sports activities, and participation in cultural events or other. For example, the proportion of women who are daily engaged in cooking or other domestic duties in Bulgaria is 72.9%, while for men it is only 13%. At the same time, the percentage of men who spend at least one hour on entertainment is 60% higher than women. The result of the indicator is lower wages (by 15.4%) and pensions (by 35%), as well as the higher risk of poverty and social exclusion for women in Bulgaria compared to men. From the research conducted, we can also state that — compared with men — women in the private sector in Bulgaria occupy a disproportionately low number of managerial positions, and national legislation does not require a balanced representation of men and women in the composition of company management bodies. The results obtained are based on the total population and show that women earn a lower monthly net wage than men. In 2006, the Gender Equality Law was introduced. The goal of this Law was to promote equality between men and women by means of national public policies. The law also established a national body — the National Committee for equality between men and women — tasked with adopting and implementing a national Action Plan. According to a national representative survey of the “Partners Bulgaria Foundation”, 1 in 4 women are subjected to violence. Roma women are 104 Mihail Fenerov forcibly subjected to early marriages and early pregnancies by their own families in order for them to gain material compensation and goods from their spouse’s family. Some groups of women are particularly vulnerable to “invisible” domestic violence: women with disabilities, elderly women, ethnic and religious minority women, and refugee women. Almost one million Bulgarian women are subjected daily to psychological, physical, sexual and/or economic harassment on the part of their partners. Women are becoming more often victims of gender–based crimes because of traditionally stereotypical notions that a woman is (or better, should be) subordinate to a man. Violence against women is evident in our society. The country is flooded with cases of domestic violence. In 2017, 1 in 4 Bulgarian women was a victims of domestic gender violence. In Bulgaria there is a law that protects individuals from domestic violence. This law establishes victims’ rights, protection measures, and the procedure for their enforcement. Domestic violence is any act of physical, sexual, mental, emotional or economic violence, as well as the experience of such violence, the forced restriction of privacy, personal liberty and personal rights committed against persons who are related, who are or were in a family relationship or in a de facto cohabitation. In the case of domestic violence, the victim has the right to apply to the court for protection. When it comes to the Istanbul Convention, Bulgaria is one of the 21 countries that signed it, but did not ratified it. In 2018, the Bulgarian Constitutional Court ruled that the Council of Europe’s convention on preventing and combating violence against women and domestic violence does not conform with the Bulgarian constitution. The country’s supreme Court ruled that the Istanbul Convention would be anti–constitutional, making its adoption by Parliament almost impossible. The 12–member court ruled by eight to four that the definition of “gender” contained in the Convention is a social construct which “relativizes the borderline between the two sexes — male and female as biologically determined”. It added that, if society loses its capacity to distinguish between a man and a woman, the fight against gender violence would become a formal and unfeasible commitment. The Istanbul Convention was approved by the Bulgarian government in January 2018, but the plan to pass it for ratification in parliament stumbled following criticism, especially from one of the parties of the United Patriots Coalition, VMRO. In December 2018, the party, led by the Minister of Defence, Krasimir Karakachanov, claimed that, through the convention, “international lobbies are pushing The Experience of Burgas and Ruse (Bulgaria) 105 Bulgaria to legalize a ‘third gender’ and introduce school programs for studying homosexuality and transvestitism and creating opportunities for enforcing same–sex marriages”. The Bulgarian Socialist Party, BSP and the Orthodox Church, which had previously backed the convention, then changed their tune and turned against it. VMRO and the BSP welcomed the decision of the court as a victory against “gender ideology”. Human rights advocates, however, are dissatisfied. The Bulgarian Helsinki Committee, BHC, a prominent rights watchdog, called it “the worst human rights decision in the court’s history, and by a large measure”. Sadly, no national legislative reforms have been registered in the past three years. However, there are certain strategies and priority areas which include: increasing the participation of women on the labour market and providing equal level of economic independence, decreasing the differences by gender in salary and income, promoting equality between women and men in the decision–making processes, combating gender– based violence and providing protection and support for victims, changing the existing gender stereotypes in different spheres of society. At this moment, Bulgaria also lacks national strategies and plans to support the LGBT community and laws in this sphere. Discrimination and violence based on gender cannot be measured on a local level in Bulgaria. All we can do here is speculate that violence against women is higher in rural areas due to the lack of education, security and minimized law enforcement. In the territory of Burgas, the NGO “Demetra” is working on the matter. The organization has a shelter for children and victims of violence and trafficking, which was instituted 10 years ago, with capacity for 8 people. The centre receives help from the Municipality of Burgas and the national budget contributes to its activities, too. This centre is geared towards recovery from mental traumas while promoting the social and legal protection of its guests. Discrimination and Violence Based on Migration Migrants are often the target of racial discrimination and violence due to the fact that they do not speak the native language and do not know the local culture and traditions. Often, they lack the support of family and friends. Hate speech and hate crimes are persistent, mainly targeting ethnic minorities, Turks, Roma, asylum seeker citizens and migrants. These groups are also highly vulnerable to hateful violence. In addition, these people are also 106 Mihail Fenerov strongly discriminated against online. Unfortunately, online disinformation and hateful content represent the only tools by which adolescents and some adults build their positions towards people from third countries. In recent years, there have been several aggressive public campaigns in Bulgaria. Migrants and refugees were, and continue to be, attacked by nationalist far– right movements and they are involved in political clashes. The total number of applicants for international protection in 2019 for Bulgaria is 2152. In recent years, the number of migrants and refugees arriving in Bulgaria has decreased, but cases of excessive use of force and robberies on behalf of border guards continue. Illegal border crossing remains a criminalized act, leading to the detention of migrants and refugees, including unaccompanied children. Human rights organizations document numerous cases of abuse of refugees and asylum seekers as also the existence of abnormal conditions in detention facilities. The Bulgarian legal system offers protection towards migrants, in particular thought its asylum and refugee law. This law determines the terms and conditions for granting protection to foreigners on the territory of the Republic of Bulgaria, as well as their rights and obligations. The protection that the Republic of Bulgaria provided to foreigners includes asylum, international protection, and temporary protection. International protection is granted under the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951, and the Protocol relating to the Status of Refugees, 1967, both ratified by means of statutory law which enshrined international human rights instruments, the refugee status and the humanitarian residence permit. Temporary protection is provided in the event of a mass influx of foreigners who are forced to leave their country of origin due to armed conflict, civil war, foreign aggression, human rights violations or large–scale violence in the territory of the country or in a particular area of said country and who cannot for those reasons return there. The most recent legislative measures on this topic are the ones from July 2018 when the government adopted the Ordinance on the Integration of Refugees, but also it failed to provide its effective implementation. According to UNHCR, the ordinance failed to cope with the permanent problem of non–working municipalities which do not create favourable conditions for the integration of migrants in their local communities. The ordinance also failed in its attempt to overcome the gaps in refugee access to social housing, to family benefits for children and to language training, all of which limits use of social and economic benefits. Unfortunately, there are no relevant local policies which we can discuss. The Experience of Burgas and Ruse (Bulgaria) 107 Indicative Bibliography BTV Media Group, Every four Bulgarian woman there is a victim of domestic violence, 2017, https://btvnovinite.bg/bulgaria/vsjaka-chetvarta-balgarka-e-bi la-zhertva-na-njakakav-vid-domashno-nasilie.html. Bulgaria National Social Security Institute (NSSI), https://www.nssi.bg. Bulgarian Asylum and refugees’ law, 2002, https://lex.bg/laws/ldoc/2135453184. Bulgarian Helsinki Committee, Are Women Discriminated in Bulgaria?, 2016, https://www.bghelsinki.org/bg/news/diskriminirani-li-sa-zhenite-v-blgariya/. Bulgarian Law for Protection against Discrimination, 2004, https://www.lex.bg/ laws/ldoc/2135472223. Bulgarian Law for Protection against Domestic Violence, 2009, https://www.lex.bg/ laws/ldoc/2135501151. Bulgarian Law for the Equality between Men and Women, updated 2016, https://www. lex.bg/bg/laws/ldoc/2136803101. Gatev H., The Istanbul Convention is Intolerant of Individual Countries, 2018, https://dariknews.bg/novini/bylgariia/istanbulskata-konvenciia-podhozh da-netolerantno-kym-otdelnite-dyrzhavi-2111737. Members of the Seventh Grand National Assembly, Constitution of the Republic of Bulgaria, 1991, https://www.parliament.bg/en/const/. The Sofia Globe Staff, UNHCR welcomes Bulgaria’s new ordinance on refugee integration but points to gaps, 2017, https://sofiaglobe.com/2017/07/24/unhcr-wel comes-bulgarias-new-ordinance-on-refugee-integration-but-points-to-gaps/. World Economic Forum, The Global Gender Gap Report 2020, 2020. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/979125994029210 pp. 109-116 (March 2021) Tackling Discrimination and Violence in the R&C Territories The Experience of Praia (Cape Verde) Paulino Oliveira Do Canto* Introductory Overview Cabo Verde is an archipelagic country, located on the West African Coast, approximately 500km from Senegal, formed by ten islands, which are divided into two groups, Barlavento (Santo Antão, São Vicente, Santa Luzia, São Nicolau, Sal and Boa Vista) and Sotavento (Maio, Santiago, Fogo and Brava). Cabo Verde is a Democratic Republic based on the principles of popular sovereignty, political pluralism and respect for fundamental rights and freedoms. The Republic of Cabo Verde recognizes and respects the unitary nature of the State, its pluralist democracy, the separation and interdependence of powers, the separation between religions and the State, the independence of the judiciary, and it recognizes the existence and autonomy of local powers and the democratic decentralization of Public Administration. Gender equality is a universal human right and a global commitment recognized in several international legal sources. The Constitution of Cabo Verde’s Republic in its first article, recognizes the equality of all citizens before the law, without distinction of social origin or economic situation, race, sex, religion, political or ideological convictions and social condition, and ensures full exercise of fundamental freedoms by all citizens. In Cabo Verde, (direct and indirect) discrimination is criminalized; this includes sexual harassment, racial discrimination, and physical violence or damage to a person’s moral integrity, in accordance with the Civil Code (article 68), the Penal Code (articles 152 and 270) and the Universal Declaration of Human Rights to which Cape Verde ascribes. The Cape Verdean Constitution, the Family Code, an integral part of the Civil Code, the Labour Code and the Criminal Code firmly stress respect towards men and women’s equal rights and contain provisions that inhibit practices and behaviours that * Paulino Oliveira Do Canto, researcher from the University of Cape Verde (Uni–CV). 109 110 Paulino Oliveira Do Canto undermine discrimination. This has transversally led to concrete action within the Cape Verdean society, from data gathering to awareness campaigns, constituting one of the fundamental pillars of Cabo Verde’s development (9th Legislature Government Program, 2016–2021). The Cape Verdean legal framework points out that national laws, alone or based on international and regional agreement, shall remove any obstacles to full equality of opportunity between men and women in social, cultural and economic life and promote equal access to all. In this sense, authorities are encouraged to develop positive actions. Concerning discrimination for migration reasons, the definitions of migration policies is centralized on a national level and is regulated by the former National Directorate of Immigration, which was recently replaced by the High Authority for Immigration and is part of the Ministry of Family and Social Inclusion. However, local governments have the competence to promote policies for the social integration of migrants and can be responsible for proposing and coordinating migration policies. For instance, the Municipality of Praia, capital of Cabo Verde, is part of the National Immigration Council and has a municipal plan for the integration of immigrants. Discrimination and Violence Based on Gender Cabo Verde ranks 52nd out of 153 countries, according to the Global Gender Inequality Index (2020). With the exception of Educational Attainment, which achieves relatively good results (104), the remaining Indicators need deep work and more effective interventions, namely in terms of economic participation and opportunities (15), health and survival (80) and political empowerment (89). These results show, on one hand, some progress, particularly in relation to investments in human capital; on the other hand, they point out the persisting challenges in achieving women empowerment in all spheres of society, mainly in the labour market and participation in decision–making. Regarding gender–based violence, the National Statistics Institute (2019) data shows that about 15.7% of women suffered acts of physical violence. In 2005 the data showed that 19.6% of women reported to have suffered physical, emotional or sexual violence; more recently, the data registered an increase to 20.4%, in 2018. The situation is more critical in terms of emotional violence, which also increased to 15.4% in 2018, against 14% in The Experience of Praia (Cape Verde) 111 2005. Overall, national data calls attention to intimate domestic violence; 15.2% cases concern married women who suffered physical violence at the hands of their partner. 89% of victims of GBV are female. Victims aged 22 to 30 years old represent 34.7% of the total, and 31– to 45–year–olds women represent 31% (INE, 2017). According to a study by the Cape Verdean Institute for Gender Equality and Equity (ICIEG, Portuguese acronym), in partnership with the United Nations Development Program (UNDP), the number of GBV cases in Cabo Verde has decreased by about 52.6% from 2016 to 2019 (ICIEG/UNDP, 2019). It appears that, according to the data from the State Prosecutor, complaints of GBV have decreased to less than 24%, that is, a decrease of around 154 cases and, equally, the National Police data indicated a decrease of 34.8%. This decrease is largely due to the awareness raising and information campaigns, which are necessary preconditions for any change. This means that information dissemination, training and awareness campaigns on gender equality issues are essential. In addition, in 2019, GBV became a priority prevention crime, according to Law No. 52/IX/2019, which approves the amendment to the criminal policy enforcement regime, now classifying GBV as a priority prevention crime. This means that, today, there is equality in the treatment of judicial proceedings and recognition of the emergency for the eradication of GBV within Cape Verdean society. Although there has been a decrease in violence, it is important to note that the Prosecutor’s offices still receive, on average, 2.500 GBV complaints per year. In 2018 year alone, Cabo Verde recorded eight cases of femicide, which involved women who were leaving their partners. However, in 2019, due to awareness campaigns and a strong partnership with the National Police, there were significant gains in the fight against GBV and femicide, having registered a decrease of 90% (only one case). Lastly, it is important to mention an ongoing study which is being conducted by ICIEG whose objective is to understand the phenomenon, identify the aggressor profile and indicate the institutional responses to the phenomenon. Finally, the most sensitive challenge concerns gender–based stereotypes. These are social stereotypes which, unfortunately, confirm the fact that Cabo Verde remains a country with a strong patriarchal and sexist tradition, and a very asymmetrical relationship between men and women. Overall, the perception of gender discrimination is relatively higher for the LGBTQI community. Therefore, there are still some challenges related to reporting sexual harassment cases and collecting data to better understand better the phenomenon. Similarly, a lengthy judicial process may lead to negative impacts. 112 Paulino Oliveira Do Canto Recent legislative interventions Among the most recent positive actions, it is worth mentioning: the II National Action Plan for Human Rights and Citizenship 2017–2022, which provides for the creation of an Observatory for the monitoring and rapid identification of human trafficking situations; the Elaboration of the V Strategic Plan for Gender Equality, the adoption of the first Inter ministerial Committee for gender approach, by Resolution No. 103/2018, which aims to monitor the effectiveness of the mainstreaming of the gender approach in public policies; the Parity Law approval No. 68/IX/2019, which requires parity in political representation, to be at least 40% of each sex, in the lists of candidates for political power bodies, such as National Assembly, City Council, Municipal Assembly and others political structures; the creation of the Victim Support Fund; Resolution No. 143/2017, which approves the National Care Plan, 2017–2019, with the objective of creating the institutional, technical and financial conditions to implement a care network for the most vulnerable people and transversal policies to promote gender equality. To this end, the Municipality has implemented specific training programmes, as to professionally assist individuals who are mostly vulnerable to discrimination. Recent local policies The Praia Municipality, as Cabo Verde’s Capital, has been actively involved in programs and policies on gender strategies. In addition, it has hosted major public meetings and conferences on gender policies, both nationally and internationally. The 2016–2020 Municipal Governance Program, Gender Equality and Equity, constitute a fundamental pillar for the achievement of innovative interventions as to develop social solidary and an educationally evolved City. In this sense, the city has developed a set of gender policies, among which the following stand out: the Gender and Empowerment Program, which aims to create opportunities for training, jobs and economic empowerment of women and adolescents who belong to single parents families and vulnerable families; the establishment of the Gender Alert Program, which aims to inform communities about the importance and scope of the GBV Law; the implementation of training courses for young educators, which has enabled the construction of positive best practices in schools, combating all forms of discrimination based on gender and homophobia; the participation in the “Recognize & Change The Experience of Praia (Cape Verde) 113 Praia” project; and the elaboration of the Municipal Plan for Gender Equality and Equity (this is still in progress). Discrimination and Violence Based on Migration Although there have been no cases of physical violence motivated by migration, such as xenophobia, and social segregation due to racial or ethnic issues, ethnic discrimination persists in Cabo Verde, particularly towards African citizens. They are often discriminated when entering the Cape Verdean borders, on the grounds of their skin colour. In general, they are excluded from the ideal profile for the migratory political project provided by the Cabo Verde State/Government. In this sense, complaints have been increasingly frequent, and include diplomatic interventions on behalf of the immigrants’ countries of origin. Indeed, African immigrants are more vulnerable in terms of social integration: they usually lack legal paperwork, which explains the absence of a residence contract or precarious work conditions. This leads to immigrants being discriminated, exploited, or completely lacking social protection. Recent legislative interventions In recent years, Cabo Verde has developed a series of positive actions and legislative interventions which promote immigrants’ social integration. Among the main aspects, we highlight the implementation of the II Action Plan for Immigration and Social Inclusion of Immigrants (2018–2020); the elaboration of the National Plan to combat the trafficking of persons 2018– 2021 by Resolution 40/2018; the project to promote the social integration of immigrants (PISI, Portuguese acronym), which, by strengthening the capacity of organized civil society (NGOs, associations), seeks to promote civic participation and integration of immigrants in Cape Verdean communities and society; the Multiculturalism project (Promul, Portuguese acronym), which aims to prepare, systematize and disseminate information, studies, and awareness–raising activities on immigration and the integration of immigrants. And finally, the project to protect immigrants in at risk situations. As for the most recent legislative intervention, Decree–Law No. 46/2019 stands out, as it creates and regulates the Support for Voluntary Return, establishing the procedures of support and social assistance to foreign citizens who wish, voluntarily, to return to their countries of origin. 114 Paulino Oliveira Do Canto Recent local policies The majority of immigrants reside on the island of Santiago. This accounts for 56.8% of immigrants; 43.5% of them live in the city of Praia. For this reason, the Praia City Council, in partnership with the General Immigration Office, drew up a Municipal Plan for the Integration of immigrants from Praia City through Resolution No. 16/2019. Services provided include training for immigration associations which are pioneering in the field of gender; public events and parties for foreign communities; information sharing sessions for immigrants on access to basic services, e.g. education, health, social security, regularization and convention; the financing of 29 projects to associations and NGOs from immigrant communities in Cabo Verde, with approximately 1,000 direct beneficiaries in the field of literacy, small business management, crafts, language courses and professional training; the creation of Immigration Service Offices, and the implementation of the Project to Strengthen immigration management and social integration of immigrants at the Municipal level. Concluding Remarks Cabo Verde, although it has a set of legal mechanisms to combat the gender discrimination, in practical terms it seems insufficient, when it comes to prioritizing the actions that effectively promote gender equality. Generally speaking, actions are limited to GBV problems and focus more on violence against women. Even though the official data shows a drop in terms of statistics, the same data must be put into perspective due to fact that many cases of violence are not reported, especially those that happen in the family environment. Additionally, Cabo Verde tends to be overly concerned in projecting the objectives of an imported gender agenda with a global focus and predefined goals, inserting timidly crucial endogenous factors in the design of its own gender strategies. It is believed that the way gender issues are perceived in Cabo Verde is relatively out of step with the local reality due to the fact that (local) social and cultural dimensions are not taken into account. Furthermore, there is a lack of political will to effectively implement gender strategies in compliance with legally binding commitments, which consequently aggravates gender inequalities. Public policies and positive actions in favour of equality are, in most cases, reactive rather than preventive. Lastly, there’s the colonial heritage The Experience of Praia (Cape Verde) 115 that formed a society based on sexual and racial violence and the structural machismo that has persisted until today. As for the migration phenomenon, Cabo Verde has a remarkable legislative framework, at national and international level, protecting immigrants, refugees and asylum seekers looking for admission and integration. Although Cape Verdean law criminalizes racial discrimination, said discrimination persists, particularly on the migrant African community, despite such racism being denied. It is necessary to highlight that, in recent years, the actions of the Cape Verdean Government concerning migration appear to be more of a result of pressure exerted by the international community due to specific cooperation programs, migration protocols and border management. As a matter of fact, due to its geostrategic location, Cabo Verde is considered to be a European “buffer zone” which connects the three continents — America, Africa and Europe — and it is also a gateway to the African continent. This is why migration is perceived as a supranational (rather than domestic) political agenda. According to the National Statistics Institute (2018), the country has approximately 14,000 immigrants; however, data on the number of immigrants illegally living in the country is lacking, making it difficult to know the exact number of immigrants living in Cabo Verde. The most critical situation is the pressure of rural exodus, which has had direct consequences on the depopulation of some areas, for example, Santo Antão island. The rural exodus has resulted in the exacerbated concentration of economic resources in cities which are considered the main country development poles, such as Praia City (Santiago island), Mindelo (São Vicente island) Santa Maria (Sal island) and Sal Rei (Boa Vista island). These cities are faced with urban delinquency and criminality of different natures, precarious housing conditions, poor sanitation conditions and a failed urban environment. Therefore, we believe that education is a determining factor for an increasingly equitable society. It is essential to create institutions and monitoring mechanisms to supervise the respect for equal rights and evaluate the implementation of public policies and legal norms; however, education must also feature a preventive character. Likewise, it would be advisable to create an Alert and Rapid Response System as a preventive measure and awareness teams to disseminate information to communities; lastly, legal mechanisms that assign responsibilities for those who conceal crimes based on gender and racial discrimination should also be created. 116 Paulino Oliveira Do Canto Indicative Bibliography Barros C.M. de, Análise de Género e Plano de Ação de Género (GAP 2016–2020) no âmbito da cooperação UE – Cabo Verde, União Europeia e Cabo Verde, (2016), available at https://eeas.europa.eu/sites/eeas/files/gapcv_2016-2020_pt_0.pdf. Instituto Cabo–Verdiano para Igualdade de Equidade de Género, Retrospetiva 2019: 25 anos sob signo da Paridade e de menos VBG, 2019, available at https:// www.icieg.cv/images/phocadownload/retrospetiva2019.pdf. Instituto Nacional de Estatísticas de Cabo Verde & Ministério da Saúde e da Segurança Social, Principais resultados preliminares do Terceiro Inquérito Demográfico e de Saúde Reprodutiva (IDSR–III), (2019), available at: http://ine.cv/wp-content/ uploads/2019/02/apresentacao-resultados-preliminares-_idsr_iii.pdf. Instituto Nacional de Estatísticas de Cabo Verde, Estatísticas do Mercado de Trabalho 1o semestre de 2019, available at http://ine.cv/wp-content/uploads/ 2019/12/imc_2019_2t_estatisticas_mercado_trabalho_nota_imprensa_30_ dez_19.pdf. Instituto Nacional de Estatísticas de Cabo Verde, Estatísticas das famílias e condições de vida: Inquérito Multi–Objetivo Continuo 2018, available at: http://ine. cv/wp-content/uploads/2019/07/imc_condicoes-de-vida_2018-_-site_.pdf. Instituto Nacional de Estatísticas de Cabo Verde, Mulheres e Homens em Cabo Verde: Factos e Números, 2017, available at: http://ine.cv/wp-content/uploads/ 2018/03/mulheres-e-homens-em-cabo-verde-factos-e-numeros-2017.pdf. Oliveira P., Mobilidades, fronteiras e integração regional: livre circulação de pessoas na CEDEAO? o caso de Cabo Verde, Uni–CV, Praia 2020, (Dissertação de mestrado). República de Cabo Verde, Programa do Governo da IX Legislatura (2016–2020), available at: https://www.icieg.cv/images/phocadownload/Programa-doGoverno-da-IX-Legislatura-2016-2021.pdf. World Economic Forum, The Global Gender Gap Report 2020, 2020, available at http://www3.weforum.org/docs/WEF_GGGR_2020.pdf. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/979125994029211 pp. 117-123 (March 2021) Tackling Discrimination and Violence in the R&C Territories The Experience of Dunkirk (France) Besmira Gurguri* Introductory Overview France is a unitary republic and “its organization is decentralized”. This is stated in the Constitution of the Fifth Republic dated October 4, 1958, which is the fundamental legal text governing the French legal order. This decentralized organization is characterized by three–levels of territorial administration: the regions, the departments and the communes, which benefit from freedom of administration and financial autonomy (autonomous budget). This organization does not encroach on the legislative power, which remains the exclusive prerogative of the Parliament. As a matter of fact, the Parliament, composed of two assemblies — the National Assembly and the Senate — votes all laws, controls government action and evaluates public policies. The local authorities, for their part, are limited to a regulatory power conferred to them by parliament (decrees, orders, etc.). This separation of roles in legislative and regulatory matters reflects the separation of the three constituent powers of the organization of France: legislative power, executive power and judiciary power. It should be noted that, in the context of monitoring compliance with the law and punishing offenders, which is the exclusive responsibility of the judiciary power, the latter can enrich the interpretation of legal texts by means of what is known as jurisprudence. The principle of equality of citizens is laid down in the 1958 Constitution, which incorporates the principles of the Declaration of the Rights of Man and of the Citizen of 1789 and the Preamble to the 1946 Constitution. Since 2008, French legislation incorporates international and European criteria to define the main forms of discrimination: * Besmira Gurguri in collaboration with Laura Murphy and the City of Durkirk. 117 118 Besmira Gurguri — “Direct” discrimination is “the situation in which a person is treated less favourably than another in a comparable situation and on the basis of their origin, sex, family situation, pregnancy, physical appearance, particular vulnerability resulting from their economic situation, apparent or known to the perpetrator, their surname, place of residence or bank account, state of health, loss of autonomy, handicap, genetic characteristics, morals, sexual orientation, gender identity, age, political opinions, union activities, ability to express himself in a language other than French, membership or non–membership, real or supposed, of a particular ethnic group, nation, alleged race or religion. — “Indirect” discrimination such as “a provision, criterion or practice which is seemingly neutral, but which is likely to place individuals at a particular disadvantage compared with other individuals on any of the grounds mentioned in the first paragraph, unless that provision, criterion or practice is objectively justified by a legitimate aim”. With regards to the concept of “violence”, French law defines it either as criminal offence or aggravating circumstance which violates the individual integrity (Articles 222–7 et seq. of the Criminal Code). Under civil law, violence is any act, whether deliberate or not, which causes physical or moral disorder to the victim, with harmful consequences for his or her person or property. French law makes no distinction in its definition between gender–based violence, violence linked to a person’s cultural origins and other forms of violence. Nevertheless, the gender identity or ethnic origin of the victim may be taken into account when evaluating the aggravating circumstances of the offence. These circumstances are distinct from, and should not be confused with, the legal, moral and material element of the offence. Discrimination and Violence Based on Gender The question of equality of women and men is no longer one of principle but of effectiveness. Indeed, despite the progressive laws adopted, inequalities exist and are reflected in gaps between the two sexes in all areas of life (education, work, politics, etc.). Various laws have enabled women to access rights that were prohibited or reserved exclusively for men, including the right to vote (1944), the The Experience of Dunkirk (France) 119 right to work and open a bank account without their husband’s permission (1965), the right to abortion (1975), the law on equal pay for women and men (2006). However, the Act of 4 August 2014 is particularly important because of its multidimensional nature, taking into account both equal treatment and the fight against gender–based violence. Recent French legislative reforms: the “great national cause” It is important to note that gender equality is one of the key priorities for the current Presidency and has been declared a “Great National Cause” of the five–year term. Since October 2017, many legislative measures have been taken and have strengthened the legal tools in the fight against discrimination against women: — Law No.2018–771 of 5 September 2018 “for the freedom to choose one’s professional future”, to promote substantive equality in the professional world. — The Grenelle of 25 November 2019 against violence against women. Almost fifty measures have been established around three main axes: prevention, protection and care, and prosecution. — The 5th National Plan to combat all forms of violence against women (2017–2019). — The 1st Inter–ministerial plan for professional equality between men and women (2016–2020). The emergence of the question of “intersex” Intersex persons are individuals whose physical characteristics (hormones, genitalia) do not correspond to what is usually attributed to the female or male gender, because they were born with an atypical sexual anatomy. According to the United Nations, intersex people represent 0.05% to 1.7% of the world’s population. They are victims of social taboos and surgical interventions at birth or during childhood, with the aim of “normalizing” them and assigning them a gender. In France, the law is far from recognizing the third gender. At present, it knows and accepts only two genders: male and female, and the child must be declared to the civil registry office within 5 days after birth. French law does not allow the indication of a sex other than male or female to appear in civil status records. 