База данных по гендерной проблематике и правам на землю

Italy

Права, закрепленные в Конституции

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).

Права собственности и пользования женщин, закрепленные в Гражданском кодексе, Трудовом кодексе и Семейном кодексе

Civil Code, Regio Decreto No. 262/1942 of 1942, amended in 1975 by Law No. 151/75:
- In its original text, the Civil Code vested the direction of family affairs in the husband. Marriage property relations were governed by the separation of property regime; the wife administered her separate property, unless she delegated the husband to do so, as provided for in Article 212, and the husband exclusively administered dowry, in Articles 182 and 184.
Many provisions of the 1942 Civil Code were inconsistent with the constitutional principle of gender equality within marriage. A reform of the Civil Code was therefore adopted in 1975 and the Law No. 151/75 was passed (11).

 

Law No. 151/75 of 1975:
- It amended the Civil Code regarding family law. Husband and wife are thus entitled to the same rights and duties, as provided for by Article 143.

- Article 159 states that marriage establishes a communion of property, unless the spouses agree differently.

- Article 180 indicates that the spouses have equal rights in the management of family properties. Family property is administered by either spouse in the case of ordinary acts and by both spouses for extraordinary acts, such as for sale.

- In case of disagreement, distance or other impediment of one spouse, the judge can authorize the other spouse to perform the act, as provided for by Articles 181 and 182.

- Article 194 provides that each spouse receives an equal share upon division of family property.

- The norms on property administration and equality of shares cannot be derogated by matrimonial agreements, as stated in Article 210 (17).

- If the spouses opt for the separation of property regime, each spouse exclusively owns and administers his/her separate property, according to Articles 215 and 217 (11).

- Under Article 230bis, family labourers working in the family undertaking have the right to alimony [depending on the patrimonial status of the undertaking], the right to participate in profits and in decision making [according to democratic majority rules] and the right to a severance payment upon cessation of his/her activity. Furthermore, women’s work is explicitly recognized as having the same value as the work of men.
Spouses and relatives up to the third grade of direct kinship and the second grade of affinity kinship are considered family labourers. A family undertaking is defined as such when the farmer’s spouse and relatives up to the third degree of kinship work there.
In case of inheritance or transfer of the undertaking, those listed above may exercise the right to pre-emption.
Joint tenancy agreements for the management of family land are to be regulated by customs which may not collide with the provisions set forth by the law (17).

- The law de facto abolished women’s unpaid work in agriculture by introducing family farms where profit sharing, ownership and management decisions are to be shared equally by all members of the family who participate in farming. According to prevalent interpretation of the law, the same rights equally apply to regularly married and de facto families (16).

 

Law No. 903 of 1977, Articles 1–3; Law No. 125 of 1991, Article 4.6, as amended; Legislative Decree 151 of 2001, Article 3:
- All recognize the principle of equal remuneration with regard to equal work and work of equal value.

 

- Law No. 7 of 1963, Article 1 amended a previous law of 1950 and provided that dismissals of female workers who get married were null.
Subsequently, Law No. 1204 of 1971 extended and detailed the prohibition against dismissal. Now female workers cannot be dismissed beginning with the start of gestation until the end of their child’s first year of life, as stated in Article 2.

- According to Article 4, women cannot work during the period extending from two months before to three months following the birth of their child (16).

- The principle of gender equality regarding the exercise of self-employment in agricultural activities is stated in EU Directive 86/613 of 1986, implemented by Law No. 52 of 1996, Article 18 on equal opportunities.

 

- Under Article 48 of Law No. 203 of 1982, agrarian contracts are concluded by the family undertaking and all family members respond for the legal obligations contracted on the basis of a democratic decision-making process. This norm implicitly abrogates Article 2150 of the Civil Code, which granted the mezzadro the right to represent and contract obligations for the whole family (11).

 

- According to Article 14 of Law 903 of 1977, self-employed women working in the family undertaking have the right to represent the undertaking in the cooperatives or other associations of which it is member (11).

Наследование/ правовые механизмы

Civil Code, Regio Decreto No. 262/1942 of 1942, amended in 1975 by Law No. 151/75:
- Article 536 states that the spouse is among the intestate heirs, along with the children and other legitimate heirs. No distinction is made among natural and legitimate children.

- The spouse is entitled to one-half of the estate, when there is only one child, to one-third if there are more children, as stated in Article 581.

