Il difficile cammino verso la parità di genere nell’accesso alle cariche elettive

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Abstract

The aim of this paper is to analyse the evolution of gender balance in the ItalianConstitutional system with respect to electoral representation. Even if Art. 51th of the ItalianConstitution provides that “Any citizen of either sex is eligible for public offices and electedpositions on equal terms, according to the conditions established by law. To this end, the Republicshall adopt specific measures to promote equal opportunities between women and men”, effectiveachieving of electoral representation has been heavily difficult for women in Italy. The ItalianConstitutional Court in 1995 (judg. no. 422) declared the use of electoral quotas in lists ofcandidates unconstitutional, even if considered this measure useful to help women in accessing tolocal Assemblies, because of the legal nature of quotas: the Court qualified them as affirmativeactions and stated that they were in direct contrast with Art. 3rd, 1th part of the Italian Constitution.But, the Constitutional Judge gradually shifted from this rigid perspective. In a more recent caselaw, indeed, the Court recognized the necessity of gender balance measures, even if different fromelectoral quotas (Const. Court judgs. nos. 49/2003 and 4/2010). However, the instruments providedby laws had not any real success and women are not effectively represented in political Assemblies.Taking gender balance effectiveness seriously?
Lingua originaleItalian
pagine (da-a)86-120
Numero di pagine35
RivistaOSSERVATORIO COSTITUZIONALE
Stato di pubblicazionePublished - 2021

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