Italy's Draft Law to Criminalize Femicide: A Meaningful Reform or a Symbolic Act?

Recently, the murders of two young women within 24 hours brought femicide to the forefront as a systemic problem deeply entrenched into Italy’s patriarchal culture. It has been receiving increasing media attention, driven by a growing public outcry demanding change.

In fact, studies by the European Institute for Gender Equality (EIGE) and the Italian National Institute of Statistics (Istat) show that, while voluntary homicides have been declining in Italy, the number of femicides has remained stable, with the crimes increasingly being committed by relatives, partners, or ex-partners of the victims. It is important to keep in mind that “femicide” is not any murder committed towards a woman, but the murder of a woman committed because of her gender. (EIGE, n.d.)

In response to Italy’s ongoing and increasingly urgent struggle with violence against women,

Prime Minister Giorgia Meloni announced a series of measures aimed at preventing such violence. Notably, on the eve of International Women’s Day, she proposed a draft law that would introduce a series of actions to combat violence against women.

Amongst other measures (i.e. new aggravating circumstances for the crimes of abuse, sexual violence, stalking, and revenge porn), the draft law proposes introducing “femicide” as a distinct and specific offense in the Italian Criminal Code, specifically through the addition of Article 577-bis c.p.

The draft law was presented to the Parliament for discussion and provides for that: “Whoever causes the death of a woman, when the act is committed as an act of discrimination or hatred towards the victim because she is a woman, or to repress the exercise of her rights or freedoms, or, in any case, the expression of her personality, is punished with life sentence”. (Interior, 2025)

However, the proposal raises serious concerns about its constitutional legitimacy, interpretation, and practical implications, as the article's text reveals significant structural and logical flaws.

Firstly, it causes ideological discontinuity. This is because the crime of homicide (art. 575 c.p.) has been given a consolidated and centuries-old interpretation.

Until now, there has been no doubt that the term “man” used to describe the victim of homicide referred to all human beings, both male and female, as it has traditionally been understood as synonymous with “human being”. (Pestelli, 2025)

On the other hand, the reform adopts a deliberately different lexical choice, aimed at emphasizing the distinction between men and women. The article introduces an autonomouscriminal offence, separating it from the general crime of homicide, targeting those against women. Particularly, for the specific case to fall within the scope of application of the articleand be qualified as “femicide”, the homicide must be “committed as an act of discrimination or hatred towards the victim because she is a woman” or “to repress the exercise of her rights or freedoms”. (Permanent Mission of Italy to the United Nations, 2025)

It is precisely this gender-based differentiation that leads to the murder of a woman (when it meets the legal criteria for femicide) being assigned a greater degree of legal gravity than the killing of a man. In fact, according to the draft-law, femicide should be punished more severely than male homicide, even when mitigating circumstances are present.

For instance, in cases of femicide, the penalty is life imprisonment, which may be reduced to a term ranging from 24 to 30 years when mitigating factors are present. Conversely, the intentional homicide of a man (Art. 575 c.p.) may result in a sentence of 21 to 30 years, which can be increased to life imprisonment when aggravating factors apply.

This leads us to the constitutional issue. The provision clearly contains a constitutional flaw, as it potentially violates the Principle of Equality enshrined in Article 3 of the Italian Constitution, which explicitly prohibits any form of discrimination among individuals, including discrimination based on sex.

Moreover, the article has already raised uncertainty amongst jurists, due to its vagueness. This is largely because it is extremely difficult to determine whether an act was genuinely motivated by hatred or discrimination against a woman as such, without descending into subjective or arbitrary interpretation.

This is another factor which renders its constitutional legitimacy uncertain.

The provision appears to violate the Principle of Legal Certainty, which is crucial in criminal law. In fact, according to rulings by the Constitutional Court, criminal offences must be precisely defined, in order to limit the interpreter’s discretion when applying the legal provision to the specific case.

All these factors suggest the need for a thorough reconsideration by the Parliament, ultimately casting doubt on the likelihood of its approval.

Lastly, the introduction of the crime of femicide seems to be driven primarily by symbolic considerations. The proposed draft law fails to provide a comprehensive, multidisciplinary approach aimed at preventing criminal behavior. In fact, according to data gathered by EIGE and in line with the recent DIRECTIVE (EU) 2024/1385 of 14 May 2024, Member States are required to prioritize “prevention and early intervention”. This includes the introduction of “comprehensive preventive measures such as awareness-raising and education” directed at individuals from an early age.

The Directive acknowledges that violence against women is rooted in “historically unequalpower relations” and that the core problem remains the persistent perception of the “inferiority of women”. (eur-lex.europa.eu, 2024)

While art. 577-bis c.p. might seem to address social demands for change, it focuses solely on punitive measures, by increasing the applicable penalty in femicide cases, without addressing its prevention. Gender-based violence and femicide are complex issues rooted in patriarchal culture. To effectively counter them, it requires structural reforms, particularly educational programs and cultural initiatives focused on fostering a culture of respect and non-violent conflict resolution. Only through such preventive efforts can gender-based violence be truly eradicated.

Bibliography

EIGE. (n.d.). European Institute for Gender Equality. Retrieved from femicide: https://eige.europa.eu/publications-resources/thesaurus/terms/1192?language_content_entity=en

dell'Interno, M. (2025, 03 19). interno.gov.it. Retrieved from Il femminicidio diventa reato: approvato lo schema di Ddl: https://www.interno.gov.it/it/notizie/femminicidio-diventa-reato-approvato-schema-ddl#:~:text=Il%20provvedimento%20prevede%20l'introduzione,l'espressione%20della%20sua%20personalità.

Pestelli, G. (2025, 04 04). Altalex. Retrieved from Il nuovo d.d.l. su femminicidio e codice rosso: sarà vera gloria?: https://www.altalex.com/documents/2025/04/04/d-d-l-femminicidio-codice-rosso-vera-gloria

Permanent Mission of Italy to the United Nations. (2025, 03 12). italyun.esteri.it. Retrieved from STATEMENT OF ITALY AT CSW69 SIDE EVENT “NOT ONE MORE! ENHANCING PREVENTION AND PROTECTION TO END FEMICIDES ACROSS THE OSCE REGION AND BEYOND: https://italyun.esteri.it/en/news/dalla_rappresentanza/2025/03/statement-of-italy-at-csw69-side-event-not-one-more-enhancing-prevention-and-protection-to-end-femicides-across-the-osce-region-and-beyond/

eur-lex.europa.eu. (2024, 05 14). Retrieved from https://eur-lex.europa.eu/eli/dir/2024/1385/oj/eng

openpolis. (2023, 03 1). Retrieved from https://www.openpolis.it/resta-alto-il-numero-di-femminicidi-in-italia-e-in-europa/