120 Besmira Gurguri Local gender policies At the level of the City of Dunkirk, the issue of discrimination and gender–based violence is taken into account in the framework of municipal policies which aim at preventing and fighting against all forms of discrimination. The fight against sexist discrimination has been implemented in the Anti–Discrimination Plan since 2017, which also includes the Recognize & Change project. The City is also committed to promoting gender equality through the implementation of the Act dated August 4, 2014 on true equality between women and men. This law requires local authorities, particularly municipalities with more than 20,000 inhabitants, to draw up and present an Annual Report on the situation regarding equality between women and men to the City Council. Since 2018, the City of Dunkirk has been complying with this legislative obligation. The report presents an assessment of the policies carried out by the municipality on its territory in favour of gender equality. It includes guidelines and a program of actions to be carried out in the medium and long term to correct the inequalities observed. In addition, the city provides financial support to local associations working in this field. To conclude this section, we can see that in recent years many institutional measures and plans have been put in place to promote equality between women and men in all areas. Moreover, the development of the #MeToo movement has had a significant impact on increasing the condemnation of all forms of violence against women and has strengthened solidarity and legislative developments. However, gender equality is still fragile, and many inequalities persist in France. A woman dies every three days as a result of being beaten by her spouse or ex–spouse; every year, 225,000 women are victims of violence carried out by their partners; 84,000 face an attempted rape or are victims of rape; and eight out of ten women are afraid to go out alone in the evening. In addition, since March 17, the Covid–19 pandemic has played a significant role in the increase in domestic violence and it appears that home is far from being the safest place for many women. In these difficult times, the issue of domestic violence has become a priority for the government, as victims have fewer means of alerting or seeking help, being confined to their houses and under constant surveillance by their abusers. Several measures have been put in place to protect victims and put an end to dangerous cohabitations. The Experience of Dunkirk (France) 121 Discrimination and Violence Based on Migration Since there is no legal definition of the term “migration” and its interpretation may vary from country to country, it should be pointed out that, in this part of the report, we will use the International Organization for Migration’s definition of the term “migrant”. A “migrant” is any person who, leaving his or her place of habitual residence, crosses or has crossed an international border or moves or has moved within a State, irrespective of: (1) the legal status of the person; (2) whether the movement is voluntary or involuntary; (3) the causes of the movement; or (4) the duration of the stay. Currently, immigration figures in France are relatively stable. Each year, the number of entries into the territory varies between 200,000 and 250,000 persons per year and the number of naturalizations varies between 180,000 and 200,000 per year. Recent French legislative reforms The Law of September 10, 2018 is for “controlled immigration”, effective asylum, and successful integration. According to the government, the aim of this Law is to simplify procedures and take care of certain types of immigrants. However, this Law also contains measures to reduce immigration, weaken the fundamental rights and guarantees of migrants and increase institutional abuses. On November 6, 2019, the Government presented the 20 measures that constitute the main lines of its migration policy. They are the conclusions of a debate on the issue of migration that took place in Parliament in October 2019. As far as immigration legislation and policies are concerned, there is still a great deal of fluctuation between tightening and opening. Overall, French law, similarly to the law of other European countries, has been tightened in recent years. The issue of illegal immigrants remains unresolved and is at the centre of France’s restrictive migration policies. The migration policies of the City of Dunkirk In France, so–called “migration” policies fall within the exclusive competence of the State. However, because it is the cities that receive migrants, municipal policies cannot ignore them. This is why several cities initiate or support actions to welcome and assist immigrants. 122 Besmira Gurguri The City of Dunkirk integrates this approach into its municipal policies. Thus in 2017, this issue was addressed and integrated into the Anti– discrimination Plan adopted by the City Council. Financial support has been provided to associations that support migrant groups in their integration and protection efforts. Lastly, specific actions have been carried out in conjunction with local associations, such as ensuring the right to hygiene for refugees in the Grande–Synthe camp, providing free access to showers. To conclude this last part, more and more international associations and agencies are condemning violations of human right against migrants and are committed to protecting them. Furthermore, they emphasize respect for equal rights and have urged the French government to adopt legislation and practices in line with the UN General Assembly’s Declaration of Human Rights Defenders. Although various measures have been taken to address these phenomena of violations against immigrants, and while free information is widely available, professionals know very little about these rights. As a result, the rights of immigrants, asylum seekers or refugees may be violated or not respected. Indicative Bibliography First Inter–Ministerial Plan for Professional Equality between Men and Women, (2016– 2020), https://www.egalite-femmes-hommes.gouv.fr/dossiers/egalite-profes sionnelle/le-1er-plan-interministeriel-en-faveur-de-legalite-professionnelle/. Government Action Program against violence and discrimination based on sexual orientation or gender identity, 2012, http://femmes.gouv.fr/wp-content/uploads/ 2012/11/violence_v5+_06-2011.pdf. Hauchard L., De la Binarité Sexuelle à la Reconnaissance d’un Troisième Sexe Neutre?, «Le Petit Juriste», 2018, https://www.lepetitjuriste.fr/de-binarite-sexuelle-areconnaissance-dun-troisieme-sexe-neutre/. La Politique de Lutte contre les Violences Sexistes et Sexuelles Faites aux Femmes, https://arretonslesviolences.gouv.fr/l-etat-vous-protege/politique-de-luttecontre-les-violences-faites-au-femmes. Law No. 2018-771 of 5th September 2018, “pour la liberté de choisir son avenir professionnel”, (in French) at https://www.legifrance.gouv.fr/affichTexte.do? cidTexte=JORFTEXT000037367660&categorieLien=id. The Experience of Dunkirk (France) 123 Law No. 2018-778 of 10th October 2018 “pour une immigration maîtrisée, un droit d’asile effectif et une intégration réussie”, https://www.legifrance.gouv.fr/jorf/ id/JORFTEXT000037381808/. Légifrance, Le Service Public de la Diffusion du Droit, https://www.legifrance. gouv.fr/. Ministre délégué chargé de l’Égalité entre les femmes et les hommes, de la Diversité et de l’Égalité des chances, https://www.egalite-femmes-hommes.gouv.fr/. Ministry of Families, Children and Women’s Rights, Report on Gender Equality, 2016, https://www.egalite-femmes-hommes.gouv.fr/wp-content/up loads/2016/06/Guide-art-61.pdf. National Grenelle against Gender (Domestic) Violence, 2019, https://www.egalitefemmes-hommes.gouv.fr/un-grenelle-des-violences-conjugales-pour-luttercontre-les-feminicides/. Tanca L. & Lepoivre A., La France est–elle un des pays les plus touches par les féminicides en Europe?, 2019, https://www.bfmtv.com/societe/la-franceest-elle-un-des-pays-les-plus-touches-par-les-feminicides-en-europe_AN201909030002.html. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/979125994029212 pp. 125-131 (March 2021) Tackling Discrimination and Violence in the R&C Territories The Experience of Ermoupolis (Greece) Dimitrios Paraskevopoulos in collaboration with Stratos Georgoulas* Introductory overview According to the administrative division of Greece, from September 2019, the country is divided into 7 decentralized administrations, 13 Regions, 332 Municipalities (among them the Municipality of Ermoupolis Syros) and 4783 Communities. Within the Greek territory, the Constitution is the primary legal source, and it prevails in comparison with statutory laws, presidential decrees and the administrative acts. At the same time, being a member of the European Union, Greece must, among other things, be in line with the EU regulatory framework. The role of regional and territorial administrations within the Greek legal order lies, on the one hand, in the transfer of decisions and policies taken at the central level to the local level and, on the other hand, in their adaptation to local needs and particularities. In addition, feedback is provided to the decision centre and based on that, it is possible for policies designed and implemented at regional and local level to be encouraged and assisted by national governments and supranational organizations. The principle of equality in the legal order of Greece is included in the Constitution. According to article 4 par. 1 “Greeks are equal before the law” and par. 2 “Greeks have equal rights and obligations”, while at the same time Article 116, par. 2 of the Constitution emphasizes that “it is not discrimination on grounds of gender to take positive measures to promote equality between men and women. The state takes care of removing the inequalities that exist in practice, especially to the detriment of women”. Furthermore, according to Article 5, paragraph 2 of the Constitution “All Dr. Dimitrios Paraskevopoulos, University Scholar at the University of the Aegean (Department of Sociology), in collaboration with Stratos Georgoulas, Deputy Head of the Department of Sociology, Professor of Criminology at the University of the Aegean (Department of Sociology), Director of Post–Grad studies ETKAS, Scientific Director of EKNEXA (Laboratory of Sociology, Youth, Leisure and Sports). * 125 126 Dimitrios Paraskevopoulos those who are in the Greek Territory enjoy the absolute protection of their life, honour and freedom, without distinction of nationality, race, language and religious or political beliefs. Exceptions are allowed in cases provided for by international law. It is forbidden to extradite a foreigner who is being persecuted for her/his action in favour of freedom”. Also, according to Article 25, paragraph 2, the recognition and protection of the fundamental and inalienable human rights by the State aims at the realization of social progress in freedom and justice. Discrimination and Violence Based on Gender In Greece, qualitative and quantitative data on the phenomenon of discrimination and gender–based violence continue to raise concerns about the effectiveness of law enforcement and, consequently, highlight the shortcomings of the legislative interventions. The Global Gender Gap Reports data of the World Economic Forum show significant differences between men and women in Greece, according to a number of indicators (labour and economic participation of women, income, women in managerial positions, women in parliament, women in ministerial positions). The qualitive data concerning the LGBTQI communities highlight the phenomena of bullying in the field of education, the discrimination in the healthcare services (lack of trust and fear of exposure), abuse and humiliation, “psychiatrisation” of gender identity, hate speech by the media, and so on. In terms of levels of gender–based violence, from 2012 to 2017, almost a 50% increase was recorded. Regarding the reported crimes of sexual violence, regardless of gender, a corresponding growth is recorded, with the exception of the period 2016–2017, in which there was decrease. Moreover, the Violence Against Women prevention 24h SOS Helpline 15900 and the network of structures of the General Secretariat for Gender Equality between 19/11/2016 and 19/11/2017 received an increased number of calls and e–mails. In 2018, 3,325 women called the SOS Helpline. According to the latest data, April 2020 was the month with the highest recorded incidents. A worrying increase in calls concerning domestic violence was reported. Indeed, in the period we live in, where the restriction of individual rights is necessary to face the Covid–19 pandemic, there are serious concerns both about the increase in reported incidents of violence and the number of non–reported domestic violence. The Experience of Ermoupolis (Greece) 127 Recent legislative interventions Law 4531/2018 (Government Gazette 62/05.04.2018) includes the “Ratification of the Istanbul Convention of the Council of Europe, Convention on preventing and combating violence against women and domestic violence”. The content of the convention was added to the Greek legislation, mainly amending the legislation on domestic violence (see Government Gazette 232/A/24–10–2006) and a series of articles of the penal code (323A – Trafficking in human beings, 315B – Invitation, etc.). The recent Law 4604/2019 (Government Gazette A’ 50/26.03.2019) constitutes an independent institutional framework for the purpose of eliminating discrimination against women, consolidating gender equality and combating gender–based violence. The main legislative interventions concern: a) increasing women’s participation in political and parliamentary office, b) establishing Equality Plans (integrated and complementary interventions) and c) involving the gender dimension in the design, implementation and evaluation of public policies in the areas of health, education, media, public budgets, the drafting of administrative documents, etc. Concerning LGBT rights, thanks to research efforts and collective demands, an improvement of the institutional framework at the level of political initiative and legislation has been recorded. Law 4356/2015 (Government Gazette A’ 181/24–12–2015), has established the possibility of a cohabitation agreement between two adults, regardless of their gender. Moreover, it has set up the National Council against Racism and Intolerance, which is competent to: i. designing policies to prevent and combat racism and intolerance to ensure the protection of individuals and groups targeted because of race, colour, nationality or ethnic origin, genealogical background, social origin, religious or other identity, disability, sexual orientation or gender, ii. overseeing the implementation of the legislation and iii. promoting and coordinating the action of the bodies involved. Then came Law 4491/2017 (Government Gazette A’ 152/13.10.2017) which established the right to gender identity. Recent local policies The legislation to combat discrimination and the promotion of gender equality provides for the establishment of a Regional Committee for Gender Equality within each region, and for the establishment of a Municipal Equality Committee at the local level. According to Article 5 of Law 4604, 128 Dimitrios Paraskevopoulos the main responsibilities of the above committees are “the design, organization, coordination and implementation of programs to promote gender equality, in accordance with the policies of the GSGE and the National Action Plan for Gender Equality, and initiatives to promote gender equality within their administrative boundaries, as well as the implementation of the European Gender Equality Charter tool in Local Societies, by implementing the commitments made in it to promote the principle of gender equality”. In addition, in this way, “the cooperation of the regional services with GSGE is ensured, in order to facilitate at the regional level, the development of actions and programs related to GSGE policies as well as the directions of the National Action Plan for the Equality of Gender, as they are formed each time”. Therefore, in the formulation of the National Action Plan, local and regional data are taken into account. Non–state entities are mainly involved in the level of prevention, while in some cases they provide data through reports that can be taken into account in drafting national legislation/local policies. In the South Aegean Region, the strategies for prevention and response to the phenomenon of gender violence are included within the “Regional Strategy for Social Inclusion, Fight against Poverty and all forms of Discrimination in the South Aegean region”, within the framework of NSRF (National Strategic Reference Framework 2014–2020), providing for “actions for the benefit of women and to combat violence” (Supporting Women’s Counselling Centres and shelters for women victims). Within the Regional Operational Program of the South Aegean 2014–2020 the following actors are joined and funded: a) Syros Counselling Centre and the Research Centre for Gender Equality (KETHI), b) Rhodes Counselling Centre and the Women’s shelter for the Victims of Violence, c) the Advisory Centre of Kos. Since 2013, on the island of Syros, the Women’s Advisory Centre and The Research Centre for Gender Equality (KETHI) contributes through holistic support for women victims of all forms of violence and their children, while informing and raising the awareness of local communities about domestic violence, as well as strengthening the role of public and local authorities. Discrimination and Violence Based on Migration In 2018, the Network for Recording Incidents of Racist Violence recorded an increase in incidents of racist violence, especially against refugees The Experience of Ermoupolis (Greece) 129 and immigrants, while in 2019 it found an increasing trend in incidents of daily racist violence. Specifically, in 2018, 117 cases of racist violence were recorded, of which 74 concerned the targeting of immigrants and refugees due to ethnic origin, religion and colour and 5 more cases against LGBTQI refugees and asylum seekers. In 2019, a total of 100 incidents of racist violence were recorded, of which 51 were related to the targeting of immigrants, refugees or asylum seekers, due to ethnic origin, religion and/or colour. Recent legislative interventions The Joint European Union–Turkey statement of March 2016 changed the landscape of immigration and refugee crisis in Greece. The following Law 4375/2016 (Government Gazette 51/A/3–4–2016) provided for the organization of new structures for the management of migration flows (Reception and Identification Services and Asylum Services). At the same time, a network of ministerial decisions, mainly in the areas of health and education, was based on the application of the principle of equal treatment, regardless of race, ethnic origin, religion or other beliefs. In 2019, Law 4636 (Government Gazette 169/A/1–11–2019) proceeded to harmonize national legislation with the directives of the European Union (2011/95/EU, 2013/33/EU, 2013/32/EU). Numerous organizations for the protection and defence of human rights (see Working Group on Arbitrary Detention (WGAD) of the Human Rights Council of the United Nations, National Commission on Human Rights etc.) made reports or announcements on the content of this text, pointing out the tightening of the institutional framework through the deprivation of liberty, the possibility of establishing closed Structures for Temporary Reception of third–country nationals or stateless citizens, declassification of social groups from a position of vulnerability (this happened in the case of people with post–traumatic stress disorder, especially survivors and relatives of victims of shipwrecks) and [on the condition of mass arrivals of third–country nationals or stateless persons] assigning the possibility of interviewing applicants for international protection and Greek Police personnel. In addition, in accordance with the provisions of Law 4636, a joint ministerial decision (Government Gazette B’ 4907/31.12.2019) proceeded to the definition of the countries of origin that are characterized as safe, producing an institutional distinction between them and the countries that are unsafe. 130 Dimitrios Paraskevopoulos Recent local policies In the South Aegean Region, the strategies for prevention and response to the phenomenon of ethnic discrimination are included within the “Regional Strategy for Social Inclusion, Fight against Poverty and all forms of Discrimination in the South Aegean region”, within the framework of NSRF (National Strategic Reference Framework 2014–2020), providing for “Refugee Reception Actions – Social Integration of Immigrants” (supporting employment and social integration through counselling services, legal support and intercultural mediation). In addition, several organizations are active in the field of dealing with discrimination (see Prevention Centre “THISEAS” of Cyclades, Antiracist Observatory operates University of the Aegean, Centre for Research and Development of the Holy Metropolis of Syros, Community Centre of the Municipality of Syros–Ermoupolis and Vardakeios School of Ermoupolis). Indicative Bibliography Centre for Women’s Research and Studies “Diotima”, Immediate need for emergency measures for victims of domestic violence, https://diotima.org.gr/ektaktametra-gia-endoikogenaiki-via/ (in Greek). Greek Racist Violence Recording Network & UNHCR, Annual report 2019, https://www.unhcr.org/gr/wp-content/uploads/sites/10/2020/06/ETH SIA-EKTHESH-2019-GREEK.pdf. Liapi M., Giannopoulo C., Tyrovolas T., Kountouri–Tsiami T., Saratsi S., Research on the Combating of Domestic Violence in Refugee and Immigrant Population (Girls, Boys, Women, Men): Availability, Accessibility and Quality of Services Provided in Greece, Centre for Women’s Research and Studies “Diotima”, 2019, pp. 71–74 (in Greek). Moschovakou N., Ntani S.N., Discrimination on the basis of gender identity and sexual orientation: Data, institutional framework and quality investigation, «KETHI», 2018, pp. 146–149 (in Greek). National Commission on Human Rights, Observations in the Draft Law of the Ministry of Civil Protection “on International Protection”, 2019, http://www.circ.gr/ images/pdf/apofaseis/prosfuges_metanastes/Paratiriseis%20EEDA%20 sto%20nomosxedio%20g ia%20Asylo%2024.10.2019.pdf ?f bclid=I wAR1z3ZxqxELK_EjNDQMhgf5DbvA1M-CwVDdpaX_rLV0heasoq15kx PN9sC8 (in Greek). The Experience of Ermoupolis (Greece) 131 Observatory of the General Secretariat for Family Policy and Gender Equality, Gender–based violence, 23rd Informational note. Special Management Office of the South Aegean Region, Strategy for Social Inclusion, Fight against Poverty and all forms of Discrimination in the South, 2015. Vougiouka A., Counselling Tool for the Primary Prevention of Violence against Women, Centre for Women’s Research and Studies “Diotima”, https://diotima.org. gr/wp-content/uploads/2013/07/ERGALEIO-PROLIPSI-1.pdf (in Greek). Working Group on Arbitrary Detention (WGAD), Preliminary Findings from the Visit to Greece (2–13 December 2019), https://www.ohchr.org/Documents/ Issues/Detention/EoM_Greece_10122019_GreekVersion.docx (in Greek). World Economic Forum, Global Gender Gap Report 2020, http://www3.weforum.org/docs/WEF_GGGR_2020.pdf. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/979125994029213 pp. 133-141 (March 2021) Tackling Discrimination and Violence in the R&C Territories The Experience of Turin (Italy) Francesca Finelli* Introductory Overview Italy is a decentralized legal order and is composed of 20 Regions (including Piedmont), 14 Metropolitan Cities (including Turin) and 7,903 Municipalities. Our constitutional system recognizes multiple forms of local governance and it is founded on the principle of subsidiarity. This means that our Constitution establishes both exclusive (centralized) competencies of the State, concurrent competencies, and exclusive (decentralized) competencies of the Regions. Metropolitan Cities and Municipalities, on the other hand, lack legislative autonomy. These territorial units manage administrative functions and have competence for local affairs only. Equality is one of the founding values of our constitutional system. Art. 3 of the Italian Constitution affirms that “All citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion, political opinion, personal and social conditions”. Art. 3 also enshrines substantial individual guarantees. Indeed, it also recognizes that “it is the duty of the Republic to remove those obstacles of an economic or social nature which constrain the freedom and equality of citizens, thereby impeding the full development of the human person and the effective participation of all workers in the political, economic and social organization of the country”. Therefore, Italian authorities are committed to achieving both formal and substantive equality. Concerning gender equality, the Italian Constitution expressively declares that regional laws shall remove any obstacles to the full equality of men and women in social, cultural and economic life and promote equal access to political careers. It follows that Regional authorities are also asked to take Francesca Finelli, Post–Graduate Research Fellow at the University of Turin, Law Department, in collaboration with Mia Caielli, Associate Professor of (Comparative) Constitutional Law and member of the board of directors of CIRSDe (the Research Centre for Women’s and Gender Studies). * 133 134 Francesca Finelli positive actions at the local level. With regard to ethnic discrimination in relation to migration flows, the competence to define migration policies is centralized at the national level. Regions cannot regulate immigration and asylum in an autonomous way. Nevertheless, they are competent for the social integration of migrants and are responsible for the coordination of several assistance measures such as accommodation, healthcare, education, training and language courses. Besides these constitutional provisions, it is essential to remember that Italy is bound by diverse supranational obligations which aim at combating discrimination and violence, while promoting equality. In fact, our domestic legal order must comply with several international and European commitments. At the European level, Italy is bound by EU law (mainly EU Directives and Regulations) issued by EU bodies and interpreted by the Court of Justice of the European Union (CJEU). Moreover, Italy is a contracting party of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), and it is bound by the judicial activity of the European Court of Human Rights in Strasbourg. Furthermore, at the international level, Italy has ratified several UN Conventions, such as the International Convention on the Elimination of All Forms of Racial Discrimination, the 1951 Convention relating to the Status of Refugees, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Concerning gender violence, Italy is also committed to implementing the Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as Istanbul Convention) which was ratified in 2013. Thus, Italian authorities are not alone in setting standards of human rights protection, but they are guided by several supranational bodies and legal sources. Discrimination and Violence Based on Gender Gender discrimination and violence against women are persistent and widespread phenomena in our country. According to the 2020 Global Gender Index, Italy ranks 76th (out of 153 countries). Italian scores are extremely low and gender inequalities are particularly pronounced in the domains of (economic and political) power. In the same way, according to the 2019 EU Gender Equality Index, Italy ranks 14th. Its score is lower than the EU’s average and the lowest of all EU Member States in the domain of work. The Experience of Turin (Italy) 135 Widespread discrimination and violence also concern the LGBT community. However, our legal system is still blinded to homophobic discrimination and violence. These conducts remain legally invisible and non–prosecuted in Italy. Nevertheless, a new legislative proposal is currently under discussion in the Italian Parliament and legislative reforms are expected. Focusing on violence against women, the Italian National Statistics Institute (ISTAT) registers that almost 6.8 million women suffer some form of physical or sexual violence in their lifetime, representing 31.5% of women in our country. In the workplace, 1.4 million women suffer physical harassment or sexual blackmail, representing 8.9% of female workers. Concerning femicides, in 2018, 133 women were murdered in Italy. And finally, the most alarming data concern gender–based stereotypes. These stereotypes confirm that, regrettably, Italy remains a country with a very marked patriarchal tradition, where men’s desire to dominate women is legitimized by a hierarchical and asymmetrical conception of the relationship between men and women. Still a high percentage of the Italian population believes that women who are victims of violence “were asking for it” or provoked it with their behaviour by not conforming to traditional female roles. The data are alarming. It proves that gender violence and its social acceptance are worryingly widespread in this country. Recent legislative interventions The latest legislative intervention addressing gender violence in Italy was approved in July 2019 and is Law No. 69/2019, also known as “the Red Code”. This intervention has introduced several amendments to the Italian Criminal Code and the Criminal Procedural Code. The ultimate objective was to speed up criminal proceedings, ensuring a privileged and accelerated procedure for victims of domestic and gender–based violence (in line with the judgement Talpis v. Italy issued by the Strasbourg Court in 2017, whereby the ECtHR found that the Italian authorities failed to take prompt action in a case of domestic violence). The Red Code also introduced 4 new offences in the Italian criminal system: (i) a new crime concerning the violation of restraining orders and the prohibition to approach places usually frequented by the victim of violence; (ii) the crime of forced marriage; (iii) the crime of “revenge porn”, defined as illicit dissemination of sexually explicit images or videos; and (iv) the crime of “deformation of one person’s appearance by permanent facial injury”. Furthermore, the Red Code has 136 Francesca Finelli strengthened the existing criminal sanctions for stalking, sexual violence and domestic violence and increased the applicable sanctions for aggravated circumstances. Thus, Law No. 69/2019 provides a comprehensive response to gender violence, by introducing not only faster proceedings and new criminal offences but also harsher punishments for the already existing crimes. The Red Code represents a strong legislative intervention in line with the requirements of the Istanbul Convention. In 2017, the Italian Parliament has also established the Parliamentary Commission of Inquiry dedicated to the phenomenon of feminicide and gender–based violence. The Commission is responsible for conducting national investigations and inquiries, with the view of better understanding the real dimensions of gender violence in Italy. In addition, the Commission is empowered to investigate possible inconsistencies and shortcomings of the legislation in force, with the purpose of proposing new legislative and administrative solutions. The monitoring body GREVIO (the Group of Experts on Action against Violence against Women and Domestic Violence) praises the Italian efforts to tackle gender violence. However, it also urges further interventions. In particular, it calls on Italian authorities to adopt policies and measures equally addressing prevention, protection, and punishment of violence, in order to ensure a comprehensive and integrated approach. Criminal law reforms are not enough. Social and cultural justifications of violence against women cannot be fully combated by means of (harsher) criminal punishments. The legislator needs to further promote education, awareness raising, the training of professionals and, more generally, preventive measures aiming at combating sexist social and cultural patterns of behaviour that are based on the idea of inferiority of women. Our legislator is requested to challenge the widespread patriarchal attitudes and stereotypes which contribute to the acceptance of violence and tend to blame women for it. The main concern is that policy makers in Italy have largely privileged policies aimed at criminalizing acts of violence. In this way, they tend to consider violence against women restrictively as an issue of criminal (and procedural) law, failing to fully recognize the structural dimension of the phenomenon. Recent local policies At the regional level, Piedmont is strongly committed to tackle gender discrimination and violence. According to recent legislative interventions, The Experience of Turin (Italy) 137 Regional Law No. 5/2016 prohibits all forms of discrimination at the regional level (including on the grounds of gender) and Regional Law No. 4/2016 recognizes that any form of violence against women constitutes a human rights violation, infringes women’s personal dignity, individual freedom and security, their physical and mental health and integrity, and limits their right to full citizenship. Accordingly, the Piedmont region is asked to proactively engage in several initiatives to combat and prevent discrimination and violence against women. The Regional Council has adopted a Three–Year Regional Plan of Interventions against Gender Violence (2017–2019) and has recently achieved the following goals: (i) the consolidation of a regional network of anti–violence centres and shelters; (ii) the creation of specific vocational training programs for operators of anti– violence services; (iii) the introduction of specific measures to monitor gender violence and support its victims within the healthcare sector (i.e. a new “Pink Code” in the hospital triage); (iv) specific assistance measures in the socio–occupational (re)integration of women victims of violence; (v) a strong and diffuse communication strategy (inter alia by introducing a new regional application for mobile devices “Erica”); and, lastly, (vi) specific rehabilitation programs dedicated to perpetrators of gender–based violence (which aim at limiting recidivism and preventing future violence). Furthermore, it is important to note that the City of Turin is strongly committed to tackling gender violence. Since 2000, the City has established the Coordination Against Violence Against Women (in Italian as “Coordinamento Contro la Violenza sulle Donne”, CCVD). The participants in the Coordination are either public and private entities which are directly or indirectly involved in combating gender violence, in the field of healthcare, social, psychological, legal assistance, cultural integration, education and research. Participants make available their own professional skills, financial resources and monitoring mechanisms. They represent not only an integrated system of protection for victims of gender violence, but also a fundamental monitoring tool in the city of Turin. Moreover, in 2018, the city Council approved an important Action Plan labelled “Turin free from gender–based violence”. This Plan aims to foster inter–institutional dialogue between all those actors operating in the field of prevention, protection and prosecution of male violence against women. Essentially, the Plan is intended to strengthen institutional coordination, not only by introducing new (coordinating) local bodies, but also by enhancing the role of the (already existing) CCVD, and promoting specific training courses for public administration officials. This coordinated approach has already achieved 138 Francesca Finelli important (and innovative) local interventions. Giving a concrete example, in December 2019, the City of Turin has introduced the “fictitious residence” for women victims of violence who want to keep their residence data secret. In this way, those women are empowered to reside at a “symbolic” address, which will allow them to no longer be persecuted by violent men. Discrimination and Violence Based on Migration In the last few years, migration has emerged as a sensitive political issue and societal challenge in Italy, particularly in matters such as integration, security and border management. Italian citizens