Accordi e Convenzioni

Lack of security in the family as a violation of human freedom and rights against the background of social and legal conditions in Italy

Abstract: Any violation of human rights, whether psychological, emotional, economic or negligent, are violence. Violence within the family is one of the most cruel violations of freedom and human rights, as it is the family which, by virtue of its social function, should guarantee peace, security and care for each and every one of its members. Unfortunately, in closed walls of houses tragedies frequently occur, the perpetrators continue to abuse the silent victims with impunity.

Introduction

Just a few years ago, the topic of domestic violence in Italy was ignored and not given any social importance, although the more frequent and cruel phenomena of abuse of family members contributed to highlighting this problem, to legislative modifications and to bringing to life new laws aimed at safety in the family, especially with regard to violence against women.

This phenomenon, which occurs on a large scale, contributes primarily to the very high mortality. According to statistics, every third day in Italian families a woman dies at the hand of the closest person, sometimes in the presence of her own children. Assisting any form of violence by children is called assisted violence by psychologists. It is often this type of violence against a child that causes deep problems and personality devastation, giving rise to the next wave of violence in their adult life.

The Italian authorities and various types of associations have for many years been taking a lot of preventive and intervention measures, and awareness-raising programs are being carried out. The groups of security services, especially carabinieri and the police, are obliged not only to intervene, but also to take preventive measures, by introducing new programs and tasks, which are constantly improved.

Family as a social group

In sociology, the family is understood as the basic and most important social unit on which the entire society is based[iii]. It is the first and most important social environment in which a person learns to relate to another person. “The family maintains the continuity of human biological existence, provides children with conditions for growing up, and guarantees existence and stability”[iv]. The family is the social group to which one is born and which contributes to the sustainability (and abundance) of other, more complex social structures[v].

Franciszek Adamski made a division into functions relating to the family as a social and personal institution. The first group includes the following functions: procreative (biological), economic, caring, socializing, stratificating and integrating; the second – marital, parental and fraternal. At the same time, the author indicated important functions that qualify the inalienable institutions of the family, to which he included: the procreative and socializing functions and the function of love[vi].

As a result of the dynamics taking place in the family and in the whole society, models of family functioning change with the progress of civilization development, depending on the geographical location, economic and cultural conditions. This is due to the nature of the ties between the family and society, as people living in the family also participate in social life, bringing models and values learned from the family home into their own environment. Likewise, “the family is undergoing a process of development. It is the result of the interaction of wider social systems and individual changes in family members and their relations”[vii].

Despite many global changes, the family continues to be the basic environment of human life in which deep and intense family interactions take place, which have a strong meaning for the development of its individual members.

Traditional family model and its transformation from a sociological perspective

“In the traditional model of the family, its institutional and legal character, in which both the marriage and giving birth to children were subordinated to universal laws, the overarching goal of which was the stability of the family”[viii] was emphasized.

Family models can be distinguished by their structure. The traditional division of family models relates to its generation character.

Multigenerational families, consisting of more than two generations living under one roof. Such a family model occurs primarily in underdeveloped or poor communities, where, due to insufficient economic resources, subsequent family members do not move out of the house. Often, this model also characterizes rural environments due to the need to combine labor forces in running a household[ix].

On the other hand, the two-generation family model, consisting of a man, a woman and their offspring, has been defined as a nuclear family. The creator of this definition is the American anthropologist Georg Peter Murdock[x]. According to his theory dating back to 1949, society is a structure made of basic, primal cells – the nuclear families, just as a molecule is made of atoms. The basic building block of society is to be the nuclear family, which G.P. Murdock understood as the marriage of a man and a woman together with their common offspring[xi] and distinguished its sexual, economic, reproductive and educational functions[xii].

A phenomenon that was present until recently in all family structures and relations between household members was the maintenance of male power and authority: patriarchal authority was a characteristic common to various family and home relationships.

Talcott Parsons referred to the model of the patriarchal family, deepening the structure of the nuclear family, distinguishing between its socialization functions and ensuring the stabilization of the personality of adult family members [xiii] and roles for individual family members. The role of the wife-mother is to take care of the house and children, while the father-husband is the “breadwinner” bringing home bread, that is, providing the means of life. By taking the role of breadwinner, the father-husband becomes the leading member of the family, having the decisive voice and dealing with the interaction between the family and society. The roles of both spouses are complementary and cannot exist without influencing each other. Children, on the other hand, develop personality that adopt their parents’ values and the differentiation of roles between both parents[xiv].

