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Italy

https://www.idea.int/democracytracker/

May 2025

Court rulings expand LGBTQIA+ parenthood rights

On 22 May, Italy’s Constitutional Court ruled that same-sex female couples who had IVF abroad can both be legally recognized as parents, partially overturning a 2004 law, which limits access to medically assisted reproduction only to heterosexual couples facing infertility. The Court said denying recognition to the non-biological mother violates constitutional principles of equality, personal identity, and the child’s right to both parents. However, the ruling, stemming from a case by a lesbian couple in Lucca, did not change Italy’s IVF restrictions, which remain limited to heterosexual couples. A separate ruling on the same day allowed gay parents to legally adopt children born via surrogacy abroad, if the child was born before a 2024 law that criminalized surrogacy. The Court ruled that the law does not apply retroactively to children born before its enactment.

Sources: EuractivPagina 12Corriere della Sera, International IDEA

March 2025

Parliamentary committee investigates spyware use targeting journalists and activists 
Watch flag

The parliamentary intelligence oversight committee (Copasir) is investigating allegations that activists and investigative journalists were targeted with spyware developed by the Israel-based company Paragon, and the extent of government involvement. The inquiry aims to assess whether the surveillance complied with Italian law and whether intelligence services acted within their legal mandate. Copasir will present its findings to Parliament. Although hearings are classified, Italian media reported in March that the official overseeing intelligence agencies admitted the government had approved surveillance of certain activists as part of a “preventive investigation into illegal immigration.” The official reportedly said Mediterranea Saving Humans, which rescues migrants in the Mediterranean, was classified as a national security threat. On 5 February, the government confirmed that seven unnamed WhatsApp users were targeted but denied involvement.  

Update: A 9 June Copasir report concluded spyware was ‘lawfully’ used against Mediterranean activists, not for their human rights work but for their suspected irregular immigration activities. According to the report, Italian intelligence contracted Paragon in 2023 and 2024 but ended ties after the April 2025 media backlash. The report highlights that only a few individuals were targeted, all with a prosecutor’s approval. 

Sources: International Federation of Journalists, Council of Europe, The Guardian, Euractiv, la Repubblica (1), la Repubblica (2), il Fatto Quotidiano, Euractiv, Italian SenateEuractivAnsa, Amnesty International

December 2024

Parliament passes decree changing responsible courts for migrant detention

On 4 December, the Senate approved the Decree on Migration Flows, transferring the authority to validate asylum seekers' detention from specialized courts to the Courts of Appeal. The legislation was proposed by the ruling Brothers of Italy party followings tensions between the government and the judiciary.  These tensions developed after the migration judges ruled the return of migrants from camps in Albania to Italy, blocking Prime Minister Giorgia Meloni’s deal with Albania. The opposition has referred to this amendment as a retaliation against these judges. Magistrates said the change may overburden courts and affect decision quality. The new provisions introduce stricter rules on family reunification and a new list of countries considered "safe", which includes countries such as Bangladesh, Egypt and Morocco. Designating these countries as "safe" could lead to faster asylum rejections and more deportations for asylum-seekers from these countries.  

Sources: NT+ Diritto, Italian Government – Integrazione Migranti, Senato, il Fatto Quotidiano, il Dubbio, InfoMigrants, Notizie (1), Notizie (2), International IDEA 

October 2024

Senate passes bill criminalising pursuing surrogacy abroad

On 16 October, the Senate passed a law extending Italy’s 2004 surrogacy ban to criminalize seeking surrogacy abroad, even in countries where it is legal. Proposed by the Brothers of Italy party, the law sets penalties of up to two years in jail and EUR 1 million in fines. While Prime Minister Meloni called the law a “rule of common sense, against the exploitation of the female body and children,” critics argue it makes surrogacy a serious universal crime, and it disproportionately targets LGBTQIA+ couples, who are already excluded from adoption, artificial insemination, and IVF. Concerns were also raised about the potential legal limbo that families and children could suffer, as well as how evidence will be collected to enforce the law and if it will apply retroactively. Italy has recently seen a surge in restrictive policies against the LGBTQIA+ community, particularly reproductive rights. 

Sources: Politico, Giurisprudenza penale, International IDEA, Global Citizenship Observatory, Verfassungsblog, The Loop 

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Global ranking per category of democratic performance in 2024

Chevron
Representation
8/173
Rights
20/173
Rule of Law
37/173
Participation
20/173

Basic Information

Chevron
Population Tooltip
58 993 475
System of government
Parliamentary system
Head of government
Prime Minister Giorgia Meloni (since 2022)
Head of government party
Brothers of Italy
Electoral system for lower or single chamber
Parallel
Women in lower or single chamber
32.8%
Women in upper chamber
36.3%
Last legislative election
2022
Effective number of political parties Tooltip
3.49
Head of state
President Sergio Mattarella
Selection process for head of state
Indirect election (assembly + regional/local representatives)
Latest Universal Periodic Review (UPR) date
20/01/2025
Latest Universal Periodic Review (UPR) percentage of recommendations supported
Outcome decision pending
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Human Rights Treaties

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State Party State party
Signatory Signatory
No Action No action
United Nations Human Right Treaties
International Covenant on Civil and Political Rights
State Party
International Covenant on Economic, Social and Cultural Rights
State Party
International Convention on the Elimination of All Forms of Racial Discrimination
State Party
Convention on the Elimination of Discrimination Against Women
State Party
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
State Party
Convention on the Rights of the Child
State Party
International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families
No Action
International Convention for the Protection of All Persons from Enforced Disappearance 
State Party
International Convention on the Rights of Persons with Disabilities
State Party
International Labour Organisation Treaties
Forced Labour Convention
State Party
Freedom of Association and Protection of the Right to Organise Convention
State Party
Right to Organise and Collective Bargaining Convention
State Party
Equal Remuneration Convention
State Party
Abolition of Forced Labour Convention
State Party
Discrimination (Employment and Occupation) Convention
State Party
Convention concerning Minimum Age for Admission to Employment
State Party
Worst Forms of Child Labour Convention
State Party
Regional Treaties
Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms
Signatory
Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
in
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Performance by category over the last 6 months

Representation neutral Representation
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Representation neutral Rights
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Representation neutral Rule of law
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Representation neutral Participation
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Global State of Democracy Indices

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Explore the indices
Representation
Representation
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
Rights
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rule of Law
Rule of Law
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
Participation
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4

Factors of Democratic Performance Over Time

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