Lesbian, gay, bisexual, transgender (LGBT) rights in Italy have grown significantly over the past few years, though LGBT people still face some legal challenges that non-LGBT residents have not experienced. Nevertheless, Italy is considered a gay-friendly country and public opinion about homosexuality is generally considered to be more culturally liberal, with same-sex unions recognized legally since June 2016. In 2018, Italy is the only major country in the Western world. with a marriage ban for same-sex couples.
Both same-sex sexual activity of men and women have been legal since 1887, when the new Criminal Code was enacted. The trade union legislation passed in May 2016, provides same-sex couples with many marriage rights. The adoptive stepchild, however, is excluded from the bill, and is currently a matter of judicial debate. The same law gives same-gender and heterosexual couples living in unregistered cohabitation with some limited rights. In 2017, the Supreme Court of Italy allows the marriage of two women to be officially recognized.
Transgender people have been permitted to legally change their legal sex since 1982. Although discrimination on sexual orientation in employment has been banned since 2003, no other anti-discrimination laws on sexual orientation or gender identity and expression have been enacted national; although there are some areas that have enacted a more comprehensive anti-discrimination law. In February 2016, a few days after the Senate approved the civil union bill, new polls showed a large majority back in favor of civil unions (69%), the majority for same-sex marriage (56%), but only a minority that approved adoptive and step adoptive children LGBT (37%).
Video LGBT rights in Italy
Sejarah LGBT di Italia
The unification of Italy in 1860 united a number of States all (with the exception of two) wiping out punishment for personal, non-commercial and homosexual acts between adults who approved as a result of the Napoleonic Code.
One of the two exceptions is the Kingdom of Sardinia who punished homosexual acts between men (though not women) under the 420-425 KUHP article announced in 1859 by Victor Emmanuel II.
With that unification, the former Sardinian Kingdom expanded its criminalization legislation to the rest of the newly born Kingdom of Italy. However, this law does not apply to the former Second Kingdom of Sicily, taking into account the "special characteristics of those living in the south ".
This strange situation, where homosexuality is illegal in one part of the kingdom, but the law elsewhere, was only reconciled in 1887, with the issuance of the Zanardelli Act which wiped out all the differences in the treatment between homosexual and heterosexual relations throughout Italy.
Since the introduction of the first Criminal Code in 1889, effective in 1890, there are no laws against personal, adult and consensual homosexual relationships.
This situation persists despite a fascist statement on October 19, 1930 of Rocco Code. It wants to avoid discussion of the problem completely, to avoid creating public scandals. Repression is a matter of the Catholic Church, and not an Italian state. In any case, he claims, that most Italians are not interested in issues that are only practiced by "healthy" and "less than" males.
However, this does not prevent fascist authorities to target male homosexual behavior with administrative punishment, such as public warnings and confinement; and gays have been persecuted in recent years from the Benito Mussolini regime, and under the Social Republic of Italy in 1943-45.
The Rocco Code setting remains valid for the next few decades. That is the principle that homosexual behavior is a matter of morality and religion, and not a criminal sanction by the State. However, during the post-war period, there were at least three attempts to criminalize it again. And such attitudes make it difficult to bring discussion about actions, for example to recognize homosexual relationships, with the scope of parliament.
Maps LGBT rights in Italy
Problem
Legality of same-sex sexual activity
Sexual sexual activity has been valid since 1890. The age of consent is 14 years, regardless of gender and sexual orientation.
Recognition of same-sex relations
Since 2016, same-sex couples living in Italy may share rights to property, social security, or inheritance. Since the 2005 regional elections, many Italian regions ruled by the center-left coalition have passed resolutions to support the French-style PACS (civil unions), including Tuscany, Umbria, Emilia-Romagna, Campania, Marche, Veneto, Apulia, Lazio, Liguria, Abruzzo and Sicily. Lombardy, led by the center-right House of Freedoms, officially declared their opposition to the recognition of same-sex relationships. All of these actions, however, are merely symbolic because the region has no legislative powers on this issue.