Parsons argued that industrial society was dependent on the nuclear family and the fulfillment of its functions. The family has become a specialized “agency”, fulfilling the socializing function in relation to children and stabilizing the personality of its adult members, while at the same time deriving income from hired labor, usually a man.[xv].

Parsons’ reference to the traditional family, in which the patriarchal family model functioned with the imposition of roles and responsibilities on parents and children, gave a sense of security and stability. The children took over material and moral goods, which guaranteed the preservation and continuity of the family. The designation of specific functions also resulted from the care for the image of the family in the local environment, which gave this basic social institution a superior value over its constituent units. “The duplication of individual goals in relation to the interests of the family community created a situation in which the family was regarded as the supreme value”[xvi].

Nowadays, Parsons’ nuclear family theory does not seem to find the right to existence, due to profound social changes that have transferred the value of the family to the individual. Particularly, the change in the family model was influenced by the process of women’s emancipation, as well as deeper interactions with other social groups that have a profound influence on the formation of society, permeating family dynamics.

Contemporary family

Rapid industrialization in the societies of the nineteenth and twentieth centuries resulted in the formation of new trends and shifting the importance of the family on the scale of social values. It is observed that family members become independent and liberate themselves from its influence, which translates into a reduction in the communal nature of experiencing things within the family. [xvii].

In Poland and in many European countries affected by the economic crisis, new categories of families have emerged, such as families of the unemployed, families with a temporary absence of one or both parents, and families affected by poverty.[xviii].

The dynamics of social change, political and economic crises, shifting values and new cultural phenomena are deeply reflected in European families. The number of marriages contracted decreases year by year, with the factors of divorce increasing and more and more people choosing to live as a single person or in non-legalized relationships[xix]. At the same time, the number of births is falling and the arguments in favor of childlessness are getting stronger and stronger. Among the benefits of a voluntarily made decision about childlessness there are, inter alia, the possibility of unlimited investment in yourself, self-realization, freeing yourself from the need to show family support[xx].

In today’s era, patterns of the traditional family are often looked for. “However, it should be noted that there is no one common traditional family as there is no one common tradition[xxi]”.

Legal and constitutional care for the family

The importance of the family is reflected in the different laws of each country. Despite the low formalization of the family and its personal character, this small social group has an institutional character, which is defined in various legal regulations resulting from the politics, economy, culture and ideology of a given society. Regardless of the geographic location, historical conditions and political system, obligations are imposed on the family resulting from the expectations that individual countries in the world place on this basic cell of the society.

Common obligations provided for by European legislation include: mutual loyalty of the spouses, taking into account the legitimate interests and feelings of the other party, respect. These duties are translated into the duty of mutual help, understood not only as material help, but also, and even especially, as moral help and support in overcoming difficulties (e.g. in the event of illness of one of the family members).

The above-mentioned obligations clearly show that the state cares for the mutual welfare of family members and their development. The concern of the Polish state for the Polish family results from the content of Article 18 of the Constitution of the Republic of Poland, adopted on April 2, 1997 by the National Assembly: ” Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.” It is noteworthy that this article was placed in Chapter I of the Constitution, entitled “The Republic”, which clearly indicates the importance of the family in the functioning and development of the Polish state.

It is important to note that the text of this article does not provide a definition of a family that finds its basis in a married relationship, which allows for the interpretation of this basic social group in a broad sense and to take into account other [xxii] and new family models developing in “liquid modernity”[xxiii].

The protection of the family is developed in Chapter II entitled “The Freedoms, Rights and Obligations of Persons and Citizens”, in Article 71, which declares that the state in its social policy takes into account the good of the family, offering special assistance, inter alia, to families with many children and single-parent families and takes into account the mother’s right to special assistance by public authorities before and after childbirth. [xxiv].

Concern for the family is expressed in various laws extending to the rights of individual family members, particularly in the Family and Guardianship Code.