- When there are no children but siblings, the surviving spouse is entitled to two-thirds of the estate, as per Article 582.

- When the surviving spouse is the only heir, he/she is entitled to the whole estate, as set in Article 583.

- No discrimination is made among female and male children and among natural and legitimate children, according to Articles 566 and 570.
- In case of testamentary succession, the widow/er and the children are necessary heirs; that is, they cannot be disinherited, as stated in Article 536.

- The surviving spouse is entitled to half the property of the deceased spouse in the absence of children, and to a smaller share, one-third to two-thirds, if there are children, as stated in Articles 540 and 542 (17).

 

- According to Law No. 203 of 1982 on agrarian contracts, the deceased tenant’s heirs who contributed to the cultivation of the rented plot and continue to cultivate it, have the right to succeed into the rental contract after the death of the tenant, as provided for by Article 49. The law clearly states that agrarian contracts do not expire upon the death of the tenant.
The contract may be resolved at the end of the crop season, only if the legitimate heir exercises farming as an independent farmer or as manager of an agricultural undertaking as his/her primary activity and source of income (18).

Законодательство о земле

Law No. 230 of 1950, Legge Sila:
- Provided for the expropriation of agricultural properties exceeding 300 hectares in the Sila region, their breakdown into small plots of land and distribution to peasants, as described in Articles 1 and 2.

- Under Articles 7–9, the owners of the expropriated lands were to be redressed of the value of the land by means of government bonds.

- Article 16 provides that lands be assigned to farmers who are not holders or tenants or, in case they are, who have an insufficient amount of labour for their family members to supply it.

- Article 17 states that the land shall be assigned by means of a sales contract to be perfected upon payment of 30 annual instalments.

- Article 18 sets a probation period of three years, during which the contract may be resolved. The instalments may not be paid in advance.

- Under Article 19, if the assignee dies before having paid the entire price, the heirs may take on the contract if they fulfil the requirements prescribed in Article 16 (19).

 

Law No. 841 of 1950, Legge Stralcio:
- Article 1 provides for the application of Law No. 230 to other areas where land is suitable for expropriation and distribution.

- Under Articles 2 and 3, the law states that land reform institutions are to be set up. These institutions shall be responsible for all activities, including the preliminary ones, required to enact the expropriation and allocation process set forth by the law (20).

 

Law No. 114 of 1948:
- Reduces registration fees and cadastral taxes for land purchase aimed at compiling or enlarging smallholders’ agricultural properties, as provided for by Article 1. The same provisions apply to tenants buying the tenanted land entirely or partially.

- Under Articles 4–5, the reform institutions may acquire, divide and sell land to farmers and agricultural cooperatives. The State, provinces and municipalities may also sell rural land in their patrimony to be used for cultivation to farmers and cooperatives (21).

 

Law No. 756 of 1964:
- Article 2 prohibits the stipulation of new sharecropping contracts after the enactment of the Law.

- Article 4 establishes that with active sharecropping contracts, the farmer’s share may not be less than 58 percent of the produce.

- Article 5 provides for all cultivation and land managing expenses to be divided in equal parts and paid by both the tenant and the holder.

- If the owner provides the tenant with the land only, he is entitled to one-fifth of the profit, as set forth in Article 9. If the owner contributes to the expenses for at least half of the amount, the above-mentioned quota of profit may be reviewed. In no case shall the tenant receive less than 50 percent of the profit.

- Article 14 states that no contracts shall be stipulated except those provided for by the Law (22).

 

Law No. 346 of 1976 on special usucapion of small rural estates:
- As provided for in Article 2, the provisions contained in Article 1159-bis of the Civil Code relating to usucapion shall apply to agricultural lands as well.

- Article 3 defines the procedure for obtaining the recognition of ownership rights, that is, continuous possession for at least 15 years, as provided by Article 1159bis of the Civil Code. The occupant shall resort to the competent judge submitting the documentation and evidence referred to in Article 3 Par. 1.
The occupant’s request must be published for 90 days during which the formal owner or anyone having the rights can submit an opposition. Thereafter, the judge shall decide through sentence, in case an opposition has been submitted, or through judicial decree.

 

Law No. 440 of 1978:
- The regional governments are mandated to enact laws concerning the administrative procedures for the allocation of non- or under-cultivated land, as stated in Article 1.

