Italy eliminates language requirement for citizenship in cases of disability, illness, or advanced age

On March 7th, the Italian Constitutional Court ruled that the requirement to know the Italian language for obtaining citizenship through marriage or naturalization is unconstitutional in certain cases. This decision marks a significant change, as it removes a barrier that, according to the court, was causing indirect discrimination against people with disabilities, serious illnesses, or advanced age.

The Italian language requirement

Since the approval of Law No. 132 on December 1, 2018, all foreigners applying for Italian citizenship through marriage or residency were required to demonstrate an intermediate level of knowledge of the Italian language (B1). This requirement, aligned with the Common European Framework of Reference for Languages (CEFR), could be fulfilled through a certificate issued by institutions accredited by the Italian Ministry of Education (MIUR) or the Ministry of Foreign Affairs (MAECI), or with a degree obtained from a recognized public Italian educational institution.

While this regulation aimed to ensure the integration of new citizens, it also imposed difficulties on certain groups who, due to physical or cognitive conditions, could not meet this requirement. The lack of exceptions in the legislation led to criticism from human rights organizations and immigrant associations, who argued that the measure unfairly excluded vulnerable individuals.

The Constitutional Court's ruling

In its ruling, the Constitutional Court declared Article 9.1 of Law No. 91 of February 5, 1992, which established the language requirement for obtaining citizenship, unconstitutional. The ruling emphasized that the law violated the principle of equality by not considering exemptions for those facing insurmountable barriers to learning Italian. Furthermore, it acknowledged that the measure caused indirect discrimination, disproportionately hindering access to citizenship for people with disabilities, degenerative diseases, or advanced age.

The court based its decision on the legal principle ad impossibilia nemo tenetur, which states that "no one should be forced to do the impossible." Under this premise, it was argued that requiring people with physical or cognitive impairments to learn a language was an unreasonable and unjust imposition.

Implications and changes in legislation

Following this ruling, the Italian government will need to modify the current regulations to include explicit exemptions to the language requirement. The new legislation is expected to outline clear exceptions for those who, due to medical or age-related reasons, cannot meet the B1 level of Italian proficiency.

This ruling represents a step forward in the inclusion and respect of the rights of people with disabilities and other vulnerable groups. Additionally, it strengthens the commitment of the Italian judiciary system to equity and non-discrimination in access to citizenship.

On the other hand, those who still need to meet the language requirement must obtain certification from accredited institutions, such as the Università per Stranieri di Siena, the Università per Stranieri di Perugia, the Società Dante Alighieri, or the Università Degli Studi Roma Tre. Applicants are also encouraged to check with their local consulate to see if other recognized options are available.

The Italian Constitutional Court's decision to eliminate the language requirement for vulnerable individuals represents a significant step in guaranteeing rights for immigrants. While knowledge of Italian remains a key element in the integration process, this ruling acknowledges that it should not become an insurmountable barrier for those unable to meet the requirement. With this decision, Italy aligns with principles of equity and accessibility, ensuring that citizenship is within reach for all, without discrimination based on physical or cognitive conditions.

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