have engaged in an intensifying discussion about the arrival of migrants in the country. This mainly happened as a direct consequence of the migration crisis of 2015 and the unprecedented increase in the numbers of refugees and migrants entering Europe. Moreover, due to its geographical position in the Mediterranean Sea, Italy has witnessed the concrete effects of the migration crisis, particularly along the coastline (which has been directly involved in the management of the Central Mediterranean route). The mass arrivals of migrants in Italy have generated strong xenophobic fears and anti–immigrant sentiments, characterized by the growing intolerance towards individuals who are perceived as “others” or “aliens”. Recent legislative interventions The latest legislative interventions refused to perceive the double dimension of the current crisis, namely the migration dimension and the humanitarian one. The Italian legislator was mainly focused on a one–dimensional issue, i.e. the unsustainable numbers of arrivals of unauthorized migrants in Italy. In this way, the narrow perception of the migration crisis has boosted claims of “invasion” and extremist anti–immigrant positions. The adoption of two “Security Decrees” marked a significant legislative change in the field of migration law. Both Decrees were strongly demanded by our former Ministry of Domestic Affairs (Ministero dell’ Interno), Matteo Salvini, who founded his political commitment on “taking care of Italians’ security”. His political intentions were clear, affirming a strong link between migration and security. Accordingly, the Security Decrees were intended to stop the admission of migrants on the Italian territory, reduc- The Experience of Turin (Italy) 139 ing the criteria for legal stays and imposing the idea that the huge arrivals of migrants only jeopardized internal security and stability. In this way, the Security Decrees have radically reformed the Italian migration system. Essentially, they have restricted previous guarantees, reducing legal protection for asylum seekers entering Italy. Firstly, Decree Law n. 113/2018 abolished the so–called ‘humanitarian protection’. The humanitarian protection was traditionally granted to asylum seekers in a wide variety of situations and represented the most common form of protection granted until 2017. Today, it is replaced by ‘special permits’, namely (new) limited forms of residence permits that can be granted in restricted ‘special cases’ only. Secondly, Decree Law n. 53/2019 introduced additional restrictions. This second intervention was mainly aimed at limiting rescue operations at sea (in line with the “closed–ports–policy” campaigned by our former Ministry), introducing harsh sanctions for NGO ships that disembark migrants in Italy without prior consent. Essentially, with the introduction of the Security Decrees, we have witnessed, firstly, the strong restriction of asylum seekers’ guarantees and, secondly, the “criminalization” of rescue operations. However, the constitutional legitimacy of these recent reforms is far from uncontroversial (and the Italian Constitutional Court ruled, in July 2020, on the partial unconstitutionality of the first Security Decree). In fact, the Security Decrees clash with several constitutional and supranational guarantees, inter alia the constitutional right to asylum (Art. 10), EU (binding) provisions concerning international protection, the Dublin system, international customary law and the principle of non–refoulement. Choosing to restrict the criteria for legally entering and stay in the Italian territory is not the solution for a better management of migration flows. Indeed, “We can’t deter people fleeing for their lives. They will come. The choice we have is how well we manage their arrival, and how humanely”. Recent local policies In 2019, non–nationals residing in the Piedmont region represent 9.8% of the population (the majority of which are Romanian nationals, followed by Moroccan and Albanian nationals) while refugees and beneficiaries of the international protection are 19.500, representing 0.4% of the regional population (mainly Nigerian, Senegalese and Pakistani nationals). In the hosting society, migrants, non–national and, more generally, foreigners are more vulnerable to social exclusion and discrimination. Their inclusion may encounter obstacles deriving from cultural/linguistic/religious 140 Francesca Finelli differences; therefore, in order to prevent and contrast social tension and exclusion, the Piedmont Region has actively engaged in several integration policies. In 2016, Piedmont was the first Italian Region to introduce ad hoc legislation concerning equal opportunities and non–discrimination (Regional Law n. 5/2016). Following this legislative intervention, the Regional Council adopted a Three–year Plan Against Discrimination (2018– 2020) and established a new Regional Network Against Discriminations as well as a regional Solidarity Fund for the judicial protection of victims of discrimination. Moreover, regional interventions have supported education, information and several raising awareness initiatives. Besides these regional initiatives, the City of Turin has promoted diverse positive actions and integration policies, combating discrimination and ensuring equal opportunities for all. In 2018, it adopted new “Guidelines for Interculture and Participation”, addressing the difficult challenge of ensuring equal and full participation of all in the local decision–making process. The ultimate objective was to create a strong sense of community in the city, promoting inclusion and participation of all in the definition of local policies. More recently, in June 2020, the Municipality of Turin, firstly, adopted a new Action Plan against Racist Hate Crimes and, secondly, launched a new public consultation, according to which citizens are invited to present written proposals aimed at co–drafting the (new) Collaboration Agreement for an Anti–racist Turin. In this way, the City of Turin has affirmed its commitment to fight racism and hateful intolerance, while also consolidating its open and participatory approach in the definition of local public policies. Indicative Bibliography Carta S., Beyond closed ports: the new Italian Decree–Law on Immigration and Security, 2018, available at https://eumigrationlawblog.eu/beyond-closed-portsthe-new-italian-decree-law-on-immigration-and-security/. Corsi C., Evaluating the ‘Salvini Decree’: Doubts of Constitutional Legitimacy, EUI, 2019, at https://cadmus.eui.eu/bitstream/handle/1814/61784/PB_2019_06_ MPC.pdf ?sequence=1&isAllowed=y. GREVIO’s (Baseline) Evaluation Report on legislative and other measures giving effect to the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) – ITALY, GREVIO/Inf(2019)18, available at https://rm.coe.int/grevio-report-italyfirst-baseline-evaluation/168099724e. The Experience of Turin (Italy) 141 IRES Piemonte, Gender Equality in Piedmont, 2019 Report, chapter 3, p. 45 at https://www.ires.piemonte.it/pubblicazioni_ires/RAPPORTO%20UGUA GLIANZE%20DI%20GENERE%202019.pdf. ISTAT (Italian National Statistics Institute), Integrated Information Framework on Violence Against Women in Italy (in Italian as “Quadro informativo integrato sulla violenza contro le donne in Italia”), https://www.istat.it/it/violenza-sul le-donne. Meili S., The Constitutional Right to Asylum: The Wave of the Future in International Refugee Law?, «Fordham International Law Journal», 41(2018), p. 401. Morandi N., Il permesso di soggiorno per motivi umanitari ai sensi dell’art. 5, comma 6, D.lgs. N. 286/98, June 2017, https://www.asgi.it/wp-content/up loads/2017/07/2017_Scheda-ASGI-permesso-umanitario_def..pdf. Piedmont Regional Council, Three–year Plan Against Discrimination (2018–2020), https://www.regione.piemonte.it/web/sites/default/files/media/docu menti/2019-01/piano_triennale_2018-2020_0.pdf. Piedmont Regional Council, Three–Year Regional Plan of Interventions against Gender Violence (2017–2019), https://www.regione.piemonte.it/web/temi/ diritti-politiche-sociali/diritti/antiviolenza/piano-triennale-contro-violenza. Sabbadini L., Audizione davanti alla Commissione parlamentare d’inchiesta sul femminicidio, nonché su ogni forma di violenza di genere, 2017, available at https:// www.senato.it/service/PDF/PDFServer/DF/338920.pdf. The City of Turin, Collaboration Agreement for an Anti–racist Turin (in Italian as “Patto di Collaborazione per una Torino Antirazzista”), http://www.comune. torino.it/benicomuni/notizie/patto-di-collaborazione-per-una-torino-anti razzist.shtml, http://www.comune.torino.it/ucstampa/comunicati/article_ 152.shtml. The City of Turin, Coordination Against Violence Against Women (in Italian as “Coordinamento Contro la Violenza sulle Donne”, CCVD), http://www.comune.to rino.it/politichedigenere/po/po_reti/po_cccvd/index.shtml. The City of Turin, Guidelines for Interculture and Participation (in Italian as “Linee guida per il Coordinamento alle Politiche per l’Interculturalità e alla Partecipazione”), http://www.integrazionemigranti.gov.it/Attualita/Notizie/Documents/ La%20politica%20interculturale%20della%20Citt%C3%A0%20di%20Tori no_latest.pdf. Valsecchi A., Codice Rosso e Diritto Penale Sostanziale: le principali novità, in «Diritto penale e processo», 2(2020), p. 163. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/979125994029214 pp. 143-154 (March 2021) Tackling Discrimination and Violence in the R&C Territories The Experience of Alto Alentejo (Portugal) Cláudia Múrias* Introductory Overview Portugal is committed to respecting and promoting human rights for all, both at national and international levels. The Assembly of the Republic has legislative power. The Parliament’s Committee on Constitutional Affairs, Rights, Freedoms and Guarantees oversees human rights violations, it also drafts and submits bills and petitions for parliamentary approval. Several Governments have committed themselves to defend and strengthen the Welfare State, promoting the effective social inclusion of citizens and the development of local, regional and national initiatives recognizing the benefits of diversity and the construction of an intercultural society, guided by the constitutional principle of equality and non–discrimination provided for in Article 13 of the Constitution of the Portuguese Republic (CRP). Portugal is a unitary state and respects the principles of subsidiarity, the autonomy of local authorities and the democratic decentralization of public administration in its organization and functioning. According to the CRP, local authorities are territorial legal persons; they elect representative organs and — owning regulatory power — they seek to pursue the interests of the populations they represent. In order to administer territorial interests, Municipalities may form associations and federations called Inter Municipal Communities (CIM), to which the law grants specific responsibilities and competences on local affairs, namely to promote citizens’ well–being, quality of life, and real gender equality. Portugal ratified several international human rights instruments and additional Protocols that constitute what has come to be known as the International Bill of Human Rights, serving as touchstones for interpreting the huCláudia Múrias, psychologist, effective member of the Order of Portuguese Psychologists, and Gender Expert recognized by CIG (Commission for Citizenship and Gender Equality), in collaboration with Rita Félix Boavida, Social Worker, project consultant of CIMAA (Inter Municipal Community of Alto Alentejo). * 143 144 Cláudia Múrias man rights provisions of the UN Charter, as well as International Conventions, such as the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, the Convention on the Elimination of All Forms of Discrimination Against Women, the International Convention on the Elimination of All Forms of Racial Discrimination and United Nations Security Council Resolution No. 1325 (2000) on “Women, peace and security”. Regarding the Community of Portuguese Speaking Countries (CPLP), the CPLP has established the Action Plan for Gender Equality and Women’s Empowerment, and announced a set of measures aimed at combating harmful traditional practices, namely female genital mutilation and cutting (FGM/C). At the European level, Portugal is bound by European Union (EU) law (mainly EU Directives and Regulations) issued by EU bodies and interpreted by the Court of Justice of the European Union. As a Member State of the Council of Europe (CoE), Portugal ratified The European Convention on Human Rights and has to comply with the jurisprudence of the European Court of Human Rights. Portugal ratified CoE agreements and conventions on Refugees, Migrant Workers, National Minorities, and The Convention on the Fight against Trafficking in Human Beings. Portugal was among the first group of countries to ratify the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention), under which States signatories have the obligation to prevent violence against women, protect its victims and prosecute perpetrators. Discrimination and Violence Based on Gender According to Social Institutions and the Gender Index 2019, elaborated by the Organization for Economic Cooperation and Development (OECD), Portugal ranks 5th with more equal social laws and norms (11.2%), but this is not directly reflected in terms of practices and attitudes, which, nevertheless, have worse results. For example, women and men have the same rights to free movement, inside and outside the country, but in the practical dimension, considering the safety of women walking alone at night, Portugal still has the highest proportion among OECD countries of women who say they feel insecure in their free movements at night (74%). It is in the family that the worst results arise (21.8%), largely because of the imbalance in the distribution of domestic work — women spend three times more hours per day than men in these activities. In this field, The Experience of Alto Alentejo (Portugal) 145 Portugal is one of the OECD countries where women dedicate more hours per day to household chores, although, on average, women work 38 hours per week, and men work 41 hours. According to the European Gender Equality Index, family responsibilities are reported as a barrier to engagement in education and training for 41% of women compared to 22% of men. Most informal carers of older persons and/or persons with disabilities in Portugal are women (60%) and Portugal has the highest unmet needs for professional home care across the EU (86%). In 2016, 23% of women and 32% of men aged 20–49 (potential parents) were ineligible to apply for parental leave, and unemployment/inactivity was the main reason for the ineligibility of 84% of women and 52% of men. Portugal’s gender pay gap has been increasing in recent years: from 8.5% in 2007 to 17.5% in 2017. Women constitute the majority of the working poor (54%) and the gender pension gap in Portugal is 31%. Only one third of women occupy managerial positions in business companies (33%); the percentage of women ministers increased from 14% to 35% between 2005 and 2018; and women represent 36% of all parliamentarians, but only 10% of all mayors are women. Concerning intersectional discrimination, Roma girls and women have lower education levels and higher unemployment rates. Gender–based violence continues to be a major trend. Portugal lacks specific legislation addressing violence against women. According to the Annual Internal Security Report (RASI), in 2018 there were 22,423 reports of domestic violence occurrences and police registered 421 reports of rape at the national level, whereas in CIM of Alto Alentejo (CIMAA), there were 285 reports of domestic violence occurrences and 6 reports of rape. According to the Disability and Human Rights Observatory (ODDH), one in every two women with disabilities is a victim of gender–based violence, including sexual abuse. A European study estimated that 1,300 girls in Portugal may have been subjected to FGM/C in 2011, and some NGOs report that FGM/C was practiced on young girls in poor African communities, particularly by Bissau–Guinean immigrants. Two out of three victims of homicide in Portugal are women, and according to preliminary data from media reports, within the first 10 months of 2019, there were 28 female deaths related to domestic violence. Moreover, 85% of domestic violence complaints are dismissed without any charges, less than 7% result in convictions and the majority of the sentences are suspended. In fact, only 10% of convicted domestic abusers ever see the inside of a jail cell. Within the last 15 years, over a 146 Cláudia Múrias thousand children became orphans due to domestic violence (yet children are not considered to be victims). There is a lack of coordination between Family Courts and Criminal Courts, which leads to contradictory decisions (including visitation rights granted to offending fathers whose children are in shelters with their mothers under protection). Recent legislative interventions Since October 2017, numerous legislative measures have been put in place and have strengthened the legal framework to promote equality and fight against gender–based discrimination and violence. Law No. 62/2017, of August 1, established the regime of balanced representation between women and men in the management and supervisory bodies of public sector entities and listed companies, establishing the minimum thresholds 33% for persons of each sex assigned to each administrative and supervisory body, in the state business sector and in companies listed on the stock exchange; Law No. 60/2018, of August 21, approved several measures to promote equal pay for women and men for equal work or work of equal value, making the first amendment to Law No. 10/2001, of May 21, which institutes an Annual Report on Progress of Equality between Men and Women at Work, Employment and Training; to Law No. 105/2009, of September 14, which regulates and amends the Labor Code; and to Decree–Law No. 76/2012, of March 26, which approves the structure of the Commission for Equality in Work and Employment, extending the competencies to issue a Technical Proposal on Remuneration Discrimination. Law No. 26/2019, of March 28, established that the Annual Report on Progress should include information on the evolution of balanced representation between women and men in positions of management and public administration bodies. Organic Law No. 1/2019, of March 29, established the second amendment to the Parity Law concerning organs of political power, demanding 40% representation of the underrepresented sex. On family issues, the civil (de–facto) unions were protected by Law No. 71/2018, of December 31, which deals, among other things, with the requisites for recognition, evidence, and equivalence to marriage in labour, tax and pensions law, permanence in the household in the event of death or a breakdown of the union, adoption and the requisites of a formal dissolution whenever any of the members intend to receive any benefits derived from the union. Law No. 90/2019, of September 4, rein- The Experience of Alto Alentejo (Portugal) 147 forced protection in parenting, extending the rights of parental responsibility and derivatives of adoption to couples of parents of the same sex, changing the Labor Code (Law No. 7/2009, of 12 February). Decree–Law No. 89/2009, of April 9, regulated protection in parenting, in the context of the eventuality of maternity, paternity and adoption, of workers who exercise public functions. Decree–Law 91/2009, of April 9, established the legal regime of social protection in parenting within the scope of the social security system and in the solidarity subsystem. Law No. 100/2019, of September 6, approved the Statute of Informal Caregiver, changing the Code of Contributory Regimes of the Social Security System and the Law No. 13/2003, of May 21. A new program cycle was launched by the Resolution of the Council of Ministers No. 61/2018, on May 21, approving the National Strategy for Equality and Non–Discrimination 2018–2030 – “Portugal + Equal”, supported by three Action Plans defining strategic objectives and specific provisions on non–discrimination on grounds of sex and equality between women and men (PAIMH), prevention and combating all forms of violence against women, gender–based violence and domestic violence (PAVMVD), and combating discrimination on the grounds of sexual orientation, gender identity and expression, and sex characteristics (PAOIEC); then, Resolution of the Council of Ministers No. 80/2018, of June 19, approved the IV Action Plan for the Prevention and Combat of Trafficking in Humans Beings 2018–2021, and by Resolution of the Council of Ministers No. 33/2019, of February 15, which approved 3rd National Action Plan on the Implementation of the UN Security Council Resolution 1325 (2019–2022). Decree No. 8/2019, of March 6, declared a one–day national mourning for victims of domestic violence, and several resolutions from the Parliament recommended the improvement of the prevention and fight against domestic violence. Resolution of the Council of Ministers No. 139/2019, of August 19, approved the development of an integrated action in the field of primary and secondary prevention to violence against women and domestic violence (VMVD), to be promoted by the governmental areas of Citizenship and Equality, Internal Administration, Justice, Education, Labour, Solidarity and Social Security, and Health. At the Council of Ministers, on April 23, 2020, following the recommendations of the Group of Experts to Combat Violence against Women and Domestic Violence of the Council of Europe (GREVIO), several amendments were adopted in the legal framework. 148 Cláudia Múrias Relevant local policies The European Charter for the Equality of Women and Men in Local Life has been the inspiration of the Municipal and Inter Municipal Plans for Equality. CIMAA begun its strategy towards Equality with the launch of both the Intermunicipal Plan for Equality of Alto Alentejo East and the Intermunicipal Plan for Equality of Alto Alentejo West, ensuring the implementation of the first one, in cooperation with the Portuguese Red Cross Delegation of Portalegre and its Support Centre for Victims of Domestic Violence. Since 2010, according to the Resolution of the Council of Ministers No. 39/2010, of May 25, the Local Councillors for Equality are responsible for monitoring and promoting the implementation of measures provided for in the local strategies for promoting equality and for preventing and combating domestic violence and other forms of discrimination. CIMAA’s municipalities have appointed seven councillors so far: Alter do Chão, Avis, Gavião, Monforte, Ponte de Sor, Portalegre and Sousel. More recently, the Strategy to Combat Domestic and Gender–based Violence (2018–2021) aims for the territorialization of responses in the area of violence, emphasizing the actions of awareness raising towards the community, training professionals and proposed legislation to improve legal assistance to victims. According to both Protocols for a Strategy to Combat Domestic and Gender–based Violence of Alto Alentejo East and West, a group of signatory stakeholders constituted a Network to promote the necessary conditions for the support and protection of the victims, providing financial, technical and logistical support, looking for the profitability of the resources existing throughout the territory. On February 5, 2019, a Protocol between the Portuguese Commission for Citizenship and Gender Equality (CIG) and the National Association of Portuguese Municipalities (ANMP) was signed, and aimed to establish institutional cooperation as to achieve autonomy and empowerment for victims of domestic violence, finding solutions that can respond to victims’ housing needs when they leave the emergency shelter and return to live in the community (the National Support Network for Victims of Domestic Violence). Five municipalities from CIMAA have signed this Protocol: Arronches, Campo Maior, Castelo de Vide, Monforte and Sousel. Lastly, in June 2020, CIMAA applied for a call to prepare an Intermunicipal Plan for Equality (2021–2024) in accordance with the new protocols of the National Strategy for Equality and Non–Discrimination 2018–2030 “Portugal + Equal”. The Experience of Alto Alentejo (Portugal) 149 Discrimination and Violence Based on Migration The government considers all the EU Member States to be safe countries of origin or transit. According to the Dublin system, it returned asylum seekers to their country of (first) entry in the EU for adjudication of their applications. Portugal agreed to accept 4,754 refugees through the EU’s relocation program. In 2018, the government fulfilled its commitment and received refugees under the EU’s relocation plan for refugees who entered the EU through Greece and Turkey and offered Portuguese citizenship to refugees residing on Portuguese territory. According to NGOs and media reports, authorities kept some asylum seekers who submitted their applications for international protection at border checkpoints in detention. If asylum seekers appealed a negative decision, they could remain in detention for up to 60 days, without other alternatives. The government also provided temporary protection to individuals who may not qualify as refugees and provided subsidiary protection to, approximately, 136 persons in 2017, according to the NGO Portuguese Refugee Council (CPR). The reception centre for refugees in Lisbon remains overcrowded. NGOs report ethnic discrimination in areas such as education, housing and employment. Intolerance, crimes and hate speech are of concern in Portugal; what is particularly worrying is the persistence of cases of police violence against migrants (Brazilian, Ukrainian, Romanian and Moldovan) and national minorities (particularly Roma and Afro descendants, but also Muslims, lesbians, gays, bisexuals and transgenders). The European Commission against Racism and Intolerance (ECRI), CoE monitoring body, alerts that far right and neo–Nazi groups spread hate speech on the Internet and threaten migrants and the organizations working to uphold their rights, and that sanctions are not a deterrent. According to its Annual Report, the Commission for Equality and Against Racial Discrimination (CICDR) received 436 complaints of discrimination in 2019, an increase of 26%. With regard to the content of the complaints, 44% were based on nationality (mainly Brazilian, Ukrainian, Romanian and Moldovan); 35% of the complaints submitted refer to discrimination based on ethnic– racial Afro–descendant (African or black origin); and 17% were based on Roma ethnic origin. Portugal is a transit and destination country for men, women and children, subjected to forced labour and sex trafficking. Trafficking victims are primarily from Africa and Eastern Europe, and, to a lesser extent, Latin 150 Cláudia Múrias America and Asia. While most forced labour victims are men, an increase in the number of female forced labour victims was documented in 2015, and children are also subjected to forced labour. According to the Portuguese Observatory on Trafficking in Human Beings, foreign labour trafficking victims were exploited in agriculture, construction, and domestic service, while Portuguese victims were exploited in restaurants, agriculture, and domestic service, primarily in Portugal and Spain. Government efforts to prevent and eliminate forced labour included a countrywide awareness campaign and a professional training for security forces to identify, flag, and direct victims to assistance services. According to NGOs and media, criminal convictions remain low, and convicted offenders frequently avoid imprisonment, undercutting enforcement efforts and victim protections. In 2017, courts only convicted and sentenced 11 traffickers for forced labour. Foreign women and children, mostly from Africa and Eastern Europe, and low–income Portuguese women and children are subjected to sex trafficking within the country. Portuguese victims have also been subjected to sex trafficking in other countries, mostly in Europe. Portuguese authorities have reported that traffickers bring women and children, many from African countries, to Portugal to claim asylum before bringing victims to other European countries to be exploited in trafficking. Recent legislative interventions Since October 2017, numerous legislative measures have been put in place and have strengthened the legal tools in the promotion of equality and in the fight against migration discrimination. In the Resolution of the Council of Ministers No. 80/2018, of June 19, the Government recognizes that the scourge of trafficking human beings takes on increasingly diverse, complex and sophisticated forms, which implies the need for a well–defined and coherent strategic orientation, through a coordinated and effective security policy, responding to the main internal and external risks and threats, and promoting integrated protection of victims. The 4th National Plan against the Trafficking in Human Beings (2018–2021) aims to reinforce knowledge on the subject of trafficking human beings, to ensure that victims have better access to their rights, as well as to qualify intervention, and to promote the fight against organized crime networks, namely by dismantling the business model and dismantling the trafficking chain. In addition, Law No. 26/2018, of July 5, amends the Law for the Protection of Children and Youth in Danger, approved in The Experience of Alto Alentejo (Portugal) 151 annex to Law No. 147/99, of September 1, and the regime of entry, stay, exit and removal of foreigners from the national territory, approved by Law No. 23/2007, of July 4, for an effective regularization of the legal status of children and young people of foreign nationality admitted to State institutions or equivalents. In August 2019, Portugal became one of the first countries to approve, by Resolution of the Council of Ministers no. 141/2019, on August 20, the National Implementation Plan of the Global Compact for Migration. The Global Compact for Safe, Orderly and Regular Migration is the first inter–governmentally negotiated agreement, prepared under the auspices of the United Nations, covering all dimensions of international migration in a holistic and comprehensive manner. To eliminate discrimination against national minorities, Resolution of the Council of Ministers No. 154/2018, of November 8, established the National Roma Communities Integration Strategy (ENICC). The ENICC intends to improve the well–being and integration of Roma people, encourage mutual understanding and positive interaction, and deconstruct stereotypes, providing the necessary framework for dialogue between civil servants, Roma people and civil society organizations working for and with these communities. Moreover, in order to increase responses for unemployed and uneducated young people, the so–called NEET, the ENICC extended the Escolhas Program, a social inclusion program funded by the High Commissioner for Migration (ACM), up to 30–year–olds. Lastly, Law No. 83/2019, of September 3, known as the Housing Basis Law, established the bases of the right to housing and the fundamental tasks of the State in effectively guaranteeing that right to all citizens, “consecrating that everyone has the right to housing, for themselves and their family, regardless of ancestry or ethnic origin, sex, language, territory of origin, nationality, religion, belief, political or ideological convictions, education, economic situation, gender, sexual orientation, age, disability or health condition”, according to the Constitution. Relevant local policies On 21 June 2018, the ACM launched the Local Plans for the Integration of Roma Communities (PLICC), funded by the European Union Program on Rights, Equality and Citizenship (2014–2020). These Plans are addressed to municipalities and local communities as to promote local democratic par- 152 Cláudia Múrias ticipation of Roma communities and to create partnerships to design and implement strategies for bringing Roma communities closer to the majority society. The project resulted in a Guide for the Design of Local Plans for the Integration of Roma Communities aimed at reinforcing the relevance of the integration of Roma people in the political and public agenda of the various territorial units (Parishes, Municipalities, Intermunicipal Communities, Districts and Regions), highlighting what was indispensable to develop cooperative and proximity work. 14 counties were involved in the creation of the 12 PLICC. The Intermunicipal Community of Alentejo Central developed two Intermunicipal Plans, one representing the municipalities of Borba and Estremoz, and the other Moura and Mourão. In this context, the central role of municipalities and other local public services, civil society entities and people representing Roma communities stands out in the knowledge of the social situation and the conditions of existence of the Portuguese Roma population, as well as in the definition of a strategic intervention plan. In addition, it is important to notice that the group of schools and training centres of Portalegre and Campo Maior are already implementing two Escolhas Projects (E6G) toward the integration of Roma communities with the view of promoting their democratic participation. CIMAA could promote the foundation of Roma NGOs, which may represent the Roma community and may interact with local professionals and decision–makers to make a critical reflection on the main problems and needs felt in the localities and to outline adjusted practices and solutions to integrate Roma people in Public Life. The same should be done with foreigners who study and live in CIMAA territory (mostly Brazilian and afro descendants). Indicative Bibliography ACM (High Commissioner for Migration), Partnerships, Municipalities, available at https://www.acm.gov.pt/pt/parceiros/municipios. CICDR (Commission for Equality and Against Racial Discrimination), Annual Report on the Status of Racial and Ethnic Equality and Non–Discrimination, available at https://www.cicdr.pt/-/relatorio-anual-sobre-a-situacao-da-igual dade-e-nao-discriminacao-racial-e-etnica. CIG (Commission for Citizenship and Gender Equality), Domestic Violence, Law, available at https://www.cig.gov.pt/portal-violencia-domestica/legislacao/. The Experience of Alto Alentejo (Portugal) 153 CITE (Commission for Equality in Labour and Employment), National Law, available at http://cite.gov.pt/pt/acite/legislacaonacion05.html. ECRI (European Commission against Racism and Intolerance), Report on Portugal (fifth monitoring cycle) CRI(2018)35, 2018, available at https://rm.coe.int/ fifth-report-on-portugal/16808de7da. EIGE (European Institute for Gender Equality), Gender Equality Index 2019: Portugal, 2019, available at https://eige.europa.eu/publications/gender-equal ity-index-2019-portugal. Human Rights Committee, Concluding observations on the fifth periodic report of Portugal. CCPR/C/PRT/CO/5, 2020, available at https://tbinternet.ohchr.org/ _layouts/15/treatybodyexternal/Download.aspx?symbolno=CCPR/C/ PRT/CO/5&Lang=En. OECD (Organization for Economic Cooperation and Development), Social Institutions and Gender Index, (2019), available at https://www.genderindex. org/wp-content/uploads/files/datasheets/2019/PT.pdf. PpDM (Portuguese Platform for Women’s Rights), 33rd UPR Pre–Session: Women’s Human Rights in Portugal (2019), available at https://plataforma mulheres.org.pt/site/wp-content/ficheiros/2019/04/Portuguese_Plat form_for_Women_s_Rights_1_.pdf. Public Prosecution Service, Documentation and Comparative Law Office, Human Rights, 2020, available at http://gddc.ministeriopublico.pt/pagina/ direitos-humanos?menu=direitos-humanos. RASI, Annual Internal Security Report, (2018), available at https://www.portugal. gov.pt/download-ficheiros/ficheiro.aspx?v=ad5cfe37-0d52-412e-83f b-7f098 448dba7. Resolution of Council of Ministers Nº. 154/2018, of 8 November, adopted The National Roma Communities Integration Strategy (ENICC), (2013–2022), available at https://www.acm.gov.pt/documents/10181/52642/Publicac%CC%A7a %CC%83o+ENICC_EN_bx.pdf/c129278c-86bc-4647-88e7-f362a61c56f1. Resolution of the Council of Ministers No. 141/2019, of 20 August, approves the National Implementation Plan of the Global Compact for Migration, (2019–2020), available at https://www.portaldiplomatico.mne.gov.pt/en/foreign-policy/ multilateral-affairs/the-national-implementation-plan-of-the-global-com pact-for-migration. Resolution of the Council of Ministers No. 33/2019, of 15 February, that approved 3rd National Action Plan on the Implementation of the UN Security Council Resolution 1325 (2019–2022), available at https://www.cig.gov.pt/wp-content/up loads/2019/05/III-Plano-Nacional-de-A%C3%A7%C3%A3o-para-a-Imple menta%C3%A7%C3%A3o-da-RCSNU-1325-2019-2022.pdf. 154 Cláudia Múrias Resolution of the Council of Ministers No. 61/2018, of 21 May, adopted the National Strategy for Equality and Non–Discrimination – “Portugal + Equal” (2018–2030), available at https://www.cig.gov.pt/wp-content/uploads/2018/07/Resol_ Cons_-Ministros_61_2018.pdf. Resolution of the Council of Ministers No. 80/2018, of 19 June, adopted the 4th National Plan against Trafficking in Human Beings (2018–2021), available at https:// www.cig.gov.pt/wp-content/uploads/2018/06/0254602552.pdf. United States Department of State, Bureau of Democracy, Human Rights and Labour, Portugal 2015 Human Rights Report, available at https://2009-2017.state. gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2015&dlid=252889. United States Department of State, Bureau of Democracy, Human Rights and Labour, Portugal 2018 Human Rights Report, available at https://www.state. gov/reports/2018-country-reports-on-human-rights-practices/portugal/. