As the word itself suggests, Italian citizenship by descent is based on a family tie that binds all members of the lineage; it is based on the principle of iure sanguinis (blood right) so any child born from Italian parents can in turn be recognized as an Italian citizen.
However, historically and culturally, this was not possible if the Italian parent was a woman; in fact, children of an Italian woman born before 1948 could not be recognized as Italians. It was with the entry into force of the Italian Constitution in 1948 that the principles of gender equity became concrete and from that date onwards women were also able to pass on citizenship to their children.
No time machine was considered at that time; the Constitution is not retroactive, so for those born to an Italian mother before 1948, there is an alternative route. With the Supreme Court ruling that it is unconstitutional to discriminate between men and women, any applicant interested in the recognition of Italian citizenship can only file a lawsuit before the Civil Court in Italy against the Ministry of Interior.
The Supreme Court’s pronunciation does not have the force of a law so in order for Italian Consulates to accept this type of applications a new law is required.
It is possible to file the judicial action from anywhere and it is not necessary to be physically present in Court; our lawyers will represent you in front of the judge and will take care of all the bureaucratic matters.
This article was written by Giuditta De Ricco and Greis Muca
With our Multilingual Service Desks with native English, Italian, Japanese, Chinese, Spanish and Arabic speaking associates serving as a contact point, we offer a dense network of lawyers specialized in Italian Immigration and Citizenship law.
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