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| Age of Consent | Legislation/Cases/References |
| 1. |
National
The age of consent for male homosexual sex is 14 years [R1.1]. |
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Assisted Reproduction Technology Artificial Insemination, In Vitro Fertilisation, Surrogacy | Legislation/Cases/References |
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| 1. |
National
In February 2004, Italy's parliament approved a contentious law on assisted reproduction aimed at reining in the unregulated world of fertility medicine, prohibiting the use of donor sperm, eggs or surrogate mothers and restricting assisted fertilisation to "stable" heterosexual couples - not single mothers or homosexuals [R1.2].
Previously:
In December 2003, Italy's Senate approved tough new rules restricting fertility treatments to heterosexual couples who live together and are of childbearing age [R1.1].
The law also bars egg or sperm donation, as well as the use of surrogate mothers, and rules out treatment for gays, single people and elderly women.
It imposes tough sanctions: Fines of $363,000 to $726,000 for using donors, and 10- to 20-year jail terms and fines up to $1.21 million for doctors who try to clone humans. |
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| Asylum, Immigration, Migration, Refugees | Legislation/Documents/Cases/References |
| 1. |
National
On 26 October 2012, the Ministry of Internal Affairs officially confirmed with a Directive letter that same sex partners of Italian or EU citizens are entitled to obtain a family permit of stay in Italy, provided that their marriage is duly registered and recognized by the foreign country where the marriage was celebrated [D1.2], [R1.1]. |
| 2. |
Courts & Tribunals
On 26 March 2012, a court in Reggio Emilia, was reported to have ruled that authorities had violated European Union norms on freedom of movement by denying a residence permit to a Uruguayan man whose application was initially rejected because his same-sex marriage to an Italian is not recognized by the country's laws [R2.1]. |
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| Civil Unions, Partners: Domestic, Registered | Legislation/Cases/References |
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| 1. |
National
On 14 May 2013, Italy's Parliament approved a rule which will allow gay MPs to extend their healthcare benefits to their partners. Deputy Alessandro Zan called for the wide application of the same principle to all same-sex couples in Italy, saying that it should not be limited just to government employment [R1.3].
On 10 October 2012, it was reported that the Interior Ministry had changed an internal document on police mobility (Department of Public Safety No. 333-A/9807.E.1/3368-2012 of May 14, 2012 entitled: "Regulation of the mobility demand of the staff of State Police of the roles of superintendents, assistants, and agents, who want to change their place of employment.") allowing LGBT police and their partners to request a transfer from one city to another for 'family reasons' [R1.2].
On 26 August 2010, the joint synod of the Waldensian and Methodist Protestant churches agreed to authorise the blessing of same-sex couples in church under certain conditions [R1.1]. |
| 2. |
Regions
In April 2004, the Statute Commission of the Regional Council of Tuscany completed two articles regulating couples that concern the safeguarding of the family values based on marriage and the recognition of other forms of living together [R1.2].
In 2002, the Valle d'Aosta region gave certain rights to same sex couples, like the ability to take out a loan together [R1.1]. |
| 3. |
Cities & Towns
On 25 April 2013, the town of Arcore was reported to have introduced an official register for its same-sex couples, extending some rights including access to local benefits, like council houses and family support allowance [R3.7].
On 08 November 2012, Bologna city council was reported to have passed a local law allowing same-sex couples to decide for themselves questions of burial and cremation, ousting family relatives from the process [R3.6].
On 18 September 2012, Milan's civil union registry opened and gay activist and politician Paolo Hutter and his companion Paolo Oddi signed the first certificate in a symbolic act. The register provides a measure of formal recognition in the eyes of local law [R3.5].
On 26 July 2012. resolution no. 30 of the Milan City Council approved the establishment of the Register of Civil Unions. Registration entitled couples to local benefits and local welfare [R3.4].