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/979125994029215 pp. 155-160 (March 2021) Tackling Discrimination and Violence in the R&C Territories The Experience of Bucharest and Baia Mare (Romania) Emanuel Adrian Sarbu* Introductory Overview Romania is a South–Eastern European country, located between the Black Sea, Bulgaria, Ukraine, Moldova, Hungary and Serbia. With approximately 20 million resident inhabitants (19.414.458 people on January 1st, 2019, according to the National Statistics Institute data), Romania joined NATO in 2004 and the European Union in 2007. There are 42 counties, 103 municipalities, 2861 communes and 12957 villages (Ciuchea et al., 2015, p. 5). According to Eurostat data, 9.500.450 are men, and 9.914.008 are women; of the total population, 121.099 are from foreign countries and stateless. The Romanian partners in the Recognize & Change project are three bodies from two different Romanian cities: Direcția Generală de Asistență Socială a Municipiului București (The General Directorate of Social Welfare – Bucharest Municipality), CARITAS Bucharest and Serviciul Public Asistență Socială Baia Mare. Bucharest is the capital and the largest city of Romania, with approximately 2 million inhabitants officially (1.883.425 people according to the 2011 national census and 1.829.897 people in 2019, January 1st, according to the National Statistics Institute), but with at least one (or even two) additional million transiting for work or educational reasons. It is the main administrative and political centre. Baia Mare is the capital city of the Maramureș county, located in the North–western part of Romania, at approximately 600 km from Bucharest, near the borders with Hungary (70 km) and Ukraine (50 km). According to the 2011 national census, Baia Mare had a total population of 123.738 people. Among them, 58.800 were male (46.27%) and 64.938 female. The largest minorities were Hungarians — 12.750 people, repre* Emanuel Adrian Sarbu, Associate Professor at the Faculty of Sociology and Social Work, and at the Faculty of Baptist Theology, University of Bucharest. 155 156 Emanuel Adrian Sarbu senting 12.25% of the population — and 2.76% Roma — 3.107 people. In 2020, the whole county of Maramures totalled 460.689 people, while 144.925 of them were living in Baia Mare (INSS, 2020). Violence and discrimination have been on Romania’s public agenda for decades. The Romanian Constitution states that the country belong to all of its citizens, disregarding their race, nationality, ethnic origin, language, religion, gender, opinion, political options, wealth or social origin; furthermore, it states that the “citizens are equals in front of the law and the public authorities, without any privileges or discrimination”. It must be also be noted that only 13 European states included “nationality as an explicitly protected ground in anti–discrimination legislation”, and Romania is one of them. Discrimination and Violence Based on Gender A view on the Global Gender Gap Index shows that, in spite of the fact that the country’s scores are lower than the EU average, Romania is following the ascendant trend and there is visible progress in almost every single domain. However, the issue of gender–based violence (and particularly violence against women) remains significant. The Romanian Constitution calls for equal opportunities between men and women; therefore, both genders are, in principle, entitled to achieve any social status or dignity in public, civil or military areas, they have the same right to work, and can choose any profession they would like. The Constitution also explicitly establishes the principle of equal pay for equal work, for men and women (art. 41 paragraph [4]), being entitled to equal benefits and social protection. The social protection measures refer to health and security at the workplace, the work conditions for women and youth, the minimum wage etc. Most of the legal codes (the Labour Code, Criminal Code, Family Code) have rules and regulations which specifically prohibit discrimination and impose equal treatment to all residents, disregarding their gender, age, religion, race, ethnicity, political option, etc. There are also specific anti– discrimination laws which mainly reaffirm international norms and recommendations, including the ones referring to professional empowerment of women, to equal pay for equal work, to domestic violence or to sensitive aspects like permitting abortion to preserve a woman’s physical health. The Experience of Bucharest and Baia Mare (Romania) 157 The legislation regarding domestic violence has been constantly amended and improved (especially the dedicated normative act — Law no. 217/2003 for preventing and combating domestic violence), covering all aspects or types of violence, from physical to cyber or bullying. Also, new measures have been introduced to ensure immediate protection of the victims — the temporary protection order, issued by police officers — and separating them from their aggressors; finally, the law introduced the notion of ‘gender violence’, according to the definition that can be found in Istanbul Convention, also ratified by the Romanian Parliament. It must also be emphasized that there is a dedicated normative act addressing the issue of discrimination, which is also the subject of constant improvement, namely Ordinance no. 137/31.08.2000, regarding prevention and sanctioning all types of discrimination, where discrimination is being defined as “any difference, exclusion, restriction or preference based on race, nationality, ethnicity […], gender, sexual orientation […] and any other criteria which has as purpose or effect of restraining or eliminating the recognition, use or exercise, in equal conditions, of the human rights and fundamental freedoms or rights recognized by the law, in public, economic, social or cultural areas or in any other areas of the public life”. The elimination of all types of discrimination is in three major areas: prevention, mediation and sanctioning discriminatory behaviour. These measures, laws and initiatives led to the international organization Human Rights Watch mentioning Romania as one of the countries that have made “exemplary progress in combating rights abuses based on sexual orientation or gender identity” (Human Rights Watch, 2006). It is obvious that Romania, as a country, is far from being considered ideal when it comes to the management of domestic violence or discrimination based on gender, but there is an entire legal system, starting with the Constitution, which grants rights and liberties in relation to these. Following the national legal framework, local actions and public policies are coordinated by national strategies like the one adopted in 2015, namely The National Strategy regarding Social Inclusion and Reducing the Poverty for the Period 2015–2020. It can be said that these policies opened the way to the local actions, because local administrations such as Bucharest and Baia Mare started to adopt their own strategies for social inclusion and reducing poverty. In essence, the Romanian legislative system is subjected to constant reforms and transformation. Violence and discrimination based on gender has been and will continue to be of great attention to the authorities, in 158 Emanuel Adrian Sarbu order to comply with the international legal framework and, especially, to comply with the international conventions signed and ratified by our Country, keeping the right to adapt them to our legal system and making sure that human rights and dignities are being respected and protected. Discrimination and Violence Based on Migration Romania has to be considered a country affected rather by emigration than immigration, being one of the countries with the largest emigrant populations in the region. Romanian emigrants face discrimination based on their origin or perception of origin; they are paid lower salaries and become victims of human trafficking. Roma migrant communities in particular continue to be targeted by hate speech, violence and discrimination. This is true also in Romania, the country with the largest Roma population among EU member states” (Crișan, A., 2017, p. 2). In 2019, Romania hosted 137.619 foreign people, most of them (84.228) coming from non–EU countries, and 53.331 from EU and SEE countries (IGI, 2020). Of the 33.634 people who requested a work permit, most of them were from Vietnam – 6282 (18.7%), Nepal – 4324 (12.9%) and India – 4100 (12.2%). In 2019, IGI found 820 illegal aliens on Romanian territory, and 938 foreign people were escorted to the borders (IGI, 2020). Of the 379 foreign citizens taken into public custody, most of them were from Vietnam – 92 (24.3%) Iraq – 57 (15.0%) and Sri Lanka – 34 (9.0%) (IGI, 2020). Even though Romania may not be considered a destination country for most of the potential immigrants, it is a transit country on their way to other countries in Western and Northern Europe. This fact may have contributed to a lower number of immigrants and, possibly, to a rather tolerant attitude towards them. Of course, this does not imply the lack of incidents such as, for example, problems they face with employers, mainly in the domestic work sector, who pay lower salaries or exploit their foreign employees. The Constitution grants the right to keep, develop and express one’s own identity; foreign citizens and stateless persons who are residents in Romania are granted broad protection; the asylum seeker’s request will be processed according to the treaties and international conventions signed and ratified by our country. National minorities, as well as foreign The Experience of Bucharest and Baia Mare (Romania) 159 citizens and stateless persons, have the right to address the court in their language and/or with the help of an interpreter; in the case of foreign and stateless persons, the right to have an interpreter is provided free of charge. Actually, Romania has one of the fastest administrative procedures for processing asylum requests — only 30 days — and, to date, Romania is the only member state with no complaints filed at the European Court of Justice regarding the way it applies the Dublin Procedure (IGI, 2020). Most of the legal codes (Labour Code, Criminal Code, and Family Code) have specific rules and regulations which forbid ethnic discrimination. The Penal Code punishes people who expose migrants to inhumane or degrading treatments, it criminalizes sex trafficking and labour trafficking (prescribing penalties of 3–10 years imprisonment). In 2001, Romania approved Law no. 678/2001 to prevent and combat human trafficking; since 2006, Law no. 122/ 04.05.2006 has been in force regarding asylum in Romania. Other normative acts have been adopted to set up the legal frame on the matter: Governmental Ordinance no. 44/ 29.01.2004 regarding the social integration of foreign citizens with international protection or residence permit in Romania, and of citizens from EU and SEE member states; Governmental Decision no. 1295/ 2004 which approves the National action plan for the preventing and combating child trafficking; Governmental Decision no. 1769/2004 which approves the National action plan for the elimination of the exploitation of children labour; Governmental Emergency Ordinance no. 102/14.07.2005 regarding the free circulation on Romanian territory of citizens from EU, SEE and Swiss Confederation; Governmental Ordinance no. 25/26.08.2014 regarding labour integration, the detachment of foreign citizens in Romania, and the modification and completion of certain normative documents regarding the presence of foreign citizens in Romania. Also, it is worth mentioning the National Strategy for Immigration and the Action Plan for implementing the National Strategy for Immigration, both approved by Governmental Decision no. 780/2015; in 2019 a proposal to update the strategy for the period 2019–2022 was submitted. To conclude, the legal frame is comprehensive and covers most relevant aspects; it is also subject of constant change and transformation, in order to be harmonized with the European legal frame and with the international conventions and ratified treaties, aiming to ensure huma right protection and equal disgnity for migrants. 160 Emanuel Adrian Sarbu Indicative Bibliography ANES (Agenția Națională pentru Egalitate de Șanse), Monitoring report on the state of implementation of the Operational Plan for the implementation of the National Strategy on the promotion of equal opportunities and treatment between women and men and the prevention and combating of domestic violence, 2019, https:// anes.gov.ro/wp-content/uploads/2020/05/Raport-monitorizare.pdf. ANITP (Agentia Naţională Împotriva Traficului de Persoane), https://anitp. mai.gov.ro/analiza-succinta-privind-cncdl-de-persoane-in-2019/. CNCD (Consiliul Național pentru Combaterea Discriminării), https://cncd.ro/. EIGE (European Institute for Gender Equality), Intersecting inequalities: Gender Equality Index, 2019, available at: https://eige.europa.eu/publications/ intersecting-inequalities-gender-equality-index. ENAR, Racist crime & institutional racism in Europe, Shadow Report 2014-2018, 2019, https://www.enar-eu.org/IMG/pdf/shadowreport2018_final.pdf. Eurostat, People on the Move, 2019, https://ec.europa.eu/eurostat/web/prod ucts-digital-publications/-/KS-04-19-470. Eurostat, Statistici privind migrația și populația migrantă, 2020, available at https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Migra tion_and_migrant_population_statistics/ro. FRA (European Union Agency for Fundamental Rights), Roma survey – Data in focus, Poverty and employment: the situation of Roma in 11 EU Member States, 2014. IGI (General Inspector for Immigration), Analiza activității Inspectoratului General pentru Imigrări, http://igi.mai.gov.ro/ro/content/analiza-activitatii. ILGA, Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe, 2019. INSSE, Imigranti definitivi dupa tara de provenienta, 2020, http://statistici.insse. ro:8077/tempo-online/#/pages/tables/insse-table. Onet R., Sârbu E., Guðmundsdóttir M.L., Sigfússon J., Sigfúsdóttir I.D., Pálsdóttir H., Kristjánsson A.L., Youth in Europe complete report 2016/2017, Serviciul Public de Asistență Socială Baia Mare, Baia Mare 2017. US State Department, Trafficking in persons report, 20th Edition, June 2020, https:// www.state.gov/wp-content/uploads/2020/06/2020-TIP-Report-Complete062420-FINAL.pdf. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/979125994029216 pp. 161-167 (March 2021) Tackling Discrimination and Violence in the R&C Territories The Experience of Huelva and Jaen (Spain) Argelio Gallego Sánchez, Irene Sancho Gustos, Karen Bibiana Suárez Foronda* Introductory Overview The legal instrument governing the Spanish system is the 1978 Constitution, which serves as a basis for the distribution of powers, the organization of the national territory and the allocation of responsibilities. Article 1 of the Constitution defines Spain as a social and democratic State governed by the rule of law, which takes the political form of a parliamentary monarchy. Powers are separated into three levels: legislative, executive and judicial. Andalusia is an autonomous community in Southern Spain that accounts for about 2% of the European Union territory. Its geostrategic value is determined by its location on the Southern border of Europe, a few kilometres away from Northern Africa. It acts as a bridge between Europe and the Maghreb countries and is in a strategic position between the Atlantic Ocean and the Mediterranean Sea, a crossing between roads and civilizations. In matters of discrimination and violence against women, Andalusia has exclusive powers to promote gender equality in the social, work, economic and political spheres by virtue of its autonomous statute. Regarding violence against women, there are shared competences between the State and Andalusia. As for immigration, the other main topic of this report, it falls within the exclusive competence of the State, but Andalusia is competent in achieving social integration of migrants in accordance with Art. 62 of its autonomous statute. * Argelio Gallego Sánchez, Irene Sancho Gustos and Karen Bibiana Suárez Foronda, Young Educators in collaboration with the Diputación de Huelva. 161 162 Argelio Gallego Sánchez, Irene Sancho Gustos, Karen Bibiana Suárez Foronda Discrimination and Violence Based on Gender As established in the Treaty of the European Union, in the EU Charter of Fundamental Rights and in the Spanish Constitution (Art. 9.2), gender equality and antidiscrimination policies are the essential building blocks to change prevailing cultural patterns, attitudes and values. They help to eliminate stereotypes and promote social development, freedom, equality and the exercise of women’s fundamental rights, with the view of eliminating any form of violence against women. The only means at our disposal to put an end to violence against women is the development of equality and antidiscrimination policies, which constitute the basis for the implementation of specific measures oriented towards achieving the same goal. Moreover, the Istanbul Convention, which Spain is committed to implementing, represents one of the legal guidelines for tackling violence against women. Spanish legislation on Gender Violence Following the murder of Ana Orantes, gender violence became a public issue. Women’s organizations across Spain became involved in the fight against the scourge of male violence. Thus, their initiatives and demands were reflected in the changes that we saw in the following years. The current legislation on matters of gender equality and violence against women include: — Organic Law 1/2004, of 28 December, on integral protection measures against gender violence. — Organic Law 3/2007, of 22 March, on effective gender equality. — Organic Law 2/2010, of 3 March, on sexual and reproductive health and voluntary termination of pregnancy. In Andalusia, two regional laws were adopted complementing the above national legislation: Law 13/2007, of 26 November, on integral prevention and protection measures against gender violence in Andalusia; and Law 12/2007, of 26 November, on the promotion of gender equality in Andalusia. The following innovations have been introduced in the last three years: a situation of gender violence can be now documented by a written report by social specialized services, not just by the public prosecutor’s office or The Experience of Huelva and Jaen (Spain) 163 a court decision (Royal Decree–Law 9/2018). Royal Decree Law 6/2019 modifies the elaboration of equality plans in companies as well as the establishment of a body which monitors these Plans; the same Royal Decree Law modifies the statute of workers for the equalization of parental leaves. Lastly, Law 3/2019 was drafted to improve the situation of orphans who are victims of gender violence. In October 2019, GREVIO’s visit to Spain took place. On the occasion of this visit, the actions carried out by the Spanish State were analysed and the publication of a report was announced. This report will include the analysis of the group of experts, as well as recommendations to continue working on this. A preview of the report is that this international body defines Spain as a country that has made an enormous effort to fight against this type of violence that “is very present in public policies as well as in the role of social agents”. However, the members of GREVIO have also stressed the need to undertake changes on the level of prevention and education, to improve communication between the different administrations in order to favour a greater co–responsibility among them and to empower women in rural areas (a positive measure that is being carried out by the council). In the field of justice, GREVIO highlights the exemplary support given to women, although it draws attention to the time the aggressor spends in detention as well as the scarce judicial measures to avoid contact between the aggressors and the victims’ children. Data on the Magnitude of the Issue The data provided here goes back to 2003, which is the date when the number of female victims of gender violence began to be registered. So far, during 2020 there have been 25 female victims and the overall total from 2003 to 2020 amounts to 1058. As a result of the measures adopted and of increasing public awareness, a downward trend is noticeable. Nonetheless, concerning the 131 female victims registered since 2018, only 31 of them had lodged any kind of complaint against their aggressors. Considering the intersectional aspect of these data, out of the total number of victims in 2018, 19 were foreign women against 32 who were Spanish women. This pattern is repeated in the years 2019 and 2020, with 22 foreign women against 33 Spanish women and 8 foreign women against 17 Spanish women, respectively. The age of the victims ranges from 21 to 50 years. Regarding positive measures adopted locally, both Andalusian provinces resort to similar methods to achieve the goals of equality and elimination 164 Argelio Gallego Sánchez, Irene Sancho Gustos, Karen Bibiana Suárez Foronda of violence against women generally contained in the Equality Plans, drafted for a definite period. These local measures include professional trainings, preparation of inclusive material, use of inclusive language, regulation of women’s image, promotion of feminist groups, improvement of communication with the latter, public aids for social entities fighting for gender equality, training of men in equality issues, creation and promotion of movements on rural women, support and advice to municipalities in measures oriented towards eliminating gender violence, etc. Discrimination and Violence Based on Migration The UN Convention for the Elimination of All Forms of Racial Discrimination defines racial discrimination as: “Any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”. To facilitate the comprehension of the following paragraphs, the terms migrant, refugee and stateless person will be used in accordance with the meaning given to them by international organizations such as the United Nations and the Convention on the Status of Stateless Persons. Spain has experienced evident, sweeping changes concerning migration throughout the last decades, especially during the last ten years. Its geographic location is essential to any study of the migration phenomenon since only a 14–kilometer stretch of sea separates the Iberian Peninsula from Africa. Spanish legislation on immigration Immigration issues, which fall within the exclusive competence of the Spanish state, are regulated in the following laws: — The rights of foreigners are regulated in Art. 13.1 of the Spanish Constitution, which grants immigrants the public freedoms enshrined in the Constitution for Spanish citizens “in the terms established by the Treaties and the Law”. Article 13.3 provides that: “Extradition shall only be allowed in compliance with a treaty or with the Law, taking into account the principle of reciprocity”. The Experience of Huelva and Jaen (Spain) 165 — Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration. — Concerning asylum–seekers, the legislative instrument regulating this issue is Law 12/2009, of 30 October, on the right to asylum and subsidiary protection. With regard to the innovations that have taken place in recent years, legislative reforms respond to guidelines for action imposed by the competent administrative body, in this case, the Secretariat of Immigration. In 2020, and as a way of responding to the needs of immigrants during the current pandemic, the instructions that have been issued on immigration are intended to facilitate the maintenance of residence permits, work permits and the authorization to work for minors. Finally, for a few years now, a program called “Holidays in Peace” has been running in Spain with the Saharawi people. To this end, the relevant Ministry issued a resolution (the last in 2019) authorizing the temporary residence of minors and the stay of legal guardians of Saharawi origin, in Spain. Data on the magnitude of the issue With regard to the gender distribution of immigrants in Spain, there are more women than men. The immigrant population amounts to 6,104,203, accounting for 12.96% of the Spanish population, of which 3,190,456 are women (52.26% of the total number of immigrant persons). The nationality of the immigrant persons arriving in Spain has changed over the years; the largest proportion of them is currently of South American origin, significantly ahead of the second largest continent of origin, which is Africa. These are followed by Central America. Andalusia has a high inflow of migrants, being the fourth autonomous community with the largest inflow of migrants after Catalonia, Madrid and the region of Valencia. Concerning the positive measures adopted, the provincial council of Huelva implements a series of integral best practices, aimed towards integration while safeguarding the culture of the immigrant persons. Thus, according to the Andalusia Federation of Municipalities and Provinces in its report “Tratamiento Integral de la Inmigración en Andalucía” (“Integral Treatment of Immigration in Andalusia”), two municipalities in the province of Huelva are a reference for best practices: 166 Argelio Gallego Sánchez, Irene Sancho Gustos, Karen Bibiana Suárez Foronda CARTAYA LEPE Association for support to seasonal workers Interactive Courses of the Town Hall. Improvement of the Spanish language and of the integration of migrant children Services and resources located at the Office for Seasonal Workers Classes of approach to the Internet and new information technologies Table 1. Positive actions carried out in the Cartaya and Lepe municipalities, province of Huelva. Concerning the positive measures adopted by the provincial council of Jaen, in 2008 the Equality and Welfare Department of the council implemented a Program for the Integration and Social Promotion of immigrant persons with the aim of streamlining the criteria allowing the immigrant persons to enjoy their integration rights as well as to promote quality services for the reception and complete integration of these persons in the host society. In addition to the above, a series of Helpdesks for Seasonal Workers were created to meet the needs of all migrants that come to the Province of Jaen looking for work in the period of the olive harvest. The establishment of Lodges for Seasonal Workers is also noteworthy; it guarantees the basic needs of these workers. In this same area, the provincial council manages the Care Centres for Children of Seasonal Workers (including kindergartens, lodges and day–care centres). Indicative Bibliography Aranda R., Civilian action against gender violence in the L.O. 1/2004, «RJUAM», 17(2008–1), pp. 9–33. Delegación del Gobierno contra la Violencia de Género, see https://violen ciagenero.igualdad.gob.es/violenciaEnCifras/observatorio/home.htm. Diputación de Huelva. Área de Igualdad, http://www.diphuelva.es/igualdad/. Diputación de Jaén. Área de Igualdad, https://www.dipujaen.es/microsites/ igualdad/. Instituto Andaluz de la Mujer, https://www.juntadeandalucia.es/institutodelamujer/. The Experience of Huelva and Jaen (Spain) 167 Law 12/2009, of 30 October, regulating the Right to Asylum and Subsidiary Protection, “Official State Gazette”, 31 October 2009, no. 263, Madrid, pp. 90860–90884 https://www.boe.es/eli/es/lo/2004/12/28/1. Observatorio Permanente de la Inmigración, http://extranjeros.inclusion. gob.es/es/ObservatorioPermanenteInmigracion/index.html. Observatory of Migration in the Strait and Prevention of unwanted effects, http://web2.famp.es/famp/programas/seminarios_cursos_jornadas/ ARENA/guias/GUIA%20DE%20INMIGRACION%20(OMEPEI%20INTERREG%20III).pdf. Organic Law 1/2004 of 28 December on Comprehensive Protection Measures against Gender Violence, “Official State Gazette”, 29 December 2004, no. 313, Madrid, pp. 42166–42197. https://www.boe.es/eli/es/lo/2004/12/28/1. Organic Law 2/2009, of 11 December, on the reform of Organic Law 4/2000, of 11 January, on the Rights and Freedoms of Foreigners in Spain and their Social Integration, “Official State Gazette”, December 12, 2009, no. 299, Madrid, pp. 104986– 105031. https://www.boe.es/buscar/doc.php?id=BOE-A-2009-19949. Organic Law 2/2010, of March 3, on Sexual and Reproductive Health and the Voluntary Interruption of Pregnancy. Official State Gazette. Madrid, 4 March 2010, no. 55, pp. 21001–21014. https://www.boe.es/eli/es/lo/2010/03/03/2. Organic Law 3/2007, of 22 March, for the Effective Equality of Women and Men, “Official State Gazette”, 23 March 2007, no. 71, Madrid, pp. 12611–12645. https:// www.boe.es/eli/es/lo/2007/03/22/3. Organic Law 4/2000 of 11 January on the Rights and Freedoms of Foreigners in Spain and their Social Integration, “Official State Gazette”, January 12, 2000, no. 10, Madrid, pp. 1139–1150. https://www.boe.es/buscar/act.php?id=BOE-A-2000-544. Resolution of June 18, 2019, of the Secretary of State for Migration, by which The Agreement of the Council of Ministers of June 14, 2019 is published, by which The instructions that determine the procedure for authorize the temporary residence of minors and the stay of the monitors, Saharawi origin, in Spain within the framework of the “Holidays in Peace 2019” Program, “State official newsletter”, 18 June 2019, no. 146, Madrid, pp. 65082–65086. https://www.boe.es/diario_boe/ txt.php?id=BOE-A-2019-9217. Spanish Constitution, “Official State Gazette”, 29 December 1978, no. 311, Madrid, pp. 29313–29424. https://www.boe.es/eli/es/c/1978/12/27/(1). Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/979125994029217 pp. 169-207 (March 2021) The Comparative Analysis Francesca Finelli* Introduction This final comparative analysis is a complex output. Several legislative interventions and local policies are going to be presented with the view of evaluating how national legislators and local decision–makers have faced intolerance and discrimination in their territories (focusing on the changes which occurred over the past 3 years). The ultimate objective is to share best practices and inspire future positive actions against discrimination and violence. In other words, this comparative analysis intends to present different proposals for the improvement of (local) public policies and the promotion of social inclusion and citizen participation. The comparative reading concerns 15 partners from 9 countries around the world, more precisely 15 (public and private) entities located in 9 different territories characterized by diverse legal systems, forms of government, historical backgrounds, traditions, languages and cultures. Brazil, Bulgaria, Cape Verde, France, Greece, Italy, Portugal, Romania and Spain represent the 9 countries involved. The Municipality of Fortaleza (Brazil), Caritas Ruse (Bulgaria), Delphi Association for Strategic Management (Bulgaria), the Municipality of Praia (Cape Verde), the City of Dunkirk (France), the Vardakeios School for Indigent Children – Ermoupoli (Greece), the City of Collegno (Italy), the City of Turin (Italy), ISCOS Piemonte (Italy), the Inter–Municipal Community of Alto Alentejo (CIMAA) (Portugal), the Directorate of Social Assistance in Baia Mare (Romania), the General Directorate of Social Welfare at the Municipality of Bucharest (Romania), Caritas Bucharest (Romania), the Provincial Council of Huelva (Spain), and the Provincial Council of Jaén (Spain) are the official partners involved * Francesca Finelli, Post–Graduate Research Fellow at the University of Turin, Law Department, in collaboration with Mia Caielli, Associate Professor of (Comparative) Constitutional Law and member of the board of directors of CIRSDe (the Research Centre for Women’s and Gender Studies). 169 170 Francesca Finelli in the Recognize and Change (R&C) project,1 thus creating a peculiar fil rouge across Europe, Africa and South America. Figure 1. R&C partners on the map. This analysis concerns the above–mentioned territorial partners. It does not compare 9 sovereign countries, as it is intended to compare local policies and interventions tackling discrimination and violence in specific territories. Nevertheless, in order to compare local positive actions, it is essential to present the national contexts where these territorial entities are located. Firstly, the 9 countries involved in the R&C project have different territorial and demographic characteristics. At the extremes, there is Brazil, which represents the largest territory of this project, with a total area of 8.5 million square kilometres, and a population of 211 million. At the opposite end, there is Cape Verde, an archipelagic country (of 4,030 sq. km), which is the smallest country involved. STATE Surface (sq. Km) Brazil REGION Population 8,515,770 211 million State of Ceará CITY Surface Population 148,894 9 million Fortaleza Surface Population 313.8 2.6 million 111,000 7 million n/a n/a n/a Burgas Ruse 253 127 202,434 142,902 Cape Verde 4,030 549,935 n/a n/a n/a Praia 102 159,050 France 549,087 67 million 31,813 6 million Dunkirk 43.8 88,667 Bulgaria Hauts– de–France Region 1. See https://recognizeandchange.eu/partners. The Comparative Analysis STATE REGION Greece 131,960 South 10.7 million Aegean Region Italy 301,340 60.3 million Portugal 92,226 Romania 238,400 Spain 505,935 CITY Ermoupolis (Syros) 11.2 13,737 4.3 million Turin Collegno 130 18.1 870,952 49,615 6,080 105,479 Portalegre 448 22,359 n/a n/a Baia Mare Bucharest 233.5 228 123,738 1.8 million Huelva (Province) 8.4 million Jaén (Province) 10,128 13,484 519,932 638,099 5,286 309,015 25,387 Alto 10.2 million Alentejo Region 19.3 million n/a 47 million Piedmont Region Andalusia Region 171 87,268 TOTAL 25,520 7.2 million Table 2. Territories and populations involved in the R&C project. Secondly, the 9 countries involved represent different forms of government, including a presidential republic (i.e. Brazil), a parliamentary monarchy (i.e. Spain), semi–presidential republics (i.e. France, Portugal, Cape Verde and Romania) and parliamentary republics (i.e. Italy, Greece and Bulgaria). Moreover, these countries are characterised by strong and weak forms of decentralization. It follows that their legislative acts and local policies depend on different forms of coordination between the federal, regional and local level. Brazil is a federal state, characterised by a strong local decentralisation; the Republic of Cape Verde recognises only the administrative autonomy of local bodies; similarly, the European states involved in the project are either regional or centralised states which recognise local autonomies. Their territorial bodies (inter alia Regions, Departments, Provinces, Districts, Metropolitan Cities and Municipalities) have autonomous (decentralised) regulatory powers for the organisation and implementation of their functions. Moreover, Italian and Spanish regional bodies also have (exclusive) legislative power with regard to any matters not expressly attributed to the State or to the concurrent legislation.2 Thirdly and importantly, it is worth noticing that these 9 countries are bound by different supranational obligations, which protect human rights, combat discrimination and promote equality. At the international level, 2. See Art. 149 Spanish Constitution and Art. 117 Italian Constitution. See also https://portal. cor.europa.eu/divisionpowers/Pages/default.aspx. 172 Francesca Finelli these countries are all bound by customary law (such as international human rights and the principle of non–refoulment). In addition, they are committed to respecting the international treaties which they have ratified (mainly UN Conventions), inter alia the International Convention on the Elimination of All Forms of Racial Discrimination, the 1951 Convention relating to the Status of Refugees, and the Convention on the Elimination of All Forms of Discrimination against Women. Besides these international commitments, all the countries involved in the project are bound by regional legal sources. Brazil is part of the Inter–American human rights system;3 Cape Verde is bound by the African human rights system;4 Brazil, Cape Verde and Portugal are also members of the Community of Portuguese Speaking Countries (CPLP);5 European States (i.e. Bulgaria, France Greece, Italy, Portugal, Romania and Spain) are bound by two main sets of regional norms: firstly, they are all contracting parties of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), and they fall within the jurisdiction of the European Court of Human Rights; secondly, they are member states of the European Union, consequently, they are committed to respecting EU law (i.e. EU treaties, EU Charter of Fundamental Rights, EU Regulations, Decisions and Directives) as interpreted by the Court of Justice of the European Union (CJEU) based in Luxembourg. It follows that their legislative reforms, public policies and positive actions are strongly influenced by European bodies, as they are committed to uphold both European human rights and EU values. In conclusion, it is essential to keep in mind that the 15 partners involved correspond to 9 different constitutional systems, which are influenced by different supranational legal sources. The protection of equality and non– discrimination is guaranteed by different sets of norms, both international and regional, as well as by Constitutional provisions. This means that the protection of equality is ‘disaggregated’, namely it is shared by different institutions and enshrined in different — overlapping — legal sources. Within this multi–layered system, where different legal sources coexist, equality represents a core value. Yet intolerance and inequalities are still 3. For more details concerning (regional) obligations and legal sources in the inter–American system see http://www.oas.org/en/iachr/mandate/basic_documents.asp. 4. For more details see https://www.corteidh.or.cr/tablas/31712.pdf. 5. See https://www.cplp.org. The Comparative Analysis 173 (regrettably) a reality in every society involved. Therefore, the effective implementation of equal rights and equal opportunities for all is far from achieved. Figure 2. The multi–level protection of equality. 