ACT DEEP Transnational Meeting Zvolen - 11th/ 12th April 2007 The legal framework’s approach of the discrimination in Italian National Law

The first concept to be clarified is that the Italian regulation faces all the issues related to the promotion of women’s role in working, personal and social contexts, as it tries to affirm and to promote the principle of equal opportunities more than the anti- discrimination one.

This choice is dictated by the aim to assert, in a positive and proactive way, the need of supporting the role of women, always more active, in the working, social and familiar rights contexts.

The Italian regulation order is very complex and articulated. During the years it experienced the positive influence of the cultural and political growth of a country that, let's remember, up to few decades ago has had in its own patriarchal identity a very strong social model.

But above all, the engagement of the Italian women in the society, in the places of work and politics, allowed the development of rights and opportunities……but the road for us is quite long yet!

The Italian regulation about equal opportunities can be separated in 7 areas of intervention: 1. Society and context. 2. Education and training. 3. Health and support to the person. 4. Citizenship and share. 5. Economy and job. 6. Life – job conciliation. 7. Culture and communication.

Basically there are however some fundamental principles………………

Art. 3 of the Italian Constitution (1947) "All the citizens have equal social dignity and they are identical in front of the law without distinction of sex, race, language, religion, political opinions and social and personal conditions. The duty of the Republic is to remove economical and social obstacles that effectively restrict the liberty and the equality of the citizens, that prevent the full development of human being and the real participation of all the workers to the political, economic and social organization of the Country."

Constitutional Law n° 3 October 18th 2001 Modification of the art. 51 of the Constitution Actions directed to promote the attribution of powers and responsibilities to the women, in order to recognize and to guarantee liberty of choices and social equality to women and men (Directive of the Presidency of the Ministers’ Council March 27th 1997).

Society and Context Area Art. 29 of the Italian Constitution (1947) Regulation containing the institution and organization of the Department for the Equal Opportunities within the Presidency of the of the Ministers’ Council (October 28th 1997) Transformation of the National Committee for equality into the Committee for the equal opportunities for man and woman (July 31st 2003). Law for the realization of integrated system of interventions and social services (Law n° 328/2000) Actuation of the Directive 2000/43 about equal treatment, independently from race and from ethnic origin (2003). Unique Text on dispositions about the ruling of immigration and directions on the condition of foreigner people (1998). Law Code concerning the protection of personal data.

Education and Formation Area Law n° 125/ Positive actions for the realization of equality for men and women in the job. Actuation of the UE directive 2002/73 about equality of treatment between men and women. Law n° 53/ Statement supporting maternity and paternity, for the rights of care and the rights of education and for the coordination of times of the city.

Health and Support to the person Area Law n° 405 of Institution of the family cosulting service. Law n° 194/1978 – Rules for the social defence of maternity and about voluntary interruption of pregnancy. Law n° 40/ Norms about medical assisted procreation. Actuation of UE Directive 85/1992 about the improvement of safety and health in the job for pregnant women workers, or in period of gestation or nursing (Law Decree n° 645/1996). Defence of the health of female worker and rights to periodic medical visits (Law Decree n° 124/1998). Law n° 1204/1971 – Defence of mother workers. Regulation of some aspects of the job organization job and of night time job (Law Decrees n° 66/2003 and 213/2004) Law n° 66/ Rules against the sexual abuse.

Citizenship and Share Area Modification of art. 51 of the Italian Constitution. Art. 117 of Italian Constitution.

Economy and Job Area Art. 37 of Italian Constitution. Law n° 903/1977 – Equality of treatment for men and women in the work context. Law n° 125/ Positive actions for the realization of equality for men and women in the work context. Statement about the activities of the Counsellor and the Counsellors of Equality and rules about positive actions (Law Decree n° 196/2000). Support to self-enterprising and self-employment (Law Decree n° 185/2000) Law n°215/ Positive actions for women’s enterprises. Law n° 1204/1971 – Defence of working mothers.

Conciliation and Job Area Law n° 53/ Statement supporting maternity and paternity, for the rights of care and the rights of education and for the coordination of times of the city

Culture and Communication Area Law n° 223/1990 – Regulation of public and private radio tv system

Italian Women in European Parliament 17,9 % of the total elected for Italy Italian Parliament 15,97% Camera dei Deputati 17,14% 108/630 Senato della Repubblica 13,66% 44/322 Governo 21,51% 20/93 Ministri 24% 6/25 Viceministri 22% 2/9 Sottosegretario 20,34% 12/59

Regioni Consigli 11,1% Giunta 17,5% Province Consigli 10,9% Giunta 15,9% Comuni Consigli e Giunta 15,9%

Tasso di disoccupazione nazionale 6,8% Age 15/64 Women 8,8% Men 5,4%

ACT DEEP Transnational Meeting Zvolen - 11th/ 12th April 2007 Many thanks for your attention