As in Poland, also in Italy, the importance of the family in the state is emphasized, therefore the family becomes the target of state protection and obligations are imposed on it. The importance of the family in society is indicated by Chapter II of the Constitution of the Italian Republic, entitled “Ethical and Social Relations”, which clearly emphasizes the role of the family in society and the ethical foundations in family-society relations. Indeed, the importance of the family in Italian society is demonstrated by the fact that its rights and obligations are included in the first paragraphs of Chapter II, Articles 29-31.

Contrary to the Polish Constitution, Article 29 clearly defines the rights of the family as a natural institution based on marriage. Later in this article, the concept of marriage that “is based on the moral and legal equality of the spouses, subject to legal limitations that guarantee the unity of the family” is elaborated.

Therefore, the definition of the family as an institution based on a marriage union deserves special attention in the constitution of the Italian Republic, which refers to the traditional foundations of this important social group. An equally important noteworthy point is the development of this article, which, however, mentions the moral and legal equality of spouses, although they are limited by law, which is to guarantee the unity of the family[xxv].

It should be taken into account that the Constitution dates back to 1947, and its assumptions are based on the notions of the family and its values, common in society and developed over the centuries.

The concept of family and Italian law

In order to understand the concept of the Italian family in 1947, when the Italian constitution was established and in the years or even centuries preceding it, first of all it is necessary to delve into the history of women’s emancipation in Italy.

Historical literature shows that until recently a woman was completely subordinate to a man who exercised the status of the head of the family (father or husband) and exercised complete authority over it[xxvi]. According to the Family Code of 1865, women did not have the right to guardianship over their legitimate children. Married women could not manage the money obtained as a result of their own work, nor could they decide on the use of their own goods taken from the family home, the man decided about the allocation of the money earned by the woman or her goods[xxvii]. On the other hand, Article 486 of the Penal Code of the same period provided for a prison sentence for a woman who had occasionally cheated on her husband, while a man could only be punished for cohabitation with another woman in a common-law marriage[xxviii].

The new Penal Code of 1930 maintains the legal norms for women, adding Article 587, which provided for a reduction of the penalty by one third, for “anyone who murders a wife, daughter or sister in order to protect their own or family honor”[xxix] (the so-called “honor killing”). Article 587 functioned in Italian law until 1981, which means until quite recently[xxx].

In February 1945, women were granted the right to vote. The constitution guaranteed equality between men and women, but in fact all the legal discrimination in force in previous years still prevailed, especially those contained in the Family Code and the Penal Code, and no changes or amendments to article 29 in the Italian Constitution on moral and legal equality of spouses “with the limitations provided by law to guarantee family unity” is puzzling.

From the above-mentioned data, one can clearly observe the supremacy of family values ​​over its members, especially the weaker ones, prevailing until recently in Italian law and society, where the honor of the family exceeded the good, happiness and even life of its members.

Today’s law in Italy protects every family member equally. Nowadays, a woman and children within the family can benefit from the help of various institutions and programs against violence, and new articles of criminal law have been introduced in relation to people using domestic violence, taking into account the safety of individual members, extending to former family members. Despite this, many Italian families are not synonymous with love and security. Frequent cases of violence and even murder of weaker family members signaled by the media indicate the need for new preventive solutions.

Violence in the family

Domestic violence is the most common form of violation of human rights and has a profound impact on the health of the individuals and those around them. This phenomenon takes the form of the use of force to gain or maintain power and control over the relationship and the victim[xxxi].  Violence in the family can manifest itself in relation to all its members, so its victims can be children, women and men.

Long-term abuse of the family causes the victims to isolate themselves from other groups in the local community and causes a feeling of helplessness. If the victim is a mother or father, the feeling of helplessness negatively affects the perception of one’s own parental function and the ability to care for one’s own children. Hence, the abuse of a mother or father extends as violence to children who witness violence[xxxii].

Adults’ domestic violence against children causes biological, moral and legal harm to the child. The most common types of violence against minors are physical, psychological (emotional), sexual and resulting from neglecting. These types of violence are very often complex, as physical or sexual abuse of a child causes deep psychological wounds. Violation of a child in the family is an obstacle to their proper physical and mental development. Violence is understood not only as abuse of a child, but also as the lack of economic, emotional and affectional care for them[xxxiii].

