1. Collection of main literature on forced marriages
1.1 History
Daniela. Lombardi(2008), Storia del matrimonio dal medioevo a oggi (History of marriage from the Middle
Ages to the present), Bologna, il Mulino,
Daniela Lombardi presents the historical evolution of marriage from the Middle Ages to the present.
Marriage has been for centuries an articulated joint essential in people's lives. The forms of this important
rite of passage are changed over time, reflecting the transformation of family relationships and gender
relations and the action of regulation exercised by secular and religious authorities on individual behavior.
The book draws a path starting from the situation in the Middle Ages in which to get married was a process
spread out over time, with the promise to cohabitation, enshrined just by the consent of both partners and
registered as a contract, until the modern age in which the marriage it is stated as a fact marked by
religious rites and strict rules, albeit with large differences between Catholic and Protestant countries, and
finally concludes with the contemporary situation, which has seen a secularization of marriage and a
gradual emancipation of private sphere of the legal regulation of the state .
Christiane Klapisch-Zuber, Michela De Giorgio (1996), Storia del matrimonio (History of marriage), RomaBari Laterza,
It 's the first complete reconstruction of marriage in Italy from the tenth to the twentieth century. On the
specific issue see: Ida Fazio, Percorsi coniugali nell’Italia moderna (Conjugal pathways in modern Italy), pp
151- 214
Michela De Giorgio (1992), Le italiane dall’Unità a oggi (The italian women from the Unification of Italy to
the present day) , Roma-Bari , Laterza
Especially Chapter V "Scene of marriage", pages. 273-376.
Curated by Piero Melograni in cooperation with Lucetta Scaraffia (1988), La famiglia italiana
dall’Ottocento a oggi (The Italian family from the nineteenth century to the present), Roma-Bari, Laterza
The transformations of the Italian family from the early nineteenth century to the last decades of the
twentieth century. On the specific issue see the essays of: Lucetta Scaraffia, Essere Uomo, essere donna,
pages 193-258, especially in paragraph 3. “Il Matrimonio”, e Diana Vincenzi Amato, La famiglia e il diritto
(The family and the law), pages. 629-696.
Daniela. Lombardi (2001) Matrimoni di antico regime (Marriages of the old regime), Bologna, Il Mulino
The book analyzes the importance that the marriage took for the church and the secular laws, through an
analysis that links one side to cultural and social rituals and other legislative and procedural problems.
Daniela Danna (2012), Matrimoni per forza o per onore (Marriages by force or by honor), in Femministe
a parole. Grovigli da districare (Feminists in words. Tangles to untangle) a cura di Sabrina Marchetti, Jamila
M. H. Mascat, Vincenza Perilli, Roma, Ediesse
The essay explores the different forms of consent to the marriage and shift from arranged marriages to
forced marriages, taking into account "the gray area between the forcing and acceptance", especially for
daughters and sons of immigrants born and raised in our country . Matter where the public sphere will be
asked to react.
Franca Balsamo (2003), “Famiglie di migranti. Trasformazioni dei ruoli e mediazione culturale” (Migrant
families. Transformations of the roles and cultural mediation), Roma, Carocci
The families of migrants, their deconstruction and reconstructions, strategies for adaptation and mediation
between two worlds, between memory and project the transformations and reversals of roles between
men and women, adults and children, families on the move, reality and symbol of the new intimate
relationships and regulations, at the same time, the post-modern society and new metamorphosis of
identity. These are the contents of the book in broad terms which delves themes 'gender sensitive'.
Giovanna Campani (2000), Genere, etnia e classe. Migrazioni al femminile tra esclusione e identità
(Gender, ethnic origin and class. Female migration between exclusion and identity), Pisa, ETS
The book deals with the role and status of women in the transition from society of origin to the host
society, social action of migrant / immigrants women.
1.2 Research
Daniela Danna (2008) Ricerca “Per forza, non per amore”: i matrimoni forzati in Emilia Romagna, Bologna
First research in Italy on the phenomenon of forced marriages, the survey was conducted by Daniela
Danna, researcher at the Department of Social Studies of the Faculty of Political Sciences, University of
Milan, on behalf of the Association of Terre Trama and has completed in 2008. The phenomenon has been
investigated through 33 experiments reported by victims or the operators of the refuges.
Zonta Club Moncalieri, Area 3 – Distretto 30 (2007), Ricerca I matrimoni forzati nell’Europa multiculturale
A report on forced marriages in which the phenomenon is introduced based on his theoretical definition.
