Gender Perspective in the Adjudication of the Italian Constitutional Court

In 1960, the Italian Constitutional Court stroke down a pre-fascist legislation preventing women from holding public positions by explicitly mentioning the violation of rights and the infringement of art. 51 of the 1948 Constitution stating gender equality this regulation entailed. Since then, constitutional judges have used a gender perspective in several cases in which gender equality was at stake.
Beside briefly recollecting the evolution of the concept of gender equality in Italy, the proposed paper discusses the constitutional case-law using a gender perspective, with specific reference to the adjudications concerning national and local electoral law and the rights of same-sex couples. The paper also frames this analysis in a comparative context in order to assess the Italian Constitutional Court’s inclination in adopting a gender perspective in its adjudication.