Although the Board of the Italian Services against Bullying and Child Violation[xxxiv], based on the theories of J. Wolak and D. Finkelhor from 1997[xxxv], in 2005 extended the definition of child abuse to violence assisted by minors in the family circle as “a child’s experience on the part of any form of ill-treatment involving physical, verbal, psychological, sexual and economic violence against people who are points of reference or other adults or minors who play a role in the child’s life […]. The child may experience such acts directly (if they occur in his/her field of perception, or indirectly (if the minor knows about their existence), possibly participating in their effects”.

Violence against women in the Italian family

In recent years, the Italian media has devoted a lot of attention to the phenomena of domestic violence, although the attention of sociologists has focused in particular on violence against women and on violence assisted by children who witness violence against battered mothers. That is these forms of violence that seem to be the most common in Italian society, and they are most likely to affect the child’s psyche and personality.

Italian mass media report almost daily about the killings, rape and other types of physical and psychological violence against women in their home environments. With the overall number of homicides of women, the number of homicides in the family community or on emotional grounds is increasing: in 2011, 70.8% of these crimes were committed against women by their partners or close and immediate family members[xxxvi], while according to the report Eures-Ansa, 81 women were murdered in the first half of 2013, 75% of these crimes occurred in a family or emotional context [xxxvii]. The victims of these crimes are usually women between the age of 25 and 54, most often wives and partners, but sometimes also daughters. Mostly partners, who constitute 66.3% of the perpetrators of these crimes, are involved in the tragedy of family homicides. A large part of this group, i.e. 17.6% (257 homicides), is represented by former partners who cannot accept the fact of being left by their “own” woman.

Violence against women is not just about homicide. Scientific research and analysis of data collected by the media, NGOs and numerous associations show an increase in cases of discrimination and violence against women in Italy. Last year’s Euros-Ansa report shows other worrying figures on violence: general violence against women (physical, verbal and psychological) occurs daily in Italy. The data from 2010 reports 150,000 such crimes, with an average of 290 crimes per day[xxxviii].

The Minister of Justice, Anna Maria Cancellieri, commenting on the growing phenomenon of murder of women and general violence against them, expressed her concern: “If, on the one hand, we can state a kind of stabilization of homicide cases, on the other, unfortunately, it is sad to say that the number of homicides of women primarily in the family environment has increased”.

In a further speech, Minister Cancellieri stressed the need to evaluate and research specific ways to fight these forms of crime. […] In order to fight against this terrible phenomenon – research on social mechanisms and relational models underlying the family cell should be carried out. […] I am convinced – added the minister – that one of the most important answers should be provided by the institutions precisely on the cultural level and it is here that one should act with the greatest force in order to prevent and help victims. [xxxix].

Consclusions

Violence in the family today is not only a historical “legacy”, but rather should be read as a key to new reactions to changes in the position of women in society. As Amartya Sen defines it, maltreatment by men is the leading cause of death for women across Europe and the world, it is “hidden genocide”[xl]. Femicide is understood not only as  the murder of women, but as a constant attack on their dignity, on their personal freedom, on the freedom of their thoughts and desires. Femicide, understood in the concept of murder, is only the tip of the great submerged iceberg, which is comprised of any activity aimed at annihilating the essence of femininity.

Reading the above-mentioned data, one can clearly observe the supremacy of family values over family members, where the honor of the family exceeded their welfare, happiness and even life. Today’s law in Italy protects every family member equally. Each individual in the family can benefit from the help of various institutions and programs against violence, and new articles of the penal law have been introduced in relation to people using domestic violence, taking into account the safety of individuals.

Despite this, many Italian families are not synonymous with love and security. Frequent cases of domestic violence, and even homicide, indicate the need to undertake new legal, preventive and intervention solutions.

(Traduzione dalla lingua polacca a cura di Karolina Iwaszuk)

(Si ringraziano Jolanta Grębowiec Baffoni[i]– Center for Studies and Education for Security, University of Wroclaw e Sławomir Fiodorów[ii]– Faculty of Social Sciences, University of Wroclaw)

Sources:

Adamski F., Socjologia małżeństwa i rodziny, PWN, Warszawa 1982.

Anderson M. (ed.), Sociology of the Family. Selected Readings, Harmondsworth 1971.

