RESTRICTED MATERNITY AND THE STATE POWER OF PUNISHMENT IN THE ITALIAN PRISON SYSTEM

The State is the sole entity vested with punitive power and therefore capable of imposing restrictions on individual rights. This power, however, must necessarily be limited by constitutional principles and safeguards operating at both national and supranational levels. Nevertheless, these boundaries are often exceeded by state authorities, thereby undermining fundamental human rights, particularly of those individuals in a more vulnerable position than others. Among them is the right to maternity of women in prison. The thesis aims to provide a comprehensive overview of maternity within the prison system and its protection as ensured by international and European instruments, while underlining the specificities of female detention with respect to the male one. What emerges is indeed that women prisoners face double marginalization in a system designed primarily for men: they are marginalized both for being prisoners and, above all, for being women. Building on this framework, the focus then turns to the Italian context, highlighting the numerous shortcomings and inconsistencies in comparison with the analysed supranational standards and instruments. To further confirm these critical issues, the thesis also provides examples of tragic episodes that have occurred in Italian prisons, where the maternity of women inmates and the rights of their children have not been adequately safeguarded. In conclusion, the Finnish and Dutch prison systems are object of examination since they stand out for the adoption of policies and implementation of programmes aimed at protecting the rights of mothers in prison and their children, from which Italy could draw inspiration.