174 Francesca Finelli Table 3. Formal and substantive equality in the 9 constitutional systems involved. FORMAL equality (non–discrimination clause) SUBSTANTIVE equality BRAZIL Brazilian Constitution, Art. 5 Brazilian Constitution, Art. 3 “The fundamental objectives of the Federative Republic of Brazil are: IV – to promote the well– being of all, without prejudice as to origin, race, sex, colour, age and any other forms of discrimination”. BULGARIA Bulgarian Constitution, Art. 6 CAPE VERDE Cape Verdean Constitution, Art. 1(2) 6 Cape Verdean Constitution, Art. 1(4) “The Republic of Cape Verde shall gradually create the conditions indispensable for the removal of all the obstacles that impede the full development of the human person and limit the equality of its citizens, as well as their effective participation in the political, economic, social and cultural organization of the State and in the Cape Verdean society”. Art. 85(2) “The State shall also have the duty to undertake the elimination of the conditions which are conducive to discrimination against women and to ensure the protection of their rights”. FRANCE French Constitution, Art. 1 French Constitution, Art. 1 6. Substantive (de facto) equality recognises that positive actions must take place in order to fully eliminate discrimination, marginalisation and unequal opportunities. This principle is result– oriented, based on the insight that formal equality may not be enough, and it is also referred to as “equality of results” or “equality of outcome”. The Comparative Analysis 175 Table 3. Formal and substantive equality in the 9 constitutional systems involved. GREECE ITALY ITALY PORTUGAL FORMAL equality (non–discrimination clause) SUBSTANTIVE equality Greek Constitution, Art. 4(1) and (2) Greek Constitution, Art. 116(2) “Adoption of positive measures for promoting equality between men and women does not constitute discrimination on grounds of sex. The State shall take measures for the elimination of inequalities actually existing, in particular to the detriment of women”. Italian Constitution, Art. 3(1) Italian Constitution, Art. 3(2) “It is the duty of the Republic to remove those obstacles of an economic or social nature which constrain the freedom and equality of citizens, thereby impeding the full development of the human person and the effective participation of all workers in the political, economic and social organisation of the country”. Italian Constitution, Art. 3(1) Art. 117 “Regional laws shall remove any hindrances to the full equality of men and women in social, cultural and economic life and promote equal access to elected offices for men and women”. Portuguese Constitution, Art. 13 Portuguese Constitution, Art. 9 letter (d) and (h) “The fundamental tasks of the state are: d) To promote the people’s well– being and quality of life and real equality […]7 h) To promote equality between men and women”. 7. See the recent Law No. 83/2019, of 3rd September 2019, Housing Basis Law, which establishes the State commitment to guarantee the right to housing for all, without discrimination. 176 Francesca Finelli Table 3. Formal and substantive equality in the 9 constitutional systems involved. ROMANIA SPAIN FORMAL equality (non–discrimination clause) SUBSTANTIVE equality Romanian Constitution, Art. 4(2) and 16(1) Romanian Constitution, Art. 16(3) (Equal opportunities for men and women) Spanish Constitution, Art. 1(1) and 14 Spanish Constitution, Art. 9(2) “It is incumbent upon the public authorities to promote conditions which ensure that the freedom and equality of individuals and of the groups to which they belong may be real and effective, to remove the obstacles which prevent or hinder their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life”. Art. 35 (Equal professional opportunities) Discrimination and Violence Based on Gender Gender discrimination and violence against women and girls are widespread phenomena. Globally, they represent systematic, persistent, and pervasive human rights violations. Firstly, gender–based barriers prevent women and girls from exercising their fundamental rights and freedoms, from accessing education, healthcare, services, from achieving economic and political empowerment and, more generally, from enjoying equal opportunities. These barriers create the so–called gender “gaps”. Secondly, gender inequalities increase the risks of experiencing gender violence. In other words, gender stereotypes, inequalities and discrimination are strongly linked to violence. The international community recognises that the achievement of (de facto) gender equality and the full empowerment of women and girls are unsolved and open challenges. According to the World Economic Forum, in The Comparative Analysis 177 2020, there is still a 31.4% average gender gap that remains to be closed globally (considering four key dimensions, namely Economic Participation and Opportunity, Educational Attainment, Health and Survival, and Political Empowerment)8. The largest gender disparity is the Political Empowerment gap. In fact, in terms of global parliamentary representation, women have secured just 25% of available positions, a figure that slips to 21% at a ministerial level. Furthermore, in the past 50 years, 85 (out of 153) States have had no female head of state. The second–largest gap is on Economic Participation and Opportunity. Globally, women’s participation in the labour market is low (on average, only 55% of adult women are in the labour market, versus 78% of men) and financial disparities persist. Conversely, the global progress towards equal Educational Attainment and Health is more advanced. Figure 3. Gender gaps in 2020. Focusing on gender violence against women, the United Nations (UN) defines it as a pandemic affecting all countries9. More precisely, UN Women declares that “violence against women and girls is a human rights violation of pandemic proportions that takes place in public and private spaces”. Such violence manifests itself in physical, sexual and psychological forms. It negatively affects women’s general well–being and prevents women from fully participating in society. Presenting some fast facts regarding gender violence against women, it is estimates that 35% of women worldwide have experienced either physical and/or sexual violence (not including sexual harassment) at some point in their lives10. More than half of women killed worldwide were killed by intimate partners or other 8. Global Gender Gap Report 2020, available at http://www3.weforum.org/docs/WEF_ GGGR_2020.pdf. 9. https://www.un.org/en/sections/issues-depth/gender-equality/. 10. According to UN Women, https://www.unwomen.org/en/what-we-do/ending-vio lence-against-women/facts-andfigures#notes. 178 Francesca Finelli family members11. Approximately 15 million adolescent girls (aged 15 to 19) worldwide have experienced forced sex at some point in their life12. It is reported that 72% of all trafficking victims worldwide are women and girls — and 4 out of 5 of them are trafficked for sexual exploitation13. Globally, around 21% of young women got married before their 18th birthday14. Thus, the impact of gender violence ranges from immediate to long–term physical, sexual and mental health consequences for women and girls, including death. Violence against women represents the cruellest form of gender discrimination which is rooted in social (patriarchal) structures rather than individual and random acts15. Accordingly, the UN 2030 Agenda for Sustainable Development has explicitly included ‘Gender Equality’ in its 17 Goals16, targeting not only the need to end discrimination against women, but also the urgency to eliminate all forms of violence against women and girls in the public and private spheres (see Goal 5)17. Each regional legal system involved in the R&C project is committed to combating violence against women and promote gender equality. In the inter–American system, the Convention of Belém do Pará is devoted to the prevention, punishment and eradication of violence against women18. It strongly affirms that every woman has the right to be free from gender violence, which includes the right to be free from all forms of discrimination and the right to be valued and educated free of stereotyped patterns of behaviour and social and cultural practices based on concepts of inferiority or subordination19. 11. UNODC, Global Study on Homicide 2019 (Vienna, 2019), Booklet 5: Gender–related killing of women and girls, available at https://www.unodc.org/documents/data-and-analysis/gsh/ Booklet_5.pdf. 12. UNICEF, A Familiar Face: Violence in the lives of children and adolescents, 2017. 13. UNODC, Global Report on Trafficking in Persons (2018). 14. UNICEF, Child marriage around the world, Infographic (latest data as of March 2020), at https://www.unicef.org/stories/child-marriage-around-world. 15. See https://www.endvawnow.org/en/articles/295-defining-violence-against-women-andgirls.html. 16. See https://sustainabledevelopment.un.org/sdg5 and https://www.unwomen.org/en/ digitallibrary/multimedia/2017/7/infographic-spotlight-on-sdg-5. 17. See Goal 5, “Achieve gender equality and empower all women and girls”, at https://sus tainabledevelopment.un.org/sdg5. 18. The Inter–American Convention on the Prevention, Punishment, and Eradication of Violence against Women, also known as the Convention of Belém do Pará (where it was adopted in 1994). 19. Art. 6 Inter–American Convention on the Prevention, Punishment, and Eradication of Violence against Women, also known as the Convention of Belém do Pará. The Comparative Analysis 179 The African human rights system is bound by the so–called Maputo Protocol which complements the African Charter on Human and Peoples’ Rights (Banjul Charter). This Protocol requires African States to take positive actions in order to effectively tackle gender inequalities between women and men. It explicitly protects several women’s rights and freedoms, inter alia the right to dignity, to integrity and security, the right to access to justice and equal protection of the law, the right to participate in political and decision–making processes. Moreover, the Protocol includes the specific provisions on gender violence against women (Art. 4). Portugal, Brazil and Cape Verde are also members of the Community of Portuguese Speaking Countries (CPLP). In 2010, the II Meeting of Ministers Responsible for Gender Equality of the CPLP approved the so–called Lisbon Resolution, which acknowledged that all forms of violence against women are a serious violation of human rights and fundamental freedoms of women, and an obstacle to the achievement of gender equality and the empowerment of women. Following the Lisbon Resolution, the CPLP also announced Strategic Plans of Intervention with the view of combating gender discrimination and violence in the Community. Lastly, the European human right system is greatly devoted to gender equality. On the one hand, the European Union is considered a global leader in combating (gender) discrimination. Gender equality represents a key principle of EU law20. Accordingly, EU law strongly prohibits four types of discrimination: (i) direct discrimination (defined as the situation where one person is treated less favourably than another is, has been or would be treated in a comparable situation), (ii) indirect discrimination (defined as the situation where an apparently neutral provision, criterion or practice would put certain persons at a particular disadvantage), (iii) harassment and sexual harassment (defined as unwanted conduct occurring with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment), and (iv) instruction to discriminate21. Concerning discrimination in matters of employment and occupation, EU law also prohibits any less favourable treatment of a woman related to pregnancy or maternity leave22. In the field of criminal law, the EU has no legislative competence. It follows that 20. See Art. 21 of the EU Charter of Fundamental Rights and Art. 157 TFEU. In addition, since the 1970s, the EU has adopted 13 Directives regarding gender equality. See MEMO/07/426 at https://ec.europa.eu/commission/presscorner/detail/en/MEMO_07_426. 21. Art. 2 Directive 2006/54/EC, as well as Directive 2000/78/EC and Directive 2004/113/EC. 22. See Directive 92/85/EEC. 180 Francesca Finelli it cannot harmonise criminal law provisions concerning violence against women. Nevertheless, Directive 2012/29/EU, also called Victims’ Rights Directive, includes many provisions directly or indirectly referring to victims of gender–based violence. On the other hand, gender equality also represents one of the top priorities of the Council of Europe (CoE), which is fully committed to removing barriers impeding the full empowerment of women and their substantive equality in the society. The Council of Europe plays a major role in the protection and promotion of gender equality, shaping its development in Europe. It has produced solid legal standards and policy guidelines23. The European Court in Strasbourg (ECtHR) also contributes to the advancement of gender equality. Several rulings have stressed the interconnection between violence against women and violation of the right to life (Art. 2 ECHR), prohibition of inhuman or degrading treatment (Art. 3 ECHR) and prohibition of discrimination (Art. 14 ECHR)24. Moreover, in 2011, the Council of Europe adopted the landmark Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as Istanbul Convention), which represents the most far–reaching international treaty to tackle violence against women in all its forms. The role of the Istanbul convention in Europe The Istanbul Convention is the most–advanced legal document concerning gender violence against women. With its eighty–one articles, the Convention is impressive. It aims at zero tolerance for violence against women and provides strong guidelines for European States. The Istanbul Convention essentially builds on four (equally important) components (the “4Ps”), namely Prevention, Protection, Prosecution and integrated Policies25. 23. For an overview on the Council of Europe Standards and the Recommendations adopted by the Committee of Ministers addressing gender equality issues see https://rm.coe.int/CoERM PublicCommonSearchServices/DisplayDCTMContent?documentId=090000168058feef. 24. See Opuz v. Turkey (application no. 33401/02), A. v. Croatia (application no. 55164/08), Eremia and Others v. the Republic of Moldova (application no. 3564/11), Rumor v. Italy (application no. 72964/10), M.G. v. Turkey (application no. 646/10), Halime Kılıç v. Turkey (application no. 63034/11), Bălșan v. Romania (application no. 49645/09). 25. See the Explanatory Report (CETS 210) to the Council of European Convention on preventing and combating violence against women and domestic violence, para. 63, at https://rm.coe.int/ CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=09000016800d383a. See also https://rm.coe.int/coe-istanbulconvention-infografic-r02-v07/16809ea7f b. The Comparative Analysis Figure 4. The 4 pillars of the Istanbul Convention. Figure 5. Substantive law in the Istanbul Convention. 181 182 Francesca Finelli By ratifying the Istanbul Convention, States are bound by several commitments. They are not only committed to prohibiting, punishing and remedying violence in individual cases, but should also prevent violence through systemic measures. Their governments are obliged to change their laws, abolish practices which discriminate women, introduce gender– sensitive measures and allocate resources to effectively prevent violence against women. Accordingly, if a State wants to tackle violence against women in an effective way, imposing criminal punishments and civil remedies is necessary but not sufficient. Positive (preventive) actions are also demanded. Preventive measures, which aim at precluding violence from occurring in the first place (ex ante)26, shall go hand in hand with prosecution and criminal (protective) instruments. Thus, it is undoubted that the Istanbul Convention is the most advanced (European) legal instrument to tackle violence against women. It also sets up a monitoring mechanism to assess the level of implementation by its State Parties. In this framework, the role of the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) is particularly relevant as it is competent in terms of drawing up and publishing reports, evaluating the legislative interventions and other measures taken by the Contracting Parties, initiating special inquiry procedures and adopting recommendations on themes and concepts of the Convention27. Due to the extensive commitment required, several European States have not ratified the Istanbul Convention28. Today, only 34 European countries have ratified it29. In Bulgaria, the Constitutional Court even ruled that the Convention does not conform with the Bulgarian Constitution — making its ratification almost impossible30. According to the Court’s ruling, the term “gender”, as used in the Convention, is misleading and introduces a concept that is incompatible with the Bulgarian constitutional system. The Court declares that the acceptance of the “gender ideology” would 26. Grans L., The Istanbul Convention and the Positive Obligation to Prevent Violence, «Human Rights Law Review», 18(2018), pp. 133–155. 27. See the official website https://www.coe.int/en/web/istanbul-convention/grevio. 28. Chart of signatures and ratifications, status as of August 2020, available at https://www.coe. int/en/web/conventions/fulllist/-/conventions/treaty/210/signatures. 29. See https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/210/signatures. 30. Decision No 13 of 27.07.2018 on constitutional case No 3/2018. available (in Bulgarian) at http://constcourt.bg/bg/Acts/GetHtmlContent/f278a156-9d25-412d-a064-6ffd6f997310. See also https://balkaninsight.com/2018/07/27/bulgaria-s-constitutional-court-says-istanbul-conven tion-not-in-line-with-basiclaw-07-27-2018/. The Comparative Analysis 183 blur the binary understanding of “sex”, which is intended as two rigidly fixed options — male or female — determined at birth31. In addition, the Court affirmed that, if the Bulgarian legal order loses the ability to distinguish between a woman and a man, combating violence against women would be an unenforceable commitment32. This ruling has been defined as “the worst human rights decision in the court’s history”. The Court’s reasoning reflects a misconception of the Istanbul Convention which, in Art. 3, makes a distinction between ‘sex’ and ‘gender’ just for the sake of clarity. It defines gender as “socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men” and it aims at raising awareness on how these roles are often defined by outdated (patriarchal) stereotypes that can make violence against women, intimidation and fear more “acceptable”. The Bulgarian Constitutional Court failed to understand the ultimate goal of the Convention and, consequently, to urgently prioritise national interventions facing gender–based violence. Accordingly, it is not surprising that Bulgaria still struggles to ensure an adequate and comprehensive criminal law protection against all types of violence against women. In addition, Bulgaria encounters difficulties in addressing sexism, misogyny, and gender–based stereotypes. While the Bulgarian Constitutional Court strongly opposed the ratification of the Istanbul Convention, other European states have been developing advanced gender policies (in accordance with ECtHR’s rulings and GREVIO recommendations). In France, there has been a true national mobilisation in the fight against violence towards women, which, since 2010, has been designated as a “great national cause” by the French Government33. Several legislative interventions have gradually addressed the various forms of violence against women, strengthening the legal framework for preventing and punishing gender violence. Legislative efforts have been accompanied by a succession of five consecutive mobilisation Plans to combat violence against women. Furthermore, several measures have 31. Bulgarian Helsinki Committee, Human Rights in Bulgaria in 2018, chapter 14, Women’s Rights, 2019, available at https://www.bghelsinki.org/web/files/reports/127/files/BHC-Human-Rights-in-Bulgaria-in-2018-en-issn-2367-6930.pdf. 32. Vassileva R., Bulgaria’s Constitutional Troubles with the Istanbul Convention, Verfassungsblog, August 2018, available at https://verfassungsblog.de/bulgarias-constitutional-troubles-with-theistanbul-convention/. 33. See (in French) http://archives.gouvernement.fr/fillon_version2/premier-ministre/la-luttecontre-les-violences-faitesaux-femmes-grande-cause-nationale-2010.html. 184 Francesca Finelli been implemented to promote de facto gender equality. These measures include the first inter–ministerial Plan for professional equality between men and women, which aims to mobilise all ministries around gender–sensitive measures and policies34. In the same way, Spain has a consolidated tradition in combating violence against women and in setting high legal standards with respect of gender equality. Anticipating the entry into force of the Istanbul Convention, in 2004, Spain adopted the Organic Law 1/2004 on Integrated Protection Measures against Gender Violence, which has been defined as “one of the most advanced laws on intimate partner violence against women in Europe”35. In the last few years, several national strategies have been adopted to combat gender violence (e.g. the National Strategy for the Eradication of Violence against Women 2013–2016, the State Pact against Gender–based Violence 2018–2022, the second National Action Plan on Women, Peace and Security 2017–2023, the Comprehensive Plan to Fight against Trafficking in Women and Girls for the Purpose of Sexual Exploitation 2015–2018)36. In addition, concerning gender equality, Spain is one of the most–progressive countries in the world in closing gender gaps. According to the Global Gender Gap Index, Spain ranks 8th in 2020 and, in contrast with the global trend, Political Empowerment is the area where the most substantial improvements have been achieved. Spain represents the world’s most female–centric government, with 65% of female ministers. It is one of the only 10 governments in the world with a share of 50% or more37. The EU Gender Equality Index confirms that Spain is progressing towards gender equality at a faster pace than other EU Member States38. Portugal, which is the first EU country to have ratified the Istanbul Convention (in February 2013), has demonstrated a significant commitment to tackling gender violence and discrimination. It is import34. See (in French) https://www.egalite-femmes-hommes.gouv.fr/dossiers/egalite-profession nelle/le-1er-planinterministeriel-en-faveur-de-legalite-professionnelle/. 35. The Law received an honourable mention in 2014 in the Future Policy Award (given by the World Future Council) as one of the best pieces of legislation on violence against women. See https://www.worldfuturecouncil.org/wpcontent/uploads/2016/01/WFC_2014_Future_Poli cy_Award_En.pdf. 36. See https://violenciagenero.igualdad.gob.es/planActuacion/estrategiaNacional/docs/Estra tegia_Nacional_Ingles.pdf, http://www.exteriores.gob.es/Portal/en/PoliticaExteriorCooperacion/ DerechosHumanos/Documents/2017_II%20PLAN%20NACIONAL%20version%20web%20ENG. PDF, http://www.violenciagenero.msssi.gob.es/otrasFormas/trata/normativaProtocolo/planIntegral/DOC/Plan_Integral_Trata_2015-2018_ENG_DEF.pdf. 37. Global Gender Gap Report 2020, p. 25, available at http://www3.weforum.org/docs/WEF_ GGGR_2020.pdf. 38. Index score for Spain for 2019 at https://eige.europa.eu/gender-equality-index/2019/ES. The Comparative Analysis 185 ant to highlight that the ratification of the Istanbul Convention was unanimously agreed upon at the Portuguese Parliament and it involved all political parties since the beginning. Portugal has been at the forefront of European Countries that call for the full implementation of the Convention. Moreover, in the last few years, continuous efforts have been undertaken to implement the National Strategy for Equality and Non–Discrimination (2018–2030), also called “Portugal + Equal”39, and several action plans to prevent and combat violence against women. Accordingly, Portugal has been developing comprehensive long–term national strategies to promote (de facto) gender equality40. At a later date, Greece, Italy and Romania ratified the Istanbul Convention, in 2018, 2014 and 2016 respectively. As a result, today, 6 European countries involved in the R&C project are committed to the full implementation of the Convention, introducing specific legislations and policies to comply with it (as binding — supranational — legal source). Bulgaria represents the only exception in the project. Recent legislative interventions In the last few years, we have witnessed increasing attention towards gender issues and violence against women, and a growing commitment in national agendas. Recent legislative interventions in the 9 countries involved in the R&C project have focused on the following areas. Firstly, several countries involved in the R&C project have adopted substantive and procedural criminal law reforms in order to tackle violence against women more effectively. In 2018, Brazil amended its Code of Criminal Procedure and established that crimes concerning domestic violence against women, children, teenagers, the elderly and disabled people must be given priority in criminal tribunals41. Likewise, Romania introduced criminal law reforms addressing the length of the criminal proceeding. In order to promptly protect women victims of domestic violence, Romania has empowered police officers to issue temporary protection orders. More precisely, if police officers notice a situation of imminent risk deriving from an act 39. “Portugal Mais Igual”, see details at https://www.cig.gov.pt/documentacao-de-referen cia/doc/portugal-mais-igual/. 40. See UNCE, Beijing+25 National Reports, National–level reviews – Portugal, May 2019, available at https://www.unece.org/fileadmin/DAM/Gender/Beijing_20/Portugal.pdf. 41. Law No. 13,721 of 2nd October 2018, http://www.planalto.gov.br/ccivil_03/_ato20152018/2018/lei/L13721.htm. 186 Francesca Finelli of domestic violence, they can now ensure immediate protection for the victims, separating them from the aggressors42. In July 2019, Italy adopted the “Red Code”43, with the aim to speed up criminal proceedings, ensuring a privileged and accelerated procedure for victims of domestic and gender–based violence (in line with the judgement Talpis v. Italy issued by the Strasbourg Court in 2017, where the ECtHR found that the Italian authorities failed to take prompt action in a case of domestic violence). The term “Red Code” derives from the medical field, where, in case of hospital emergency, the red code identifies urgent patients who need to be treated with absolute priority. In the same way, the criminal “red code” has introduced an absolute presumption of urgency for criminal proceedings concerning gender violence. Besides criminal procedural reforms, these countries have introduced new criminal offences in their legal orders and, consequently, have amended their Criminal Codes. In 2018, Brazil introduced the crime of “unauthorized registration of sexual intimacy”44. In Italy, the Red Code criminalised so–called “revenge porn”, which is now classified in the Criminal Code as a new criminal offence regarding the dissemination of sexually explicit images or videos of a person without that person’s consent. Similarly, the need to protect women from cyber violence has recently emerged in Romania. In July 2020, cyber violence was introduced as a new criminal offence. This crime has been recognised as a specific form of domestic violence, defined as “online harassment, online hate–speech based on gender, online stalking, threats, non–consensual publication of intimate information and content, illegal access to private communications and data and any other type of abusive use of IT&C, aiming at embarrassing, shaming, humiliating, scaring, threatening the victim”45. Greece introduced several reforms after the ratification of the Istanbul Convention in 201846. More precisely, it amended domestic provisions concerning domestic violence and 42. Order No. 146/2578/2018 regarding the management of domestic violence cases by police. Available (in Romanian) at http://legislatie.just.ro/Public/DetaliiDocumentAfis/209455. See also Romanian Government First Report on the Implementation of the Istanbul Convention (received by GREVIO in February 2020) at https://rm.coe.int/state-report-onromania/16809b9faf. 43. Law No. 69/2019, “Modifiche al codice penale, al codice di procedura penale e altre disposizioni in materia di tutela delle vittime di violenza domestica e di genere”, available (in Italian) at https://www.gazzettaufficiale.it/atto/stampa/serie_generale/originario. 44. Law No. 13,772 of 19th December 2018, http://www.planalto.gov.br/ccivil_03/_ato20152018/2018/lei/L13772.htm. 45. Law No. 106/2020 following the ECtHR judgement in the case Buturugă v. Romania (application no. 56867/15). See https://balkaninsight.com/2020/07/07/romania-recognises-cyberharassment-as-form-of-domestic-violence/. 46. See Law 4531/2018 on the Ratification of the Istanbul Convention. The Comparative Analysis 187 human trafficking. In France, the latest criminal reforms were elaborated during the national Grenelle47, launched by the Government from September to November 2019, on domestic violence. This three–month Forum represented the first national consultation concerning gender violence, a key moment of openness and dialogue between French authorities, specialised associations and a large number of stakeholders. In this way, the national Forum increased both the political and the societal awareness of the phenomenon of gender violence. Concluded on the International Day against Violence against Women (25 November 2019), the French Grenelle announced new specific measures intended to protect victims of domestic violence, their children and to tackle the high number of feminicides in the country48. In Spain, a pioneering reform has been recently introduced with the view of strengthening access for victims of gender violence to social security benefits. Indeed, a situation of gender violence can now be documented by a written report issued by social specialised services — including public shelters — without a court order or prosecutor’s report49. Secondly, some of the countries involved in the R&C project have introduced new institutional bodies which are intended to monitor the phenomenon of gender violence as well as to ensure the implementation of effective gender policies. In March 2019, Portugal established the Multidisciplinary Technical Commission for the Improvement of the Prevention and Combat of Domestic Violence. Similarly, Greece institutionalised the Pan–Hellenic gender–based violence Network (including the General Secretariat for Family Policy and Gender Equality (GSFPGE), the municipalities, counselling centres, shelters, and the 24/7 SOS helpline). In January 2017, Italy established a Parliamentary Commission of Inquiry dedicated to the phenomenon of feminicide, and more generally of gender–based violence. The Italian Commission is not only responsible for conducting national inquiries, but it is also empowered to investigate possible inconsistencies and shortcomings of the legislation in force, with the purpose 47. See (in French) https://www.egalite-femmes-hommes.gouv.fr/un-grenelle-des-violencesconjugales-pour-lutter-contreles-feminicides/. 48. See Law No. 2019–1480 of December 28, 2019 aiming to tackling domestic violence (in French) at https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000039684243& dateTexte=&categorieLien=id. 49. Royal Decree 9/2018 on emergency measures for the development of the State Pact on Gender–Based Violence (Real Decreto 9/2018), Press release available (in Spanish) at https:// www.boe.es/boe/dias/2018/08/04/pdfs/BOE-A-2018-11135.pdf. 188 Francesca Finelli of presenting new legislative proposals and administrative solutions. In October 2018, Cape Verde set out the Inter–Ministerial Commission for Gender Mainstreaming, which is empowered to present public policy proposals and reporting annually on the state of incorporation of the gender perspective50. Thirdly and importantly, most of the countries involved have developed gender mainstreaming strategies. The implementation of these strategies requires the systematic integration of gender perspectives in all political, economic and societal spheres, so that women and men benefit equally, and inequality is not perpetuated51. Greece has adopted remarkable reforms in this direction. For the first time, Greece has included the notion of gender mainstreaming and gender budgeting into a legislative text52. It has also established specific provisions concerning gender equality in the education sector and the mass media/advertisement business (to eliminate stereotypes) as well as in the fields of health and social solidarity (e.g. special attention to the status and the needs of vulnerable groups of women). It has set up the use of gender–neutral language in official documents. Moreover, it has adopted specific provisions concerning gender equality at the workplace (e.g. encouraging public and private enterprises to implement “Equality Plans”, by introducing awards for their engagement in favour of equal treatment and equal opportunities for their male and female employees.). France has introduced measures promoting the economic empowerment of women. In 2018, it established new guarantees dedicated to “women’s freedom to choose their professional future”53. More precisely, France introduced a new Index of professional equality between women and men for all national companies with more than 50 employees. These companies are now required to annually publish their gender Index relating to gender pay gap, equal opportunities, internal promotions, etc. Companies that do not publish their Index, or do not implement (equal) gender plans for their 50. Resolution No. 103/2018. See also OHCHR, Committee on the Elimination of Discrimination against Women reviews the situation of women in Cabo Verde, July 2019, available at https://www. ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24824&LangID=E. 51. UN Economic and Social Council (ECOSOC), Resolution 1997/2, Agreed Conclusions of 18 July 1997, available at https://www.refworld.org/docid/4652c9fc2.html. 52. Law No. 4604/2019 on substantive equality entered into force on 26 March 2019 (initiated by the General Secretariat for Family Policy and Gender Equality). 53. Law No. 2018–771 of 5th September 2018, “pour la liberté de choisir son avenir professionnel”, (in French) at https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000037367660& categorieLien=id. The Comparative Analysis 189 employees, are exposed to financial penalties. Furthermore, new vocational training has been carried out for labour inspectors in order to prevent situations of violence. Spain has also established binding equality plans for companies with more than 50 employees54. In addition, Spain has introduced new transparent measures to control the gender pay gap. Portugal has promoted balanced representation of women and men in decision–making — both in the economic and the political sector. It has defined a minimum 33% threshold of women and men in boards of public and listed companies, a minimum 40% threshold for civil servants in public administrations, public higher education institutions, and public foundations and associations, and a minimum 40% threshold for electoral lists (for both national and European parliaments, and for territorial bodies)55. In the same way, Greece has adopted a 40% quota system in favour of women for the lists of candidates in both parliamentary and local elections. In Brazil, according to the Constitutional reform in 2017, political parties must be composed of a minimum of 30% of women candidates56. Lastly, Cape Verde has also introduced the “Parity law”57, which sets out the principle of parity between men and women in political representation (both in national electoral processes and local ones). Recent (local) policies Gender equality is protected by a multi–level system of legal sources, inter alia by supranational obligations, constitutional rights and non–discrimination legislation; nevertheless, the effective implementation of gender mainstreaming policies is often in the hands of territorial entities. Similarly, even if gender–based violence is addressed by international, regional and domestic laws, only territorial bodies can truly prevent such violence and protect its victims. For these reasons, each constitutional system involved in the R&C project empowers local competent authorities to adopt positive actions, in order to effectively tackle gender violence and achieve de facto equality between men and women. 54. See Royal Decree–Law 6/2019, of 1 March 2019 on urgent measures to guarantee equal treatment and opportunities for women and men in employment and occupation. 55. See Law No. 62/2017 (https://dre.pt/home/-/dre/107791612/details/maximized), Law No. 1/2019 (https://dre.pt/web/guest/pesquisa/-/search/121712770/details/normal?q=Lei+Org%C3 %A2nica+n.%C2%BA%201%2F2019) and Law No. 26/2019 (https://dre.pt/home/-/dre/121665 677/details/maximized). 56. Presidency of the Brazilian Republic, Constitutional Amendment No. 97 of October 4th, 2017, http://www.planalto.gov.br/ccivil_03/Constituicao/Emendas/Emc/emc97.htm. 57. Parity Law No. 68/IX/2019. 190 Francesca Finelli Most of the countries involved in the project adopt regional Plans of Interventions against gender discrimination and violence, establishing specific measures to be implemented at the local level. Moreover, French municipalities (including the City of Dunkirk) go a step further. They are also committed to implementing municipal Plans of interventions in order to achieve “true” gender equality (pour l’égalité réelle entre les femmes et les hommes)58. As a matter of fact, since 2014, the French legislator has established that every municipality with more than 20,000 inhabitants is bound to submit an annual report on the territorial situation regarding gender equality, covering the policies pursued in the community and the guidelines for future–needed interventions to be carried out in the medium and long term to correct the inequalities observed. These local reports represent an important monitoring tool, but they also guarantee constant local engagement in gender policies. Brazil, Cape Verde, Greece, Italy and Portugal have promoted the territorialisation of responses against violence towards women. In Brazil, both the State Government of Ceará and the Municipality of Fortaleza offer specific services to women who are victims of gender violence, inter alia shelters for victims and their children, psychosocial support, professional training courses with the aim of promoting the economic autonomy and empowerment of women. Furthermore, since 2019, the Reference and Care Centre for Women in Situations of Violence Francisca Clotilde (CRM Francisca Clotilde) has been located inside the Brazilian Women’s House (Casa da Mulher Brasileira) which also houses other important institutions: the Police Station for the Defence of Women (which offers in–person assistance 24/7)59, the Court of Domestic and Family Violence against Women, the Public Ministry and the Public Defender’s Office. In Greece, the South Aegean Region and the island of Syros have proactively engaged in the “Regional Strategy for Social Inclusion, Fight against Poverty and all forms of Discrimination (2014–2020)”. In this framework, Syros has supported the operation of counselling centres and shelters for victims of gender violence, as well as research centres on gender studies. In Italy, the Piedmont Region has consolidated the regional network of anti–violence centres and shelters. 58. Law No. 2018–873 of 4th August 2018, https://www.legifrance.gouv.fr/affichTexte.do?cid Texte=JORFTEXT000029330832&categorieLien=id. 59. See https://www.ceara.gov.br/2020/09/08/casa-da-mulher-brasileira-retoma-atendimentospresenciais/. The Comparative Analysis 191 In addition, it has established specific vocational training programmes for operators of anti–violence services and specific measures to monitor gender violence and support its victims within the healthcare sector (i.e. a new “Pink Code” in the hospital triage)60. Since 2000, the City of Turin has constantly supported the Coordination Against Violence Against Women61, a territorial body which combines diverse professional actors. The participants are either public or private entities, directly or indirectly involved in combating gender violence, such as in the field of health care, social–welfare, psychological and legal assistance, cultural integration, education, and research. They make available their own professional skills, financial resources, and monitoring mechanisms. The Coordination represents a comprehensive system of protection for victims of gender violence, as well as a fundamental monitoring tool in the city of Turin. Since 2018, the City has strengthened the inter–institutional dialogue between all those actors operating in the field of prevention, protection and prosecution of male violence against women, fostering the local coordination against gender violence62. Likewise, in the last few years, the Inter Municipal Community of Alto Alentejo (CIMAA) has promoted a strong institutional coordination between local bodies supporting and protecting victims of gender violence63. This territorial network is committed to provide financial support, medical, psychological and legal assistance to women victims of violence and their children. It ultimately aims to assist victims in exiting violence and achieving their socio–occupational (re) integration and empowerment. The City of Turin and the Inter Municipal Community of Alto Alentejo (CIMAA) represent important good practices. Their territorial networks and coordination mechanisms between several professional entities do not only represent a holistic system of protection for women victims of gender violence, but they also cooperate in the monitoring activity of the phenomenon at the local level, which is an extremely complex task since it is usually a “submerged” phenomenon, 60. See https://www.regione.piemonte.it/web/temi/diritti-politiche-sociali/diritti/antiviolen za/codice-rosa. 61. In Italian as “Coordinamento Contro la Violenza sulle Donne” (CCVD), http://www. comune.torino.it/politichedigenere/po/po_reti/po_cccvd/. 62. In 2018, the city Council approved an important Action Plan labelled “Turin free from gender–based violence”, “Piano d’azione contro la violenza di genere”. See http://www.comune. torino.it/ucstampa/2018/article_868.shtml. 63. Protocol for a Strategy to Combat Domestic and Gender Violence Alto Alentejo Est and West (2018–2021), see http://comarca-portalegre.ministeriopublico.pt/protocolos-nacionais. 192 Francesca Finelli widely under–reported64. Consequently, following the above–analysed local models, it is essential to involve as many monitoring entities as possible and to consider all the available sources of information. In Brazil, the Municipality of Fortaleza has implemented several positive actions in the field of education and raising awareness, focusing on youth. These local interventions have been supervised by the Special Coordination of Public Policies for Youth (CEPPJ) and its CUCAs (Urban Centres of Culture, Art, Science and Sports). These actions aim to sensitise young people on gender issues, diversity and tolerance, by means of workshops, sports, vocational training, public events and campaigns. Moreover, the Municipality of Fortaleza has promoted innovative positive actions, inter alia raising awareness initiatives on Afro–Brazilian culture, public campaigns on black women rights (facing intersectional discrimination), and preventive actions regarding the LGBT community (such as introducing a Municipal Day for Visibility of Transvestite and Transsexual people). In the same way, Cape Verde and the City of Praia have implemented several education initiatives, workshops and vocational training as well as campaigns defending sexual diversity and LGBT rights and freedoms. In Andalusia, the Provinces of Huelva and Jaén are strongly committed to equality. In Huelva, recent local policies have focused on the creation of the so–called “Space of equality” (in Spanish as “Espacio de igualdad”) where men and women enjoy equal rights and social participation65. The ultimate goal of this local initiative is to raise awareness on gender issues by means of different techniques, such as public debates, concerts, workshops, exhibitions, conferences, etc. Similarly, the Province of Jaén has introduced the Film Festival against Gender Violence, promoting not only audio–visual creativity and production on this phenomenon, but also paying special attention to gender violence prevention and social awareness66. In addition, both Spanish Provinces have introduced specific training courses on gender equality. In Huelva, the “School of Equality” provides local 64. Sabbadini L., Audizione davanti alla Commissione parlamentare d’inchiesta sul femminicidio, nonché su ogni forma di violenza di genere, 2017, available at https://www.senato.it/service/PDF/ PDFServer/DF/338920.pdf. 65. See http://www.diphuelva.es/igualdad/contenidos/ESPACIO-DE-IGUALDAD/. 66. Diputación Provincial de Jaén, Festival de Cortometrajes contra la Violencia de Género, https://www.dipujaen.es/microsites/igualdad/festival-de-cortometrajes-contra-la-violen cia-de-genero/. The Comparative Analysis 193 politicians with the knowledge required for the implementation and development of public policies on gender equality and its inclusion in local agendas67. In 2019, the Provincial Council of Huelva also introduced the ‘Guide for an equal use of language and image’, with the view of tackling sexist language in local public administrations68. In Jaén, the “School of feminism and empowerment” is open to anyone who is interested in attending trainings on gender issues, with the view of tackling patriarchal stereotypes and machismo69. Lastly, the Province of Huelva and the Metropolitan City of Turin have developed peculiar positive actions dedicated to men. More specifically, Huelva has introduced the ‘Men who dream of equality’ project, which aims to promote the involvement of men in the achievement of equality, focusing on their co–responsibility in housework70. Turin has supported (experimental) initiatives dedicated to perpetrators of gender–based violence aiming at limiting recidivism and preventing future violence against women. While aimed at limiting recidivism and preventing further violence, these programmes are also intended to teach perpetrators of gender violence to adopt non–violent behaviour in interpersonal relationships (in line with Art. 16 of the Istanbul Convention)71. Gender violence and the LGBT community Several partners have observed that gender violence and discrimination strongly affect the LGBT community. Brazil, Cape Verde, France, Greece, Italy, and Portugal have reported that LGBT people are frequently victims of hate crimes and hate speech. They represent a particularly vulnerable group in those societies, a community which “is living in fear”72, sub67. Diputación Provincial de Huelva, Escuela de Igualdad, http://www.diphuelva.es/igual dad/contenidos/ESCUELA-DEIGUALDAD-00001/. 68. For more details see http://www.diphuelva.es/igualdad/contenidos/Uso-igualitario-dellenguaje-y-de-la-imagen/. 69. See https://www.dipujaen.es/microsites/igualdad/escuela-feminismo-empoderamiento/. 70. See (in Spanish), http://www.diphuelva.es/igualdad/contenidos/HOMBRES-QUE-SUE NAN-CON-IGUALDAD/. 71. Art. 20 Regional Law No. 4/2016, (in Italian) at http://arianna.consiglioregionale.piemon te.it/iterlegcoordweb/dettaglioLegge.do?urnLegge=urn:nir:regione.piemonte:leg ge:2016;5@20193-1. See also http://www.cittametropolitana.torino.it/speciali/2018/maltrattanti/. 72. Giuffridi A., ‘We’re living in fear’: LGBT people in Italy pin hopes on new law, “The Guardian”, 26 July 2020, available at https://www.theguardian.com/world/2020/jul/26/italy-lgbt-new-lawdebate. 194 Francesca Finelli ject to widespread discrimination and violence. In many countries these forms of discrimination and violence remain (regrettably) invisible and, therefore, non–prosecuted. Hence, the LGBT community risks not only being targeted by hateful discrimination and violence, but also being left without effective legal remedies, protection and compensation. In Bulgaria, anti–LGBT hate crimes remain unrecognised and, if recorded, they are usually treated by the police as acts of hooliganism73. In Italy, LGBT people are protected by neither criminal nor civil provisions74. The Italian legal system is still blind to homophobia. Yet, this legal vacuum contrasts with the reality. According to national surveys75, more than 50% of the LGBT community in Italy has been subject to discrimination — at school and university, in the workplace, in access to work, housing, healthcare and public services. A new legislative proposal is currently under discussion in the Italian Parliament76. The proposal aims to include sex, gender, sexual orientation, and gender identity within the current legal framework on hate crimes and hate speech, amending the Criminal Code. If approved, it will be an extension of an existing criminal law framework which punishes “propaganda and incitement to crime on the grounds of racial, ethnic and religious discrimination”. In the same way, legislative reforms are expected in Brazil, where homophobia is still not criminalised. In June 2019, the Brazilian Supreme Court addressed the current lack of legal remedies protecting the LGBT community. It ruled that homophobia and transphobia should be framed within the racism criminal law, until the federal congress approves legislation specifically dealing with LGBT discrimination77. Undoubtedly, the Court’s decision puts strong pressure on the Brazilian Parliament. At the same time, the ruling represents a severe blow to the conservative and homo–transphobic President Jair Bolsonaro. 73. Godzisz P. & Viggiani G. (eds.), Running through Hurdles: Obstacles in the Access to Justice for Victims of Anti–LGBTI Hate Crimes, Lambda Warsaw Association, 2018, available at https://iris. unibs.it/retrieve/handle/11379/509062/88384/2018%20Running%20through%20hurdles.pdf. 74. Italian legislation only protects LGBT people when discriminated at the workplace, for reasons related to sexual orientation: see Legislative Decree no. 216 of 9 July 2003, implementing Directive 2000/78/EC for equal treatment in matters of employment and working conditions (https://www.camera.it/parlam/leggi/deleghe/03216dl.htm). 75. Data referred to 2011, see details (in Italian) here https://www.istat.it/it/archivio/62168. 76. See draft proposals (in Italian) at https://www.camera.it/leg18/126?tab=1&leg=18&id Documento=569&sede=&tipo=. 77. See the judgement (ADO 26 / DF) in Portuguese at http://www.stf.jus.br/arquivo/cms/ noticiaNoticiaStf/anexo/ADO26votoMAM.pdf. The Comparative Analysis 195 Greece and Portugal are the only countries involved in the R&C project which have recently introduced the right to gender identity. More precisely, the Greek legal order has recently recognised that “gender identity means the internal and personal way in which a person experiences his or her own gender, regardless of the gender that was registered at birth, based on his or her biological characteristics”78. In this way, the law has removed the need for transgender people in Greece to undergo sterilisation to have their gender legally recognised — an oppressive practice that violates individuals’ bodily integrity. Similarly, Portugal has introduced the right to “self–determination” of gender identity and gender expression and the protection of sexual characteristics79. Moreover, Portugal has amended its Criminal Code as to appropriately punish hate crimes on the grounds of sexual orientation and gender identity80. In the last few years, France has also witnessed the emergence of the question of “intersex”. The legal recognition of a neutral (third) gender has been discussed before French courts. Nevertheless, in May 2017, the Cour de Cassation found that French Law does not allow the recognition of a neutral gender81. Such recognition (by the judiciary body) would have profound repercussions on the French legal system and would bypass numerous legislative changes. Thus, to this day, the French legal system recognises the binary classification of gender — male and female. Discrimination and Violence Based on Migration The difficult definition of ‘migrant’ First of all, it is essential to analyse the concept of ‘migrant’. It is worth noting that, at the international level, no universally accepted definition exists. The United Nations Department of Economic and Social Affairs (UN DESA) defines a ‘migrant’ as a person who moves away from his or her 78. See Law 4491/2017 (Government Gazette A’ 152/13–10–2017). See also https://www.ilga europe.org/resources/news/latest-news/greece-gender-recognition-law-oct2017. 79. See Law No. 38/2018, https://dre.pt/pesquisa/-/search/115933863/details/maximized. 80. See Law No. 94/2017. See also Resolution of the Council of Ministers No. 61/2018, of 21 May and the National Strategy for Equality and Non–Discrimination 2018–2030 “Portugal + Equal”. 81. French Court of Cassation, N° 16–17189 (4th May 2017), available at https://www.legi france.gouv.fr/juri/id/JURITEXT000034653561/. 196 Francesca Finelli place of usual residence, temporality or permanently, for a variety of reasons82. However, it is controversial whether the term ‘migrant’ can be all– embracing, an umbrella concept, referring to every person who moves. The fundamental disagreement concerns whether or not ‘migrant’ is an inclusive label that also includes refugees83. On the one hand, the inclusivist view holds that migrants are people who have moved regardless of their legal status and their motivations (consequently, including refugees)84. On the other hand, the residualist view sees migrants as people who have moved from their usual place of residence for every reason other than fleeing war or persecution85. Following the latter point of view, a migrant is someone who chooses to move and, unlike refugees, a migrant does not fear persecution or serious harm in his or her home country of origin. According to the UN High Commissioner for Refugees (UNHCR), blurring the terms ‘refugees’ and ‘migrants’ takes attention away from the specific legal protection that only refugees require. Thus, in order to protect the peculiar status of refugees, the UNCHR is the primary supporter of the residualist viewpoint. Despite such different views, it is undoubted that the reasons to move are diverse. For instance, the movement of a person or a group of persons may be motivated by economic opportunities. These individuals are often called ‘economic migrants’ and defined as someone who leaves his or her country of origin in order to find a better life86. This is a clear example of ‘voluntary migration’ according to which people leave their home because of the so–called ‘pull factors’ (such as better career opportunities, education or family reunion). On the contrary, when migration is the result of ‘push factors’ (inter alia persecution, war, violations of human rights and abuses), it may be defined as forced migration. The cruellest and harshest push factors lead individuals to seek international protection. People 82. See the United Nations Department of Economic and Social Affairs (UN DESA), Recommendations on Statistics of International Migration, 1998, p. 9. 83. Carling J., What is the meaning of migrant?, available at www.meaningofmigrants.org (lastly accessed in July 2020). 84. For example, the International Organisation for Migration (IOM) favours the inclusive approach (see https://www.iom.int/who-is-a-migrant). 85. The primary proponent of the residualist view of migrants is the UN Refugee Agency (UNHCR). See https://meaningofmigrants.files.wordpress.com/2016/09/definitions-compared.png for a visual explanation and the UN High Commissioner for Refugees (UNHCR), ‘Refugees’ and ‘Migrants’ – Frequently Asked Questions (FAQs), 31 August 2018, available at: https://www.refworld. org/docid/56e81c0d4.html. 86. https://www.amnesty.org.au/refugee-and-an-asylum-seeker-difference/. The Comparative Analysis 197 seeking this protection are not fleeing poverty (they are not seeking better opportunities), they are fleeing danger87. This generally happens when a society ceases to provide security for its people and, consequently, it falls into disorder. In many cases, individuals are fleeing in terror from abuses perpetrated by their own State. In other instances, they are escaping from oppression that the State is powerless to prevent because it has lost control of territory or otherwise ceased to function in an effective way88. Individuals who seek international protection are called ‘asylum seekers’. More precisely, an asylum seeker is someone whose claim for international protection has not yet been finally decided on by the country in which he or she has submitted an asylum petition89. The concept of ‘asylum’ refers to a process, and it differs from the concept of ‘refugee status’. Indeed, not every asylum seeker will ultimately be recognised as a ‘refugee’, but every recognised refugee is initially an asylum seeker. ‘Refugees’ are a specific category of individuals crossing international borders. According to the 1951 Convention Relating to the Status of Refugees, a ‘refugee’ is defined as any person who “owing to well–founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”90. International law provides the universal definition of refugee, and it also sets forth core principles for the protection of these individuals91. The non–refoulement principle (meaning no forced returns) is the most relevant obligation. Today, it is considered a norm of customary law92, meaning 87. Betts A. & Collier P., Refuge: Rethinking Refugee Policy in a Changing World, Oxford University Press, 2017, p. 16. 88. UNHCR, The State of The World’s Refugees 1993, Introduction: The Challenge of Protection, see https://www.unhcr.org/publications/sowr/4a4c6da96/state-worlds-refugees-1993-challenge protection. html#:~:text=The%20State%20of%20The%20World's%20Refugees%201993%3A%20 The%20Challenge%20of%20Protection,-By%20United%20Nations&text=It%20is%20also%20 an%20eloquent,to%20their%20homes%20once%20again. 89. International Organization for Migration (IOM), Glossary on Migration, 2019, available at https://publications.iom.int/system/files/pdf/iml_34_glossary.pdf. 90. The 1951 Convention Relating to the Status of Refugees, Art. 1. 91. See the 1951 Refugee Convention, Art. 3 (non–discrimination), Art. 31 (non–penalisation) and Art. 33 (non–refoulment). 92. UN High Commissioner for Refugees (UNHCR), The Principle of Non–Refoulement as a Norm of Customary International Law. Response to the Questions Posed to UNHCR by the Federal Constitu- 198 Francesca Finelli that it has absolute nature and represents a clear limit to the discretion of sovereign States in regulating migration. It asserts that a refugee should not be returned to a country where he or she would face serious threats to their life or freedom. Accordingly, this principle prohibits the State to extradite, deport, expel, or otherwise return (refouler) a refugee. It also implies that asylum seekers cannot be rejected, cannot be prevented from requesting protection (exante). In fact, every asylum seeker could potentially be recognised as refugee. Thus, the non–refoulement principle not only covers recognised refugees, but also asylum seekers awaiting status determination93. Non–admission, rejections at the frontiers, pushbacks of boats are violations of the non–refoulement principle. On the one hand, it is undoubted that the management of migration flows and the adequate protection of refugees are intertwined goals. The UNHCR itself recognises that its general interest in the field of migration stems from the fact that there is a link between forced displacement and migratory movements94. In 2016, the UN General Assembly explicitly recognised the strong link between migrants and refugees, and adopted the New York Declaration for Refugees and Migrant95. Despite recognising the difference between legal standards protecting those individuals, the Declaration affirms the urgent need for a comprehensive approach to human mobility. It declares that, even if the management of refugees and migrants is governed by different sets of rules, they both have the same human rights and fundamental freedoms. In other words, although many people on the move fall outside the refugee status, they are nonetheless in need of (the same) human rights protection. In addition, both refugees and migrants may face common challenges and have similar vulnerabilities96. tional Court of the Federal Republic of Germany in Cases 2 BvR 1938/93, 2 BvR 1953/93, 2 BvR 1954/93, 1994, https://www.refworld.org/docid/437b6db64.html. 93. European Union Agency for Fundamental Rights, ‘Scope of the principle of non–refoulement in contemporary border management: evolving areas of law’, (2016), p. 14, https://fra.eu ropa.eu/sites/default/files/fra_uploads/fra-2016-scopenon-refoulement-0_en.pdf. 94. UNHCR, Memorandum of Understanding between the United Nations High Commissioner for Refugees and the International Organization for Migration, 15 May 1997, Para. 10, available at https://www.unhcr.org/4aa7a3ed9.pdf. 95. UN General Assembly, New York Declaration for Refugees and Migrants : Resolution adopted by the General Assembly, 3 October 2016, A/RES/71/1, available at https://www.refworld.org/do cid/57ceb74a4.html. 96. Within the migration context, ‘vulnerability’ represents the limited capacity to avoid, resist, cope with, or recover from harm, and ‘migrants in vulnerable situations’ are those individuals who are unable to effectively enjoy their human rights, are at increased risk of violations and abuse and who, accordingly, are entitled to call on a duty bearer’s heightened duty of care. See The Comparative Analysis 199 Vulnerable migrants include women at risk, children, especially unaccompanied migrant children or children separated from their families, members of ethnic and religious minorities, victims of violence, older persons, persons with disabilities, persons who are discriminated against on any basis, indigenous peoples, victims of human trafficking and victims of exploitation and abuses in the context of the smuggling of migrants97. These individuals are at higher risk of suffering harm during their migration process. Their vulnerability to human rights violations is the result of multiple and intersecting forms of discrimination, inequality and societal dynamics that lead to diminished and unequal levels of power and enjoyment of rights98. It is important to highlight that these vulnerable migrants may fall outside the specific legal category of ‘refugees’. Nonetheless, they need special protection (mainly because of personal characteristics such as their age, gender identity, disability, or health status, or because they have been victims of abuse). Therefore, even when migrants do not qualify as refugees, they may be subjected to other kinds of protection99. As a result, in the framework of international migration, there is not a clear–cut distinction between migrants in need of protection and migrants who are not entitled to it. This confusion is particularly true in the context of ‘large movements’100. Large migratory movements are also called ‘mixed’ migratory flows, and, in these flows, the refugee dimension varies. In some cases (for example, the surge in arrivals in Europe by boat in the Eastern Mediterranean in 2015), the vast majority are refugees. In others, the composition is more mixed101. Yet, the risks to which IOM, Glossary on Migration, (2019), available at https://publications.iom.int/system/files/pdf/ iml_34_glossary.pdf. 97. Human Rights Council Resolution 35/17, Protection of the human rights of migrants: the global compact for safe, orderly and regular migration, p. 3, available at https://www.un.org/ en/development/desa/population/migration/generalassembly/docs/globalcompact/A_HRC_ RES_35_17.pdf. 98. Report of the United Nations High Commissioner for Human Rights, UN Document A/ HRC/37/34, Principles and practical guidance on the protection of the human rights of migrants in vulnerable situations, Report of the United Nations High Commissioner for Human Rights, 2018, p. 5, https://undocs.org/A/HRC/37/34. 99. See, for example, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the Convention relating to the Status of Stateless Persons; and the Convention on the Rights of Persons with Disabilities. 100. New York Declaration for Refugees and Migrants, Para. 6. 101. Grandi F., Refugee and Migration, in J. Knolle & J. Poskett (eds.), Migration, Cambridge University Press, 2020, pp. 79–95. 200 Francesca Finelli refugees and migrants are exposed are often the same. For these reasons, according to the New York Declaration, the international community has to guarantee a comprehensive migration policy support, assistance and protection consistent with international law obligations (both human rights law and refugee protection standards). Unsafe and disorderly movements of migrants must be avoided — or at least combated102. Essentially, the international community shall be committed to “making migration work for all”103. Indeed, according to the UN Secretary–General António Guterres, “Without seeking to create new legal categories or to expand on the unique forms of international protection provided in the refugee framework, we must design an adequate response to the needs of migrants in large movements”104. On the other hand, despite the common dangers to which many people on the move are exposed, no one should ever blur the line between refugees and migrants. As a matter of fact, only refugees move (or better, flee) because of conflicts or persecutions, or, more generally, a failure of protection in their own countries. Therefore, only certain individuals need specific protection because of the situations they left behind. Treating them as “simple” migrants risks obscuring their distinct status and rights in international law105. In fact, refugees are a specifically defined and protected group under international law, because of the situation in their country of origin, making it impossible for them to go home (i.e. feared persecution, conflict, violence, or other circumstances have seriously disturbed public order)106. They are so recognised precisely because it is too dangerous for them to return home, and therefore they need protection elsewhere. According to the UNHCR, the predicament of refugees is a common concern of humankind107. Therefore, minimising the reasons why refugees move risks to undermine their legal status and, consequently, their need for protection. 102. See UNGA Resolution 73/195, Global Compact for Safe, Orderly and Regular Migration, 2019, available at https://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/73/195. 103. Report of the Secretary–General, UN Document A/72/643, Making migration work for all, 2017, available at https://refugeesmigrants.un.org/sites/default/files/sg_report_en.pdf. 104. Ibidem, para. 50. 105. Grandi F., Refugee and Migration, supra cit. 106. UN High Commissioner for Refugees (UNHCR), ‘Refugees’ and ‘Migrants’ – Frequently Asked Questions (FAQs), 31 August 2018, available at: https://www.refworld.org/docid/ 56e81c0d4.html. 107. Report of the UN High Commissioner for Refugees (UNHCR), UN Document A/73/12 (Part II), Global compact on refugees, available at https://www.unhcr.org/gcr/GCR_English.pdf. The Comparative Analysis 201 Recent legislative interventions In the last few years, migration has emerged as a critical political and societal challenge, particularly in matters such as integration, security and border management108. Globally, we are witnessing growing intolerance towards those individuals who are perceived as “others” or “aliens”. The values of inclusiveness, tolerance and non–discrimination have been significantly undermined. They have been challenged by new strong fears that, essentially, perceive the “other” as a threat for the hosting society. These concerns have triggered the growing consensus of nationalist, far– right parties and anti–immigrant sentiments. Several countries have engaged in an intensifying discussion about the “unsustainable arrivals” of migrants in their territories. Brazil has been facing the massive influx of asylum seekers from Venezuela across its northern border (particularly in the State of Roraima). The European Union has been extremely exposed to the waves of migrants and refugees. The unprecedented number of arrivals peaked in 2015, when first–time applications for international protection almost reached 1.3 million109. The impact of the migration crisis was particularly severe in Greece, Italy and Spain, as their coastlines were directly involved in the management of the Mediterranean migration routes and the Western African one110. More precisely, Greece has been engaged in the Eastern Mediterranean route, which has seen the biggest migratory wave111. In 2015, the Greek asylum system almost collapsed. Then, the joint EU–Turkey statement (signed on 18 March 2016) represented a turning point in the management of the migration crisis in Greece112. However, its legitimacy is strongly debated113. Italy faced the unprecedented 108. International Organization for Migration (OIM), World Migration Report 2018, chapter 2, p. 13, available at https://publications.iom.int/system/files/pdf/wmr_2018_en.pdf. 109. According to Eurostat, see https://appsso.eurostat.ec.europa.eu/nui/show.do?dataset= migr_asyappctza&lang=en. 110. See http://data2.unhcr.org/en/situations/mediterranean?page=1&view=grid&Type% 255B%255D=3&Search=%2523monthly%2523. 111. According to Frontex, 885,000 migrants used it to reach the EU in 2015 — 17 times the number in 2014. 112. Council of the European Union, ‘EU–Turkey statement, 18 March 2016’, Press Release 144/16, 18.03.2016, at https://www.consilium.europa.eu/en/press/press-releases/2016/03/18/ eu-turkey-statement/. 