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LaLeggeConsolo
Per le Donne, per la Giustizia
12 giugno 2008
IL TESTO INGLESE DELLA LEGGE CONSOLO
 
The Law on FGM/C in Italy

On December 23, 2005 the Italian parliament has approved the new Law on the prevention and punishement of FGM/C. The new law foresees preventive measure on the Italian territory, including information campaigns directed towards the migrant community, training of socio-medical staff, as well as promotes preventive actions in African countries. A budget of 5 milion Euros a year is foreseen from 2005 to 2007 for preventive measures in Italy. Moreover the new law introduce the crime of FGM/C and foresees penalties ranking up to 12 years in prison, with special measures for medical personnel performing FGM/C.

XIV 414-D
Provisions concerning the prevention and prohibition of practices of female genital mutilation


Art. 1.
(Purpose)
1. In implementation of articles 2, 3 and 32 of the Italian Constitution and the principles approved by the Beijing Declaration and Platform for Action adopted on September 15, 1995 by the Fourth World Conference on Women, this law sets forth the measures necessary to prevent, fight and repress the practices of female genital mutilation as violations of the basic rights of the integrity of the person and the health of women and children.


Art. 2.
(Promotion and Coordination Activities)
1. The Presidency of the Council of Ministers?Department for Equal Opportunity, shall promote and support, as part of its ordinary budget allocations, coordination of the activities carried out by the competent Ministries aimed at the prevention of female genital mutilation, assistance to its victims and elimination of the practices of the same.
2. For the purposes of implementation of the activities set forth in paragraph 1, the Presidency of the Council of Ministers?Department for Equal Opportunities shall collect data and information, at the national and international level, on activity carried out for the prevention and repression of female genital mutilation and on strategies to fight the same, planned or implemented by other countries.


Art. 3.
(Information campaigns)
1. With the aim of preventing and fighting the practices under article 583-bis of the Italian Penal Code, the Minister for Equal Opportunities, in agreement with the Ministers of Health, of Education, the University and Research, of Labor and Social Policies, of Foreign Affairs, and of the Interior, together with the Permanent Conference for Relations between the State, the Regions and the Autonomous Provinces of Trento and Bolzano, shall:

a) set up information campaigns for immigrants from countries where the practices under article 583-bis of the Italian Penal Code are carried out, at the moment when visas are granted at Italian consulates and upon their arrival at the Italian border, aimed at spreading knowledge of the basic rights of the person, women and children in particular, and of the prohibition existing Italy against the practices of female genital mutilation;

b) promote awareness campaigns, with the participation of volunteer organizations, non-profit organizations, health structures, in particular centers of excellence recognized as such by the World Health Organization, and with the communities of immigrants from countries where female genital mutilation is practices to develop social-cultural integration in respect for the basic rights of the person, in particular of women and children.

c) organize information courses for pregnant infibulated women, aimed at proper preparation for labor and birth;

d) promote special training programs for teachers in schools of compulsory education, also taking advantage of figures of recognized experience in the field of cultural mediation, to help them prevention female genital mutilation, with the involvement of the parents of the immigrant boys and girls, and to spread in class knowledge of the rights of women and children;

e) Promote, at health and social services structures, monitoring of previous, locally known and ascertained cases.
2. An expenditure of 2 million euro a year is authorized for implementation of this article, starting with the year 2005.


Art. 4.
(Training of health care personnel)
1. The Minister of Health, having consulted the Ministers of Education, University and Research and of Equal Opportunities and with the Permanent Conference for Relations between the State, the Regions and the Autonomous Provinces of Trento and Bolzano, shall issue, within three months of the date that this law shall go into effect, guidelines for professional health care figures as well as other professional figures operating with communities of immigrants from countries where the practices under article 583-bis of the Italian Penal Code are carried out to implement activities of prevention, assistance and rehabilitation of the women and girls already subjected to these practices.
2. An expenditure of 2.5 million euro a year is authorized for implementation of this article, starting with the year 2005.


Art. 5.
(Creation of a toll-free number)
1. Within three months after this law shall become effective, the Ministry of the Interior shall set up a toll-free number to receive information from anyone who becomes aware of the exercise in the territory of Italy, of the practices under article 583-bis of the Italian Penal Code, as well as to provide information on volunteers organizations and health care structures operating among communities of immigrants from countries where these practices are carried out.
2. An expenditure of 0.5 million euro a year is authorized for implementation of this article, starting with the year 2005.


Art. 6.
(Practice of mutilation of female genital organs)
1. The following shall be included after article 583 of the Italian Penal Code:
?Art. 583-bis. - (Practice of mutilation of female genital organs). ? Anyone who, in the absence of therapeutic needs, shall cause a mutilation of the female genital organs shall be punished by from four to twelve years of imprisonment. For the purposes of this article, practices of female genital mutilation shall be understood as clitoridectomy, excision and infibulation and any other practice that causes effects of the same kind.
Anyone who, in the absence of therapeutic needs, shall provoke, with the purpose of disabling sexual functions, lesions to the female genital organs different from those set forth in the first paragraph, from which an illness of body or mind derives, shall be punished by from three to years of imprisonment. The penalty shall be reduced up to two thirds if the lesions are minor.
The penalty shall be raised by a third when the practices provided for in paragraphs one and two are committed against a minor or if the act is committed with a view to profit.
The provisions of this article shall also be applied when the action is committed abroad by an Italian citizen, or by a foreigner residing in Italy. In said case, the guilty part shall be punished upon the request of the Minister of Justice.
Art. 583-ter. ? (Accessory penalty). ? Conviction of a person exercising a health care profession for one of the crimes provided for in article 583-bis shall imply the accessory penalty of proscription from the practice of the profession of from three to ten years. Communication of the conviction shall be given to the Professional Registry of Physicians and Dentists.?
2. In article 604 of the Italian Penal Code, article one, the words ?by a foreign citizen? shall be substituted by the following words: ?by a foreigner? and, in the second article, the words ?foreign citizen? shall be substituted by the following words ?foreigner?.


