What is it about?
The Corte di Cassazione states clearly that gay couples have a right to family life on the basis of the equality/non-discrimination provision in Article 3 of the Italian Constitution, which entails treating them on an equal footing with married couples, and that this right can be judicially protected, even absent any action by the legislature. Thus, Case 4184/12 constitutes a major step in the evolution of the concept of family in the Italian legal system, even while falling short of a breakthrough constitutionalisation of same-sex marriage.
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Why is it important?
This was an important step towards a reinterpretation of the relationship between gay couples by Italian courts. It is also an example of the interplay between Italian courts and the European Court of Human Rights.
Perspectives
Massimo Fichera is Academy of Finland Research Fellow at the Faculty of Law, University of Helsinki. He was previously, in the same University, Lecturer in European Studies at the Network for European Studies, and Post-Doctoral Fellow at the Faculty of Law, University of Helsinki. His interests lie in constitutional theory and European Union Law broadly conceived. Before joining the University of Helsinki, he completed his PhD at the University of Edinburgh and carried out research during his internships in international organisations, including the European Commission and the United Nations. He holds a degree in Law (University of Messina) and a Master in International Affairs (ISPI, Milan) and qualified as Avvocato in Italy.
Dr Massimo Fichera
Helsingin Yliopisto
Read the Original
This page is a summary of: All you need is law: Italian courts break new ground in the treatment of same-sex marriage, International Journal of Human Rights and Constitutional Studies, January 2014, Inderscience Publishers,
DOI: 10.1504/ijhrcs.2014.062765.
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