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ITALY LEGALLY RECOGNIZES SAME-SEX CIVIL UNIONS

12 May

On Wednesday, May 11th Italy became the 27th European country to legally recognize same-sex couples. The draft passed in the Chamber of Deputies, by a 372-51 vote margin and 99 abstentions. Earlier in February it was approved by the Italian Senate as the governing coalition removed a provision that would have extended second-parent adoption rights to same-sex couples.
The battle for civil union rights has been fought over 30 years in Italy, with the first ever draft having been presented in Parliament back in 1988, albeit it never managed to be discussed. Several other efforts followed without much succes, amid an ever-growing LGBTI movement, same-sex families and a general evolution of society in terms of social acceptance and inclusion.
This huge delay made Italy one of the very few Western countries in the world who had failed to recognize same-sex couples. However, the vote on Wednesday means that same-sex couples will now share some of the rights given to heterosexual couples.
The new legislation provides for equality on matters of tax, social security and inheritance. However it fails to effectively protect same-sex families, particularly their children. By not allowing second-parent adoption the non-biological parent cannot protect the child if their biological parent dies or becomes incapacitated, they cannot visit or have custody rights over the child if the couple separates. Also in case of separation child support cannot be provided by both parents. The child cannot benefit from health insurance of both parents, while decisions about health and education become complex and financial difficulties of the child in event of death of either parent increase.
In a statement for ERA, Yuri Guaiana from Italian Association Certi Diritti said that while this law is a step forward “there is not much room for celebration because it excludes children of same-sex couples from any form of protection and therefore doesn’t recognize rainbow families. We keep on fighting as usual to achive the only acceptable goal: equality for all. We cannot content ourselves with a juridical ghetto (civil unions are only for same-sex couples) that doesn’t recognize the same rights to opposite-sex couples and families. That’s why Certi Diritti is already planning a litigation strategy that will bring straight couples to ask to contract civil unions and then bring the refusal before the court.”
Recently, Italy was at the epicentre of one of the most important decisions of the European Court of Human Rights on rainbow families stating that same-sex couples in Italy face human rights violations because they are not “sufficiently” recognized.
In an interview, a few hours after the voting, Ema Bonino one of the Italian polititians who has championed LGBTI rights and human rights in general, and who is currently President of the European Council on Foreign Relations, stated that “this law does not change [Italian] society, but as a limited and delayed one, at least it takes note of 2016 Italy, or otherwise of a change which has already taken place”.
Sources:

http://www.ilga-europe.org/resources/news/latest-news/italy-recognises-same-sex-couples

Italian civil unions bill receives final approval

http://www.independent.co.uk/news/world/europe/italy-s-parliament-backs-same-sex-civil-unions-in-historic-move-a7024476.htmlhttp:

//adoption.about.com/od/adopting/fl/Adoption-in-Same-Sex-Couples.htm?utm_source=facebook&utm_medium=social&utm_campaign=shareurlbutton

          http://nelfa.org/wp-content/uploads/2016/05/160512-PRESS-INFO-NELFA-IT-CIVIL-UNIONS.pdf

 

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