The text explains how some European countries such as France, Germany, the UK and the Netherlands,
have established the preventive measures and support for girls victims who require help and presents
some legal tools to fight the FM. The report investigates the phenomenon in Italy through an interview with
two women, a Moroccan and a Somali, who live in Italy for several years The second part describes two
investigations into the phenomenon, one made in Belgium and one in Switzerland, as well as the
recommendations of the Council of Europe.
Prof. Esoh Elamè (2011), Ricerca- azione partecipata sulle Vittime della tratta di esseri umani, dei Crimini
d’onore e dei matrimoni forzati nell’unione europea, Daphne Programme – Project RapVite ref.
JLS/2008/DAP3/AG/1386
The purpose of this research is aimed to capture the perspective of migrants on these issues. It is not
therefore a research objective and descriptive trafficking, crimes of honor and Forced marriages, but the
attempt to understand, through the eyes of migrants, their awareness and knowledge of these
phenomena. The research was organized in two phases: a qualitative, through the use of in-depth
interviews and stories of life, the other quantitative, through administration of questionnaires to a sample
of about 2500 migrants living in 11 European countries: Belgium, Bulgaria, France, Germany, Greece, Italy,
Luxembourg, Poland, Portugal, Slovakia and Spain
Anna Alessi - Stefania Campisi - Maria Rosa Lotti (2011), Rapporto ricerca Sicilia, Daphne Programme
Project IRIS JLS/2008/DAP3/AG/1246 – 30CE03119160027, Palermo
Survey on gender-based violence against women with a specific focus on forced marriages, forced sexual
relations, genital mutilation and sexual harassment in the workplace, with specific attention to immigrant
women. Examined how the different systems of intervention to the prevention and taking care of these
situations. The report analyze the local contexts where the project was carried out, illustrating the
highlights that emerged from the investigations at local level.
Anna Alessi, Encarnación Bodelón González, Stefania Campisi, Cristina Fernández Bessa, Daniela Heim,
Maria Rosa Lotti, Gemma Nicolás Lazo, Maura Misiti, Roberta Pellegrino, Francesca Rinesi, Michela
Salvucci (2011)Violenza contro le donne nei contesti migratori di Italia e Spagna: conoscenza e percezione
delle pratiche tradizionali dannose nei sistemi socio-sanitari Daphne Programme Project IRIS
JLS/2008/DAP3/AG/1246 – 30CE03119160027, Palermo
The research activities began by reconstructing local scenarios and national contexts, through a desk-survey
that gathered social-demographic data, legislation, programs, projects on the selected issues, which was
followed by the quantitative and qualitative surveys and a systematic review of the literature. The surveys
investigated on the approaches of health-care and social workers in the cities of
Palermo, Mazara del Vallo (Trapani), Pescara, Teramo and Barcelona. Four research reports were produced
and in additionto this final report three local reports were published on the project website: the Regions of
Sicily, Abruzzo, and Catalonia.
1.3 Guidelines and Recommendations
Linee Guida e Raccomandazioni (2011), Daphne Programme Project IRIS JLS/2008/DAP3/AG/1246 –
30CE03119160027, Palermo
This document collects, summarizes and provides some basic information in the field of gender violence,
female genital mutilation, forced marriages, revised in the key women's rights as part of human rights. The
information is complemented by a bibliography and a collection of websites useful to those seeking to
deepen
their
knowledge
of
the
phenomena
and
wants
to
find
tools
for action to prevent and combat, without claiming to be exhaustive.
Linee guida per buone pratiche in casi di violenza domestica(2008) Trame di Terre
Translation of the guidelines of the "Southall Black Sisters" founded in London in 1979 to combat racism
and sexual discrimination against women and girls belonging to ethnic minorities. The Southall Black Sisters
have fundamental importance in the development of political action from below that has led, in England,
the development of national policies to combat forced marriages and honor crimes, including a Designated
Tackling forced marriages and the law of 2007 (Forced Marriage (Civil Protection) Act
Piattaforma italiana “Lavori in Corsa: 30 anni CEDAW” in riferimento al VI Rapporto presentato dal
Governo italiano nel 2009 (2011), RAPPORTO OMBRA, Italia
FORCED MARRIAGES IN ITALY Page 155/159: Analysis of the Italian situation and recommendations
1.4 Investigations by journalists
Giommaria Monti, Marco Ventura (2011), Hina. Questa è la mia vita, Casale Monferato, Piemme
The book traces the story of the girl killed by her father because he refused to conform to the traditions of
the Pakistani community. It 's the story of a girl like so many who paid with their lives the devastating
effects of prejudice and ignorance, is killed by her father because he refused the marriage that her parents
had combined with a cousin in Pakistan.
