“La woman is fatuous, she is light, she is superficial, emotional, passionate, impulsive, stubborn rather, always approximate, almost always denied to logic, dominated by “pietism”, which is not “pity”.And therefore unsuitable for objective evaluation, serenely, wisely, in their correct scope, crimes and criminals”. These are the words of a pamphlet (The “woman-judge” or rather “grace” against “justice”) written in 1957 by the then honorary president of the Court of Cassation, Eutimio Ranelletti. Words rightly remembered by Eliana Di Caro in his book Magistrates finally (The Mill, 2023)which traces the difficult and incredible history of (female) judges in our country.
Magistrates finallythe long and incredible history of women judges
Starting from the Constituent Assembly, which it bluntly prevented the female gender from participating in the public competition to enter the judiciary. Until 2015, the year of overtaking, in which the overall number of female magistrates exceeded that of men (even though male predominance exists in top positions).
Passing precisely through that 1957, when the promulgation of law 144 inserted for the first time women on popular juries of the Assize Court and in the Juvenile Courts. To get to the 2023: a year of goals for magistrates. Marked by the first (female) president of the Court of CassationMargherita Cassano. From a justice reform written by the former judge (female) Marta Cartabia. And by a president of the Constitutional Court, Silvana Sciarra.
Margherita Cassano, first female president of the Court of Cassation.
Giulia De Marco: among the magistrates, the “not very feminist”
The book collects the profiles of the first judges who entered the judiciary thanks to the first competition finally open to women, in 1963. Among them too Giulia De Marco (Cosenza, 1940 – 2023), president of the Juvenile Court of Turin until 2006 (he dealt with the crime of Erika and Omar) who passed away last December 28th. Eliana Di Caro interviewed her for her book, revealing her way of understanding the profession and dealing with prejudices. «Today we can talk about discrimination», says De Marco in a passage of the book, «Then it wasn’t insensitivity, it was lack of culture.”
A magistrate who not only didn’t live like one deminutio the attitudes that today we define as discriminatory, but rather «claimed the legitimate choice not to aspire to top roles. Arguing that it is a woman’s right that “is realized in a dual way, through family and work” not to want them.”
«I appear a little unfeminist», admitted De Marco, who said she was proud of being “a magistrate tout court” before being “a woman magistrate”.
Letizia De Martino on the cover of Magistrates finally. The presentations of the book continue around Italy: the author, Eliana Di Caro, journalist of Il Sole 24 Ore, will bring it to Bolzano on 15 January (at 6pm, at the Centro Culturale Cristallo) and to Padua on the 24th (at 6pm at Caffé Pedrocchi).
Maria Gabriella Luccioli, the Englaro case and female sensitivity
Other women, and other magistrates, have instead forced their hand more, convinced that it is there a specificity of female judges. «In short, that women have a particular sensitivity. It is the thesis», recalls Eliana Di Caro, «of Maria Gabriella Luccioli (Terni, 1940). As president of the college of magistrates who decided on the case of Eluana Englaro, he established that yes, in certain cases the suspension of treatment can be authorized if the dignity of the person is at stake. If there had not been a female gaze, that sentence would not have been reached: this is Luccioli’s opinion. Like him, there is the certainty that the presence of women in council chambers often leads to finding jurisprudence solutions that are closer to weak subjects.”
Maria Gabriella Luccioli, the first woman to become section president of the Court of Cassation in 2008.
The role of the Association of Italian women magistrates
Luccioli founded, at the beginning of the 90s, theAssociation of Italian women judges (Admi). To raise awareness on the issues of gender violence, for example, but also to affirm the need for equal opportunities committees (at the CSM, in the Court of Appeal and in the Supreme Court). And to propose some fundamental laws. Like the one relating to recipient of the protection order in the case of violence against women: not the victim must distance himself, but the perpetrator of the violence. A turning point.
Even today, at the High School of the Magistracy of Scandicci, Luccioli talks about ethics and focuses on the way of being judges of women, on the importance of bringing different sensibilities and values, of always expressing a female point of view. Even in language, for example, using feminine names (“the judge”, “the councillor”, “the magistrate”).
From left: Letizia De Martino, Graziana Calcagno and Gabriella Luccioli
Graziana Calcagno and reverse prejudices
But it is a mistake, and a prejudice, to even make it absolute. And to think that a a woman judge necessarily corresponds to a certain way of understanding law, “maternal”, more welcoming and to some extent less rigorous. «An example that shows that this is not the case is the case of Serena Cruza little girl born in the Philippines, abandoned by her mother and brought to Italy illegally by a railway worker from Racconigi (Cuneo)”. Remember Di Caro: «It was 1988 and the head of the Prosecutor’s Office was Graziana Calcagno (Arenzano, 1938 – Turin, 2018) who defended respect for the law in a strong and uncompromising way. In that case the greater good, even before the material well-being of the little girl that she had grown fond of her new family, was to prevent the creation of an unstoppable market in children. But the country was divided, between those who supported Calcagno’s point of view and the many who attacked her. Among them, too Natalia Ginzburg, who even wrote a pamphlet against the judges (Serena Cruz or true justice)».
Letizia De Martino, the “first judge in a skirt” in the Camorra war
Another example is that of Letizia De Martino (Naples, 1937), to whom the cover of Di Caro’s book is dedicated. Coming second in the 1963 national competition, he is “the first Judge in a skirt” to which the Courier of Naples he dedicated one of his pieces in 1966. He immediately chose the criminal path precisely to break down the prejudice that the Juvenile Court might be fine for women but certainly not the Camorra war which is a man’s business. And instead De Martino in fact led the II panel of the VIII Section of the Court of Naples in the 80s. Getting involved in that feud, and in the hardest period.
Emilia Capelli and prejudice at a glance
But, even in the context of a juvenile prison, that “the” judge is “a” judge is not the first thought that comes to mind, not even to those who work there. The episode narrated by says it well Emilia Capelli (Milan, 1937) and collected in the book by Di Caro. «A riot had broken out at the Beccaria, they had burned the mattresses and taken bars, then one of the boys had climbed onto the roof. I was a probation judge, they called me and as soon as the head of the police force saw me he addressed me by saying: “The social worker has arrived…”». We imagine her smiling, and we smile with her.
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