The question of the unfinished emancipation of women is part of, without losing its characteristics, the node is still open on the history of Italian national identity within a more general framework of an "incomplete democracy." Women in the Second World War were in fact the center of complicated issues such as the legacy of fascism, the backwardness of a society that blocked any level of innovation and the reconstruction of a memory suitable for national reconciliation. Elda Guerra talks about this "asymmetrical citizenship," referring to the traditional roles that were imposed during the post-conflict reconstruction to women who had participated in numerous Resistance and "crossed the threshold of the polis."
Despite the recognition of women's fundamental rights in the Constitution (equality before the law and the formal labor market, the right to vote and stand) will be kept to the criminal law and civil law family of emptying of the fascist era essentially these same constitutional principles.
Rocco's penal code of 1930, despite some changes after the fall of fascism, is still in force and its development and its fundamental institutions. In 1988 she was appointed by the minister of justice yet another commission to reform the penal code but the draft of the 1992 reform did not Parliament had no outlet.
Up to 1996 (Law No. 66 "Provisions against sexual violence") remained in force on the section of the Rocco Code, which states that rape breached public morality and not the person. Article 544 of the Penal Code was approved the shotgun wedding.
regard to the issue of family law, unlike the statute that Albert did not contain provisions on the family, the Republican Constitution provides for several provisions regarding the family and dedicates it to specific rules (Articles 29, 30, 31). These rules outline a picture of the family founded on the principles of freedom and autonomy in respect of the personality of individual members. The Republic recognizes the rights the family as a natural society founded on marriage, based on the moral and legal equality of spouses. But the reform of family law of the Civil Code of 1942 will take place only in 1975 (Act May 19, 1975, No. 151, "Reform of family law"): until then, women could be treated like children in a dependent and inferior to her husband. Family law, codified in 1942, he conceived of a family based on the subordination of the wife to her husband, both in personal relationships than in the capital and in a couple's relationship and, as regards the children, of discrimination against those born out of wedlock. The reform abolished the main discrimination '75 relations between husband and wife successors, and personal property (such as both parents were laid to parental authority, the community of property was abolished and the institution of dowry).
access for women to positions of the Judiciary was not explicitly accepted by the Constituent Assembly, which rejected the amendment to add the article on judicial appointments: "Women have access to all kinds and grades of the judiciary", emptying content of Article 51 of the Constitution: "All citizens of either sex are eligible for public offices and elected positions on equal terms."
Aldo Moro in 1956 launched the law that closed his courtroom doors to women, who will have access only to juries with a maximum of three out of six (which normally remain in force until 1978) and juvenile courts. Only in 1963 the Law Implementing Article 66. 51 of the Constitution, admitting women to all public office regardless of career and limitations of a degree.
By two judgments of 19 December 1968 the Constitutional Court will remove the article on the different treatment of male and female adultery and the analogue of the Criminal Code. This process of winning women's fundamental rights to implement the equal conditions set forth in the Constitution, which began after World War II by winning the vote and extends to the whole Italian history until today, outlines the contradiction of a newly democratic republic in which women, until the '70s, they could vote and be voted on at the same time were held in a inferior status within the family.
That "wind" of the North, that "everything is possible" dream of when you fight the Resistance, was blocked by power relations of a cold war that was taking shape: the game is played within the limits set by the country's international position and the relative strength of parties.
The causes of this discrepancy is found not only in the strength of the pressures on the Catholic society and politics but also in the line of compromise between the two dominant parties of the time (DC and PCI) on the issue of civil rights.
Women in World War II suffered a "double injustice": their exclusion from public view not only was it only in the actual dynamics, political-institutional, but also in terms of collective imagination.
In the postwar period the question of the reconstruction of memory, and how and who ferried ferried took what was of decisive importance. For the period in question, the actor who was mainly male, what a reproduction of traditional female roles, and as assumed the character of a devaluation of women's experiences of a public relegated to subordinate roles, private and invisible, "a cancellation of women as separate entities to bring them back to the image rather reassuring, smooth and flat on the gender of the mother. Emblematic of the contradictions that crossed the society of the time the female protagonist appears in The Honourable Angelina of Luigi Zampa (1947), based on a true story, set in the Roman town of Pietralata. Angelina (Anna Magnani) is the star of the screen and his character seems to represent the end of the year for women's subordination and silence throughout the course of their film 'baccagliar' for achievements such as daily bread, a bus stop , decent housing. The theme of rebellion and the clash between two different mindsets, one male and one female, reigns supreme in the film, in which the husband is often marginalized and ridiculed. But the final conciliatory (a return to "normal" life, surrender to the policy of Angelina and the subjugation of woman to her husband) confirms the conservative vision of the role women should play in society.
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