Unacceptable discrimination between unmarried heterosexuals and gay couples

by Roberta Lunghini - 2016.11.04
Unacceptable discrimination between unmarried heterosexuals and gay couples
  • Share on Facebook Share on Twitter Share on Whatsapp
  • Print

In Italy the new law for gay couples de facto discriminates against heterosexuals. The new law for a gay couples guarantees that should a cohabitating partner die, a pension of the dead partner (for example a disability pension) can be transferred to the partner who has survived him/her. This is not the case, however, for heterosexual couples, where legal marriage is a requirement for such a pension (of a dead person) to be transferred to his/her surviving spouse. This startling truth was upheld recently when the Supreme Court refused to hear the case of a man who had had his request for his female partner’s pension passed to him refused by the Italian Social Security system, because he was not legally married to her. With this surprising opinion of the Court, the man could not appeal to the European Convention for Human Rights because the Italian Constitution clearly states that in cases similar to the one brought before the Court, cohabitation and legal marriage cannot be considered equal.

Published in Civil unions.
Related:
  • First divorce in Italy for a gay couple joined by civil union

    Two men in Savoia who had opted for a civil union 6 months ago have now decided to end their relationship. The Italian Academy of Matrimonial Lawyers (AMI) and the web portal gay.it, announced that it was faster for this couple to put an end to their union than in Read More.

  • It is considered maltreatment in the family even when you don’t live under the same roof

    In Italy, the crime of maltreatment in the family can also apply to a de facto couple with children. That is also if the abuse occurred when the two were no longer living under the same roof. This was the ruling of the Court of Cassation, in pointing out that Read More.

  • Italy’s “family check” for employees with children is also provided to gay couples

    The Italian “family check”, a type of economic assistance for employees in certain work categories with children, is also provided to gay couples joined by civil union, who have kids. Providing that one member of the couple is an employee or eligible for a pension. Children can even come from Read More.

  • Paid leave from work must be granted to de facto couples

    In Italy, the 3 days per month paid leave from work are to be extended to civil unions. A new circular letter by the Italian social security institute (INPS), referring to a decision of the Constitutional Court on the matter, gives a set of indications in order to reiterate that Read More.

  • In Italy a civil union will receive all the legal benefits and protections

    Civil unions are now fully operational in Italy. In fact, they have been published in the Official Journal, 3 legislative decrees for the implementation of the law approved last May that allows civil unions for same-sex couples. The measures, which will come into force next February 11, definitely mark the Read More.

  • Legality of marriage determines if child support is mandatory

    In Italy, missed child support payments has criminal penalties, only if parents were legally married. The Italian Supreme Court overturned a sentence that had condemened a father even on appeal (first and second) for not having provided his live-in partner with the amount that an earlier Court had awarded, for 50% Read More.