Bakiera L., Rodzina z perspektywy socjologicznej i psychologicznej: ciągłość i zmiana [in:] Obrazy Życia Rodzinnego z perspektywy interdyscyplinarnej, Roczniki Socjologii Rodziny XVII UAM 2006.

Barbagli M., Sotto lo stesso tetto, Il Mulino, Bologna 1984.

Bauman Z., Płynna nowoczesność, Wydawnictwo Literackie, Kraków 2006.

Caffo E., Camerini G.B., Florit G., Criteri di valutazione nell’abuso all’infanzia McGrawHill, Milano 2002.

Cardellini G., Separacja i rozwód we Włoszech. Kwiestie w rozporządzeniu dziećmi małoletnimi [in:] Kegel Z. (ed.) Współczesna Kryminalistyka i nauki pokrewne w administracji, Wydawnictwo Uczelniane Państwowej Wyższej Szkoły Zawodowej im. A. Silesiusa, Wałbrzych 2013.

Coluccia A., Lorenzi L., Strambi M. (ed.) Infanzia mal-trattata, Franco Angeli, Milano 2002. Grębowiec-Baffoni Jolanta, Społeczno-historyczne uwarunkowania przemocy wobec kobiet we Włoszech a odpowiedzialność państwa [in:] Prawa pokrzywdzonego (ed.) Kaczmarek T, Filipowska-Tuthill M., Żylińska J.,Wyższa Szkoła Prawa im. Heleny Chodkowskiej, Wrocław 2017

Domański M., Względne zakazy małżeńskie, Lex, Warszawa 2013.

Janicka I., Problem dezintegracji małżeństwa  [in:] Problemy Rodziny, 1991, no.5;

Kłoskowska A., Teoria socjologiczna Talcotta Parsonsa: [in:]  T. Parsons, Struktura społeczna a osobowość, PWE, Warszawa 1969,.

Kukolowicz T., Sytuacja wychowawcza w nowych kategoriach rodzin w okresie transformacji ustrojowej, [in:] Ziemska M. (ed.), Rodzina współczesna, Wydawnictwa Uniwersytetu Warszawskiego, Warszawa 1999.

Maciejewski J., Grupy dyspozycyjne. Analiza socjologiczna, Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław, 2014.

Murdock G.P., Social Structure, New York 1949,

Parsons T., Bales R.F., Family Socialisation and Interaction Process, London 1956.

Segantini A., Cigalotti C., Violenza domestica su donne e minori, Athena, Modena 2013.

Siany K., Związki konsensualne – nowa forma małżeństw?  [in:] Problemy Rodziny, 1990,  no. 3.

Szlendak T., Socjologia rodziny. Ewolucja, historia, zróżnicowanie, PWN, Warszawa 2010,

Tyszka Z.,  Model rodziny współczesnej, [in:] Tyszka Z., Wachowiak A. (ed.), Podstawowe pojęcia i zagadnienia socjologii rodziny. Wydawnictwo AR, Poznań 1997.

Tyszka Z., Rodzina w świecie współczesnym: jej znaczenie dla jednostki i społeczeństwa/ [in:] Roczniki Socjologii Rodziny, Poznań, 1994. T. 6.

Żurek A., Orientowanie się na rodzinę a orientacja indywidualistyczna we współczesnym społeczeństwie polskim [in:] Roczniki Socjologii Rodziny t. VIII, 1996.

Riferimenti

[i] Dott. Jolanta Grębowiec-Baffoni, Ph.D., Center for Studies and Education for Security, University of Wroclaw

[ii] Dott.Sławomir Fiodorów, Faculty of Social Sciences, University of Wroclaw

[iii] Z. Tyszka, Rodzina w świecie współczesnym: jej znaczenie dla jednostki i społeczeństwa/ [in:] Roczniki Socjologii Rodziny, Poznań, 1994. T. 6: 1994 p. 23.

[iv] J. Maciejewski, Grupy dyspozycyjne. Analiza socjologiczna, Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław, 2014, p. 33

[v]  T. Szlendak, Socjologia rodziny. Ewolucja, historia, zróżnicowanie, PWN, Warszawa 2010, p. 116  after: M. Domański, Względne zakazy małżeńskie, Lex, Warszawa 2013, p. 35

[vi]  F. Adamski, Socjologia małżeństwa i rodziny, PWN, 1982, p. 49 after: M. Domański, op. cit., p. 34

[vii]  L. Bakiera, Rodzina z perspektywy socjologicznej i psychologicznej: ciągłość i zmiana [in:] Obrazy Życia Rodzinnego z perspektywy interdyscyplinarnej, Roczniki Socjologii Rodziny XVII UAM 2006 p. 102.

