The Italian Constitutional Court on Women’s Rights: Patriarchal Remnants Versus Transformative Interpretations

Abstract

Abstract Aiming at contributing to the debate about the effectiveness of constitutional courts in enhancing the protection of women’s rights, this paper focuses on the case law of the Italian Constitutional Court. After an introduction on the role, functions, and composition of the Court, three foci will be put on the Court’s case law: (1) on the abolition of the gender-based discrimination in the adultery law, which caused also the abolition of the crime itself, (2) on the legislation introducing gender quotas for increasing women’s political representation, (3) on the legislation on abortion and reproductive rights.