- Article 2 considers non-cultivated lands those lands that have not been exploited for at least two consecutive crop seasons. Under-cultivated lands are those where the average production of the last three crop seasons is less than 40 percent of the production of other lands in the same cadastral area and with the same cadastral characteristics, according to the production distinctiveness of the area.

- Article 3 states that the regions are responsible for identifying non-cultivated and under-cultivated land within their territory and determining the criteria for the agricultural or forest use of such lands, according to their regional development plan.
The list of such lands shall be published for 90 days, during which anyone can file an opposition. The regions may also assign land for cultivation to an individual or group of people who file a request for land belonging to public organizations. The owner or anyone entitled can present a request to cultivate the land by alleging a development plan which must be approved and checked upon as to its execution by the region.
Evaluation committees are set up at the provincial level. Such committees shall be composed of: i. the head of the provincial agricultural inspectorate; ii. two representatives of the non-farming holders; iii. two representatives of the farmers; iv. two representatives of the agricultural cooperatives; v. two representatives of agricultural workers; vi. four representatives of the municipalities or mountain area communities of the interested region.

- Article 5 provides that the evaluation committee shall decide on the assignment of the land upon assessing that the requirements set by the law are fulfilled.
The owner and those legally entitled to the land are notified of the request. If they do not present a development plan within the time period prescribed by the law, the land shall be assigned to the requesting party and the owner may not file a request to cultivate the land at least until the allocation expires.
Allocation priority is given to individuals or associated agricultural enterprises that request the land for the purpose of enlarging the holding, to cooperatives, to companies made of several family undertakings and to young farmers.

- Under Article 9, the regions may provide funds and mortgages to support the execution of the development plans and facilitate the re-establishment of the cultivation condition of the assigned lands.
Such funds are also available for landholders who present agricultural development plans for their land and commit themselves to them (21).

 

Law No. 203 of 1982 on contracts in agriculture:
- Aims at protecting tenants. Title I, Articles 1–7, regulates lease of agricultural lands by farmers individually or jointly and sets out detailed rules in the matters of duration, tacit renewal, withdrawal and annulment. The minimum duration of a lease contract is 15 years.

- Article 6 defines coltivatore diretto as a farmer who cultivates land on his/her own with the support of his/her family, provided that family labour accounts for at least one-third of the total labour force required for that land. The law explicitly considers women’s work equivalent to men’s (11).

- Articles 8 and 9 lay down rules for determining the fair rent, equo canone.

- Articles 26–33bis deal with the conversion of other contracts, such as sharecropping, into lease.

- Articles 48 and 49 clarify that the legal entity signing the lease contract is the farmer family, which can be legally represented by any member of the family (16).

 

Legislative Decree No. 228 of 2001:
- Article 1 amends article 2135 of the Civil Code, which contains the definition of agricultural entrepreneur. The latter is hereby defined as any entrepreneur who carries out the following activities: land cultivation, silviculture, animal farming and other related activities, including the manipulation, conservation, processing, transforming and placing on the market of agricultural products, without discrimination between men and women.
Farmers’ cooperatives and consortia are included in such definition.

- Part II deals with agricultural contracts and rural districts. According to Article 6, the provisions contained in Law No. 203 of 1982 shall apply to lands pertaining to the public domain and to lands belonging to public entities.

- Article 19 establishes the Interdepartmental Commission for Food Safety.

- Article 26 regards producers’ organizations, which aim at: i. laying down production programmes; ii. promoting the marketing of partners’ products; iii. restricting costs of production; iv. promoting culture practices and techniques compatible with the environment and animals’ welfare.
The Regions shall recognize the above-mentioned organizations, as per Articles 26 and 27 (24).

 

Law No. 38 of 2003, Provisions on Agriculture:
- Article 1 states that the Government shall enact decrees to modernize the agriculture, fishery, food production and processing and forestry sectors.
Such decrees shall provide, among other things, for:
i. setting up a system of permanent cooperation among the central government, the regions and the autonomous provinces;
ii. encouraging the creation of producers’ organizations;
iii. supporting young people’s involvement and  permanence in agriculture through the enactment of special fiscal and social security provisions;
iv. reviewing the law on agricultural employment so as to regulate the emergence of the black labour market.

- Article 3 provides for the establishment of the Special Fund for Research in the Biological Agriculture Sector (24).

- This Law is implemented by Law No. 99/2004 and Law No. 101 of 2005.