A other few cities, namely Bologna, Florence [R3.3], Pisa [R3.2], Ferrara and Terni have instituted civil registers that take note of same-sex marriages, but they have no legal implications.
On 16 October 1997, Pisa City Council's credit arm was reported to offer a discount equal to 1% of the loan mortgage plus a 2% cash injection directly from the Council to couples in a committed relationship, under 35 years of age and with a modest income [R3.1]. |
| 4. |
Courts & Tribunals
On 14 May 2013, a local court in Milan was reported to have recognized the British civil partnership between Cristian and Federico enabling them to be added to the Milan's Registro delle Unioni Civili and apply for local benefits and local welfare [R4.2].
On 15 March 2012, the highest civil court opened the way for homosexuals to have the same rights as heterosexual married couples, but it upheld a ban on gay marriage and said those celebrated abroad were not valid in Italy. The court said that homosexuals have the right to "a family life" and, "in specific situations," to "be treated the same as couples married by law" [R4.1]. |
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| Defamation, Insult, Libel, Privacy, Slander | Legislation/Cases/References |
| 1. |
Courts & Tribunals
On 31 July 2012. Judge Maurizio Fumo in the Supreme Court of Cassation ruled that to tell a man that he has no balls is injurious and a crime punishable by a fine [R1.4].
On 24 July 2012, the Corte di Cassazione ruled there's not a 'public interest' in outing a gay couple and in doing so, a newspaper, writing a news story about two Italian shop owners, committed a crime and went against privacy and defamation laws [C1.3]. [R1.2].
In January 1997, Judge Luca Pistorelli threw out a defamation case on the grounds that calling someone lesbian or gay is no insult [R1.1]. |
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| Discrimination | Legislation/Cases/References |
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| 1. |
National
On 26 July 2011, the Chamber of Deputies voted 293 votes to 250 to reject a bill that would have protected LGBT people from discrimination, including specifiing homophobia aggravation as a crime [R1.3].
In 2003, discrimination in employment based on sexual orientation became unlawful [R1.2].
Previously:
In October 1999, an Anti-discrimination bill was introduced in parliament by Italy's minister for equal opportunities would, among other things, ban discrimination based on sexual orientation [R1.1]. |
| 2. |
Regions
The Statute Commission of the Regional Council of Tuscany has completed a statute safeguarding family values based on marriage and the recognition of other forms of living together and making discrimination based gender, age, religion etc. and 'sexual tendencies' unlawful [R2.1]. |
| 3. |
Courts & Tribunals
On 26 July 2011, the Chamber of Deputies voted 293 votes to 250 to reject a bill that would have protected LGBT people from discrimination, including specifiing homophobia aggravation as a crime [R3.2].
In July 2008, a court ordered the Italian government to pay €100,000 (£80,000) in damages to a man forced to retake his driving test because he was gay [R3.1]. |
| 4. |
Health, Medical
In September 2005, Italy's health minister ordered a Milan hospital to end its practice of refusing gays who want to donate blood [R4.1]. |
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| Estates, Inheritance, Property, Succession, Wills | Legislation/Cases/References |
| 1. |
Courts & Tribunals
In October 2009, the Court in Rome was asked to rule on the legitimacy of same-sex unions and the rights of surrogate children lying at the heart of a bitter inheritance battle involving one of Italy’s richest families [R1.1]. |
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Gender Identity, Intersex, Transgender, Transsexual
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| 1. |
National
In January 2010, the BBC reported that an almost empty medium security women's prison would be converted into a specially equipped detention centre for transgenders [R1.2].
In 1982, a specific law recognising the "new" gender after Gender Reassignment treatment came into effect [R1.1]. |
| 2. |
Gender Identity
On 11 March 2011, the Tribunal of Rome granted gender reassignment in a case where the applicant eventually decided not to undergo gender reassignment surgery and referred to a previous decision of 1997 by the same court [C2.2], [R2.1]. |
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| Hate Crime | Legislation/Cases/References |
| 1. |
National
On 24 October 2012, the Parliament approved the first draft of a law against homophobia and transphobia and the bill will now be debated by the lower chamber of parliament [R1.2].
