Gender and Land Rights Database

Italy

Rights entrenched in the Constitution

The Constitution of the Italian Republic of 1948, amended 14 times:
- Article 3 states: “All citizens have equal social dignity and are equal before the law, without any distinction based on sex, race, language, religion, political opinions, personal and social conditions.” Also, “the Republic must remove all economic and social obstacles which, by limiting de facto citizens’ freedom and equality, prevent the full development of the human being and the real participation of all workers in the political, economic and social organization of the country.”

- Article 29 states the principle of gender equality within marriage, although “within the limits set by the law to guarantee the unity of the family”.

- Article 37 recognizes the equal remuneration principle with regard to both equal work and work of equal value.

- Article 41 guarantees the freedom of private economic initiative, provided that it is not in contrast with social utility and not harmful to security, freedom and human dignity.

- Article 42 states that property is either public or private. The law recognizes and guarantees private property and determines ways and limits for its acquisition and use.

- Article 44 provides that the law is to regulate and fix the size limit of private land ownership depending on regional and agricultural zones and to promote land reclamation, the transformation of latifondo and the reconstitution of production units. The law also helps small-sized and medium-sized farms and sets special provisions for mountain areas.

- Article 51 states the rights of all citizens, on an equal basis, to access public offices and elective appointments. To such aim, the Republic promotes  “equal opportunities for men and women by means of appropriate provisions” (15).