Il piombo e l’oro: riflessioni sul caso Oliari c. Italia


GenIUS - Rivista di studi giuridici sull'orientamento sessuale e l'identità di genere

December 2016, vol. 3, n°1, pp.46-61

Departments: Tax & Law, GREGHEC (CNRS)

Keywords: Italy; Constitutional Law; Human Rights; LGBT Rights

This article offers an analysis of the judgment issued on 21 July 2015 by the European Court of Human Rights in the case Oliari v. Italy. Here the Court, declaring that the failure by the Italian legislator to produce a law on same-sex partnerships constituted a breach of Article 8 of the European Convention on Human Rights, accelerated the domestic debate regarding a law on civil unions, which was eventually enacted on 20 May 2016. In the first part, this article addresses the Oliari ruling, which represents the conclusion of a litigation establishing a charter for same-sex unions under Italian law. The second part will explore what the Court has said and what it hasn't regarding the ruling’s potential comparative and egalitarian dimensions. Finally, the third part compares the Court’s findings with the provisions of Law No. 76/2016 on civil unions in order to verify whether the Italian legislator has complied with its obligations under supranational law.