ONAL Ayse (2009), Delitti d'onore. Storie di donne massacrate dai familiari , Einaudi
A tragic, exciting narrative report on the shattered lives of victims and executioners. The journalist Ayse
Onal interviewed imprisoned men sentenced for killing in the name of '' honor ', wives, daughters or sisters
and told the stories of these women. Stories of forced marriages, beatings, humiliation, violence and
loneliness, but also stories of courage and love.
1.5 Press articles and magazines
In the last five years the newspapers and magazines have published numerous articles on the phenomenon
of forced marriage, entered in the chronicles from the murder of Hina Saleem (Gujrat, 1985 - Zanano
Sarezzo, August 11, 2006), Pakistani girl killed in Italy by his father as punishment for not to want adapt to
the traditional uses of native culture. Both news articles that related violence linked to harmful cultural
traditions, and insights that analyze different aspects of social, religious, cultural (and associated
stereotypes) about the phenomenon, and even on the italian draft laws and initiatives taken at Community
level or global to combat FM. We have identified no. 23 articles on the most different titles; Christian
Family, The Republic, The Journal, The fact daily, The Unit, La Stampa, to name but the most famous ones.
In addition, many websites and blogs dedicated to women's rights, childcare, or violence against women or
groups of women show opinions, insights, documents, about the phenomenon, the European directives to
combat it, to Italian initiatives in this respect.
2. Description of main legal framework at national level:
In Italy the phenomenon of forced marriages has grown exponentially with the increasing immagration of
the families coming from the Indian subcontinent and other arabic countries, even if no official census nor a
legislation take this matter. into account.
It has recently been observed that even if the arranged marriage is a practice which is normally tolerated by
the different cultures in the above mentioned countries of origin, there is a sort of “short circuit” when the
families migrate and they try to reproduce it in the host country. So with the second generations born in
Italy the arranged marriage has become a “combined forced marriage”, thereof a violence on the person: in
fact from the simple proposition of the partner, there is now also the coercion, the menaces and
violence.The latter should not be intended as only physical, that is easier to identify, but it can be exercised
also in subtler psychological forms, that can be expressed by stigmatizatizing, banning, marginalizing the
“non compliant” member of the family and religious community. This custom is a consolidated practice and
the religions do not play a central role in this regard.
The distinction between the two practices is significant both with regards to the public action and on the
legal.grounds. For instance even in Italy, just until a decade ago, the custom was that it was the family that
introduced the suitors to the daughter or to the son. This habit was related to a conception of family whose
members were much more united among them than nowadays. There was a trust in the experience of the
adults and therefore in their choice of the life partner, and the importance of the falling in love was
decreased in favour of more substantial criteria referred to an enduring marriage (economic certainty
above all).
2.1 Civil law applicable in cases of forced marriages
According to the Italian law the marriage is a “juridical act” of negotiable type. It is a complex family-law
institution composed by two elements. The first is an exchange of consents between two people of
different sex; the second is the declaration of the civil officer.
It shall be distinguished in:
Civil marriage; it is celebrated by a civil officer according to article 107 et seq. of the Civil Code;
“Matrimonio Concordatario” according to the canon law it is celebrated by a Catholic minister . The State
recognizes the civil effects of this type of marriage, if it is entered in the records of Registry Office;
“Non Catholic marriage” is celebrated by a different minister of one of the other religions recognized by the
State and it can have civil effects according to the law regulating the relationships between that religion
and the State.
The relationship deriving from the marriage is regulated by the law and it lasts until:
The death of one spouse
Or
The judicial dissolution of the bond caused by the divorce (in case of catholic marriage it is named :
“cessation of the civil effects of the marriage” because the religious bond is indissoluble)
Or
The judicial declaration of nullity (due to different causes such as the mental incapacity at the time of the
celebration or the consent following a violence or a mistake, particularly when the consent has been
extorted through the violence or determined by an exceptional severe fear due to factors external to the
spouse (article 122 Civil Code).
The Italian law also provides for the personal separation of the spouses (Article 150 Civil Code) which
determines the cessation of the cohabitation, that can end with the de facto reconciliation (Article 157 Civil
Code) and –above all: after three years it permits to apply for the divorce.