Despite the fact that some bills on civil unions or recognition of the rights to unregistered couples have been introduced to Parliament in the twenty years prior to 2016, none were approved due to the strong opposition of the conservative social Parliament members who owned both. coalition. On February 8, 2007, the Government led by Romano Prodi introduced a bill, which would provide rights in the areas of labor law, inheritance, taxation and health care for unregistered and unlawful same-sex partnerships. The bill was never made a priority of Parliament and was ultimately canceled when the new parliament was elected after the Prodi Government lost a vote.
In 2010, the Constitutional Court ( Corte Costituzionale ) issued an important decision in which the same sex partner was recognized as "a legitimate social formation, similar to and deserving to be treated homogeneously as marriage". Since the verdict, Corte di Cassazione (the last revision court for some issues such as commercial or immigration issues) returned a decision by a Peace Judge who had refused a residence permit for an Algerian citizen, married in Spain with a Spanish man who the same sex. After that, this same court stated that the questura (police station, where the residence permit was issued) had to grant a residence permit to a foreigner who married an Italian citizen of the same gender, and quoted the verdict.
On July 21, 2015, the European Court of Human Rights ruled that by not recognizing the form of civil unity or same-sex marriage in Italy, the country violated international human rights.
On 2 February 2016, the Italian senator began debating the same type of civil union bill. On February 25, 2016, the bill was approved by the Senate in a vote of 173-71. The bill was then sent to the Deputy Chamber where it was enacted on May 11, 2016, with 372 votes in favor, compared to 51 against and 99 abstentions. To ensure the rapid adoption of the bill, Prime Minister Matteo Renzi had earlier declared it a vote of confidence saying that "it is unacceptable to have another delay after years of failed efforts." Civilian union laws provide the same sex couples with all marital rights (though not allow same-sex marriage), however, provisions that allow stepchildren or joint adoption to be breached from previous versions. Italian President Sergio Mattarella signed the Civil Bill Act into law on 20 May 2016. It entered into force on 5 June 2016.
Adoption and parenting
Adoption and care of children is governed by Legge 184/1983 . Adoption is in principle only permitted for married couples who must be only couples of the opposite sex. Indeed, according to Italian law, there is no limit on foster care. In certain circumstances, the law regulates "adoption in certain cases" by one person, however, and this has been interpreted by some courts, including at the appeals court level, to include the possible adoption of stepchildren for unmarried (otherwise-sex and same-sex couples).
On January 11, 2013, the Court of Cassation upholds a lower court's ruling that gives a child a sole custody to a lesbian mother. The boy's father complained about the mother's homosexual relationship. The Supreme Court rejected the appeal of the father for not being debated properly.
On November 15, 2013, it was reported that the Bologna Court chose same-sex couples to look after 3-year-olds.
On March 1, 2016, the Rome family court approved the request of lesbian couples to simultaneously adopt each other's daughters. Since 2014, the Rome Family Court has made at least 15 decisions that uphold the demand for gay people to be allowed to adopt their partner's children. On April 29, 2016, Marilena Grassadonia, president of the Rainbow Family Association, won the right to adopt his wife's twin boys. The possibility of adoption of stepchildren is confirmed by the Court of Cassation in a decision issued on June 22, 2016.
In February 2017, the Trento court acknowledged both male-male counterparts as the father of two adopted children, born in the United States.
In March 2017, Florence Court for Minors recognized a foreign adoption by same-sex couples. The Milan Court of Appeal also recognizes the adoption of the same stranger in June 2017.
In April 2018, lesbian couples in Turin were allowed by city officials to enroll their son, born through IVF, as a child of both parents. Two other same-sex couples also register their children officially. A few days later, same-sex couples in Rome were allowed to register their daughters.
Protection of discrimination
In 2002, Franco Grillini introduced a law that would modify article III of the Italian Constitution to prohibit discrimination on the basis of sexual orientation. It did not work.
