Italy’s top court has made a groundbreaking decision, mandating that prisoners should be allowed to engage in conjugal visits with their spouses or partners. The ruling, made by the Constitutional Court, asserts that this right can only be restricted for specific reasons, such as security concerns, maintaining order, or judicial considerations. This ruling comes at a time when Italy is undergoing significant prison reforms under Prime Minister Giorgia Meloni’s government.
The decision stems from a case in which an inmate at a prison in Asti, northern Italy, was denied permission to have sex with his wife. This sparked a wider conversation about prisoners’ rights, leading to calls from activists for the creation of “love rooms” inside prisons—private spaces where inmates could engage in intimate relations with their partners. This initiative aims to ensure that prisoners’ emotional needs are respected while balancing the requirements of safety and discipline within the prison system.
Prisoners’ rights groups like Hands Off Cain have expressed frustration with Italy’s outdated approach to conjugal visits, comparing it unfavorably to other European countries like Spain, France, and Romania, which already provide such facilities. Rita Bernardini, president of Hands Off Cain, emphasized that the freedom to enjoy emotional relationships is a fundamental constitutional right, underscoring the importance of human connection in the rehabilitation process.
The court’s ruling has prompted discussions about how best to implement these changes in Italy’s overcrowded prison system. With over 62,000 inmates housed in facilities designed for fewer than 47,000, creating private, comfortable spaces for conjugal visits presents logistical challenges. Irma Conti, head of the national organization for prisoners’ rights, suggested that a potential solution could be granting inmates temporary permits for off-site conjugal visits.
Despite the concerns about overcrowding and practical limitations, Bernardini pointed out that there are approximately 40 prisons across Italy where love rooms could be introduced. These rooms would not only facilitate conjugal visits but could also be adapted for family interactions, aiming to create a more home-like environment for inmates.
While Meloni’s reforms, dubbed “prison humanisation,” are a step toward improving conditions, welfare organizations like Antigone believe that more needs to be done to address Italy’s prison overcrowding. With thousands of inmates living in conditions far beyond capacity, the debate over prisoners’ rights, rehabilitation, and humane treatment continues to evolve in Italy’s justice system.
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