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Team_Report_8__1_.docx8
Alan Adamson
Kristine Toledo
Professor De Alonso
ECS3021
November 4, 2018
Team Report 8: Marriage, Divorce, Family Planning,
Domestic Violence
Marriage, divorce, family planning and domestic violence are important topics for any country. Marriage is something that many people look forward to in their lives once they meet a special person however it may not always end well and that is when divorce comes into play. Luxembourg and Spain have the highest divorce rates, at 87% and 65% respectively while India and Chile have the lowest divorce rates at just 1% and 3%. Cohabitation has become more popular since there is no risk of getting a divorce. Abortion is a sensitive topic. More countries have become open and accepting of it but there will always be people who are against it. Contraception has become more readily available than ever and has led to a decrease in the birth rate in many countries.
The legal age for marriage in Italy is 18 years of age. Anyone under the age of 18 wishing to marry must have the legal consent of their parents or legal guardians. A woman who is divorced must wait nine (9) months before she can remarry as the possibility exists that she could be pregnant from her former husband. In the alternative, she may obtain court authority to remarry earlier than nine (9) months. According to the 2018 World Atlas, the current average age of marriage for men is 34.2 years and 31.3 years for women.
Cohabitation among couples in Italy is not uncommon. In fact, on May 11, 2016, the Italian government established a law recognizing cohabitation. They define cohabitation as “living as a couple in a stable relationship”. These relationships are known as De Facto Relationships. In order for this law to apply each member of the couple must be over the age of 18, they must be in a stable and loving relationship, and there must be intent to provide mutual and moral support to one another. The couple is required to live together and to register as a famiglia anagrafica in the city registry. Having the de facto relationship status entitles the couple to rights and benefits similar to those of married couples. The law also allows for the adoption of formal cohabitation agreements.
Italy is currently experiencing its lowest ever birth rate. In 2017 there were only 464,000 births in Italy or 8 births out of 1,000 people. In 2016 the birth rate for single women was 34.6%, up from 18.9% in 1996. It is believed that by the year 2020, the birth rate for single mothers will be at 50%. The low birth rate in Italy is creating a population primarily of older and elderly citizens. There is fear that if it does not turn around and increase soon that Italy will be faced with an inadequate workforce in years to come.
According to the OCED, as of 2016, the divorce rate in Italy stood at 1.6 out of every thousand couples. This is lower than the divorce rate in many other large European countries but is a dramatic increase, almost doubling over the last decade when it averaged .7 out of every 1,000 couples. Up until 1970 divorce was illegal in Italy. It is now allowed for those who married in Italy, when one person is Italian, or if one person is a resident of Italy. DIvorce in Italy is a complicated process unless both parties consent to the divorce. Because of this, many couples seek to obtain their divorce abroad when possible. It is much more cost effective to divorce by consent as the cost involved is little to nothing. A consented divorce can cost thousands of euros. Prior to 2016 a divorce by consent required the couple to wait three (3) years and those not divorcing by consent to wait five (5) years after fault was proven. In 2016 the waiting times were reduced to six (6) months for those consenting and 12 months for those who were not consenting. In order to divorce a couple must appear before a judge where they will be offered a chance at reconciliation or formal separation. Many financial matters and decisions are made at this time as well. In cases involving children the mother is typically awarded custody of the children with the father being allowed to see and spend time with them. Upon reaching the age of ten (10) and within certain guidelines, children are able to choose the parent these wish to live with.
Senator Simone Pillon has recently proposed a new divorce law for Italy. According to Anna Momigliano’s article in the Washington Post, “Italy’s proposed new divorce law would ‘turn back the clock 50 years on women’s rights.’” This legislation would do away with child support and remove custody from parents who speak badly and negatively about the other parent or otherwise seek to harm a parental relationship with the child or children. This legislation is currently finding support from Italy’s governing coalition and will quite likely become law in the next six (6) to 17 months. Under this proposed legislation, children would spend an equal amount of time with each parent and each parent would be responsible for paying for the needs of the child or children during the time they are in their care. In circumstances where one parent does not have the ability to pay the wealthier of the two parents would pay for the needs of the children directly instead of providing the money to the other parent. Supporters of the legislation believe this would do away with the necessity for child support. Those opposed to the legislation worry that doing away with child support would “turn the clock back 50 years” and would be a detriment to women and women’s rights. They also fear that the passage of this legislation might force women to remain in abusive marriages instead of seeking divorce.
Italy legalized abortion on May 22, 1978, more than 40 years ago. Italy’s law allows women to seek an abortion within the first 90 days or three (3) months of conception, when the mother’s life is at risk, or in cases where the fetus has abnormalities. The law however has one caveat. It allows for doctors, anesthesiologists, and other medical personnel who object to abortion to refuse to perform them. Doctors, anesthesiologists, and other medical personnel who do perform abortions are often looked upon and treated as criminals which ultimately has a negative effect on their careers. The statistics for 2016 show that 70.9% of gynecologists and 50% of anesthesiologists in Italy refuse to perform abortions. Their refusal leaves many women with no choice but to go in search of illegal and likely unsafe abortions.
Contraception for the purposes of family planning is accessible and readily available in Italy. More than 90% of women in Italy use some form of contraception. 46% of women use condoms which are very easy to get throughout the country. 29% of women use “the pill” which has been available in Italy since 1964. “The pill” is available over-the-counter in Italy although some pharmacies do require a prescription. 5% of women use the IUD. Emergency contraception is available in Italy but typically requires a prescription from a physician. The Italian government does not offer much in the way of family planning programs or services. In 2017, they did, however, commit 1.4 million euros to UNFPA, a portion of which was to be allotted to family planning services. Because it is primarily a Catholic country Italy does not provide sex education in their schools.
Italy has extensive legislation meant to protect women from violence. These laws cover domestic violence, sexual violence, violence against minors, female genital mutilation, stalking and trafficking. In 2001 the law on domestic violence, Law 154/2001 was put into place and covers any family member who is the victim of physical or psychological violence. A 2009 law against stalking, Law 38/2009, made stalking a crime in Italy. Rape, sexual assault, and sexual harassment are also criminal offenses in Italy. There are numerous other laws and protections for women in place in Italy but it they are often not practiced or adhered to. According to the European Institute for Gender Equality (EIGE) one in three Italian women have been the victim of violence since the age of 15. 31% of women between the ages of 16 and 17 have been the victim of some form of physical or sexual abuse.
According the UN Global database, 19% of women have experienced physical and/or sexual intimate partner violence in Italy. Italy’s rape statistic is 7.6%, ranking it 40th in the world. This rate is low in comparison to that of this the United States which is 27.3%. Prostitution is legal in Italy, with about 60,000 people being in the business. Human trafficking has become a problem in Italy, with not only migrants being forced to participate but also Italian citizens getting caught in this trap. About 60,000 to 80,000 foreign-born girls aged 15 and over who reside in Italy have gone through female genital mutilation.
Marriage is important in Italy, with the average age of marriage in men being 34.2 years and 31.2 years in women. However cohabitation or de facto relationships are also commonplace, with Italy establishing a law recognizing it in 2016. Italy has a low birth rate, with only 464,000 births occurring in 2017. This may be due to contraception and abortion being available for women. Divorce rates are lower in Italy compared to other European countries but it is a complicated process since one person has to be Italian, an Italian resident, or have been married in Italy. There are laws in place for domestic violence but one in three Italian women have been victim to domestic violence since the age of 15. These laws need to be more heavily enforced so that women do not have to suffer at the hands of their partner.
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