Details

Autor(en) / Beteiligte

• Scotti, Valentina Rita
• Penalva da Silva, Janaína Lima
• Spigno, Irene

Titel

The Protection of Women's Rights in Italy: A Constant "Dialogue" Between the Legislator and Constitutional Judges

Ist Teil von

• The Rights of Women in Comparative Constitutional Law, 2023, p.67-84

Auflage

1

Ort / Verlag

Routledge

Erscheinungsjahr

2023

Link zum Volltext

Quelle

Alma/SFX Local Collection

Beschreibungen/Notizen

• In Italy, progressive and conservative forces have traditionally proposed opposite views on the content of women's rights. This attitude is evident in constitutional and statutory provisions and has given rise to a 'dialogue' between the legislator and the Constitutional Court mostly due to the latter's active role in urging the legislator's intervention in order to avoid a legal vacuum or to prevent the persistence of gender-based discrimination, often deriving from norms pre-existing the entry into force of the 1948 Constitution. The chapter investigates this 'dialogue', focusing on the evolution of family law, the norms for protecting reproductive rights, the criminal provisions dealing with gender-based violence and the norms to promote women's access to the job market, including access to public offices. Concluding remarks underscore that Italy is currently a country with a well-established constitutional and statutory law framework for the protection of women's rights, the implementation of which, however, still lacks full effectiveness and is jeopardized by the patronizing interpretation conservative forces continue to promote.