In 1984, a married Italian woman decided to have an abortion despite her husband’s, the applicant, opposition. The applicant initiated a suit against his wife claiming that the termination deprived him of his right to be a potential father and the unborn child of its right to life. He also challenged the constitutionality of Italian legislation which provided that women could unilaterally decide whether to have an abortion.
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.
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.
The Commission brought an action against the Italian Republic that they failed to properly implement legislation adopting Directive 76/207. The Commission argued that the Italian government did not properly implement certain requirements, such as equal working conditions, into national law. The Court noted that Article 189 of the EEC Treaty permits a country to implement its own form of legislation. There is no infringement of Directive 76/207 if the national law lets anyone bring the matters covered under the Directive before the courts. Thus, the Court found for the Italian Republic.
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.
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.)
The Italian government’s failure to take measures to ameliorate the less favorable treatment suffered by women falling into certain vulnerable categories with respect to access to abortion services was a violation of Article E (prohibition of direct and indirect discrimination) of the Revised European Social Charter (the “Charter”) in conjunction with Article 11 (right to protection of health) of the Charter.
In May 2003, a Roma family with Bulgarian nationality traveled to Italy with a promise of work in a villa. M.’s parents alleged that they were threatened and forced to return to Bulgaria, leaving M.—their 17-year-old daughter—in the villa, where she was raped and beaten. M.’s mother returned to Italy on 24 May and reported to the police that her daughter had been kidnapped. M. was rescued from the villa 17 days later, on 11 June 2003.
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.
The detention pending deportation of a woman who had recently given birth found to be unlawful and violated Article 5 §1(f) and Article 5 §5 (right to liberty and security) of the European Convention on Human Rights. In September 2000, the applicant, a woman from Bosnia and Herzegovina, applied to the Italian authorities for refugee status. The application was not forwarded to the competent commission because it contained formal defects. On September 26, 2003, the applicant gave birth to a child, who died a few days later at the hospital.
