ABSTRACT
Examining the relationship between Italian constitutional provisions and the legal status of migrant women offers an opportunity to provide a re-signification to the entire constitutional project and to put its inclusiveness to the test. Self-determination is connected to self-realization precisely when the full development of the personality is accompanied, if not also permitted, by actual participation in community life. A reading of the constitution capable of taking to heart the contributions of feminist legal theory and critical race theory allows us to correlate the person – in his or her dimension of gender, relationships and interdependence – with the constitutional project of self-determination and self-realization. The constitutional interpretation of the issues involving differences of gender, sexuality and gender identity still stands at a certain distance from a reading that takes the free development of personality and actual participation in community life as a primary interpretative criterion.