The above mentioned separation can be:
Judicial (Article 151 Civil Code) when it is pronounced by a sentence of the Tribunal on the instance of one
or both the spouses, presupposes the establishment of facts that would render the continuation of married
life intolerable or that can have a serious and damaging impact on the upbringing of the children. It can be
stated with a charge to one or to both of the spouses when it is ascertained that it has been caused by a
behavior which is contrary to the duties of marriage (fidelity, cohabitation, support etc as to Article 15,
subsection 2 of the Civil Code);
Consensual (by mutual consent) as to Article 158 of the Civil Code, when the spouses agree on the
separation and on the conditions settling their lives after the separation; it is a negotiated agreement that
must be submitted to the control of the Tribunal, which takes into account also the interest of minors as to
Article 158, subsection 2 of the Civil Code;
The consequences of the divorce are: patrimonial, with the obligation to provide maintenance by
periodical payments according to the means of the spouses as to Article 5, subsection 6 of the Law
898/1970; loss of the inheritance rights; right to a percentage of the severance payment of the former
spouse as to Article 12 bis of the Law 898/1970; the dissolution of the joint estate. On the other hand, as
to the personal consequences, they are: change in the civil status as to Article 89 Civil Code; loss of the
surname of the husband added by the wife to her own as to Article 5 subsection 2, Law 898/1970; retaining
of the right of healthcare by the mutual insurance fund of the other spouse as to Article 5, subsection 11,
Law 898/1970.
The most critical factor which impedes an effective protection to the victims of a Forced Marriage lies in the
impossibility to verify the consent given to a marriage in order to recognize its validity in Italy.
The marriage which has been validly contracted abroad is deemed to be recognized in Italy by virtue of the
principle of the favor matrimonii (Law 218/1995). To this end the original marriage act issued by the local
police officer must be translated and legalized. Then the spouses must transmit it to the Italian Consolar
authority abroad which provides to forward it to Italy in order enter the certificate in the civil registers of
the competent municipality.
Alternatively the Italian spouse can present the act, translated and legalized, directly to the Italian
municipality where he lives (as to Article 12 subsection 11, Decree of the President of the Italian Republic
396/2000). So in Italy the validity of the consent to the marriage given by the woman in the country of
origin it is not tested.
The acts by issued by the countries adhering to the Vienna Convention of the 8th September 1976, that
provides for the issuance of a multilingual form are exonerated from the legalizing and traduction. Those
countries are: Austria, Belgium, Bosnia and Herzergovina, Croatia, Estonia, France, Germany, Italy,
Lithuania, Luxembourg, Macedonia, Moldavia, Montenegro, the Netherlands, Poland, Portugal, Serbia,
Slovenia, Spain, Switzerland and Turkey.
The woman victim of Forced Marriage who wants to apply for the annulment for a defect in consent is
obliged to follow the normal jurisdictional procedure through the action for the annulment of the marriage,
which implies long times and relevant costs without receiving an adequate protection.
The status of spouse derives from the institution of “marriage”, the only legal instrument recognized by the
Italian legal system for the relationship of a couple formed by a man and a woman, which is considered by
the Italian Constitution (Art. 29) a requirement for legitimate filiation. The Italian legal system does not
recognize the status of family members to more uxorio cohabiting couples (the so-called “de facto
couples”), as repeatedly stressed by the Constitutional Court. In several judgments, in fact, the Court
specified that Article 19 of the Consolidated Act on Immigration is not unconstitutional insofar as it does
not prohibit the expulsion of third-country nationals cohabiting more uxorio with an Italian citizen
(Constitutional Court, ord. 313/2000; Constitutional Court, ord. 481/2000).
The non-recognition of the “spouse” or “family member” status to more uxorio cohabiting couples was also
reaffirmed by the Supreme Court (judgment 6441\2009, First Civil Division), even when the union is
registered and recognized in the country where it was contracted, as in Italy registered unions are not
considered a marriage.
2.2 Criminal law applicable in cases of forced marriages
The Italian legislation does not provide for a crime of “forced marriage”. The sentences which have taken
into consideration the conducts of relatives who the victims to a psychological and physical violence to
oblige them to “live according to the tradition” and so to accept the non agreed marriage have used the
crime of “family maltreatments” (article 572 of the Penal Code).
The problem of the future regulation and sanction of the forced marriage as a crime fits into the wider
problematic of the regulation of the “culturally motivated crimes”, that are the conducts of a member of a
cultural minority that is outlawed by the legal system of the majority culture. Nevertheless the same
canduct may not be considered as illegal inside the group of the agent, that in some circumstances can
even foster it.
In Italy this matter is subject of intense debate. Among the studies it can be mentioned: Luca Monticelli "Le
cultural defences (esimenti culturali) e i reati "culturalmente orientati", possibili divergenze tra pluralismo
culturale e sistema penale" in L'Indice Penale 2003; Cristina de Maglie "Multiculturalismo e diritto penale. Il
caso americano" in Rivista Italiana di Diritto e Procedura Penale 2005; Fabio Basile "Società multiculturali,
immigrazione e reati culturalmente motivati (comprese le mutilazioni genitali femminili" in Rivista Italiana
Diritto e Procedura Penale 2007.