113. See Duhaâ M., The EU Migration Crisis and the Human Rights Implications of the Externalisation of Border Control, in C. Strohal & S. Kieber (authors) & W. Benedek, P. Czech, L. Heschl, K. Lukas, & M. Nowak (eds.), European Yearbook on Human Rights, 2018, p. 135–166. See also Haferlach L. & Kurban D., Lessons Learnt from the EU–Turkey Refugee Agreement in Guiding EU Migration 202 Francesca Finelli arrival of migrants from the Central Mediterranean route. The mass arrivals of asylum seekers from the Mediterranean Sea has triggered strong xenophobic positions and claims of “invasion”114. Accordingly, the Italian legislator has introduced two “Security Decrees”115, which are founded on the idea that immigration and insecurity are strongly intertwined phenomena. The Security Decrees were intended to stop the large admission of migrants in the Italian territory, reducing the criteria for humanitarian residence permit, “criminalising” sea rescue operations, and imposing the idea that the masses of migrants from the Mediterranean can only jeopardise internal security and stability. However, reading the migratory phenomenon (only) in terms of security concerns is far from uncontroversial116. In fact, the Italian Constitutional Court has recently ruled on the partial unconstitutionality of the first Security Decree117. Similarly, in France, there have been many contradictions in migration policies. In the last few years, the main concern of the French legislator has been taking control of immigration flows. In 2018, the “Controlled immigration Act” was adopted with the view of simplifying and speeding up the reception procedure118. At the same time, this Act contains several measures which tend to reduce immigration, weaken fundamental rights and individual guarantees. Thus, Greece, Italy and France have recently implemented controversial migration policies, which risk being in conflict not only with their constitutional principles119, but also with international customary law (which prohibits the collective expulsion of aliens and states the principle of non–refoulement). Partnerships with Origin and Transit Countries, Global Policy, 2017, available at https://onlinelibrary. wiley.com/doi/full/10.1111/1758-5899.12432. 114. H. de Haas, The Myth of Invasion, 2015, available at http://heindehaas.blogspot.com/ 2015/05/the-myth-of-invasion.html. 115. Decree Law n. 113/2018, first “Security Decree” also known as “Salvini Decree” and Decree Law n. 53/2019, second “Security Decree” also known as “Security Decree bis”. 116. Corsi C., Evaluating the ‘Salvini Decree’: Doubts of Constitutional Legitimacy, EUI 2019, at https://cadmus.eui.eu/bitstream/handle/1814/61784/PB_2019_06_MPC.pdf ?sequence=1&is Allowed=y. and S. Carta, Beyond closed ports: the new Italian Decree–Law on Immigration and Security, 2018, available at https://eumigrationlawblog.eu/beyond-closed-ports-the-new-italian-decree-lawon-immigration-and-security/. 117. Italian Constitutional Court, Judgement 186/2020, 9th July 2020, ECLI:IT:COST:2020:186, https://www.cortecostituzionale.it/actionSchedaPronuncia.do?param_ecli=ECLI:I T:COST:2020:186. 118. Loi No. 2018–778 of 10th October 2018 pour une immigration maîtrisée, un droit d’asile effectif et une intégration réussie. 119. See Art. 10(3) of the Italian Constitution (“A foreigner who, in his home country, is denied the actual exercise of the democratic freedoms guaranteed by the Italian constitution shall be entitled to the right of asylum under the conditions established by law”). The Comparative Analysis 203 Bulgaria and Portugal registered that migrants and ethnic minorities are highly vulnerable to intolerance, aggressive public campaigns, and nationalist far–right movements. Both countries have also reported widespread hate speech on the Internet and online threats against migrants. In many cases, the steps taken to combat hate speech online are inadequate and the sanctions are not a deterrent120. In addition, Portugal has reported the persistence of cases of police violence against migrants (Brazilian, Ukrainian, Romanian and Moldovan) and minorities (in particular Roma and Afro–descendants, but also Muslims, lesbians, gays, bisexuals and transgenders). Recent (local) policies The definition of migration policies is usually centralised at the national level. National governments normally have exclusive decision–making power over the regulation of migration flows and the admission of foreigners within domestic borders. Territorial authorities, Regions and Municipalities cannot regulate immigration and asylum in an autonomous way. Nevertheless, these territorial entities are competent for the social integration of migrants and are responsible for the coordination of several assistance measures such as accommodation, healthcare, education and training. It follows that integration policies and positive actions (against exclusion and discrimination of migrants) are usually in the hands of local authorities. Those territorial entities, with the support of civil society organisations, are directly involved in the design and implementation of specific measures ensuring to the socio–economic inclusion of migrants in the hosting society. It is important to notice that integration process deals with several human rights and fundamental freedoms, inter alia social dignity, non–discrimination, full development of each human person, effective participation in the political, economic, and social organisation of the country121. These fundamental values are enshrined both in international law instruments (in particular in the International Convention on 120. See European Commission against Racism and Intolerance (ECRI) Report on Portugal, 2018, p. 9. 121. Certain partners (such as the City of Turin) favour the concept of ‘interculture participation’ rather than ‘integration’, where the former has a specific focus on intercultural engagement, an inclusive and participatory approach in the management of different cultures, communities, and people, promoting their understanding and interaction in the public sphere. 204 Francesca Finelli the Elimination of All Forms of Racial Discrimination)122, domestic laws and constitutional provisions. Accordingly, most of the partners involved in the R&C project have been involved in the implementation of national, regional, and local interventions aimed at combating migration–based discrimination and ethnic segregation. The City of Fortaleza (Brazil), Praia (Cape Verde), Dunkirk (France), Turin (Italy), Huelva and Jaén (Spain) have adopted municipal plans of interventions against migration–based and ethnic discrimination. More precisely, they have introduced positive actions with the view of promoting the social inclusion of migrants at the municipal level. The City of Fortaleza has financed a local strategy to welcome migrants and refugees by offering them a public residence, named Centro–Dia, where minimum life conditions are guaranteed for all (inter alia habitation, food and security, as well as legal assistance). The City of Dunkirk has financed specific actions in order to guarantee the right to hygiene for refugees in the Grande–Synthe humanitarian camp. The South Aegean Region (Greece), including the island of Syros, has developed worth–mentioning positive actions concerning the social inclusion of immigrants and refugees123. Local interventions have mainly focused on the social integration and economic empowerment of immigrants, through the provision of counselling services, legal support and intercultural mediation. In addition, several organisations and research centres have been actively monitoring the phenomenon of racial discrimination (inter alia the Prevention Centre “THISEAS” of Cyclades, the Antiracist Observatory of University of the Aegean, the Centre for Research and Development of the Holy Metropolis of Syros, Community Centre of the Municipality of Syros–Ermoupolis and Vardakeios School of Ermoupolis). Likewise, the Piedmont Region (Italy) has activated a strong Regional Network Against Discrimination124, a Solidarity Fund for the judicial protection of victims of discrimination125, several raising awareness initiatives and training activities for ‘anti–discrimination officers’126. In Andalusia (Spain), the Provinces of Huelva and Jaén have adopt122. See Art. 5, 6 and 7 International Convention on the Elimination of All Forms of Racial Discrimination adopted by the UN General Assembly in 1965. 123. In the framework of the regional Strategy for Social Inclusion, Fight against Poverty and all forms of Discrimination, within the NSRF (National Strategic Reference Framework 2014–2020). 124. See http://www.piemontecontrolediscriminazioni.it/rete-regionale. 125. In Italian as “Fondo per il patrocinio legale delle vittime di discriminazioni”, http:// www.regione.piemonte.it/governo/bollettino/abbonati/2017/07/attach/re201704_polsoc.pdf. 126. In the framework of the Three–year Regional Plan Against Discrimination (2018–2020), https://www.regione.piemonte.it/web/sites/default/files/media/documenti/2019-01/piano_ The Comparative Analysis 205 ed specific local measures for the social integration of migrants. Recent interventions have mainly focused on education initiatives and training, more precisely on Spanish language courses and IT&C classes. Moreover, due to the seasonal olive harvest, the Province of Jaen has created a series of Helpdesks for seasonal workers, as well as accommodation services and care centres for children of seasonal workers. Similarly, the City of Praia has financed several information initiatives for migrants who need access to basic services (inter alia education, healthcare, social security and regularisation) as well as language courses and professional trainings. The City of Turin has developed advanced intercultural policies and it represents an outstanding model127. In 2018, it established new “Guidelines for Interculture and Participation”128, with the view of promoting full and equal engagement of all in the adoption of local policies. More recently, in June 2020, the City of Turin launched a public consultation, according to which citizens are invited to present written proposals aimed at co–drafting the (new) Collaboration Agreement for an Anti– racist Turin129. In this way, the City of Turin has affirmed its commitment to fighting racism and hateful intolerance, while also consolidating its open and participatory approach in the definition of local public policies. Conclusions This research confirms that inequalities and violence persist in every society, in every culture, in every country and territory, from a small island (as Syros) to a huge metropolis (as Fortaleza). Since intolerance and disparities exist everywhere, each national legislator and local entity shall feel the urgent need to tackle these issues with the view of achieving de facto equality for all. Both state and local decision–makers shall commit themselves to promoting equality by all means, inter alia through legislative triennale_2018-2020_0.pdf. See also https://www.regione.piemonte.it/web/temi/diritti-politi che-sociali/diritti/antidiscriminazioni/rete-regionalecontro-discriminazioni. 127. See https://www.coe.int/en/web/interculturalcities/torino. 128. In Italian as “Linee guida per il Coordinamento alle Politiche per l’Interculturalita e alla Partecipazione”, http://www.integrazionemigranti.gov.it/Attualita/Notizie/Documents/La%20 politica%20interculturale%20della%20Città%20di%20Torino_latest.pdf. 129. In Italian as “Patto di Collaborazione per una Torino Antirazzista”, http://www.comune. torino.it/benicomuni/bm~doc/avviso-per-la-presentazione-di-proposte-di-collaborazione.pdf. See also http://www.comune.torino.it/ucstampa/comunicati/article_152.shtml. 206 Francesca Finelli reforms, implementation of social policies, national strategies, positive actions as well as local plans of interventions. Concerning gender inequalities, it is important to recall that gender– based violence is the most de–humanising form of gender oppression. For this reason, national and local competent authorities shall adopt policies and measures equally addressing prevention, protection, and punishment of violence, in order to ensure a comprehensive and integrated approach against gender violence (as suggested — in Europe — by the Istanbul Convention and its 4–pillar structure). In the framework of the R&C project, several legislators have largely privileged national reforms aimed at criminalising acts of violence against women and tackling the inadequacies of criminal (procedural) law provisions. In this way, they have failed to fully recognise the structural dimension of the phenomenon. Indeed, criminal reforms are not enough to tackle the social and cultural reasons of violence against women. The widespread patriarchal attitudes and stereotypes should be addressed by systematic interventions, including education initiatives, awareness raising, training of professionals and, more generally, preventive measures aiming at combating sexist social and cultural patterns of behaviour that are based on the idea of inferiority of women. In order to achieve this goal, regional and urban actors play an essential role. While not having competences on criminal law matters, they are the true protagonists of the effective implementation of equality legislation and social policies. For this reason, territorial actors should guarantee a holistic system of prevention and protection for victims of gender violence, as well as cooperate in the monitoring activity of the phenomenon at the local level. Gender–based violence has been frequently registered not only as a widespread phenomenon affecting women, but also the LGBT community. Indeed, most partners involved in the R&C project reported that LGBT people are frequently victims of intolerance, hate crimes and hate speech. Regrettably, in many countries these forms of discrimination and violence remain invisible and non–prosecuted. Accordingly, this research intends to highlight that discrimination and violence concerning the LGBT community should deserve more attention both at national and local levels. Migration–based discrimination and violence represent a more complex phenomenon. Firstly, no universally accepted definition of ‘migrant’ exists. Secondly, migration policies are usually influenced by territorial needs. Similarly, integration (or “intercultural”) policies are affected by local sensitivities. For instance, some territories are traditionally consid- The Comparative Analysis 207 ered as transit zones due to their geostrategic location (such as Cape Verde which connects America, Europe and Africa), and, consequently, have a consolidated tradition in dealing with migration. Other countries have been exposed to the “unsustainable” arrival of asylum seekers and migrants only in the last few years. Moreover, certain territories are characterised by emigration rather than immigration (such as Romania which is one of the European countries with the largest emigrant population). Despite these territorial differences, claims of nationalism and anti–immigrant (xenophobic) sentiments represent a common trend. Indeed, recent interventions have mainly given priority to the necessity to (re)gain control on national territories and, accordingly, to implement pushbacks at borders and other obstacles for migrants. In this way, national legislators have failed to appropriately reconcile the need to face migration issues while understanding their humanitarian dimension. Accordingly, they have not only undermined the status of asylum seeker and refugees, but also contravened the non–refoulment principle as well as international human rights law and domestic constitutional principles. Furthermore, they have negatively affected the implementation of anti–discrimination rules and inclusive policies at the national level. On the contrary, local bodies played an essential role in designing local positive actions and social inclusion strategies. Building the “Recognize and Change” Culture ISBN 979-12-5994-029-2 DOI 10.53136/979125994029218 pp. 209-212 (March 2021) Afterword Norma De Piccoli, Mia Caielli It is difficult to draw conclusions from such a rich and layered project. This project was innovative both in terms of the issues it wanted to address, but also for having combined the development of knowledge and sensitivity on extremely relevant ethical aspects through an active and participatory methodology. What makes this project so original is its ‘ecological’ and ‘systemic’ approach; these aspects featured the construction and implementation of the method and the development of the contents. This project is ‘ecological’ in the sense that each group and partner country involved has adapted the project to its subjects, its culture, its institutional and legislative contexts, while maintaining the same macro themes and objectives as all partners. It is ‘systemic’ because it relies on a methodology referred to as learning by doing. This approach allowed Young Peer Educators (referred to as YEs, i.e. Young Educators) to acquire knowledge and skills on the topics covered during the training and then take that knowledge to the young students in the schools and share it with the young students through a horizontal relational approach, which facilitated exchanges and communication. Feedback on the project highlighted that it was not always possible to create a perfect synergy between all participants involved. This being said, the overall perception of the project on behalf of the students was a positive one, as they deemed the experience to be participatory and engaging. Another limitation proved to be the Covid–19 pandemic, which inevitably imposed some changes on the project execution and the way in which the project could be delivered. Some partners were unable to complete all the in–class activities prior to the lockdown; as a consequence, they were unable to achieve the objectives that had initially been set out for the 3rd year in the way which had been planned. Nevertheless, the European Union allowed each partner to achieve the final project outcomes (even in an innovative way), safeguarding the possibility of carrying out a complete qualitative assessment (see chapter 2 par 3). 209 210 Norma De Piccoli, Mia Caielli The themes around which the three years are structured (Relationships; Diversity; Violence) — referring specifically to immigration as regards the theme of prejudice, and gender as regards violence (focusing on violence against women and discrimination towards the LGBT community) — presuppose an idea of inclusive citizenship, in which everyone and anyone — regardless of ethnicity, religious belief, and gender — have the same rights and duties. Sharing and fully accepting this belief means sharing belonging to the local community itself, while respecting the specificities of individuals, groups, and cultures. Legislation is, or can be, an expression of this tension which goes towards welcoming or excluding the other. An example could be ius soli, which is present in some states, but not in others. The idea of citizenship should therefore also include the sense of respect and recognition of the other, as mentioned by German philosopher Axel Honneth (for further information on the subject, see Gattino, Miglietta)1. Honneth writes that social life reproduces itself “under the imperative of mutual recognition, since subjects can only come to a practical relationship with themselves if they learn to conceive themselves from the normative perspective of their partners in interaction […] Therefore the process of identification that takes place in the history of the species is linked to a simultaneous amplification of the relationships of mutual recognition”2 (Honneth, 2002, pp 114–115). Honneth identifies three forms of recognition: love, law and social esteem. Here it seems interesting to focus, albeit briefly, on legal recognition. As Gattino and Miglietta point out (page 37), the law does not admit gradients when it comes to human rights; that is, rights either exist or they do not. It is through judicial recognition that a person achieves self–respect, because it is through legal recognition that rights are legitimized and rights “raise (in the subject) the awareness of being able to respect himself because he has obtained the respect of all the others” (Honneth, p. 144). Therefore, the other assumes a social identity starting from the judicial recognition of his existence and presence within a given local community; 1. S. Gattino, A. Miglietta, National citizenships and cultural affiliations, Liguori publisher, Naples 2010. 2. A. Honneth, Fight for recognition. Proposals for an ethics of conflict, Il Saggiatore, Milan 2002 (or. Kampf un Anerkennung Grammatik Sozialer Konflikte, Suhrkamp, Frankfurt amMain 1992). Afterword 211 failure to have judicial recognition means he is mis–known, is invisible to the law, and, therefore, also to the social context. Citizenship is seen as an expression of rights and duties that involve everyone; it is the full acceptance of these rights and duties that guarantees forms of coexistence based on mutual respect. As is well known, legislation is not enough to change stereotypical attitudes and prejudices. It is a question of intertwining different levels of responsibility. The presence or absence of legislation that goes in the direction of guaranteeing full citizenship to everyone does not exempt one from social and cultural responsibility on the one hand, and subjective and personal on the other: how does each of us behave and what does each of us do to oppose violent and discriminatory behaviour? In terms of social and political responsibility, what are the institutions doing to develop a culture of respect, even at the local level? What legislative instruments — local, national, and international — are available in order to promote a civic sense of civil life based on respect and trust? It is unquestionable that the analysis of international, domestic, and local legislations and policies aimed at combating discrimination and violence plays a crucial role. However, the diversity of the socio–legal contexts of the partners involved needs to be taken into consideration: accordingly, the three years of work entailed more than just putting together a huge amount of data, statistics, and pieces of legislation. The real challenge of the project was to unveil false analogies, to appreciate the resulting divergences, and to understand what divergences and similarities bring to light. This was, among other things, a comparative legal study; it pushed us to look beneath the law as written formally in text, and to study the underlying structure of the law and explore the substructural forces that influence it, such as, for instance, religion, history, and geography. Therefore, the dialogue between partners played a crucial role: all local and international workshops, meetings with the policymakers, coordination with youth associations (even when dealing with the difficulties of the Covid–19 pandemic during the third year of the project), proved extremely useful for the process of understanding each other and avoid the most common mistakes of legal comparison. The famous comparative law methodological caveats3 were, indeed, implicitly considered by each participant in the project: they were all well aware of the possible different 3. R. Schlesinger, Comparative Law: Cases–Texts–Materials, The Foundation Press, Brooklyn 1950. 212 Norma De Piccoli, Mia Caielli meanings attached to the same legal term or concept (see, for example, the complex understanding of “migrant”), depending on the many factors. One of the aims of the project was to assess the results in order to share best practices and inspire future positive actions for the promotion of social inclusion and citizen participation. The process of evaluation and assessment could have run the risk of seeking and stressing similarities at all costs and, consequently, suggesting uniform solutions or useless “transplants”. This, however, was not the case: this project paid attention to diversity yet its pluralistic nature did not make it impossible to start from a common, crucial, premise. As pointed out above, the problem of recognition as a “vital human need”4 represented the heart of this research project, together with an idea of citizenship based on how both women and national/ethnic minority groups can enter the realm of the public sphere. This has little to do with citizenship as a legal status and with the rules of naturalization that vary from country to country; instead, it focuses on the concept of citizenship based on the acknowledgment of difference in gender, ethnicity, and religion and also entailed that the quest for equal respect may justify special measures for minority groups or for women. This means searching for “institutionalized” means for the explicit recognition and representation of oppressed groups5 and addressing gender–based violence from the perspective of valuing all people equally irrespective gender, and redefining the distinction of public and private to accommodate for the recognition of citizenship practices in the private realm. 4. C. Taylor, Multiculturalism and the Politics of Recognition, 1992, p. 26. Bibliography Amarl Filho J. et. al. (ed.), Ceará 2050’s Report: together thinking about the future, 2018. Amerio P., Psicologia di comunità, il Mulino, Bologna 2000. 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APPENDICES Appendix I The Campaigns, the Contests, and the “Choose and Change” Game 1. The Campaigns Posters distributed on the public transport network. The images and claims were translated and made available to the partner countries in their respective languages and distributed and shared in the high–traffic areas of every city. First Year Campaign: ‘Discrimination does not exist’. 233 234 Appendices i. The Campaigns, the Contests, and the “Choose and Change” Game 235 236 Appendices Second Year Campaign: ‘I am not a monster’. i. The Campaigns, the Contests, and the “Choose and Change” Game [1] ‘Even if you don’t intervene, you are still involved’. [2] ‘Violence is never acceptable’. [3] ‘If I see violence, I can stop violence’. Third Year Campaign. 237 238 Appendices Promo Year I i. The Campaigns, the Contests, and the “Choose and Change” Game Promo Year II 239 240 Appendices Promo Year III i. The Campaigns, the Contests, and the “Choose and Change” Game 241 Examples of posts published on Instagram in Year III ‘ABC’ series with descriptions pertaining to the difference types of violence that exist and how to combat or prevent them. 242 Appendices 2. The ‘Recognize and Change’ Contests https://recognizeandchange.eu/contest i. The Campaigns, the Contests, and the “Choose and Change” Game 243 244 Appendices 3. Choose and Change https://game.recandchange.eu/ i. The Campaigns, the Contests, and the “Choose and Change” Game Website homepage: https://recognizeandchange.eu/. 245 Appendix II The “Recognize and Change” Formative Model Training Project: Year I The educational project detailed here is the in–depth programming of action 2.1. of the project “Recognize and change”, which aims to build awareness and train Young Educators [YEs] (aged approximately between 19 and 26) in their communities and in local associations, who will then go on to facilitate interactions between high school students (aged approximately between 15 and 19), middle school students (aged approximately between 11 and 14), and adults (parents and teachers). This project takes place over three years; each year is dedicated to one of the three themes of the project: relationships; identity and inequality; and discrimination and violence. As planned, during the three phases, the training courses for the YEs will be designed and coordinated by SFEP (the School of Continuing Education Training), which is the training agency of the City of Turin. The aim of the courses is to train YEs in order to develop and increase their ability to involve high school students in conversations pertaining to the issues that the project will focus on every year, foster exchanges within the class groups, and co–construct awareness–raising tools. In interacting with the students, the YEs will have to assume the role of ‘process facilitators’; their success in facilitating the process lies first and foremost in their ability to create a safe, positive space disciplined by few yet clear shared rules. The in–class sessions will be pursued once the YEs have completed their training; then, the methodology they have learned and tested in the training sessions will be implemented in the sessions with the students. The approach of the training is not oriented towards ‘knowledge’, but ‘knowing how to’ and ‘knowing how to be’; the YEs will replicate this approach within the sessions they will facilitate in the schools (the classes of the educational institutions may be extremely diverse and respond very differently to this approach). The content of the YE training will therefore inform the ‘in–class 247 248 Appendices workshops’ taking place in high schools, and the students will be involved in the discussion, design and implementation of awareness campaigns targeted at young people in lower secondary schools (‘middle schools’). The topics of the project Three main themes in three separate phases1: 1st year: focus on “identity and relationships”, to recognize the right / duty to be recognized and respected, and to recognize and respect others. The training will deal with topics related to: — building own’s ego; — integrating into the world; — roles and relationships; — the group; — risks and good practices. 2nd year: focus on “diversity and discrimination” to highlight similarities and differences between one’s own identity (with a relative wealth of resources) and that of others (learning how to enhance their wealth). The topics will be: — analysis and deconstruction of stereotypes (starting from gender and ethnic/cultural stereotypes); — analysis of types of discrimination; — individual and collective responsibility in discriminatory acts. 3rd year: focus on “violence” as one of the possible consequences of discrimination. Among the possible topics: — forms of violence; — the predator and the victim; — positive reactions; — culture of respect. 1. The themes concerning gender equality and migration are cross-cutting issues that will feature in the entire project experience. ii. The “Recognize and Change” Formative Model 249 In addition, in the 3rd year, special attention will be paid to violence against women and immigrants. The model and the participants The proposal provides the basis for the definition of a local training model, edited by the MLAE, with the support of the Training Consultant and the Social Media Manager. The Local Training model comprises: — presenting the topic and its adaptation to the local context; — applying the methodology to the specific context; — integrating the basic bibliography with studies carried out in the relevant country; — organizing the scheduling; — identifying trainers — implementing training through: – a residential internship – 16 hours; – training meetings – 10 hours; – exchanges / discussion meetings (during the workshops in the classes) – 6 hours; – ongoing assessment and final assessment – 6 hours; – possible meetings with witnesses – 2 hours. — defining the assessment and evaluation steps, in relation to the scheduling; — monitoring and collecting documentation; — continuously sharing resources with the team lead. Once again, it is important to stress that the YE training model of the 1st year defines the methodological constants of the subsequent two years; the entire project adopts the Empowered Education (E.P.E.) approach. This is an educational model that moves away significantly from traditional approaches to education, which aims to improve and develop the central role of young people, who will be directly involved not only in the implementation of the awareness project itself, but also in its design, planning and rating. The E.P.E. approach is rooted in the following theoretical framework: 250 Appendices 1. social Psychology which establishes a connection between the individual, society and politics. It bridges gaps thanks to concepts such as empowerment, self and mutual aid, and social support; 2. research–Action according to which the people involved in the project can actively comment and analyse the processes based on their needs, choose the problems to be treated, plan the research–action, rework the data obtained, and assess the outcomes; 3. social and Cultural Engagement is focused on aspects such as the person in relation to himself, others and the environment; learning from experiences; and creating areas of communication (which is not the same are simply exchanging experiences); 4. action Learning which identifies strategies on how to learn from the re– elaboration of the action, in order to encourage processes of internalization and stimulate exchanges among the participants. If the E.P.E. can be described as a set of advocacy2 and empowerment3 processes within the adolescent community, the training course that the YEs undergo can be seen as an experimentation that models the interventions that will take place in the classes. The YE training will reflect the characteristics of a circular research–action path — to know, to recognize and to redesign — which will be replicated in the classrooms with the students. At the end of this process, the YEs will not acquire skills as ‘trainers’, but as ‘facilitators’ whose role is to identify spontaneous resources within the class groups and encourage significant interactions for the purposes of the R&C project. It is important to add that E.P.E. pays particular attention to personal, community and environmental relationships as these connections are key to developing a healthy individual and social identity. Through this open, communicative approach, young people can play a central part in developing ways to address factors that affect their health, while garnering a wide range of diverse skills related to the dimensions of ‘know–how’ and ‘knowing how to be’, but also ‘knowing how to become’ and ‘knowing how to hope’. 2. Advocacy: a political process aimed by an individual or group of people at influencing public policies and the allocation of resources within political, economic and social systems and related institutions. Advocacy can include many activities that a person or organization can perform, including press campaigns, public meetings, commissioning and publication of research or surveys, and gathering favorable documentation. 