Fabrizio Amato

Verso l'eguaglianza di genere nella magistratura italiana: nodi critici e prospettive

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The author analyses the outcomes of a questionnaire on the working condition of female judges which has been submitted to Italian judges, both men and women, in 2004. As it was filled in by a high percentage of judges, about 30%, the collected data can be deemed to be remarkable and reliable. The questionnaire points out some of the causes of discrimination, which mainly arise from the "double presence" of women, within the family and at work. Women's social role disadvantages them in compari- son with men as regards working organization. In particular, the "double presence" jeopardises female judges' career on the ground of access to professional training, key positions and management (where consent to changes in job and mainly in working places are decisive factors, and which can be rarely given by women exactly for family reasons). Access to representative functions in judges' self-government institutions and associations suffer the same limitations. The analysis of the data shows indirect discrimination, but it also shows the different way male and female judges perceive the disadvantages described above and the existence of a real gender problem in the judiciary. The essay suggests some measures, which have already been, at least in part, elaborated and achieved by both judges' self-government institutions and associations, as regards working organization. The latter are aimed at increasing women's representation in responsibility places as to assure a closer proportion to the high percentage of female judges (about 40% still growing).

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