Useful references, cases and legislation

The field of life “free time and public places” is very broad and, consequently, so are the possible discriminatory situations that affect it: from the exclusion from a sports club for racial reasons to discriminatory controls to access to facilities, passing through the insults in a square, the writings on the walls and verbal aggression.

Sport



  • Criminal proceedings section. III sentence. n. 9793 of 08/03/2007: the crime referred to in art. 2, paragraph 2, of the law of 25 June 1993 n. 205, exist where those accessing places where competitive events take place carry emblems or symbols of racist, nationalist and similar groups or associations, even if not enrolled in such groups or associations.

  • Curt of Lodi, ord. N.R.G. 898/2010 del 13/05/2010: discriminating the rules of the Football Association that require non-EU citizens to hold a valid residence permit at least until the end of the current sports season for membership purposes for amateur clubs.

  • Court of Varese, ord. of 02/12/2010: the non-EU player already resident in Italy can be registered to participate in the Serie B championship, by way of derogation from the FIGC regulations, as protected by the principle of equal treatment and non-discrimination.

  • Court of Pescara, ord. n. 656/2011 del 14/06/2011: discriminating against the refusal of membership to a football club of the unaccompanied foreign minor entrusted in Italy.

Racist crimes


  • Court of Cassation sec. I of 30/09/1993: on the topic of racism

  • Court of Cassation sec. III sent. n. 434 of 15/01/1999: on racial aggravating circumstance.

  • Cour of Appeals of Venice sent. of 02/06/2000: aggravating recognition of the crime of injury

  • Court of Verona sent. n. 2203 of 02/12/2004:conviction for incitement to racial hatred.

  • Penal Court sec. V sent. n. 1326 of 16/03/2005: on the crime of injury.

  • Penal Court sec. V sent. n. 938 of 20/01/2006: crime of insult and the purpose of discrimination or racial hatred towards an exponent of a racial minority.

  • Penal Court sec. sent.III  of 09/03/2006: crime of obscene acts – continuation – aggravating circumstance of discrimination and ethnic or racial hatred – attempt to subtract veil to women of Islamic faith.

  • Penal Court sec. V n. 8475 of 10/03/2006: crime of abuse – aggravating the aims of discrimination or ethnic, national, racial or religious hatred – Art. 3 Law n. 205/93 – irrelevance in the case of insults marked by the conditions set forth in art. 599 p.p. (retaliation and provocation)

  • Court of Cassation sec. V penal, n. 11590 of 25/03/2010: contrary to “dirty negro”, the “Italian shit” insult does not have a racist connotation because in the Italian context it can not be associated with a prejudice of racial inferiority.

  • Court of Cassation sec. II penal, n. 2798 of 21/07/2010the use of the expression “dirty negro” in the course of a robbery confirms the aggravating circumstance of the purpose of discrimination and racial hatred.

  • Court of Cassation, sec. V penal, n. 29338 of 26/07/2010: does not constitute an insult to give the “racist” to police officers who illegitimately limit the personal freedom of two foreign citizens.

  • Court of Milan, sec. I civil, order of 02/05/2011: the public administrator who publicly invites citizens to not rent to foreigners commits an act of discrimination.




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