In Italy, in recent years the legislation of people LGBTQIA+ (acronym that indicates lesbian, gay, bisexual, transgender, queer, intersex, asexual people and other gender or sexual orientation of belonging) has made significant progressin some cases due to laws approved by Parliament, in others to judgments of the judicial bodies. More specifically, the civil unionsrules for the Change of sex of transgender people, the discrimination in the workplace. Our country, however, is still behind the average of Europe and Western countries, regarding the recognition of rights and protections. Just think that weddings are not recognized between people of the same sex (legal in almost all European and American continent countries) and there is no one law that prohibits discrimination completely towards LGBT people.
The legal status of homosexuality in Italy and in the world
The condition of LGBT people in the world is very varied: in some countries, like most of the African and Asian states, thehomosexuality is in itself illegal; In other states, such as European ones, not only the relationship between people of the same sex are legal, but there are laws that guarantee the LGBT Rights people on marriage, adoption and other areas. In Italy, homosexuality is not illegal: From the entry into force Zanardelli code of 1890, the law does not punish relationships between people of the same sex. Also theage of consent (i.e. the age to which it is legal to have sex) is the same for heterosexual and homosexual relationships: 14 years.
However, for many years homosexuality has been considered a reprove condition And LGBT people have suffered heavy discrimination, Only for a few decades reduced thanks to what can be called a change of mentality.
Civil unions and equal marriage
Unlike many other countries, in our system Equilitarian marriage is not foreseenthat is, the marriage between people of the same sex, and all the proposals advanced in this sense have been rejected. However, there is a law that makes the civil unionsthat is agreements that guarantee some rights to couples formed by people of the same sex.
The argument was debated for a long time: the first bills were advanced in 1986, but only after thirty years the Parliament approved the Law 20 May 2016 n. 76 (known as Cirinnà lawfrom the name of the senator who presented the proposal) which provides that couples formed by people of the same sex can sign a civil union in front of a civil status officer; the union guarantees them almost all same rights and duties as married couples (reversibility of retirement, duty of mutual assistance and to contribute to common needs, etc.), but not the adoption. In addition, the civil union law does not explicitly provide for the obligation of loyalty, provided for the marriage.
Protection from discrimination
Homosexual people have long been discriminated at social and cultural levels and sometimes still undergo discrimination; currently There is no law that explicitly prohibits them: the Ddl Zanthat is, the bill that intended to introduce the ban, presented in 2020, was rejected by the Senate in 2021.
For some years, however, a law has been in force that prevents the discrimination in the workplace and on hiring: in 2003 the government approved the Legislative Decree n. 216 of 9 Julyin application of the European directive of 27 November 2000, who asked the Member States to introduce a law to prohibit discrimination in hiring. The Italian decree contained a paragraph that allowed to evaluate the sexual orientation for enrollment in the armed and police forces; Basically, opened the doors to any discrimination for LGBT people who wanted to enlist as soldiers, carabinieri and policemen. In 2008, after the European Union had opened an infringement procedure towards Italy, the paragraph was removed.
However, there is no law that prohibits discrimination tout court (access to services, education, etc.) and only a few have been issued on the subject regional laws. The first region to approve an anti-discrimination rule was Tuscany in 2014, followed in the following years by eight other regions: Liguria, Marche, Sicily, Piedmont, Umbria, Emilia-Romagna, Campania, and Puglia. The other regions have not introduced any legislative provision to prevent them.
In Italy, the incitement to hatred for ethnic, religious, national and racial reasons is prohibited by left -handed law of 1993, which does not explicitly mention hatred for reasons of sexual orientation. The proposals to extend the left -handed law have never been approved.
Adoptions and gear change
In Italy the law does not provide that couples formed by people of the same sex can adopt children. However, in certain conditions, adoption is made possible by some judgments of the Court of Cassationwho legitimized the Stepchild Adoption (adoption of the partner’s son, since 2014), admitted the recognition of adoptions abroad (since 2021) and allowed adoption for singles, even if homosexuals (since 2025). Instead, it is prohibited, both for homosexual and heterosexual couples, the surrogate maternity (the so -called “rent for rent”).
The change of sex instead is Legal since 1982 And in 2015 the Cassation established that, to obtain change on documents, surgery is no longer mandatory. However, generally people intent on changing sex face a along legal and bureaucratic process.
A comparison between Italy and the rest of the world
Overall, in recent years they have been carried out significant progress In the recognition of protections and rights of LGBT people, but our country results still backward compared to the average of western states. For example, egalitarian marriage and adoption are legal in most European and American countries, but not in Italy. The discrimination, still widespread in some sectors of the company, mean that even at the legislative level is It is difficult to reach the full recognition of rights And, unlike what a part of public opinion thinks, LGBT people are still discriminated. According to the organization Ilga Europewhich deals with a “Rainbow Map” every year on the conditions of homosexuals and non -binary people in Europe, our country is placed in 35th place, out of 49 statesout of respect for rights.
