The bill against homotransphobia takes its name from the rapporteur Alessandro Zan, deputy of the Democratic Party. The bill was blocked in the Senate on October 27, 2021. The Hall of Palazzo Madama, with a secret vote, expressed itself in favor of the so-called “trap” which caused the examination of the articles and amendments to be skipped. Here is the content of the ten articles of the text
The last stage of the very long process of the Zan bill is that of October 27, 2021, when it stopped in the Senate. The hall of Palazzo Madama, with a secret vote, expressed itself in favor of the so-called “trap” which caused the examination of the articles and amendments to the text to be skipped. 154 senators voted in favor of the trap, requested by the Lega and the Brothers of Italy, while 131 said no and two abstained: therefore, 23 votes were cast down the law. In November 2020 there was approval in the Chamber. Then the bill had reached the Senate and the preliminary rulings of constitutionality, presented by the FdI and Lega, and the three suspension proposals had been rejected. Here is what the text of the bill against homotransphobia, which takes the name of the rapporteur Alessandro Zan, deputy of the Democratic Party, provides.
The text of the Zan bill
“Measures to prevent and combat discrimination and violence on grounds based on sex, gender, sexual orientation, gender identity and disability”
Art. 1. (Definitions) 1. For the purposes of this law: a) by sex we mean biological or personal sex; b) gender means any outward manifestation of a person that conforms or conflicts with social expectations related to sex; c) sexual orientation means sexual or emotional attraction towards people of the opposite sex, of the same sex, or of both sexes; d) gender identity means the perceived and manifested identification of oneself in relation to gender, even if not corresponding to gender, regardless of having completed a transition path.
Art. 2. (Amendments to article 604-bis of the criminal code) 1. The following amendments are made to article 604-bis of the criminal code: a) at the first paragraph, letter a), the following words are added at the end: “or based on sex, gender, orientation sexuality, gender identity or disability “; b) in the first paragraph, letter b), the following words are added at the end: “or based on sex, gender, sexual orientation, gender identity or disability”; c) the following words are added at the end of the second paragraph, first sentence: “or based on sex, gender, sexual orientation, gender identity or disability”; d) the heading is replaced by the following: “Propaganda of ideas based on superiority or on racial or ethnic hatred, incitement to crime and discriminatory and violent acts for racial, ethnic, religious or based on sex, gender, orientation sexuality, gender identity or disability “.
Art. 3. (Amendment to article 604-ter of the criminal code) 1. In article 604-ter, first paragraph, of the penal code, after the words: “or religious,” the following are inserted: “or for reasons based on sex, gender, sexual orientation, identity of gender or disability, ».
Art. 4. (Pluralism of ideas and freedom of choices) 1. For the purposes of this law, the free expression of beliefs or opinions as well as legitimate conduct attributable to the pluralism of ideas or the freedom of choices are reserved, provided that they are not suitable for determining the concrete danger of carrying out discriminatory or violent acts.
Art. 5. (Amendments to the decree-law April 26, 1993, n. 122) 1. To the decree-law of 26 April 1993, n. 122, converted, with modifications, by the law of 25 June 1993, n. 205, the following modifications are made: a) to article 1: 1) to paragraph 1-bis, alinea, the words: «offenses envisaged by article 3 of law no. 654 “are replaced by the following:” crimes referred to in article 604-bis of the criminal code or for a crime aggravated by the circumstance referred to in article 604-ter of the same code “; 2) paragraph 1-ter is replaced by the following: «1-ter. In the event of a conviction for one of the crimes indicated in paragraph 1-bis, the conditional suspension of the sentence may be subject, if the offender does not object, to the performance of an unpaid activity in favor of the community in accordance with the provisions of paragraphs 1- quater, 1-quinquies and 1-sexies. For the same crimes, in cases where the defendant requests a suspension of the proceedings with probation, public utility work means the provisions of paragraphs 1-quater, 1-quinquies and 1-sexies “; 3) in paragraph 1-quater: 3.1) the words: «, to be carried out at the end of the expiation of the prison sentence for a maximum period of twelve weeks, must be» are replaced by the following: «is»; 3.2) after the word: “judge” the following are inserted: “, taking into account the reasons that determined the conduct,”; 4) in paragraph 1-quinquies, the words: “or non-EU citizens” are replaced by the following: “, foreigners or in favor of associations for the protection of the victims of the crimes referred to in article 604-bis of the criminal code”; 5) in the rubric, after the word: “religious”, the following are inserted: “or based on sex, gender, sexual orientation, gender identity or disability”; b) in the title, the words: “and religious” are replaced by the following: “, religious or founded on sex, gender, sexual orientation, gender identity or disability”. 2. The implementation of paragraph 1 must not result in new or greater burdens for public finance. 3. Within sixty days from the date of entry into force of this law, with a regulation adopted by decree of the Minister of Justice, pursuant to article 17, paragraph 3, of law no. 400, in compliance with the provisions of paragraph 2, the methods of carrying out the unpaid activity in favor of the community, referred to in article 1 of the decree-law 26 April 1993, n. 122, converted, with modifications, by the law of 25 June 1993, n. 205, as amended by paragraph 1 of this article.
