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.
- 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.