The Persistent Gaps in Civil Rights for LGBTQIA+ Communities in Italy

By Carlotta Casolaro (she/her)

This article contains discussions of homophobia and transphobia.

 

Civil rights for LGBTQIA+ communities in Italy remain in a state of persistent fragility. Despite being part of the European Union, Italy continues to lag behind its neighbours in providing adequate legal recognition and protection for queer individuals. The roots of this stagnation lie in a legislative framework that has remained largely untouched since the 1980s, coupled with cultural and political resistance to reform. The result is a system that leaves wide gaps in healthcare, employment, education, and above all, dignity. One of the starkest examples is the process of legal gender recognition. At present, trans and non-binary individuals must go through lengthy and medicalised procedures to amend their legal gender marker, often requiring psychological evaluations, invasive surgeries, and court rulings (ILGA-Europe, 2024). This approach not only undermines bodily autonomy but also places an enormous psychological burden on those seeking recognition.

The legal void directly affects healthcare. While some regions have introduced inclusive policies, there is no uniform guarantee across the country. Access to gender-affirming care remains inconsistent, with long waitlists and bureaucratic barriers. Routine health screenings for trans individuals post-transition are often unavailable, leaving people to navigate a medical system that is ill-prepared to meet their needs (TGEU, 2022).

The absence of a national law against homophobic and transphobic violence is another glaring gap. Italy has no comprehensive legislation to address hate crimes based on sexual orientation or gender identity, leaving survivors with limited protection and little recourse. In 2021, the proposed Zan Bill—which aimed to expand anti-discrimination measures to include LGBTQIA+ identities—was rejected by the Italian Senate after years of debate. Deeply entrenched political resistance continues to block progress. (TGEU, 2022)

 

Employment protections are equally fragile. Without explicit legal safeguards, queer individuals face higher risks of workplace discrimination. Reports from advocacy groups (Arcigay, 2023) reveal that many people conceal their identities to avoid harassment or dismissal. For queer families, the lack of recognition compounds these vulnerabilities: same-sex couples cannot jointly adopt children, and children born into queer families often face uncertain legal status ( ILGA-Europe, 2024).

Schools often fail to provide inclusive curricula, and queer students face widespread bullying with little institutional support. Public discourse around LGBTQIA+ issues is polarised, frequently used by political parties for electoral gain rather than genuine reform.

One of the most urgent but overlooked LGBTQ+ issues is access to psychological support. Mental health services tailored to LGBTQIA+ individuals are scarce, underfunded (OECD, 2023), and usually concentrated in large cities. This leaves many without access to affirming care, especially in rural areas. Crucially, queer-inclusive psychological support in Italy is not guaranteed by law, and when available, it is rarely personalised. This reinforces feelings of isolation and inequality, especially for youth navigating hostile environments. The situation in Italy contrasts sharply with broader European trends. According to ILGA-Europe’s 2024 Rainbow Index, Italy scored just 24% in LGBTQIA+ equality and protection, sliding down compared to the previous year (ILGA-Europe, 2024). This places Italy at the bottom tier among EU states, far behind countries such as Spain, Portugal, or even traditionally conservative states like Greece, which have recently passed laws expanding protections and recognition (ILGA-Europe, 2024).

The consequences are tangible. A 2023 survey by Arcigay found that one in three queer youth in Italy reported experiencing harassment or exclusion in educational settings. For trans and non-binary students, the absence of clear administrative procedures for name and gender changes exacerbates the sense of exclusion, limiting both their education and social participation. Some argue that social change must precede legal change. But Italy’s current trajectory shows the opposite; without strong legal frameworks, social prejudice thrives. Laws do more than regulate—they signal whose lives are valued and protected. Without explicit protections, queer individuals in Italy remain vulnerable to violence, discrimination, and systemic erasure.

The priorities of queer activists are clear: depathologisation of trans and non-binary identities, simplified administrative procedures for legal gender recognition, comprehensive anti-discrimination laws covering hate crimes and workplace protections, legal recognition of queer families, including parental rights, and guaranteed access to tailored psychological support.

Italy stands at a crossroads. The gap between European standards and Italian realities is not simply a question of law—it is a question of dignity, safety, and equality. LGBTQIA+ communities in Italy are asking not for privileges, but for the basic guarantees that many of their European neighbours already consider fundamental.

Until these rights are recognised, Italy will remain a country where queer lives are systematically disadvantaged, forced to navigate a patchwork of protections that vary by region, circumstance, and political will. The future of queer rights in Italy depends on breaking this cycle of legislative inertia. Without decisive action, the structural inequalities of today will continue to silence the voices of tomorrow.

 

Got a feminist opinion you want to share? We want to publish your work! Anyone can contribute to the GJP blog, no experience necessary! Find out more about being featured on our blog.

 

References

TGEU, 2022 Progress Report https://tgeu.org

 

OECD, 2023 Education at a Gance https://www.oecd.org

 

ILGA-Europe. Rainbow Europe Index 2024. https://www.ilga-europe.org

Arcigay. Indagine su giovani LGBTQIA+ in Italia, 2023. https://www.arcigay.it

 

European Union Agency for Fundamental Rights (FRA). LGBTI Survey II: Main Results. https://fra.europa.eu

Header image credit: Mercedes Mehling - Unsplash