Art. 6. (Amendment to article 90-quater of the criminal procedure code) 1. In article 90-quater, paragraph 1, second sentence, of the code of criminal procedure, the following are inserted after the words: “racial hatred”: “or based on sex, gender, sexual orientation or gender identity “.
Art. 7. (Establishment of the National Day against homophobia, lesbophobia, biphobia and transphobia) 1. The Republic recognizes May 17 as the National Day against homophobia, lesbophobia, biphobia and transphobia, in order to promote the culture of respect and inclusion as well as to combat prejudice, discrimination and motivated violence sexual orientation and gender identity, in implementation of the principles of equality and equal social dignity enshrined in the Constitution. 2. The day referred to in paragraph 1 does not determine reductions in the working hours of public offices nor, if it falls on a working day, constitutes a holiday or entails a reduction in hours for schools of all levels, pursuant to of articles 2 and 3 of the law 5 March 1977, n. 54. 3. On the occasion of the National Day against homophobia, lesbophobia, biphobia and transphobia, ceremonies, meetings and any other initiative useful for the realization of the purposes referred to in paragraph 1 are organized. three-year plan of the training offer referred to in paragraph 16 of article 1 of law no. 107, and of the educational pact of co-responsibility, as well as the other public administrations carry out the activities referred to in the previous period compatibly with the resources available under current legislation and, in any case, without new or greater charges for public finance.
Art. 8. (Amendments to Legislative Decree no. 215 of 9 July 2003, regarding the prevention and contrast of discrimination for reasons related to sexual orientation and gender identity) 1. In article 7 of the legislative decree 9 July 2003, n. 215, after paragraph 2 the following are inserted: «2-bis. As part of the competences referred to in paragraph 2, the office draws up a national strategy for the prevention and contrast of discrimination on grounds of sexual orientation and gender identity every three years. The strategy involves the definition of objectives and the identification of measures relating to education and instruction, work, safety, also with reference to the prison situation, communication and the media. The strategy is developed within the framework of a permanent consultation of local administrations, trade organizations and associations involved in combating discrimination based on sexual orientation and gender identity and identifies specific interventions aimed at preventing and combating the onset of phenomena of violence and discrimination based on sexual orientation and gender identity. 2-ter. For the implementation of the measures and specific interventions referred to, respectively, in the second and third periods of paragraph 2-bis, the competent public administrations shall provide, compatibly with the resources available under current legislation and, in any case, without new or greater charges for the public finance “.
Art. 9. (Amendment to article 105-quater of the decree-law 19 May 2020, n. 34, converted, with modifications, by the law 17 July 2020, n. 77, concerning centers against discrimination motivated by orientation sexual or gender identity) 1. In article 105-quater, paragraph 2, of the decree-law of 19 May 2020, n. 34, converted, with amendments, by law 17 July 2020, n. 77, the words: “of discrimination or violence based on sexual orientation or gender identity” are replaced by the following: “of the crimes provided for by article 604-bis of the criminal code, committed for reasons based on sexual orientation or on the gender identity of the victim, or of a crime aggravated, for the same reasons, by the circumstance referred to in article 604-ter of the criminal code “.
Art. 10. (Statistics on discrimination and violence) 1. For the purpose of verifying the application of this law and the planning and implementation of policies to combat discrimination and violence for racial, ethnic, national or religious reasons, or based on sexual orientation or gender identity and of the monitoring of prevention policies, the National Statistical Institute, within the scope of its institutional resources and competences, having consulted the Observatory for safety against discriminatory acts (OSCAD), ensures that a statistical survey is carried out on a regular basis at least three years. The survey must also measure the opinions, discrimination and violence suffered and the characteristics of the subjects most exposed to risk, according to the questions contained in the Discrimination Survey conducted by the National Statistics Institute starting from 2011.
Source-tg24.sky.it