Since 2003, discrimination on the basis of sexual orientation in employment is illegal across the country, in accordance with the direction of the European Union.
In 2006, Grillini again introduced a proposal to expand the anti-discrimination law, this time adding gender identity as well as sexual orientation. It receives less support than the previous one.
In 2008, Danilo Giuffrida was awarded 100,000 remedial damages after being ordered to retake the driving test by the Italian Ministry of Infrastructure and Transport due to his sexuality; the judge said that the Ministry of Transport clearly violated anti-discrimination laws.
In 2009, the Italian Chamber of Commerce suspended proposals against homophobic hatred crimes, which would allow increased punishment for violence against gay and bisexual individuals, approving the initial question transferred by the Union of the Center and endorsed by Lega Nord and The People of Freedom. deputy, politically close to President Chamber Gianfranco Fini, has voted against). Deputy Paola Binetti, a Democrat, also voted against the party's guidelines.
On May 16, 2013, a bill that would prohibit discrimination on the basis of sexual orientation and gender identity was presented at a press conference by four representatives from four different parties. The bill is sponsored by 221 members of parliament, but no middle-right party has pledged its support. In addition to this bill, several deputies introduced two other bills. On July 7, the Justice Committee filed a unified bill.
The bill was amended as requested by some conservative MPs who feared being fined or imprisoned for expressing their opposition to the recognition of same-sex trade unions. On August 5, the House began to consider the bill. On September 19, 2013, the House of Representatives passed the bill with a vote of 228-58 (and 108 abstentions). On the same day, a controversial amendment was passed, which would protect free speech for politicians and priests. On April 29, 2014, the Senate started checking bills. In May 2017, the bill was still in the Senate Judicial Commission, which was blocked by several hundred amendments from conservative MPs.
Regional law
In 2004, Tuscany became the first Italian region to prohibit discrimination against homosexuals in employment, education, public services and accommodation. Berlusconi's government challenged the new law in court, insisting that only the central Government has the right to pass the law. The Constitutional Court overturned the provisions concerning accommodation (in connection with private homes and religious institutions), but instead upheld most of the laws. Since then, the Piedmont region has also enforced similar measures. Sicily and Umbria follow suit respectively in March 2015 and April 2017.
Gender identity and expression
Cross dressing is legal in Italy, and the operation of sex change is also legal, with medical consent. However, gender identity is not part of an official anti-discrimination law.
In 1982, Italy became the third country in the world to recognize the right to change one's legal sex. Before Italy, only Sweden (1972) and Germany (West Germany) (1980) recognized this right.
In 2006, a police officer was reportedly fired for wearing a public cross while not on duty.
The first transgender MPs were Vladimir Luxuria, who was elected in 2006 as a representative of the Communist Breeding Party. Although he was not re-elected, he went on to become the winner of the popular reality television show called L'Isola dei Famosi.
In 2005, a married couple married legally as husband and wife. A few years later, one party transitioned as a trans woman. In 2009, he was legally recognized under Italian law of transsexualism (Legge 14 April 1982, n. 164). Later, the couple found out that their marriage was dissolved because the couple became same-sex couples, although they did not ask for a divorce civil court.
The Transitional Sex Law (164/1982) stipulates that when a transsexual is married to another person, the couple must be divorced, but in the case of the trans femme mentioned above (Alessandra) and his wife, there is no desire for divorced. The couple asked the Modena Civil Court to cancel the order of their marriage dissolution. On October 27, 2010, the court ruled in favor of the couple. The Italian Interior Ministry filed an appeal against the decision and the Bologna Appeals Court reversed the court's decision.
Then the couple, appealed the decision to the Court of Cassation. On June 6, 2013, the Cassation asked the Constitutional Court whether the Transsexualism Act was unconstitutional when ordering the dissolution of marriage by applying Legal Divorce Legge 1 dicembre 1970, n. 898 ) even if the partner does not ask to do so. In 2014, the Constitutional Court finally decides cases favoring the couple, allowing them to remain married.