3. Empowerment: here understood as the conquest of self-awareness and control over one's choices, decisions and actions, both in personal relationships and in the political and social life. ii. The “Recognize and Change” Formative Model 251 252 Appendices Methodology addendum: the R&C project The YE training intends to be an experimentation over a three–year period. The purpose of the experimentation is defined in the project, but it will be constantly re–elaborated within and by the group. In other words, the project outcomes are not determined a priori; instead, they will be collectively constructed by the YEs, who are primary actors, alongside the MLAE and with the support of the Training Consultant and the Social Media Manager. The first–year project (Identity and Relationships) lays out the methodological framework that will characterize the three–year training course, orienting the work that the YEs will perform in the high schools without rigidly defining it. The choice for this experimentation–based approach is informed by an extensively well–researched field of education, and is referred to as Empowered Education (E.P.E.). The guiding principle of E.P.E. is to value young people and place their opinions and thoughts at the centre of the stage; this translates to involving them — right from the beginning — in the planning, realization and evaluation of initiatives aimed at promoting their wellbeing in real life. The E.P.E. — a design model that is considered particularly suitable for the pursuit of the general objectives of the R & C project — at the theoretical and methodological level is referred to as community psychology and makes use of the theoretical and practical contributions of action research, socio–cultural engagement and community engagement. This approach is based on the active involvement of all the subjects involved in the process and considers the group to be a privileged working resource. From an operational point of view, the model consists of circular and continuous research–action processes. The working perspective is that of action learning (learning from the re–elaboration of actions). The E.P.E. recognizes the fundamental role of individual–group– community interactions as a way to promote healthy behaviours and reduce dangerous ones, to distance oneself from purely individualistic views, and favour views that focus on the theme of empowerment as a resource for the promotion of one’s well–being. This is done so that young people can become, and be recognized, as primary actors in the promotion of their own health factors, and can develop — at a cooperative and transversal level — multiple skills, relevant not only to the ii. The “Recognize and Change” Formative Model 253 dimensions of ‘being’ and ‘knowing–how’, but also ‘knowing how to become’ and ‘knowing how to hope’. This approach is seen as a way to open up new horizons. Nowadays, the pedagogical need to abandon the transmissive mode of imparting knowledge and skills — whether cognitive or emotional– relational — is increasingly shared. In the current socio–cultural context, access to multiple realms of knowledge is much easier and, apparently, more ‘democratic’: thanks to the internet, knowledge appears to be immediately accessible. Even traditional evolutionary stages in the development of skills are undergoing a change: children as young as toddlers can have access to a huge baggage of information and images every single day. This being said, this ever–faster access to knowledge has its downside, as the information young people receive is often contradictory, and it undergoes continuous fragmentation and simplification. In the age of the internet and media communication, there is therefore an even greater risk of the deterioration of critical thinking: adolescents and children seem to have more difficulty building their own reasoning autonomy and interpreting the myriad of content and information they are exposed. with which they come. Is it therefore necessary for training bodies to take a new stance and encourage the development of learning which stimulates active forms of thought, promotes the overall growth of the individual, and supports the transformation of one’s cognitive, emotional and relational character. A first fundamental step in this different approach is the recognition of the group as a primary resource in the development of processes of self–construction. It is important to view young people as active subjects, as resources in place and in power, and not only as subjects at risk who must be taken care of. Schools must be directly and responsibly involved in changing the pedagogical optics and E.P.E. intends to provide the stimulus for the construction of a socio–pedagogical system which is multidimensional and integrates active resources. What emerges is the need for a participatory network, in which young people are, firstly, primary actors of the student community and, subsequently, primary actors in their territory. In conclusion, once the individual–centred approach has been left aside, it is possible to define the E.P.E. as a set of processes to be activated or strengthened “between” and “with” adolescents within a relationship, and no longer as a set of pre–built processes “for”, dropped “on”, 254 Appendices or circulated “among” adolescents, viewed as individuals or a generic category. Given the methodological choice, the YE’s training path will be a co–constructed experimentation4, which will then be replicated with the high school students immediately after the YE training experience is complete. Therefore, the students will experiment techniques and approaches according to the circular recursive structure of the ‘know, recognize and redesign’, which is typical of research–action processes. The general objectives of the YE training are to: — play an active role in the processes of identifying, reading and analysing one’s own relational maps, which lead to the definition of self, through recognition, legitimization, participation, belonging, and power of action; — identify and share the area and the theme of the first year (identity and relationships), paying special attention to gender equality and aspects related to the phenomenon of migration; — outline strategies useful for developing the project in the classes; — know how to activate all the available resources, both belonging to the individual and the group you interact with; — develop alliances; — build awareness products/tools/campaigns. Project output YEs will be able to form and lead a group, according to the principles of E.P.E., and will be able to appropriately encourage/persuade each class and single student to be the protagonist of a research approach which explores relationships that, in turn, define identity. 4. Bereiter and Scardamalia (2006) define the co-construction of knowledge as an approach capable of giving meaning to education through the coherent attempt to introduce students to the notion of creating knowledge. This approach is based on current research regarding the nature of expertise and how to create new knowledge. Main objective: to promote creative work through the exchanging of ideas. ii. The “Recognize and Change” Formative Model 255 Methodology addendum: formative materials English materials: Ary D.V., Duncan T.E., Duncan S.c., Hops H., Adolescent problem behaviour: the influence of parents and peers, «Behaviour Research and Therapy», 37 (3), 1999, pp. 217–230. Bandura A., Self–Efficacy: The Exercise of Control, W.H. Freeman, 1997. Bandura A., Millard M., Peluso E.A., Ortman N., Effects of peer education training on peer educators: Leadership, self–esteem, health knowledge, and health behaviors, «Journal of College Student Development», 41 (5), 2000, pp. 471–478. Bion W.R., Experiences in Groups and Other Papers, Tavistock, London 1961, pp. 139–189. Brown J.S., Collins A., Duguid P., Situated Cognition and the Culture of Learning, «Educational Researcher», 18(1), 1989, pp. 32–42. Cunningham B., Action Research: Toward a Procedural Model, «Human Relations», 3(1976), pp. 215–238. Deutsch M. & Gerard H.B., A study of normative and informational social influences upon individual judgment, «The Journal of Abnormal and Social Psychology», 51(3), 1955, pp. 629–636. Gardener H., Multiple intelligences: The theory in practice, Basic Books, 1993. Goleman D., Emotional intelligence, Bantam Books, Inc., 1995. Hogg M.A., Vaughan G.M., Social psychology, Pearson / Prentice Hall, Harlow 2005. Lewin K., Resolving social conflicts, Harper and row Publisher, New York 1948. Lewin K., Resolving social conflicts: selected papers on group dynamics [1935–1946], Harper and Brothers, New York 1948. Milburn K., A critical review of education with young people with special reference to sexual health, «Health education research», 10(1995), pp. 407–420. Shiner M., Defining peer education, in «Journal of Adolescence», 22(1999), pp. 555–566. Sloane B.C. & Zimmer C.G., The power of peer health education, «Journal of American College Health», 41(6), 1993, pp. 241–245. World Health Organisation, The Ottawa Charter for Health Promotion, Ottawa, November 7–21, 1986 256 Appendices Italian materials: Amerio P., Psicologia di comunità, il Mulino, Bologna 2000. Barbier R., La ricerca–azione, Armando, 2007. Bateson G., Verso un’ecologia della mente, Adelphi, Milano 1976. Baumgartner E., Bombi A.S., Pastorelli C., Dall’educazione “verticale” all’educazione “orizzontale”: i coetanei come risorsa, in Psicologia dell’educazione e della formazione, 6 (1), 2004, pp. 13–25. Bion W.R., Esperienze nei gruppi e altri saggi, Armando, Roma 2009. Branca P., Il potere nella comunità locale. Tra coinvolgimento e partecipazione, in Aa.Vv., Il lavoro di comunità. La mobilitazione delle risorse nella comunità locale, Quaderni di animazione e formazione, EGA, Torino 1996, pp. 81–93. Brown R., Psicologia sociale dei gruppi, il Mulino, Bologna 1989. Elliott J., Giordan A., Scurati C., La ricerca–azione. Metodiche, strumenti, casi, a cura di G. Pozzo & L. Zappi, Bollati Boringhieri, Torino 1993. Gardener H., L’educazione delle intelligenze multiple. Dalla teoria alla prassi pedagogica, Anabasi, Milano 1993. Goleman D., L’intelligenza emotiva, RCS libri, Milano 1996. Lewin K., I conflitti sociali, FrancoAngeli, Milano 1980. Lewin K., La teoria, la ricerca e l’intervento, il Mulino, Bologna 2005. Pellai A., Rinaldini V., Tamborini B., Educazione tra pari. Manuale teorico pratico di empowered peer education, Erikson, Trento 2002. Pichon–Riviere E., Il processo gruppale: dalla psicoanalisi alla psicologia sociale, a cura di R. Fischietti, Libreria editrice Lauretana, Loreto 1985. Pietropolli Charmet G., Scaparro F., Belletà, adolescenza temuta adolescenza sognata, Boringhieri, Torino 1993. Pourtois J., La “ricerca–azione” in pedagogia, in E. Becchi & B. Vertecchi, Manuale critico della sperimentazione e della ricerca educativa, FrancoAngeli, Milano 1984. Rinaldini V., Tamborini B. et al., La selezione dei peer leader nell’educazione tra pari: un modello partecipativo, in «Educazione sanitaria e promozione della salute», 24 (3), 2001, pp. 190–203. Scurati C., Zanniello G. (a cura di), La ricerca azione, Tecnodid, Napoli 1993. Vygotsky L.S., Il processo cognitivo, Boringhieri, Torino 1980. Zani B., Cicognani E., Psicologia della salute, il Mulino, Bologna 2000. ii. The “Recognize and Change” Formative Model 257 Training Project: Year II General coordination and management The training course for the YEs is designed and coordinated by SFEP (Lifelong Learning and Training School), the training agency of the City of Turin. Purpose To develop awareness of the multiple forms of violence and discrimination in European and non–European territories and to promote an inclusive and anti–discriminatory culture. Tools / methodologies Non–formal education and learning. Target group — Young Educators [YEs] (aged approximately between 19 and 29). — High school students (aged approximately between 15 and 19). — Secondary school students (aged approximately between 11 and 14). — Reference adults (specifically, teachers and families). This approach will be continuously revised and improved by the work group (YEs supported by training consultants and experts in communication under the supervision of MLAE). From Identity to Diversity In Year II, the project will focus on Diversity and Discrimination. General objectives of the ye training 1. To address the 2nd year topic through participatory, engaging and effective methodologies that make the contents emerge from experiential practice. 2. To direct the group of YEs towards greater awareness of their role and position in the project. 258 Appendices 3. To provide adequate tools to strengthen the weakest areas of the past year (activities, products, processes, outcomes). Specific objectives 1. To strengthen the YE group — and potentially welcome new members — by comparing the first–year experience and making a critical analysis with a view to re–design the project (according to the research–action approach). 2. To allow YEs to experience processes of identifying and comparing their own concept maps concerning diversity and discrimination. 3. To deconstruct stereotypes and to identify underlying prejudices. 4. To focus on gender and ethnic background discrimination. 5. To connect current and historical perspectives. 6. To acquire — through direct experimentation — additional methods and techniques, according to non–formal education principles (e.g. action learning, non–formal education). 7. To design operational–strategic approaches in order to increase awareness, bearing in mind the characteristics of each institute and class which participated in the workshops carried out in the previous year. 8. To strengthen skills in building and maintaining the laboratory setting inside the classrooms by building a constructive relationship with the designated teachers. 9. To develop targeted activities, complemented by reworking steps. 10. To strengthen — through testing — the acquisition of useful basic techniques to support the creation of communicative awareness products. 11. To appropriately manage the participatory assessment of the students in each class in the final phase of the workshop; to practice their own ability to monitor the success or shortcomings of the completed intervention, by documenting and evaluating it (report and swot analysis). 12. To reflect on the training experience and know how to evaluate it in a critical and constructive way. The achievement of these objectives will be evaluated through the comparative qualitative analysis of the following documentation produced in itinere, meaning while the project is taking place (not at the beginning and not at the end). ii. The “Recognize and Change” Formative Model 259 a. Laboratory reports of the YEs (1 for each class). b. Teacher report (1 for each class). c. Participatory evaluation given by students and documented by YEs (one for each class). d. Evaluation on behalf of the YEs of their 40 hours of training. The project topics The three themes and how they are connected The theme of “Identity and Relationships”, addressed in the first year, represented a crucial opportunity to think over the importance of self–respect as an essential step towards the recognition of and respect for others, with a view to positive change in relationships within school contexts and groups. Recognition is a key factor in building healthy relationships. Topics discussed included the construction of the ego, integration into the world, relationships among groups and the most common risks, the value of respect for oneself and the other, and the changes that such recognition may trigger. The second year will focus on “Diversity and Discrimination” and on how differences can be considered a factor of enrichment rather than separation. In this sense, the word “curiosity” can represent a valuable shared concept, useful in generating a debate and opening people’s minds to prejudices and most common stereotypes. Curiosity involves discovery, not necessarily the discovery of something totally new and astonishing, but the discover of something stimulating and worth looking at more closely, with new eyes, from another angle and with a different focus. The training will focus on: a. the identification of different types of discrimination; b. the critical analysis of stereotypes (starting from gender and ethnic / cultural stereotypes); c. creative strategies for deconstructing the analysed stereotypes; d. the connection between socio–cultural stereotypes and discriminatory acts, and people’s individual and collective responsibility for such acts. 260 Appendices These focuses will also have to be addressed in a historical perspective and it will be important to focus on the socially dangerous and dramatic consequences of exclusion and discrimination. Training model Each model will be edited and defined by the MLAE, with the support of the Training Consultant and the Social Media Manager. The local training includes: a. a presentation of the training approach to the methodology, with adaptation to the local context, starting from the results of the research; b. organization of a calendar and a definition of the assessment and evaluative steps; c. the identification of trainers d. strengthening the training through: i. residential training (16 hours) ii. 4 training meetings (12 hours) iii. monitoring and feedback meetings (during the workshops in schools) – 6 hours (two three–hour long meetings) iv. ongoing (in itinere) and final assessment – 6 hours (2 + 4) v. exchanges on the long term with the team leader Methodological approach The YEs will not have the role of ‘educators’. They will not acquire ‘trainer’ skills, but will learn to be ‘facilitators’, that is people who will encourage the students to search for and activate resources within themselves and will inspire the students to interact, reflect and create. They will be able to ‘guide’ the R&C project towards specific objectives that they themselves will have helped to identify. The Empowered Education (EE) approach should be adopted for the entire process. This educational approach is not dissimilar to healthcare interventions because it pays particular attention to personal, community and environmental relationships, viewing these as an important space for individual growth and the development of social identity. It also allows for any problematic behaviours or patterns to emerge and be identified. ii. The “Recognize and Change” Formative Model 261 The EE approach is therefore particularly suitable in order to activate a set of processes that, within the adolescent community, pursue and stimulate the development of empowerment5 and advocacy6. The theoretical reference approaches are: — social psychology; — action research; — social and cultural engagement; — action learning. In order for the R&C to go from a project designed by few people to a project designed by many through participatory planning, we believe that it is important to focus specifically on action research. The process requires a solid management team [MLAE], which is able to wisely govern an ongoing dialogue and foster exchange with the different players involved (young people and adults in their different roles and positions). Summary Knowledge is acquired by trying out, recognizing and re–elaborating; this is an open spiral approach towards lifelong redesign. The tools that the YEs will be trained on represent the content of the training itself. The outcome of the training must be the appropriation of a ‘know–how’ and a ‘knowing how to be’, within the specific school contexts. Once this skill is acquired, it will be possible to develop another one: to ‘know how to become’ and ‘to know how to hope’; these are viewed as essential prerequisites to start processes of change. Change is meant as: a. the ability to become critical towards stereotyped patterns of thought and behaviour; b. an openness towards personal and social visions, characterized by inclusive relationships that recognize the wealth of differences. 5. Empowerment: here meant as the achievement of self–awareness and control over one’s choices, decisions and actions in one’s personal relationships and in one’s political and social life. 6. Advocacy: civil procedure by which a person or a group of people try to support a policy, be it social, economic, legislative, etc., and to influence the relative distribution of human and monetary resources. Thanks to the use of social media, Internet and polls, it can direct public opinion and consequently direct public policies. (Source: https://www.treccani.it/vocabolario/advocacy/). 262 Appendices The YEs will encourage the young participants to: c. recognize preconceived and partial thought patterns; d. identify ways out of prejudice that may be surprising, possibly unsettling or, in some case, fun. By experimenting and re–elaborating the implemented actions, YEs will be able to: e. learn from experience (action learning); f. develop critical, non–ready–made thinking; g. give life to creative approaches which encourage changes in mentality. Distinguishing between being in class for ‘R&C’ and being in class for ‘school’ The YEs must also — in strict agreement with the teaching staff — be responsible builders and keepers of a space which is recognizable and welcoming. In said space, there are a select number of clear rules which are to be shared by all participants in order to make everyone feel at ease and comfortable discussing the topics that will gradually be introduced. According to the principles of non–formal education, the participants will need to be fully aware that this space, although physically the same because it is the same classroom, is different in terms of its function during the workshops to the space they occupy when conducting their daily school activities. The role of the teachers The presence of teachers in the classroom is essential for reasons of legal responsibility; however, their presence can be even more valuable if they agree to actively observe the sessions in a non–participatory manner. We invite teachers to accept our recommendation to document what they observe: their report will be an important contribution to the process of monitoring and evaluating the outcomes of the interventions and will be useful for future redesign. The YEs’ training course begins with work carried out by the group during the residential stage; subsequently, the methodology they have already explored will be further exploited through the proposal of tools (engagement and re–elaboration techniques, techniques related to com- ii. The “Recognize and Change” Formative Model 263 munication via social media, basic techniques for the creation of short films). We invite the MLAEs and all the YEs to register and take advantage of the TOOLS platform (http://educationaltoolsportal.eu) and to contribute to the collaborative platform with new proposals, and to provide translations into their own languages. This action contributes to raising awareness and better distributing the project. The communications team, starting from January 2019, will provide an online tool entitled ‘Choose and Change’ that we suggest using during the first workshop with students. We also invite you to contribute to its development by creating (either at the first meeting or independently) 5–second clips which represent actions related to the sphere of emotions; these will contribute to enriching the game. The documentation pertaining to the game will be provided together with the game itself. Training Project: Year III General coordination and management The training course for the YEs is designed and coordinated by SFEP (Lifelong Learning and Training School), the training agency of the City of Turin. Purpose To develop awareness of the multiple forms of violence and discrimination in European and non–European territories and to promote an inclusive and anti–discriminatory culture. Tools / methodologies Non–formal education and learning. Target group — Young Educators [YEs] (aged approximately between 19 and 29). — High school students (aged approximately between 15 and 19). 264 Appendices — Secondary school students (aged approximately between 11 and 14 ). — Reference adults (specifically, teachers and families). This approach will be continuously revised and improved by the work group (YEs supported by training consultants and experts in communication under the supervision of MLAE). From Diversity to Combating Violence In Year III, the project will focus on Combating Violence. General objectives of the ye training 1. To address the 3rd year topic through participatory, engaging and effective methodologies that make the contents emerge from experiential practice. 2. To direct the group of YEs towards greater awareness of their role and position in the project. 3. To provide adequate tools to strengthen the weakest areas of the past year (activities, products, processes, outcomes). Specific objectives 1. To strengthen the YE group — and potentially welcome new members — by comparing the first–year experience and making a critical analysis with a view to re–design the project (according to the research–action approach). 2. To allow YEs to experience processes of identifying and comparing their own concept maps concerning diversity and discrimination. 3. To deconstruct stereotypes and to identify underlying prejudices. 4. To focus on gender and ethnic background discrimination. 5. To connect current and historical perspectives. 6. To acquire — through direct experimentation — additional methods and techniques, according to non–formal education principles (e.g. action learning, non–formal education). 7. To design operational–strategic approaches in order to increase awareness, bearing in mind the characteristics of each institute and class which participated in the workshops carried out in the previous year. ii. The “Recognize and Change” Formative Model 265 8. To strengthen skills in building and maintaining the laboratory setting inside the classrooms by building a constructive relationship with the designated teachers. 9. To develop targeted activities, complemented by reworking steps. 10. To strengthen — through testing — the acquisition of useful basic techniques to support the creation of communicative awareness products. 11. To appropriately manage the participatory assessment of the students in each class in the final phase of the workshop; to practice their own ability to monitor the success or shortcomings of the completed intervention, by documenting and evaluating it (report and swot analysis). 12. To reflect on the training experience and know how to evaluate it in a critical and constructive way. The achievement of these objectives will be evaluated through the comparative qualitative analysis of the following documentation produced in itinere, meaning while the project is taking place (not at the beginning and not at the end). a. Laboratory reports of the YEs (1 for each class). b. Teacher report (1 for each class). c. Participatory evaluation given by students and documented by YEs (one for each class). d. Evaluation on behalf of the YEs of their 40 hours of training. Topics The 3rd year will focus on violence as one of the possible consequences of discrimination; the sessions will centre on forms of violence, adopting positive reactions and developing a culture of respect. We will try to understand what students consider to be violent actions and whether these are explicitly connected to forms of discriminatory thinking. The focus will be shift onto places of violence and on how it can be recognized even in socially accepted situations. In this historical moment, there is the possibility that — through mass media and political ideologies aimed at the exclusion of certain groups of the population — younger people may be negatively influenced. For this 266 Appendices reason, it’s important to keep in mind the social dynamics and put them in continuous relation with what happens in the schools, in the classrooms and in one’s own network of friends. Each partner country will need to address such a delicate issue starting from the specific situation of their environment, meant as a nation and as a precise region, so that the activities and focus areas are as “tailormade” as possible to the participants and their concrete reality. Starting from teaching material centred on the topic of digital bullying, student will be invited to become the “authors” of messages addressed to their peers and, more importantly, to students of lower age groups. They will therefore be invited to no longer play the role of recipients of the project (in other words, people to be ‘educated’), but, as they are in their third year, they will become the first–person protagonists of an awareness campaign. This change of role aims to make the students feel fully valued in their thoughts, ideas and discussions on the issues they have developed. http://educationaltoolsportal.eu/it/tools/onlive-guida-alla-prevention-andal-contrasto-del-cyberbullismo. https://www.replaynet.eu/index.php/en/node/60. Reference focus for the training: — identifying types of violence; — making the connection between socio–cultural stereotypes, discriminatory acts and physical, verbal and psychological acts of violence; — the individual and collective responsibility for such acts. This focus will also have to be addressed in a historical perspective and its teachings must include showing the socially dangerous and dramatic consequences of exclusions and discriminations. Training model Each model will be edited and defined by the MLAE, with the support of the Training Consultant and the Social Media Manager. The local training includes: ii. The “Recognize and Change” Formative Model 267 a. a presentation of the training approach to the methodology, with adaptation to the local context, starting from the results of the research; b. organization of a calendar and a definition of the assessment and evaluative steps; c. the identification of trainers d. strengthening the training through: i. residential training (16 hours); ii. 4 training meetings (12 hours); iii. monitoring and feedback meetings (during the workshops in schools) – 6 hours (two three–hour long meetings); iv. ongoing (in itinere) and final assessment – 6 hours (2 + 4); v. exchanges on the long term with the team leader. Summary Knowledge is acquired by trying out, recognizing and re–elaborating; this is an open spiral approach towards lifelong redesign. The tools that the YEs will be trained on represent the content of the training itself. The outcome of the training must be the appropriation of a ‘know–how’ and a ‘knowing how to be’, within the specific school contexts, specifically in relation to combating violence and discrimination. Once this skill is acquired, it will be possible to develop another one: to ‘know how to become’ and ‘to know how to hope’; these are viewed as essential prerequisites to start processes of change. Appendix III The “Recognize and Change” Research Project Research Project: Year III 1. General Objective of the Research From the project extract under Activities 3.2., 3.2.4., 3.2.5. Reporting and research work planning [The objective of the research is] to support the project’s activities with doctrinal analysis of the discrimination and violence in the regions and partner countries of the project. [The Year 3 research] focuses on the cross–cutting themes of gender equality and migration. This analysis will mainly address, where possible, the change produced both in regulatory terms and in terms of local public policies over the past 3 years. 2. Specific Objectives 1. Compare the data relating to national legislation (with the changes that have occurred over the past three years) in the field of discrimination and violence based on gender and for reasons of migration in the following countries: Italy, Greece, Romania, Bulgaria, France, Spain, Portugal, Cape Verde, and Brazil. 2. Compare the data related to local legislation (regional/federal/departmental) and local policies on discrimination and violence based on gender and migration in the following local areas: Andalucía, Alto Alentejo, Piedmont, Siros and the Cyclades, Burgas, Ruse, Bucharest, Baia Mare, Praia, Fortaleza, and Dunkerque. 269 270 Appendices 3. Methodology 3.1. Description In carrying out the research, the partners must stick to the following: — Guidelines i. The issue of gender equality must be addressed by taking into account normative and jurisprudential data, on the one hand, and how these can be applied with specific reference to the particular socio–political–cultural context, on the other. ii. Gender discrimination must be analysed taking into due consideration the aspect of intersectionality and its practical implications: in particular, the gender / ethnicity / religion intersection is suggested. iii. With regard to migration, given the absence of a common understanding of the definition of “migrant”, each partner must clarify which type of migration its analysis is referring to. It is therefore necessary to specify: – whether the focus is on international migration (understood as a phenomenon that involves crossing international borders) or internal (the latter being particularly significant in federal states); – in which category, however approximate, migrants who are victims of discrimination can be included. Without claiming to be exhaustive, the following list of commonly accepted categories is suggested: economic migrants; refugees (according to the Geneva Convention on the Status of Refugees of 1951); asylum seekers. — Research Tools All partners will have to evaluate the situation of discrimination and gender violence using four research tools: a. the current legislation; b. case law; c. to what extent the partner’s Constitutional and National legal framework has incorporated the judgments of the European Court of Human Rights and of the European Court of Justice or the judgments expressed by interregional Supreme Courts (such iii. The “Recognize and Change” Research Project 271 as the Inter–American Court of Human Rights or the African Charter on Human and Peoples’ Rights); d. the development of good practices on behalf of public institutions. 3.2. The profile of the researcher The researcher should be a legal expert or an expert in social studies (or equivalent) with a legal background — specifically on constitutional law, European Union law (for European partners) and international law — who can reconstruct and critically analyse the regulatory reference framework in the fight against discrimination. Special attention shall be given to profiles specialising in the multi–level protection system of fundamental rights, including the right to equality, and profiles specialised in the study of problems deriving from the interaction between internal and supranational legislative and jurisprudential entities. The researcher shall also possess the ability: 1. to highlight the aspect of gender in the analysis of the anti–discrimination measures and policies; 2. to identify under what forms discrimination, as well as gender– based violence, can occur, especially in migratory contexts. 4. Steps The City of Turin (Leading Partner), with the scientific support of CIRSDe1, is responsible for deciding the methodology and structure of the final report. 1. The partners will have to identify the researchers who possess the scientific profiles indicated by the leading partner, The City of Turin, by November 2019. 2. A skype conference will be held in February 2020, in which the researcher responsible for the Turin part of the research will explain 1. CIRSDe: Centro Interdisciplinare di Ricerche e Studi delle Donne e di Genere – CIRSDe (Research Center for Women’s and Gender Studies) – https://www.cirsde.unito.it/en/services/ formation. Appendices 272 3. 4. 5. 6. 7. to the researchers appointed by the R&C partners the terms, objectives and expected results of the research. From March 2020 to August 2020: Drafting the Research Report. September 2020: Delivery of research on behalf of the partners. October 2020: Drafting of the comparative review by CIRSDE). Presentation of the research to the public at the final international conference (December 2020). Publication of an abstract of the research in the project publication (February 2021). 5. Activities 5.1. Activity 1 — Analysis of national civil and criminal law and jurisprudence (and constitutional foundations), with particular attention to legislative innovations and reforms in the field of gender discrimination and violence occurred in the three years of project. — Analysis of regional / federal legislation on gender discrimination and violence, focusing on the changes occurred in the three years of project. — Analysis of local legal sources and local policies of the partner territories of the project in the field of gender discrimination and violence, focusing on the changes occurred in the three years of project. 5.2. Activity 2 — Analysis of national civil and criminal law and jurisprudence (and constitutional foundations), with particular attention to legislative innovations and reforms in the area of discrimination and violence based on occurred in the three years of project. — Analysis of regional / federal legislation on discrimination and violence based on discrimination for migratory reasons, focusing on the changes occurred in the three years of project. — Analysis of local legal sources and local policies of the partner territories of the project in the field of migration–based discrimination and violence, focusing on changes occurred in the three years of project. iii. The “Recognize and Change” Research Project 273 5.3. Activity 3 (The City of Turin is responsible for this) — Comparative analysis of Activity 1 by producing an essay. — Comparative analysis of Activity 2 by producing an essay. — Support in curating, editing and publishing the project results. 6. Expected Outcome Each partner shall produce: 1. A research for each country made up of two parts: one on gender–based discrimination and violence and one on migration–based discrimination and violence. 2. An abstract of the same for publication, followed by a indicative bibliography of the research. 3. The project leader (City of Turin) with the scientific support of CIRSDE will have to produce: i. the research’s detailed methodology guidelines; ii. a comparative analysis of the results; iii. the final publication outlining the research (chapter 3 of the Publication). Project language: English. Printed in March 2021 by «The Factory S.r.l.» via Tiburtina, 912 – 00156 Roma