Diversi per diritto : le diseguaglianze formali di genere e le loro giustificazioni nel diritto italiano vigente

This essay aims to examine some formal gender inequalities within the Italian law in force – i.e. cases in which Italian legal norms provide a different regulation according to features connected to the recipients’ gender. In particular, after a brief overview of the main kinds of justifications of formal inequalities within the contemporary debate (§ 2), and a brief presentation of the justifications of formal inequalities that can be traced back to the Italian Constitution (§ 3), I will distinguish five types of formal gender inequalities depending on their possible justification (or its absence). In particular, I will distinguish: (a) formal gender inequalities which are not reasonably justifiable (§§ 4, 4.1); (b) formal gender inequalities which aim to obtain an equality of certain opportunities (§§ 5.1, 5.2); (c) formal gender inequalities which are directed to achieve an equality of certain results (§§ 5.2, 6); (d) formal gender inequalities which seek to ensure a special protection (§ 7); and, finally, (e) formal gender inequalities founded on (reasons related to) gender identity (§ 8). For each type, I will examine the most pervasive examples: this analysis doesn’t want to be exhaustive, but it aims to discuss the most important formal gender inequalities, i.e. the most common (affecting a considerable number of men and women) and the most relevant (which have a significant impact on the distribution of legal rights and duties).