On May 21, 2015, the Court of Appeal also ruled that sterilization is not required to obtain legal gender changes.
Military services
Lesbians, gays and bisexuals are not banned from military service. The Italian Armed Forces can not deny male or female the right to serve in their ranks because of their sexual orientation, as this would be a violation of constitutional rights.
Blood donor
Gay and bisexual men have been allowed to donate blood since 2001.
LGBT rights groups and public campaigns
The main national organization for LGBT rights in Italy is called Arcigay . The company was founded in 1985, and has advocated the recognition of same-sex couples and LGBT rights in general.
Some gay and bisexual Italian politicians include:
- Vladimir Luxuria, first openly a member of Parliament transgender in Europe, and second legislator openly transgendered after New Zealand's Georgina Beyer; former representative for the Communist Awakening Party
- Nichi Vendola, leader of Ecological Left Ecology and former President of Apulia
- Rosario Crocetta, former President of Sicily and a prominent figure in the Democratic Party
- Paola Concia, a former member of the House of Representatives for the Democratic Party
- Daniele Capezzone, spokesperson for the People of Freedom party
- Franco Grillini, former member of the House of Representatives for Democrats from the Left
- Marco Pannella, a former member of the European Parliament and leader of the Italian Radical Party (out after retirement)
- Alfonso Pecoraro Scanio, former Minister of the Environment and first open bisexual minister
In 2007, an ad showing a baby wearing a bracelet label that said "homosexual" caused controversy. These ads are part of a local government campaign to combat anti-gay discrimination.
Social conditions
Public opinion
According to data from the Italian Eurispes 2010 report released Jan. 29, the percentage of Italians who have a positive attitude towards homosexuality and supports legal recognition of gay and lesbian couples is increasing.
According to a 2010 poll, 82% of Italians consider homosexuals to be the same as others. 41% think that same-sex couples should have the right to marry in civil ceremonies, and 20.4% agree with civil unions. In total, 61.4% support the form of legal recognition for gay and lesbian couples. This is a 2.5% increase over the previous year (58.9%) and almost 10% in 7 years (51.6% in 2003). "This is further proof that the Italians are ahead of their national institutions.Our parliament heard more and more people about this issue and what it heard was immediately approving laws that guarantee gay people the opportunity to publicly recognize their families, as it did in 20 European countries "- says Arcigay national president, Aurelio Mancuso.
Pew Research Center 2013 opinion surveys from various countries around the world show that 74% of Italians believe that homosexuality should be accepted by society (the 8th highest country of all countries surveyed), while 18% believe it should not be. Young people are generally more receptive: 86% of people between 18 and 29 receive gay people, while 80% of people between 30 and 49 and 67% of people over 50 hold the same belief. In the 2007 version of this survey, 65% of Italians receive gay people, which means that there is a net profit of 9% from 2007 to 2013 (the fourth highest increase in gay receipts from the countries surveyed).
In December 2016, a survey was conducted by the Williams Institute in collaboration with IPSOS, in 23 countries (including Italy) about their attitudes towards transgender people. Studies show a relatively liberal attitude of the Italians towards transgender people. According to the study, 78% of Italians support allowing transgender people to change their gender on their legal documents (the fourth highest percentage of surveyed countries), with 29% supporting the idea of ​​allowing them to do so without surgery or doctors/government approval (the 6th highest percentage of the countries surveyed). In addition, 78.5% of Italians believe that transgender people should be protected by the Government from discrimination, 57.7% believe that transgender people should be allowed to use restrooms that relate to their gender identity rather than their birth sex, and only 14.9 % believe that transgender people have mental illness (the lowest 6 of the countries surveyed).
Summary table
See also
- Human rights in Italy
General:
- LGBT Rights in Europe
- LGBT rights by country or region
References
Source of the article : Wikipedia
0 Comments