Specific and detailed legislation against discrimination in respect of race, ethnic origin and religion was introduced in the Italian legal system only in 1998. Before that, the only specific legal tool was the criminal law legislation concerning “hate speech”, which included also references to discriminatory acts of a different nature.

The scope of application includes the same fields listed in the Directives, and rules apply to both the private and public sectors. Unlike the 1998 Act, discrimination on ground of nationality is explicitly excluded from the scope of application of the Decree, as are all legal rules concerning the condition of third country nationals and stateless persons. In doing so, both decrees mention not only the rules on entry and residence, but also access to employment, assistance and welfare. A 2006 act extends – as mentioned above -protection for discrimination on ground of disability beyond the field of employment.

An equality body has been created only with regard to race and ethnic origin, named Ufficio nazionale antidiscriminazioni razziali (UNAR). It is not an autonomous body, since it is established as a branch of the Department for Equal Opportunities of the Presidency of the Council of Ministers, previously dealing exclusively with gender discrimination. The office makes use also of staff from other public administrations, including judges and state attorneys, as well as external experts and advisers.