[viii] Ibidem.

[ix] M. Barbagli, Sotto lo stesso tetto (under the same title), il Mulino, Bologna 1984

[x] T. Szlendak, Socjologia rodziny… op. cit, p. 95 after: M. Domański, Względne zakazy małżeńskie…. op. cit, p.32.

[xi] G.P.Murdock, Social Structure, New York 1949, p. after: M. Domański, Względne zakazy małżeńskie… op. cit. p. 32.

[xii]  G.P.Murdock, Social Structure, op. cit., s. 3 after: M. Domański, Względne zakazy małżeńskie…. op. cit., p. 34

[xiii] T. Parsons, R.F.Bales, Family Socialisation and Interaction Process, London 1956, cytaty za przedrukiem opublikowanym [w:] M.Anderson (red.), Sociology of the Family. Selected Readings.  Harmondsworth 1971, p. 60, after: M. Domański, Względne zakazy małżeńskie, op. cit. P. 34

[xiv] A. Kłoskowska, 1969, Teoria socjologiczna Talcotta Parsonsa: [in:]  T. Parsons, Struktura społeczna a osobowość, PWE, Warszawa.

[xv] T. Parsons, R.F.Bales, Family Socialisation and Interaction Process, London 1956, citation after reprint published [in:] M.Anderson (ed.), Sociology of the Family. Selected Readings.  Harmondsworth 1971, p. 60, after: M. Domański, Względne zakazy małżeńskie, op. cit., p.32

[xvi] A. Żurek, Orientowanie się na rodzinę a orientacja indywidualistyczna we współczesnym społeczeństwie polskim [in:] Roczniki Socjologii Rodziny Vol. VIII, 1996, p. 127.

[xvii] Z. Tyszka,  Model rodziny współczesnej, [in:] Z. Tyszka, A. Wachowiak (ed.), Podstawowe pojęcia i zagadnienia socjologii rodziny. Wydawnictwo AR, Poznań 1997: after: L. Bakiera, Rodzina z perspektywy… op. cit., p. 104

[xviii] T. Kukolowicz, Sytuacja wychowawcza w nowych kategoriach rodzin w okresie transformacji ustrojowej, [in:] M. Ziemska (red.), Rodzina współczesna, Wydawnictwa Uniwersytetu Warszawskiego, Warszawa 1999, after: L. Bakiera, Rodzina z perspektywy… op. cit., p. 104

[xix] I. Janicka, Problem dezintegracji małżeństwa  [in:] Problemy Rodziny, 1991, no. 5; K. Siany, Związki konsensualne – nowa forma małżeństw?  [in:] Problemy Rodziny, 1990,  no. 3, after: L. Bakiera, p. 104

[xx] L. Bakiera, Rodzina z perspektywy… op. cit., p. 104

[xxi] Idem, p. 102.

[xxii] e.g. one-parent families, orphaned families.

[xxiii] as a term referring to contemporary social dynamics, consisting in instability, changeability, ephemerality, taken from Z. Bauman, “Płynna nowoczesność”, Wydawnictwo Literackie, Kraków 2006;

[xxiv] The Constitution of the Republic of Poland of 1997, Article 71: 1. The State, in its social and economic policy, shall take into account the good of the family. Families, finding themselves in difficult material and social circumstances – particularly those with many children or a single parent – shall have the right to special assistance from public authorities; 2. A mother, before and after birth, shall have the right to special assistance from public authorities, to the extent specified by statute.

[xxv] In its further parts, the Constitution imposes the rights and obligations of parents towards their children, and so in Article 30 The Constitution provides for the obligation and right of parents to raise and educate children, also born out of marriage. The same point emphasizes legal and social care for children from outside marriage, equal to the rights of members of the legalized family. On the other hand, Article 31 guarantees economic assistance and other types of assistance to families, especially large ones, and protection of motherhood, childhood and adolescence, declaring support and assistance from appropriate institutions.

