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Italy. Corte Costituzionale

Publications and source records attributed to Italy. Corte Costituzionale.

7 recordsLinked to original sources

Judgment, 26 February 1987.

The Court held that Article 18 of the Preliminary Dispositions of the Italian Civil Code, which provides that if no common national law exists, personal relations between a husband and wife are governed by the national law of the husband, is unconstitutional. It ruled that this Article violated constitutional provisions calling for equality among all citizens and the equal dignity of the husband and wife in the family.

Developed Countries↗

Judgment, 25 November 1987.

The Court held unconstitutional Article 20 of the Preliminary Dispositions of the Civil Code, which provide that relations between a parent and child who are nationals of different countries are governed by the national law of the father if he is known and acknowledges paternity. It ruled that this Article violated Article 3, paragraph 1, and Article 29, paragraph 2, of the Constitution, which mandate equality of the sexes and equality of spouses, respectively.

Adolescent↗

Judgment, 25 May 1987.

The Court held that Articles 9 and 12 of Law No. 194 of 22 May 1978, which set forth provisions under which a judge is to authorize an abortion for a minor in the absence of parental or other consent, do not violate articles of the Constitution guaranteeing freedom of religion and thought. The Court rejected the arguments of a judge who was morally and religiously opposed to abortion and held that he was obliged to comply with the provisions of Law No. 194. It ruled that his freedom of religion and thought were not violated because his power in the case was limited; he did not force the minor to undergo an abortion.

Abortion, Induced↗