When gender discrimination is blessed by the Constitutions: The Why Wait Agenda meets Carla Bassu

The Why Wait Agenda Podcast

What have Constitutions got to do with people’s decision to have babies or not? Well, for example, the Italian constitution has an article that states: «Working conditions shall allow women to fulfil their essential role in the family», placing working women in a subordinate position to working men, who are free to work without being forced to fulfil any «essential role». And an unequal household division of labour and attitudes about egalitarian roles can influence the timing of first births, according to the paper “Why do people postpone parenthood?” by professor Melinda Mills (also a guest of our podcast, twice!) amongst others.
«Working conditions shall allow women to fulfil their essential role in the family», then. It wasn’t all that shocking seventy years ago, when the Italian Constitution was written. But it's quite different now.
The guest of this episode is Carla Bassu, one of the youngest full professors of Comparative Public Law in Italy, and an ambassador for egalitarian roles. For years she fought – and recently won – a major battle: the one to empower both parents to give their surname to their children in Italy.
«We need to consider the contest [our Constitution] has been formulated in» professor Bassu says, «It reflects the historical and cultural background: in 1948, when our Constitution came into effect, most people found it hard to recognise a position for women away from domestic work». So, being an historical document as all Constitutions are, the Italian Constitution simply reflects the spirit of the time.
But a lot can be done now, Bassu explains, «by interpretation» of the said Constitution, and «through education» of the younger generations towards gender equality and equal parenting. Because, even if it's probably a bit of a stretch to blame the Italian Constitution for the fertility gap – the imbalance between how many children people would like to have and how many children they actually end up having – it's fair to say that it certainly hasn’t helped.