Equal and not. A Feminist Perspective on Italian Family Law

In countries of the so-called global north, family law is currently based on the principle of gender equality. However, despite this foundation, both formal and substantive discrimination persists. In this context, it is imperative to apply a feminist perspective to identify where the law and the courts uphold or challenge traditional gender roles and power dynamics. Beginning with a chronological analysis of the introduction of formal gender equality in Italian family law, the article examines two areas of significant social importance where women often encounter de facto discrimination: post-marital property decisions and domestic violence. It concludes by considering the role of Italian family law scholarship in promoting both formal and substantive equality