A pena recalcada: detenção e negação da sexualidade nos cárceres italianos

In most European prison systems, imprisonment carries with it a very harsh, but completely unknown (and sometimes informal), corporal punishment: the deprivation of sexuality. This article deals with the denial of the right to sexuality as an intrinsic device of the contemporary prison model, through the analysis of the case study of the Italian prison system. The methodology used is twofold. On the one hand, the object of study is approached through the perspective of the sociology of law, reviewing the literature, providing an account of the state of the art and adopting a policy-choice approach. On the other hand, a methodological approach based on the analysis of the case law and legal reasoning of the courts will be adopted, in particular through the analysis of the domestic case law (especially at the constitutional level) and the European case law (focusing on the European Court of Human Rights’ case law). The analysis of the international normative level is enriched by the study of the penitentiary soft law tools offered, in particular, by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment of the Council of Europe. Special attention is payed to sexual orientation and unrecognized violence. The contribution is enhanced by the complexity of the gender perspective. Prison has always been mainly a male institution, where women are considered as an “exception”. Sexual orientation is often denied, as are the rights of trasngeder persons. The essay therefore provides both a specific sociological analysis of the denial of the right to sexuality of men, women, homosexuals and transgender persons in prison and a study of Italian and European legal policies and case law according to gender.