On 26 July 2011, the Chamber of Deputies voted 293 votes to 250 to reject a bill that would have protected LGBT people from discrimination, including specifiing homophobia aggravation as a crime [R1.1]. |
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| Homosexuality, Sodomy | Legislation/Cases/References |
| 1. |
National
Consensual sex between same-sex couples has reportedly been lawful in Italy since 1890 [R1.1]. |
| 2. |
Courts & Tribunals
In April 2000, the Italian Supreme Court caused a furore by aligning itself with the Roman Catholic Church's definition of homosexuality as a "psychiatric illness or disorder" [R2.1]. |
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| Marriage | Legislation/Cases/References |
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| 1. |
National
Italy grants no rights to same-sex unions [R1.3].
In October 2002, Stefania Prestigiacomo, Minister for equal opportunities stated "It is not part of this Government's plan to allow for marriage between gay couples" [R1.2].
On 20 November 2012, Tuscan utilities provider Publiacqua reportedly granted Gioacchino Di Gioia two weeks paid leave following his September marriage in Brazil to his partner. Such leave is given by law to every straight couple [R1.1]. |
| 2. |
Cities
In October 2002, the first gay wedding to be publicly celebrated in Italy took place at the French Consulate in the capital Rome [R2.1].
France allows homosexual marriages under an agreement called PACS, or the Civil Pact for Solidarity, and one of the partners was French. |
| 3. |
Church & Clergy
In March 2003, a priest in the northern city of Pinerolo near Turin defied a Vatican order that he leave the priesthood after he performed a series of gay marriage ceremonies and indicated he had no intention of stopping gay and lesbian couples from getting married in his church. [R3.3].
In July 1998, Archbishop of Florence Cardinal Silvano Piovanelli wrote that opening the common law marriage rolls to gay couples in Florence "is against the teachings of the church, that doesn't correspond to our society's or to traditional Christianity's concept of family" [R3.2].
In December 1996, Pope John Paul II confirmed his anti-gay stance when he declared that any sort of relationship other than traditional heterosexual marriage presents a threat to society [R3.1]. |
| 4. |
Courts & Tribunals
In June 2011, the Court of Appeals in Bolgna reportedly divorced a couple lawfully married in 2005 without their consent, because the husband 40-year-old Alessandro Bernaroli had changed his sex [R4.3].
In April 2010, the Constitutional Court rejected appeals by three same-sex couples whose marriage filings were refused by local officials [R4.2].
In March 2010, the Constitutional Court was considering the question of same-sex marriage. A decision was expected mid-April [R4.1]. |
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| Military | Legislation/Cases/References |
| 1. |
National
In November 2008, openly gay, lesbian and bisexual persons were reportedly allowed to serve in the army [R1.3].
In January 2000, there was no official policy on gays in the Italian military, but gay men were reportedy often allowed exemption from Italy's compulsory 10-month military service if they admit they are homosexual and say they fear discrimination [R1.2].
In December 1999, it was reported that overt homosexual behavior can be grounds for dismissal [R1.1]. |
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| Parenting, Adoption, Fostering | Legislation/Cases/References |
| 1. |
National
In January 2013, the Azienda Ospedaliera di Padova (Hospital of Padua), in northern Italy's Veneto region, agreed to write on new parents' bracelets 'partner' instead of 'mom' and 'dad [R1.1]. |
| 2. |
Courts & Tribunals
On 11 January 2013, the Supreme Court of Cassation has ruled (judgment no. 601) that same sex couples can be as good parents as opposite sex couples – in a custody dispute between a man and a woman now living in a same-sex relationship – reportedly stating 'There is no scientific certainty or concrete evidence but only prejudice [to say that] living in a homosexual family is damaging for the growth of a child' [C2.2], [R2.1]. |
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