[xxvi] M. Barbagli, Sotto lo stesso tetto, il Mulino, Bologna 1984, p. 82

[xxvii] Codice civile del Regno d’Italia 1865, Libro I, tit. V, CAPO IX. Dei diritti e dei doveri che nascono dal matrimonio. (O prawach i obowiązkach rodzących się z małżeństwa) SEZIONE I. Dei diritti e dei doveri dei coniugi fra loro (O prawach i obowiązkach małżonków względem siebie)

[xxviii] B. Bertani, Donne e Risorgimento: una storia taciuta (Women and Revival: An Untold History) [in;] Minerva, Redazione Minerva, Roma 2010

[xxix] Penal Code of 1930  (so-called Codice di “Rocco”) –Book 2: Dei delitti in particolare (About crimes in general) –Title 12: Dei delitti contro la persona (About crimes against the other person) – Section 1: Dei delitti contro la vita e l’incolumità individuale (About crimes against life and individual safety). Article 587 – Omicidio e lesione personale a causa di onore (Homicide or personal injury for the sake of honor)

[xxx] G. Cardellini, Separacja i rozwód we Włoszech. Kwiestie w rozporządzeniu dziećmi małoletnimi [in:] Z. Kegel (ed.) Współczesna Kryminalistyka i nauki pokrewne w administracji, Wydawnictwo Uczelniane Państwowej Wyższej Szkoły Zawodowej im. A. Silesiusa, Wałbrzych 2013, p. 39 (from Italian translated by: Grębowiec-Baffoni)

[xxxi] A.Segantini, C. Cigalotti, Violenza domestica su donne e minori, Athena, Modena 2013.

[xxxii] Ibidem, p. 63

[xxxiii]E. Caffo, G.B. Camerini, G. Florit, Criteri di valutazione nell’abuso all’infanzia

[xxxiv] CISMAI / Coordinamento Italiano dei Servizi contro il Maltrattamento e Abuso dell’Infanzia

[xxxv]after A. Coluccia, L. Lorenzi, M. Strambi (ed.) Infanzia mal-trattata (Abused Childhood), Franco Angeli, Milano 2002, p. 71

[xxxvi] Femminicidio, cento vittime nel 2012: una donna uccisa ogni due giorni (Femicide, one hundred victims in 2012: one woman is murdered every other day) [in:] Il Fatto Quotidiano, 19 October 2012

[xxxvii] S. Nandini, Femminicidio, nuovi dati: 81 donne uccise in italia in sei mesi (Femicide, new data: 81 women killed in Italy in the last six months) [in:] Ferite a morte, 11 July 2013

[xxxviii] Grębowiec-Baffoni J, Społeczno-historyczne uwarunkowania przemocy wobec kobiet we Włoszech a odpowiedzialność państwa [in:] Prawa pokrzywdzonego (ed.) Kaczmarek T, Filipowska-Tuthill M., Żylińska J.,Wyższa Szkoła Prawa im. Heleny Chodkowskiej, Wrocław 2017, p. 650

[xxxix] Ibidem.

[xl] In 1990, economist Amartya Sen published an essay entitled “More Than 100 Million Women Are Missing”, discussing the numerical inequality between women and men in India, China and other developing countries. According to A.Sen, this inequality is due to the “neglect” of Third World women, in other words, a lack of medical care, food and education. In China, where the law of one child is in force, “there are cases of infanticide of girls. A. Sen, More Than 100 Million Women Are Missing [in:] The New York Review of Books, October 20, 1990; http://www.nybooks.com/articles/archives/1990/dec/20/more-than-100-million-women-are-missing/, online access: 02.02.2017


Rivista scientifica digitale mensile (e-magazine) pubblicata in Legnano dal 2013 – Direttore: Claudio Melillo – Direttore Responsabile: Serena Giglio – Coordinatore: Pierpaolo Grignani – Responsabile di Redazione: Marco Schiariti
a cura del Centro Studi di Economia e Diritto – Ce.S.E.D. Via Padova, 5 – 20025 Legnano (MI) – C.F. 92044830153 – ISSN 2282-3964 Testata registrata presso il Tribunale di Milano al n. 92 del 26 marzo 2013
Contattaci: redazione@economiaediritto.it
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