|SC||Variations of sex characteristics|
|GR1||Legal gender recognition without self-determination|
|GR2||Legal gender recognition with self-determination (over 16)|
|GR3||Legal gender recognition with self-determination (under 16)|
|FPN||LGBTI focal points network|
|CA||Ministerial call to action|
There is no law that protects individuals against discrimination on the grounds of sexual orientation, gender identity and expression, or variations in sex characteristics that is applicable within educational institutions. However, the Education Law (art. 1, paragraph 16, 2015) provides for the promotion of gender equality, the prevention of gender-based violence, and all forms of discrimination in schools at every level.
The Education Law, however, does not explicitly mention sexual orientation, gender identity and expression or variations in sex characteristics. Protocol AOODGOS No. 2079 of the Italian Ministry of Education (MIUR), dated 4 March 2009 (the “2009 Education Protocol”), states that students must acquire and be evaluated on specific skills related to the acceptance of their own identity and acceptance of diversity. In particular, they should become able to identify the defining elements of their personal identity (during primary school) and identify, as well, stereotypes and ethnic, social and cultural prejudices related both to their own and to others’ behaviour (during secondary school). For its part, the Protocol AOODGSIP No. 1972 of the Italian Ministry of Education (MIUR), dated 15 September 2015 (the “2015 Education Protocol”), states that the aim of the above-mentioned provisions of the 2015 Education Law is to make students aware of their constitutionally granted rights and duties of the individual and not to promote specific ideologies. In particular, it is claimed that “gender ideologies” are not included in this kind of teaching. The 2015 Education Protocol is another official, non-binding guideline of the Italian Ministry of Education on how to implement the non-discrimination provisions set out in article 1, paragraph 16 of the 2015 Education Law.
At the national level, an LGBT Strategy has been implemented with education as one of its main priorities. However, there has been no report to evaluate this strategy to date, and no information has been given concerning the training programmes to be implemented at the regional level in schools.
In particular, the national LGBT strategy should have been implemented in schools at a regional level by 2015, through provisions developed by the Italian Ministry of Education. However, no action in this direction has been taken and it seems that the Italian Ministry of Education has abandoned this strategy.
In 2013 a Draft Law No. 245, Legge contro l’omofobia e la transfobia concerning provisions against homophobia was approved by the Chamber of Deputies and transmitted to the Senate for approval. Since then, no further steps have been adopted. In 2017, the Italian Parliament approved a Law No. 71 (Disposizioni a tutela dei minori per la prevenzione ed il contrasto del fenomeno del cyberbullismo (17G00085) by which schools could provide measures to tackle cyberbullying in schools and monitor the implemented activities. The proposition of law is the first of its kind in Italy and it provides support to all students who have experienced bullying in school.
Inclusion of LGBTQI content in the curriculum varies from school to school. Sex education is an extracurricular activity in which teachers and learners can decide whether they want to participate. Furthermore, while some schools invite LGBTQI civil society organisations to promote inclusive knowledge of sexual identity, others work with movements and associations who promote more traditional family models.
There is currently no mandatory teacher training on LGBTQI awareness.
The procedures to change a person’s gender and name are regulated by Italian Law No.164 of 14 April 1982 (“Law No. 164”). In particular, Article 1 states that any change of gender and name must be authorised by a Court decision with the force of res judicata (i.e. a court decision against which there is no right to appeal). More specifically, this provision allows gender and name change only after a surgical operation concerning the sex organs.
Once the authorisation of the Court is obtained by means of its res-judicatadecision, the change of gender and name will be carried out by the Officer of the Civil Registrar of the Municipality in which the birth certificate is registered. Such Officer will promptly rectify gender and name in all the official documents.
In addition, Article 5 of Law No. 164 stipulates that there must be no trace in any official registers of any previous name and gender. A recent judgement, upheld by the Italian Supreme Court (Corte di Cassazione) in its decision No. 15138/2015, claims that a gender and name change need not be strictly related to a surgical operation on the sex organs, on the basis that the “acquisition of a new gender identity” is in any event related to a serious and definitive individual path.
The above decision has not led to a reform of Italian law, but it is consistent with the European Court of Human Rights (ECHR) case law (e.g. ECHR decision 10/03/2015, Affaire Y.Y. c. Turquie).
The Ministry of Education verifies reports of discrimination in schools, but they do not monitor the incidence of homophobic, biphobic, transphobic and interphobic bullying. Research has only been conducted by LGBT associations (Arcigay in primis) with the support and financing of Italian Ministries. The first research, Schoolmates, was conducted in 2008 and aimed to analyse bullying in Italian schools. Similar research has been conducted in 2010 and 2015 by Arcigay.
Supported by the government, Arcigay provides information for LGBTQI young people through equality resources, training courses and other co-operation activities. The organisation works on issues concerning young people in order to take into account the diversity of youth and the implementation of equality.
There is no specific information for LGBTQI learners or guidance for the education sector on how to address bullying and harassment against LGBTQI students provided by the government. The project Schoolmates, however, offers information for students. It was created by Arcigay, the Anti-discrimination office of the City of Vienna, the Polish Association KPH and the Spanish Organisation Colegas. The project consists of manuals directed to school staff and students with tools to help them to prevent or manage behaviours of psychological, verbal or physical violence against any person who is the target of bullying, with particular attention to homophobic bullying.
The activities of several civil society organisations a (Arcigay, Famiglie Arcobaleno, Arcilesbica, Agedo, Rete degli Studenti Medi, Progetto Alice, Scosse, Uaar, Unar) are supported by the government. Italian Ministries provide free or financed sponsorship and partnerships for the creation of campaigns or workshops in schools. In some cities and regions, associations are supported to create curricular or extracurricular activities for students and teachers.
– Italy has signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– Italy is a member of the European Governmental LGBTI Focal Points Network.