2.3 Migrant law in relation to forced marriage
The entry of the foreign national in Italy is regulated by Title II Dispositions on the entry, the
residence and the removal from the territory of the State, I Chapter -Dispositions on the entry and
residence - art. 4 of the Consolidated Act on Immigration- entry in the territory of the State.
A. The entry in the territory of the State is allowed to the foreigner who is in possess of a valid
passport or an equivalent document and of the entry visa, except for the exemption cases,
and it can take place , except for cases of force majeure, only through the institutional
boarder crossings.
B. The entrance visas is issued by the Italian diplomatic or consular posts in the place of origin
or habitual residence. For visits up to a total of three months they are equalized to those
issued by the Italian diplomatic and consular authorities as issued on the basis of specific
agreements by the diplomatic and consular authorities of the other States.
Contextually to the issuance of the entrance visa the Italian diplomatic or consolar authority
give to the foreign national a communication written in a language he/she can understand,
or otherwise in English, French, Spanish or Arabic, that illustrates the rights and obligations
of the foreign national related to his/her entry and residence in Italy. If the requirements
provided by the regulation are not met the diplomatic or consolar authority communicate
the denial to the applicant in a language that the foreign national understands, or, otherwise
in English, French, Spanish or Arabic. Derogating the provision of the Law 241/1990 in cases
of public order and national security the refusal must not be motivated except for the visa
requests regulated by articles 22, 24, 26, 27, 28, 29, 36 and 39.
The submission of false documents or false infrormations with the application entails, in
addition to a penal responsability, the rejection of the application as inadmissible. For the
foreign national holding the residence permit it is sufficient to issue a communication to the
boarder authority in order to reenter the territory of the State (subsection substituted by the
Law 189/2002).
C. Without prejudice for the provisions of Article 3 subsection 4 Italy, in compliance with the
obligations assumed upon adhering to specific international agreements, will allow the entry
in its territory to the foreign national who provide the adequate documentation to confirm
the end and the conditions of the residence, as well as the disponibility of sufficient means of
subsistence to cover the intended stay and, except for the business permits, aslo the return
to the origin country. The means of subsistence are established by a specific directive issued
by the Minister of the Interior, pursuing the criteria indicated by the planning document
provided by the article 3 subsection 1.
The foreign national who does not meet these requirements or who is considered to be a
threat to public order, national security, public health, or international relations or who has
been definitively sentenced through a for one of the crimes provided by the article 380
subsection 1, and 2 of the Criminal Procedure Code or for crimes related to drug trafficking,
sexual freedom, facilitation of the illegal migration to Italy or from Italy to other countries or
for crimes directed to the recruitment of persons to coerce them into prostitution or to the
exploitation of the prostitution or to the exploitation of minors to use them in illegal
activities (sentence introduced by the Law 189/2002).
The foreign national is banned from entry Italy also when there is an irrevocable criminal
conviction for the crimes provided by the dispositions of Title III, section II, of the Law
633/1941, regarding the copyright, and the articles 473 and 474 of the Penal Code
(disposition introduced with the Law 94/2009). The foreign national who has requested the
family reunification, according to article 29, is not allowed entry the State when considered
to be a threat to public order, national security, public health, or international relations
(disposition introduced with the Legislative Decree 5/2007).
D. The entrance to Italy may be allowed with short stay visas, valid up to 90 days and with long
stay visas, that imply the concession for its holders of a stay permit which motivation is
identical to the one mentioned in the visa. As to the stays shorter than three months the
reasons expressly indicated in the visas issued by the diplomatic and consular authorities of
other States will be considered valid on the basis of specific international agreements
subscribed and ratified by Italy or of the Community legislation.
E. The Minister of Foreign Affairs takes the appropriate and opportune measures to review or
amend the list of the countries whose citizens are subject to the visa requirements, also in
implementation of the obligations deriving from the current international agreements.
F. The foreign nationals who have been expelled cannot entry the territory of the State and
they are refused at the border, except for the cases when a special authorization has been
given or the entry ban is expired, and the foreign nationals that must be expelled or those
for whom an alert has been issued also on the basis of current international agreements or
conventions, as to the refusal for reasons relating to serious public order or public safety or
international relationships.
In any case the entry is subject to the respect and fulfillment of the requirements and formalities
provided by the implementing regulation.
As it has been said it must be specified that foreign citizens can enter the territory of Italy for
tourism, studies, family reunification and business. The entry of the EU citizen is governed by the
Schengen agreements which have made possible the creation of a common area in which the free
movement of persons is ensured and the abolition of checks at the common borders.