Art. 7.
(Programs of international cooperation)
1. As part of the development cooperation programs carried out by the Ministry of Foreign Affairs, and in particular, as part of the programs aimed at promoting the rights of women, in countries where, even with legislation against it, the practices of female genital mutilations still exist, and at any rate without any new or greater burdens for the state, in agreement with the Governments concerned, training and information programs shall be set up for the local populations with the aim of discouraging these practices as well as the creation of violence prevention centers that to house young women who intend to escape these practices or women who intend to subtract their minor daughters or relatives from the aforementioned practices.


Art. 8.
(Changes to the Legislative Decree June 8, 2001, n. 231)
1. After article 25-quater Legislative Decree June 8, 2001, n. 231, the following is hereby added:
?Art. 25-quater. 1. ? (Practice of mutilation of female genital organs). ? 1. In relation to the commission of the crimes under article 583-bis of the general code, a pecuniary sanction of between 300 and 700 quotas shall be applied to the agency in whose structure the crime was committed as well as the proscription provided for by article 9, paragraph 2, for a period of no less than one year. In the case that the agency is a private accredited body, accreditation is also revoked.
2. If the agency or one of its units is permanently used for the sole or prevalent purpose of allowing or facilitating the commission of the crimes provided for in paragraph 1, a definitive ban from exercising said activity shall be applied, in accordance with article 16, paragraph 3.?


Art. 9.
(Financial coverage)
1. All burdens deriving from article 3, paragraph 4, from article 4, paragraph 2 and from article 5, paragraph 2, amounting to 5 million euro a year starting with the year 2005, shall be covered by the corresponding reduction of the allocations provided for in the 2005-2007 three-year budget, as part of the basic unit of the current ?Special Funds? in the estimated budget of the Ministry of the Economy and Finance for the year 2005, and partially used for that purpose, for 5,000,000 euro for 2005, 769,000 euro for 2006 and 1,769,000 euro starting from the year 2007, the funds of the Ministry of Health amounting to 4,231,000 for the year 2006, the funds from the Ministry of Foreign Affairs amounting to 3,231,000 starting from the year 2007, and funds from the Ministry of Education, the University and Research.
2. The Ministry of the Economy and Finance is authorized to make, with its own decrees, the required variations to the budget.
__________________________________________________________



The situation in Italy before the new law was approved is presented below.

The right to health and physical wellbeing is part of the Italian Constitution. Female genital mutilation is a violation of this right and is considered a serious or very serious personal lesion, according to the type of female genital mutilation practices. As provided for in articles 582 and 583 of the Penal Code, it is punished with imprisonment of from three months to seven years.

The Constitution of the Republic
Approved by the Constituent Assembly on December 27, 1947
Art. 32
The Republic shall protect health as a fundamental right of the individual and for the good of all and shall guarantee free care to the poor. No one can be obliged to a certain health treatment by law. The law may not in any case violated the limits of respect for human dignity.

The Penal Code
Art. 582: Personal Lesions
Anyone who causes another personal lesions, leading to illness of body or mind, shall be punished with imprisonment of from three months to three years.
In the event that the illness lasts no longer than 20 days and there are no other aggravating circumstances as provided for in article 583 [?] the offence shall be punished upon action by the injured party.

Art. 583 - Aggravating circumstances
Serious and very serious personal lesions
The personal lesion is serious and punishment is imprisonment of from 3 to 7 years if:
1) the offence produces an illness that endangers the life of the injured party, i.e. an illness or incapacity to undertake normal occupations for a period of time exceed 40 days;
2) the offence produces the permanent weakening of a sense or an organ;
3) the injured party is a pregnant woman or if the offence leads to an acceleration of the birth;

The personal lesion is very serious and punishment is imprisonment of from 6 to 12 years if the offence leads to:
1) an illness which is certainly or probably incurable;
2) the loss of a sense;
3) the loss of a limb or a mutilation which makes the limb useful, or the loss of the use of an organ or the capacity to procreate, or a permanent and serious difficulty of speech;
4) the deformation or permanent scarring of the face;
5) an abortion of the injured party.



permalink | inviato da federicamancinelli il 12/6/2008 alle 8:7 | Leggi i commenti e commenta questo postcommenti (1) | Versione per la stampa
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Una società nasce dall’unione di individui che stabiliscono leggi e norme per governare se stessi in relazione agli altri ed ottenere da questi rapporti vantaggi e benefici che non otterrebbero individualmente.
Le Leggi, per loro natura intrinseca, devono seguire il corso dell’evoluzione umana per salvaguardare il diritto di ogni individuo di esercitare i propri diritti all’interno del proprio gruppo sociale.
La legge 7/2006 rappresenta nel panorama normativo italiano ed internazionale un mezzo di difesa e prevenzione.
L’ordinamento giuridico italiano si è dotato di uno strumento non solo repressivo, ma necessario e utile per creare una nuova cutura di diritti, un nuovo modo di entrare nella comunità.
Affinché nel nostro Paese nessuno debba mai più pagare un prezzo per la propria esistenza.


Federica Mancinelli

(Tutti i testi - salvo altra indicazione - sono tratti da "LA LEGGE CONSOLO PER LA PREVENZIONE E IL DIVIETO DELLE PRATICHE DI MUTILAZIONE GENITALE FEMMINILE", Federica Mancinelli, Giugno 2006)




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