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Laws

ITALY

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Civil Unions
  Custody of Children
Defamation
Discrimination
Estates, Inheritance
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Migration
Military
  Partners
Parenting
Privacy
Property
Sodomy
Succession, Wills
Transgender, Transsexual
Violence
Wrongful Death

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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].

R1.1 Interpol: Sexual offences against children PDF 29.8kb, Spring 06
Sydney Star Observer: The Age of Consent and Gay Men in New South Wales 28 MAR 02 page 7
Assisted Reproduction Technology
Artificial Insemination, In Vitro Fertilisation, Surrogacy
Legislation/Cases/References
See also: [ESTATES]
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.

R1.2 The Age: Italy to Curtail Fertility Laws 14 JAN 04
R1.1 Associated Press: Italian Senate OKs Law Restricting Fertility Treatments to Heterosexual Couples, No Donors Allowed 11 DEC 03
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].

D1.2 Ministero dell'Interno: Union between persons of the same sex. Residence permit pursuant to Legislative Decree 30/2007 Prot. 0008996 (in Italian) PDF 409.08kb, 26 OCT 12
R1.1 Peregrine: Ministry of Internal Affairs validates same sex partnerships 14 NOV 12
R2.1 BikyaMASR: Gay Uruguayan man receives permit to live in Italy with partner 26 MAR 12
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [ASYLUM] [ESTATES] [MARRIAGE]
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].

R1.3 PinkNews: Benefits approved for same-sex partners of MPs 14 MAY 13
R1.2 GayStarNews: Italian cops have their gay families recognized 10 OCT 12
R1.1 Ekklesia: Historic Italian Protestant churches agree to bless same-sex couples 31 AUG 10
R2.2 Agenzia Giornalistica Italia: Gay Couples in Tuscany Celebrate Recognition 07 APR 04
R2.1 International Herald Tribune: Gay couple test the legal limits with Dutch marriage 07 JUN 02
R3.7 GayStarNews: Berlusconi's hometown gives gays local marriage rights 25 APR 13
R3.6 GayStarNews: Bologna's new law means you're better off dead 08 NOV 12
R3.5 Gazzetta del Sud: Civil union registry debuts in Milan 18 SEP 12
R3.4 Comune di Milano: Registro delle Unioni Civili (in Italian) (Accessed 14 MAY 13)
R3.3 The Sun-Herald: Church Fury over Gay Weddings 02 AUG 98
R3.2 Nando Times: Vatican Renews Attack on Italy's First Gay Marriage 13 JUL 98
Adelaide Gay Times: Pisa Passes Partnership Law 05 JUL 96
R3.1 Brother Sister: Benefits for Housing 16 OCT 97
R4.2 GayStarNews: History made in Italy as Milan recognizes UK civil partnership 14 MAY 13
R4.1 7News: Italy court rules gays have right to 'family life' 16 MAR 12
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].

R1.4 Moral Low Ground: In Italy, Telling a Man He Has "No Balls" Is Now a Crime 01 AUG 12
C1.3 Court of Cassation, Section V, judgment of July 24, 2012 n. 30369 (in Italian) PDF 1.28MB, 24 JUL 12
R1.2 GayStarNews: Outing could be a crime, Italian Supreme Court rules 30 JUL 12
R1.1 Planet Out: 'Lesbian' No Insult In Italy 10 JAN 97
Discrimination Legislation/Cases/References
See also: [HATE CRIME]
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].

R1.1 PassPort Magazine: Italy Rejects Protection for Gay People 27 JUL 11
R1.2 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 2008
R1.1 Melbourne Star Observer: Gay Protection Bill Introduced in Italy 29 OCT 99
R2.1 Agenzia Giornalistica Italia: Gay Couples in Tuscany Celebrate Recognition 07 APR 04
R3.1 PinkNews.co.uk: Italian Awarded £80,000 After Loosing His Driving Licence Because He's Gay 13 JUL 08
R4.1 365Gay.com: Italy Orders Hospital To Accept Gay Blood Donors 22 SEP 05

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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].

R1.1 The Advocate: Gay Adoption Focus of Royal Battle 26 OCT 09
Gender Identity, Intersex,
Transgender, Transsexual

[?]
Legislation/Cases/References
See also: [MARRIAGE]
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].

R1.2 MCV: Transgender prison to be Italian first 20 JAN 10
R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 2008
C2.2 Judgment: Tribunale di Roma, sentenza 11-3-2011, n. 5896 (in Italian) PDF 96.91kb, 22 MAR 11
R2.1 TGEU: Italian court says sterilisation is not mandatory for gender reassignment 06 JUL 11
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].

R1.2 GayStarNews: Italy takes first step to make gay hate illegal 25 OCT 12
R1.1 PassPort Magazine: Italy Rejects Protection for Gay People 27 JUL 11
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].

R1.1 ILGA: State-Sponsored Homophobia PDF 382.87kb, MAY 2008
R2.1 London Times: Court Backs Church View of Gays as Sick 12 APR 00
Marriage Legislation/Cases/References
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].

R1.3 International Herald Tribune: Gay couple test the legal limits with Dutch marriage 07 JUN 02
ABC: Gay Couple Marries at The Hague 02 JUN 02
R1.2 AGI Online: Prestigiacomo, Government Sees No Future in Gay Marriages 19 OCT 02
R1.1 GayStarNews: Italian gay man given paid leave for same-sex marriage 20 NOV 12
R2.1 Channel News Asia: Gay Couple Get Married Outside French Embassy in Rome 22 OCT 02
R3.3 365Gay.com: Italian Priest Defies Vatican Ban On Gay Marriage 17 MAR 03
R3.2 The Sun-Herald: Church Fury over Gay Weddings 02 AUG 98
R3.1 Brother Sister: Pope Says No to Same-sex Weddings 26 DEC 96
R4.3 The Voice of Russia: Italian Court divorces same-sex couple 17 JUN 11
R4.2 Bloomberg: Italy's Highest Court Rejects Marriages for Same-Sex Couples 14 APR 10
R4.1 The Advocate: Italian Court Postpones Same-Sex Marriage Ruling 25 MAR 10
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].

R1.3 ILGA: State-Sponsored Homophobia PDF 109.64kb, NOV 08
R1.2 Associated Press: World's Militaries and Gay Stance 12 JAN 00
R1.1 Associated Press: Britain To Impose Army Conduct Code 13 DEC 99
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].

R1.1 GayStarNews: Hospital in Padua first to recognize gay parents 03 JAN 12
C2.2 Judgment: In the name of the Italian People n. 601/13 (in Italian) PDF 640.70kb, 11 JAN 13
R2.1 GayStarNews: Italian Supreme Court says gay parents are as good as straight ones 12 JAN 13

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