In this case the foreign national holder of a valid resident permit shall be exempt from a resident
permit for a period non exceeding three months, provided that the entry is not for the purposes of
work experience and trainings, self-employment and employment. On the other hand the foreign
national who wants to enter Italy from a third country must hold a visa authorizing the entry and
must be affixed to the page of the passport or of any other valid travel document. Some countries
are exempt from the visa requirements. The visa is issued by the Italian diplomatic mission or
consular representation in the country of departure or where the foreign national has a fixed
residence. The foreign national legally entering Italy, within 8 working days must apply for a
residence permit. The document will have the identical statement of reasons of the ones mentioned
by the visa.
Aliens arriving from a non-Schengen country declare their presence at the Border Police and obtain a
stamp in their passport on the day of arrival. This stamp is considered the equivalent of the
declaration of presence.
Aliens arriving from countries which apply the Schengen Agreement will submit the statement of
presence, within eight days from arrival at the Police Headquarters.
For those staying in hotels copy of the statement made at the hotelkeeper constitutes the
declaration of presence. A copy of these statements is given to the foreign national and must be
available to the public security authorities.
The non-compliance of this procedure, except for cases of force majeure, entails the removal; this
sanction is applied even if the alien is not detained in Italy for a time superior to three months or to
the time limit indicated in the visa.
An application for a visa related to reasons of study can be issued to the Italian Embassy in the home
country of residence.
Its validity is determined by the followed curriculum and it self-renews every year until the end of the
planned course. This renders them fit to work part time, with an employment contract for a period
not exceeding the 20 hours per week.
The foreign national entering the territory of the Italian State for reasons related to work must hold a
clearence issued by the competent “one stop” shop. The work permits regard the employment, the
self-employment and the seasonal work.
To clarify in order to establish an employment relationship of indeterminate duration, or with
fixed-terms or seasonal with a third-country national residing abroad, the employer, Italian or thirdcountry national residing legally in the Member State, must submit an application for a clearance to
work for a named worker to the “one stop” shop competent for the workplace.
But if the foreign national wants to pursue as a non casual self-employed person an activity
of trade, business, craft or profession, or the formation of a capital company or of a
partnership or to access the senior management, he must meet the professional and moral
requirements in accordance with the Italian law and he must address the request of an entry
visa to the competent diplomatic mission.
2.3.1
Family reunification between third-country nationals
According to the regulations on family reunification between third-country nationals, the term “family”
only refers to the so-called nuclear family, consisting of the spouse and minor children, i.e. those younger
than 18 years of age (Article 29, paragraph 1, letters a) and b) of Legislative Decree No. 286\1998,
Consolidated Act on Immigration). The law also provides for family reunification in cases of “dependent”
children over 18 and “dependent” parents over 65 (Article 29, paragraph 1, letters a) and b) of the
Consolidated Act on Immigration) only in particular situations of disability or lack of economic means of
support.
As regards, however, the reunification between a third-country national and an EU citizen who has
exercised his/her right to free movement (a “mobile EU national”), pursuant to art. 2 of Legislative Decree
No. 30\2007 which implements Directive 2004\38\EC, there is a slight widening of the above definition of
“family”: in addition to the spouse, in fact, direct descendants under the age of 21, children still dependent
on parents (including children of the spouse), as well as dependent direct ascendants (including ascendants
of the spouse) are also considered “family members”.
The right to seek the reunification with third country family members is recognized, in addition to nationals
and EU nationals, to nationals of third Countries holding in Italy a EC long-term residence permit or holding
a residence permit valid for a period not less than one year issued for subordinate employment or self
employment, or for asylum, study, religious grounds or family reasons.
Although there are no specific sanctions against the misuse of the law on reunification, the request for
reunification is refused when it is established that the marriage (or adoption) has taken place for the sole
purpose of enabling the person to enter and reside in the territory of the State. Moreover, the immediate
withdrawal of the permit is envisaged if it is ascertained that there is no “actual cohabitation” after
marriage. In both cases, of course, the measure is followed by a report to the competent authorities.
With regard to family reunification it should be recorded the acknowledgment of the illegality, based on
the Italian Constitution and the European Convention for the Protection of Human Rights and the
Fundamental Freedoms, of the ban to marry for a third country national without a valid residence permit, a
power which enables the foreigner to regularize his/her status.
To prevent misuse in requests for residence permits on the basis of false statements of family kinship, the
national law provides that, when requiring the entry visa, if family ties cannot be documented with
certainty by means of certificates or certifications issued by competent foreign authorities, the Italian
consular/diplomatic office may provide, at the expense of the interested parties, to issue certificates based
on the examination of DNA.
