General legal framework

• Author: Renga, Simonetta
• Pages: 9-10

9

2 General legal framework

2.1 Constitution

2.1.1 Constitutional ban on sex discrimination

Article 3 of the Italian Constitution p rovides the general framework for protection agai nst

discrimination. It states: ‘All citizens are equal and have equal dignity under the law,

without distinctions on grounds of sex, race, language, religion, pol itical opinions and

personal or social conditions.’ The second paragraph of Article 3 confirms the principle of

substantive equality, according to which the state is called upon to remove social and

economic obstacles which limi t the freedom and equality of citizens and prevent the full

development of the human being and the effective participation of all the workers in the

political, economic and social organisation of the country. Paragraph 2 of Article 3 provides

a constitutional basis f or different treatment aimed at the pursuit of equal opportunities

and positive action.

2.1.2 Other constitutional protection of equality between men an d women

The Constitution cont ains other a rticles pertaining to equality between men and women.

Article 37, Paragraph 1 of the Constitution states that a female worker shall have the same

rights and, in the case of equal work, the same remuneration as a male worker. Article 37

also lays down certain working conditions for women , such as allowing them to fulfil their

essential family functions and granting adequate protection to the mot her and the child.

Article 51 of the Constitution lays down the principle of equality between men and women

as regards eligibility for public office and for elected positions. It also provides that the

Republic shall promote equal opportunities for men and women.

Article 117 states that ‘regional laws shall remove all obstacles which prevent the full

equality of men and women in s ocial, cultural and economic life, and shall promote equal

access of men and women to elective office.’

2.2 Equal treatment legislation

Our country has specific equal treatm ent legislation. Legislative interventions during the

last 20 years have resulted, on the whole, in an effective implementat ion of EU directives

on gender discrimination in Italy and, sometimes, domestic legislation has gone even

further than EU law.

Decree No. 198/2006, a consolidating act called the Code of Equal Opportunities between

Men and Women (the Equal Opportunities Code), contains all anti-discriminatory

provisions relating to gender which were issued to implement EU directives or which were

already in conformity therewith. It combined all the provisions on gender discrimination

and equal opportunities in all civil, political, social and economic fi elds, including working

relationships. The Equal Opportunities Code has been amended on several occasions ,

including by Decree No. 5 of 25 January 2010, wh ich transposed Recast Directive

2006/54/EC.

Another important piece of legislation in this field is Act No. 53/2000 on sustaining

motherhood and fatherhood, time for care and for vocational training, and coordination of

hours in the town’s public services (and its subsequent amendments) . Also important is

Decree No. 151/2001 on the protection of motherhood and fatherhood , which includes all

rules on pregnancy, maternity, paternity, parental leave and leave related to work-life

balance, also implementing Directives 2006/54 and 2010/18.