 

Law No. 99 of 2004 on legal persons and entities, activities and administrative simplification in the agricultural sector:
- Article 1 defines an agricultural entrepreneur as someone who, directly or as a partner of a society, devotes to agricultural activities at least 50 percent of his/her work time and gets at least 50 percent of his/her income from such activities.
Agricultural societies are defined as such if at least one-fifth of the members, in the case of cooperatives, are agricultural entrepreneurs, or if the managing director is an agricultural entrepreneur, in the case of a society by capital, or if at least one of the members is an agricultural entrepreneur in the case of a society of persons. The purpose is the granting of subsidies, without discrimination between men and women.

- Article 2[4] provides that agricultural societies are entitled to the fiscal benefits reserved for farmers.

- Article 3 establishes tax breaks for individual farmers and societies whose members are not older than 40 years.

- Amendments and addenda are made to Legislative Decree No. 228 of 2001 laying down the guidelines for the modernization of the agricultural sector in general and with regard to producers’ organizations, as stated in Article 7 (24).

 

Law No. 101 of 2005:
- It sets out further measures as to the legal persons and entities involved in agriculture, agricultural activities and the simplification of administrative proceedings. Amendments are made to Legislative Decree No. 99 of 2004 on the mentioned issues (24).

 

Ministerial Decree No. 224 of 1992:
- Regulates the granting of financial incentives to promote juvenile entrepreneurship in southern Italy.

- Pursuant to this Decree of the Minister responsible for special intervention to southern Italy [Mezzogiorno], grants ranging from 40 to 60 percent of proposed investments and loans at concessional rates can be given for qualifying investments to juvenile entrepreneurs who meet certain requirements as to age and place of residence, as stated in Article 3.

- Also, grants of varying import can be made to offset the management expenses of qualifying juvenile enterprises, as provided for by Article 4 (25).

Меры в области политики/правовые механизмы, реализующие или препятствующие реализации земельных прав женщин

- The Ministry of Equal Opportunities was established in 1996. The range of tasks delegated to the Ministry for Equal Opportunities by decree of the President of the Council of Ministers, on 14 February 2002, broadens the scope of the Ministry’s activities beyond gender equality and gives the Minister a driving and coordinating role in national policies in particularly sensitive areas (26).

 

- Law No. 215 of 1992 envisages affirmative action in favour of women entrepreneurs. It promotes the start-up and development of individual enterprises managed by women, cooperatives and unlimited responsibility companies in which 60 percent of the partners are women and limited responsibility companies where two-thirds of the capital quotas are held by women and two-thirds of the managers are women, as per Articles 1 and 2.

Article 2 specifies that the law covers the agricultural sector among others.

A National Fund for the Development of Women’s Entrepreneurship is established to provide for tax credits and subsidized credit. Ministerial Decree 31 February 2002 approved the funding of projects under Law 215 (11).

 

- The Observatory for female enterpreneruship and labour in agriculture – Osservatorio per l'imprenditoria ed il lavoro femminile in agricoltura – is the body of the Ministry for Agricultural Food and Forest Policies which supports women engaged in agriculture. It was set up in 1997 in response to the request of women’s agricultural organizations.

The Observatory collaborates with the main public and private stakeholders involved in agricultural and rural development to promote synergies in the field of women’s agricultural employment.

The Observatory collects and processes data, analyses the legislation on female employment and equal opportunities, examines the European Union and central and regional governments’ policies to promote initiatives in female entrepreneurship, creates links between sources and means of information and research and promotes, in cooperation with the regions and autonomous provinces, pilot initiatives in the field of entrepreneurship for women. The Observatory is headed by the Minister of Agricultural and Forest Policies and has 30 members (27).

 

- Since 1982, the European Union (EU) Common Agricultural Policy (CAP) has played a key role in rural development. Since the establishment of the European Community (EC), CAP has supported agriculture and rural development in member countries.
CAP’s main goals are to help European farmers be competitive and promote development in rural areas, particularly in the least-favoured regions.

The financing available to farmers has changed over the years, increasingly focusing on environmental protection and on the quality, rather than the quantity, of production. The EU also has made a greater commitment to rural development through a single financial instrument which promotes agriculture, forestry and all types of rural activity (28).

 

EU Rural Development Policy 2007–2013:
- In the strategic priorities for rural development, Priority No. 3 addresses improving the quality of life in rural areas and encouraging diversification of the rural economy. It states that key actions also include encouraging the entry of women into the labour market by creating child care infrastructure (28).

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