To prevent misuse of the permit required for reunification with family members already residing in Italy,
the application shall be accompanied by foreign certification translated and legalized; and if the acts giving
rise to the family ties occurred in Italy (marriage, birth) it is required both a copy of the passport and the
document issued by the office of civil status. In particular, in case of application for a residence permit in
favour of the child born in Italy, it is generally required that the birth certificate has affixed a photograph of
the child.
Italian law forbids polygamy; therefore it does not allow the reunification of the second or third wife in
polygamous marriages recognized in the country of origin. However, the reunification of spouses in a
polygamous relationship is often allowed not due to the marriage but to their status as “parent of a minor”
(biological or legal). This reunification is entitled to the best interests of the minor, not for the right to
family unity.
Categories of persons entitled to enter Italy for reunification: art. 29 of the Consolidated Act on
Immigration determines that a third-country national may ask for reunification with (a) the spouse not
legally separated and no younger than 18 years of age, (b) the minor children, including those of the spouse
or born outside of marriage, unmarried, on condition that the other parent, if alive, has given his/her
consent (children adopted, fostered, subject to protection plans are also included), (c) the dependent
children aged over 18, if for objective reasons they are unable to support themselves because of their
health conditions causing total disability, (d) the dependent parents, if they have no other children in their
country of origin or provenance, or parents aged over 65, if their other children are unable to support them
for serious health reasons.
The necessary requirements for a visa (Article 29, paragraph 3, Consolidated Act on Immigration) are:
Availability of accommodation complying with hygienic and sanitary as well as dwelling suitability
requirements, as certified by the relevant Technical Office of the Municipality.
Availability of adequate income: the third-country national applying for reunification needs to provide
evidence of a minimum annual income deriving from legitimate sources and not lower than the annual
social allowance, increased by half for each family member to be reunited. For the reunification of two or
more children younger than 14, or with two or more family members who were granted social protection,
it is necessary to give evidence of an income not lower than twice the annual social allowance.
In the sub-case d), availability of health insurance or other suitable title is required, in order to ensure
coverage of all risks in the national territory in favor of the ascendant over 65 years of age or his/her
registration in the National Healthcare System.
Furthermore, although the Italian legislation, as was previously mentioned, does not recognize any form of
de facto union, Art. 29, par. 5 allows the biological parent (who has not been expelled or reported for
expulsion for reasons of public order under art. 4, par. 6 of the Consolidated Act on Immigration) to enter
for family reunification with a minor child who is already regularly residing in Italy with the other parent,
provided that either parent proves to meet the above-mentioned requirements. This is due to the
legislative recognition of the higher interests of the child.
The third-country national regularly residing in Italy for other reasons may request the conversion of the
residence permit for family reasons if the following 3 requirements are met (Art. 30, par. 1, letter c) of the
Consolidated Act on Immigration):
the family member is regularly residing in Italy,
the third-country national applicant meets all the above-mentioned requirements;
the conversion request is made within one year from the date of expiry of the permit originally owned by
the family member.
Article 30, par. 2 of the Consolidated Act on Immigration allows the holders of a residence permit for family
reasons access to social services, enrollment in courses of study or vocational training, registration for
unemployment, exercise of employment or self-employment activities. The residence permit for family
reasons has the same duration of and is renewable with the residence permit of a third-country family
member who is eligible for reunification (Art. 29, par. 4 of the Consolidated Act on Immigration). In the
Italian legislation the reunification with a spouse and minor children is governed by the same legislative
sources.
Although specific rules sanctioning the abuses of the law on family reunification (as called for by the
directives 86/2003/EC and 38/2004/EC) have not been issued in Italy, there are however some prevention
measures. In particular, art. 29 par. 9 of the Consolidated Act on Immigration provides for that the request
for family reunification has to be rejected when it is established that the sole purpose for the marriage or
the adoption was to allow the person to enter and reside in the territory of the State. Moreover, par. 1-bis
of art. 30 of the Legislative Decree no. 286/1998 provides for the immediate revocation of the residence
permit when it is established that the marriage was not followed by “actual cohabitation”. A possible
exception to such provision is allowed only if children were born from that marriage.
Finally, to avoid the so-called chain reunification and discourage forced marriages between or with minors
intended to contravene the rules on entry of nationals of third countries, the Consolidated Act on
Immigration provides that the spouse is allowed to the reunification only if s/he is at least 18 years old and
the minor child enjoys reunification with the parent only if unmarried (ex Art. 29, paragraph 2 letter a) and
b)).
