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Codice Civil

The Italian Civil Code provides for succession and inheritance, each of which require equal treatment of male and female children, including adopted children (Book II, Title I art. 56). In cases in which the conduct of a spouse or co-habitant causes serious physical or mental harm to the other spouse or co-habitant, but the conduct does not constitute a criminal act, the court may issue a family order of protection.

Codice Penal

The Italian Penal Code prohibits domestic violence (art. 572), female genital mutilation (art. 583), personal injury aggravated by permanent deformation or scarring of the face (art. 583 quinquies), harassment (art. 612 bis), the crime of illicit diffusion of sexually explicit images or videos without the consent of the persons represented (so-called revenge porn) (art. 612 ter). Punishable crimes against a person's freedom also include slavery and forced prostitution (art. 600), human trafficking (art. 601), sexual acts coerced through violence, threats, or abuse of authority  (art.

Costituzione della Repubblica Italiana (Constitution of the Republic of Italy)

The Italian Constitution provides for equality before the law without consideration of sex, race, religion, political affiliation, language, and personal and social conditions (art. 3). It also recognizes the moral and legal equality of spouses (art. 29).  Finally, Iit mandates equal employment opportunity for men and women (art.

Decreto Legislativo 26 marzo 2001, n. 151 (Legislative Decree No. 151/2001)

This legislative decree protects maternity and paternity, and prohibits discrimination on the basis of either. It regulates parental leave, leave for the illness of a child, rest, and the treatment of pregnant workers to protect their health. (Note: PDF is the consolidated text only. Follow the external link for the entire text of the decree.)

Mrs. X v. Ministerio dell'interno

The applicant, a Nigerian-born woman, was granted refugee status based on the absence of protection for violence against women generally in Nigeria, as well as her specific experience with gender-based violence. In 2010, the applicant was, without her consent, taken to Libya where she was subject to forced prostitution and violent attacks that included removal of applicant’s nails and hair. The applicant was then transferred to Italy where she applied to the Territorial Commission for international protection.

Sentenza 25498/2017

A man was charged with the crime of mistreatment in the family pursuant to article 572 of the Italian Criminal Code and sentenced by the Court of Appeal to one year and four months of imprisonment for mistreatment, aggravated injury, and threats against the cohabiting partner. The accused appealed the ruling holding that the charges referred to episodes that occurred after the cessation of the cohabitation between him and the victim.

Sentenza N. 10959/2016

The Supreme Court, in deciding upon the applicability of certain procedural rules, confirmed the main international definitions of violence within relationships. Particularly, the local court dismissed the case against a man charged with the crimes of stalking and mistreatment in the family pursuant to articles 612-bis and 572 of the Italian Criminal Code, without giving any notice of the motion to dismiss to the person injured by the crime in accordance with Article 408 of the Italian Code of Criminal Procedure.

Sentenza n. 6575/2016

An employer fired a woman after learning of her intention to start an assisted reproduction process. The local court and the court of appeal stated that such dismissal was substantially due to gender discrimination against the employee who wanted to start the assisted reproduction process. Such decisions were challenged by the employer who argued that the dismissal of the employee was not connected to any gender discrimination but rather to the absences for illness that would have affected the efficient management of the work.

Sentenza n. 937/2017

The Court of Appeal of Turin upheld the lower court’s judgment deeming a clause of a collective agreement negotiated at the enterprise level to be discriminatory because it infringed on Articles 3 and 37 of the Constitution, Article 25, para 2bis, of Decree No. 198/2006 and Article 3 of Decree No. 151/2001.

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