Giurisprudenza costituzionale di genere. Paradigmi di genere e principio di eguaglianza nelle pronunce della Corte costituzionale

CECCHINI, STEFANIA

2019-02-15

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Abstract

The main subject of my doctoral thesis is the woman’s position and the gender relations in the Italian set of rules. Moving from Italian constitutional jurisprudence, the study analyses the interaction between law and gender and especially the application of the principle of equality. The thesis is organized in two part. The first part is more theoretical than the second. In fact, the First analyses the feminist legal studies’ influence over the traditional legal theory. The second part analyses the Italian constitutional jurisprudence regarding gender relations. In this part, the paper focuses on woman’s position in civil law, specifically in family law, in bioethics issues and in public law. Precisely, the thesis proves the existence of three gender paradigm in the jurisprudence: patriarchal paradigm, heterosexual paradigm and cure paradigm.