To prevent misuse when applying for a residence permit on the ground of forced marriage or false
declaration of parenthood, the Italian law provides:
Marriage: if celebrated abroad, the certificate translated and legalized by Italian authorities abroad is
always requested, except in cases of exemption under international conventions; whether the marriage
was celebrated in Italy, the third Country national must make a statement. The police office that receives
the declaration is required to request the certificate directly to the civil registrar.
In addition to the control of the certificate of marriage, before issuing a residence permit for family
reasons, the police office carries out checks at the applicant’s home to ensure the effective cohabitation
and marriage relationship.
Family relationships: Where in the stage of application for an entry visa family ties cannot be documented
with certainty by means of certificates or certifications issued by competent foreign authorities, Italian
consular representatives request the examination of DNA, at the expense of the parties concerned. To
prevent misuse of the permit required for reunification with family members already residing in Italy, the
application shall be accompanied by foreign certification translated and legalized; and if the acts giving rise
to the family ties occurred in Italy (marriage, birth) it is required both a copy of the passport and the
document issued by the office of civil status. In particular, in case of application for a residence permit in
favour of the child born in Italy, it is generally required that the birth certificate has affixed a photograph of
the child.
3. Other legal or public policies regulations, if existing at national level. This also includes
protocols (if existing).
NO
4. Questions to the Parliament or senate
2008 September 29 Magda Negri (PD) Parliamentary question on marriages, Forced or arranged
marriages: the phenomenon involves 20% of the marriages celebrated within the Islamic communities. For
the Under Secretary of the Minister of the Interiors Davico, replying to a question of the Senator Negri,
there is in Italy a juridical protection to contrast this and other phenomena of coercion having immigrant
women as the victims, but that information campaigns should be supported.
2010 November11 Proposal for a law by way of the initiative of the Deputies Deputati Lussana, Allasia,
Bitonci, Chiappori, Comaroli, Di Vizia, Fedriga, Follegot, Fugatti, Gidoni, Grimoldi, Maggioni, Laura Molteni,
Pini, Rainieri, Rivolta, Rondini, Torazzi, Vanalli, Volpi Introduction of the article 558 bis of the Penal Code
regarding the induction to marriage through coercion
The proposal for the law introduces a specific criminal provision pursuing the punishment of the arranged,
or forced marriages with the imprisonment of up to five years, considering them as cases of serious
coercion. In the awareness that it is a wide provision, about which it is fundamental to leave the judge
considerable discretion. For this reason it has been preferred to provide a sanction without the
determination of its minimum.
2011 november 29 Resolution in III Commission 7/00732 Presented by Tempestini Francesco (Democratic
Party) to commit the Government through the high level delegation attending the Conference of Bonn to
include the women’s rights among the priorities of the discussions and plannings regarding the Afghanistan
Reconstruction and as an unwaivable element in the peace negotiations coherently with the previsions of
the UN Resolution 1325 (7-00732).
2012 February Deborah Bergamini (PDL) Odg AC 4623-Government Agenda, welcomed by the Government
which commits itself in signig and make it sign to the EU, the Convention on violence against women
2012 september 28 Proposal for a law by the way of the initiative of the DeputiesMogherini Rebesani,
Bergamini, Binetti, Amici, Villecco, Calipari, Cenni, Murer, Brandolini, Cardinale, De Pasquale, D’incecco,
Fadda, Ginoble, Gnecchi, Iannuzzi, Lenzi, Marchi, Motta, Paglia, Polidori, Realacci, Rosato, Rossomando,
Scalera, Siragusa Ratification and execution of the Convention on preventing and combating violence
against women and domestic violence held in Istanbul on the 11th may 2011 Against any form of violence
included forced marriages
2012 november 15 Proposal for a Law (5579) by the way of the initiative of Deputies Bongiorno, Carfagna
Amendments to the article 576 and 577 of the Penal Code regarding aggravating circumstances of murder
and the introduction of the article 612 ter regarding the indution to marriage through coercion.
In September 2012 Italy has signed up the Council of Europe Convention on the prevention and contrast of
the violence against women and the domestic violence (Istanbul 2011)and in December the Council of
Ministers has approved the draft law concerning its ratification. The Convention has still to be ratified.
5. Documentation
European Migration Network Focussed Study: Misuse of the Right to Family Reunification - ITALY
contribution (2012)
This EMN Focussed Study responds to a growing concern, notably of policymakers as well as in the media,
that the right to family reunification may be misused as a route into settlement in the EU. It also serves to
inform the Green Paper on the Family Reunification Directive 2003/86/EC. The aim of the study was to
identify the scale and scope of two instances of misuse, namely marriages of convenience and false
declarations of parenthood and to provide clear evidence, to the extent possible and including available
statistics, of these types of misuse and how best to address them. The study also summarises (Member)
States’ current practices in its detection and prevention.