The 1948 Case in Italian Citizenship
The 1948 Case in Italian Citizenship
Like many countries around the world, Italy made major gains in the 20th century in terms of gender equality. After World War II, Italian women were granted the right to vote in national elections and the right to hold government positions. In the 1970s, they won additional rights around divorce and reproductive health.
Today, more than half of Italian university graduates are female, and women are well-represented in subjects like mathematics and information technology. Italian women also hold positions in fields once predominantly held only by men like law enforcement and manufacturing.
Despite this progress, a law from the past still affects the descendants of Italians today. This law, referred to as the 1948 Rule, creates problems for people who want to pursue Italian citizenship by descent (jure sanguinis).
What Is Italy’s 1948 Rule?
Prior to 1948, only men (whether they were born in Italy or abroad) could legally pass down Italian citizenship to their children because of the 1912 Citizenship Law. Children born to Italian men were automatically granted Italian citizenship. This law did not apply to women, however, which meant children born to Italian women were not considered Italian citizens.
In 1948, Italy became a Republic and granted women and men equal rights. Under the new constitution, Italian women could now pass down Italian citizenship to their children, but only to children born after January 1st 1948. This has become known as “the 1948 rule.”
Limitations & Barriers to Citizenship
While the new Italian constitution expanded rights for women and their children, most argue it didn’t go far enough. As of today, if you were born before January 1, 1948 and wish to claim Italian citizenship through your Italian mother, your application may be denied. This restriction also applies if you are seeking citizenship through another maternal Italian ancestor, like your grandmother, and your mother was born before 1948.
The 1948 Rule Today
Because the 1948 rule still limits the road to citizenship, especially for women, many describe it as discriminatory. Some have challenged this rule in court and won. The Italian Supreme Court recently ruled that the 1948 Rule violates constitutional equality principles between men and women. As a result, children of Italian mothers born before 1948 can now appeal under the 1948 Rule for Italian citizenship, provided they meet the other eligibility criteria for jure sanguinis (right of blood).
Despite the court’s openness to challenges against the 1948 Rule, it has not been formally modified or overturned. Consequently, U.S.-Italian Consulates will continue to enforce this rule strictly, denying citizenship claims under jure sanguinis in certain cases. Courts in the U.S. cannot intervene as this is governed by Italian law.
Challenging the 1948 Rule can be complex, especially from outside Italy. For guidance on navigating Italian law and citizenship applications, consider consulting with professionals who specialize in these issues.
Get Help Obtaining Italian Citizenship Today
If you’re uncertain about qualifying for Italian citizenship through jure sanguinis (right of blood), the Italian American Citizenship Assistance Program is here to help. We specialize in helping clients understand the requirements for Italian dual citizenship, assisting in gathering necessary documents, and navigating complex cases like those affected by the 1948 Rule.
Our program has successfully guided hundreds in confirming their eligibility for Italian citizenship. Contact us today to find out how we can assist you applying for Italian citizenship.