SAME-SEX COUPLES WHO HAVE CELEBRATED A CIVIL UNION ABROAD CAN ALSO GET PERMISSION TO STAY IN ITALY

Press Release Associazione Radicale Certi Diritti

Milan, 28 September 2012

For the first time, the local police in Milan have granted permission to stay in Italy to a woman who entered a PACS in France with an Italian citizen. The woman was given permission to reside in Italy as the family member of an EU citizen.

At the present time, the laws governing free movement in Europe remain the only means for same-sex couples to gain recognition of the right not to be discriminated against (at least in terms of residency) in Italy.

Prior to the present case, all of the applications submitted for permission to reside in Italy have been by same-sex couples who have married abroad. European legislation, however, is clear and includes recognition of any type of valid union duly attested by the state. In the instant case, a woman from the Seychelles entered into a valid PACs with an Italian citizen in France. Therefore, under the EU free movement provisions, the couple is legally entitled to live as a couple in Italy.

This case offers a clear example of the ways in which European law is increasingly becoming part of the Italian legal system with respect to the protection of the fundamental rights of the citizen.

The couple, who received help from Progetto IO (Immigration and Homosexuality), with the support of Associazione Radicale Certi Diritti, have become part of the historical path being undertaken by LGBTI persons to bring about marriage equality in Italy, which is the only way to permanently remove all of the various forms of discrimination encountered by same-sex couples. It is amazing that in 2012, the desire of these couples to be recognized and live freely and happily as a family still unleashes the wrath of reactionary and bigoted politicians.