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Racism in football in Italy constitutes a structural issue which, in recent years, has assumed increasing significance not only from a social and media perspective, but also from a legal standpoint.<\/p>\n
Incidents of racial discrimination against professional football players \u2014 manifested through offensive chants, verbal abuse, the display of discriminatory banners, or other forms of conduct detrimental to personal dignity \u2014 continue to occur with considerable frequency, thereby raising questions concerning the effectiveness of the regulatory and disciplinary mechanisms currently available.<\/p>\n
Numerous football players have been the victims of discriminatory conduct during Italian professional competitions, making it evident that the phenomenon cannot be regarded as a series of isolated incidents, but rather exhibits characteristics of continuity and systemic recurrence.<\/p>\n
From a legal perspective, the fight against racism in football lies at the intersection between the sports legal system and the State legal order. Whilst, on the one hand, sports justice provides autonomous disciplinary mechanisms, discriminatory conduct may, on the other hand, also give rise to constitutional, civil and criminal consequences.<\/p>\n
The foundation of the Italian system for the protection against racial discrimination is rooted in the Italian Constitution.<\/p>\n
Article 3 of the Constitution provides that:<\/p>\n
\u201cAll citizens shall have equal social dignity and shall be equal before the law, without distinction of sex, race, language, religion, political opinions, or personal and social conditions<\/em>.\u201d<\/p>\n This provision enshrines two distinct principles: namely, the principle of formal equality, which prohibits arbitrary differential treatment; and the principle of substantive equality, which imposes upon the Republic the duty to remove obstacles limiting the freedom and equality of citizens.<\/p>\n Although this provision is primarily directed at regulating the relationship between individuals and the State, its principles have progressively acquired relevance within the sporting context as well, influencing both sports federation regulations and the interpretation of provisions concerning the protection of individuals.<\/p>\n Indeed, sport does not constitute an area exempt from the fundamental principles of the legal order; rather, it represents a sector characterised by a particular degree of regulatory autonomy, which must nevertheless remain consistent with Constitutional principles.<\/p>\n State regulatory framework: repression of discriminatory conduct<\/strong><\/p>\n Acts of racism occurring within sports venues may constitute criminal offences under Italian law.<\/p>\n A central provision in this respect is Article 604-bis of the Italian Criminal Code, which criminalises \u201cthe dissemination of ideas based on racial or ethnic superiority or hatred, and the incitement to commit, or the commission of, discriminatory acts on racial, ethnic, national or religious grounds<\/em>.\u201d<\/p>\n The provision further establishes aggravated sanctions where the conduct is accompanied by incitement to violence or by organised forms of conduct.<\/p>\n Within the sporting context, discriminatory chants, racist slogans, or collective demonstrations characterised by discriminatory content may, depending upon the specific circumstances, satisfy the constituent elements of the criminal offence.<\/p>\n Additional enforcement tools derive from legislation governing safety at sporting events, which permits the adoption of preventive measures against individuals deemed responsible.<\/p>\n Particular relevance is attached to the DASPO (Divieto di Accedere alle Manifestazioni SPOrtive \u2013 Prohibition on Access to Sporting Events).<\/p>\n Article 6 of Law No. 401 of 13 December 1989 provides that the Chief of Police (Questore) may prohibit access to sporting events for individuals who have engaged in conduct considered dangerous to public order and public safety.<\/p>\n The scope of this preventive measure has progressively expanded so as to include discriminatory and racist conduct.<\/p>\n FIGC Regulations: Article 28 of the Code of Sports Justice<\/strong><\/p>\n Within the framework of sports law, the principal applicable provision is Article 28 of the Italian Football Federation (FIGC) Code of Sports Justice, which governs discriminatory conduct.<\/p>\n This provision establishes that:<\/p>\n \u201cDiscriminatory conduct shall consist of any conduct which, directly or indirectly, results in offence, denigration or insult on grounds of race, colour, religion, language, sex, nationality, territorial origin or ethnic origin<\/em>.\u201d<\/p>\n This provision establishes differentiated sanctions depending upon the category of subject involved.<\/p>\n In relation to registered individuals (tesserati), the following sanctions may be imposed:<\/p>\n In relation to sports clubs, the following sanctions may be imposed:<\/p>\n The rationale<\/em> underlying this provision is to attribute disciplinary relevance not only to individual conduct but also to collective conduct carried out by supporters.<\/p>\n One of the most distinctive features of Italian sports law is the principle of strict liability of sports clubs.<\/p>\n Article 6 of the FIGC Code of Sports Justice provides that clubs are liable for the conduct of:<\/p>\n Strict liability entails that a club may be sanctioned even in the absence of negligent or intentional conduct directly attributable to its governing bodies.<\/p>\n The objective pursued by sports lawmakers is to ensure the effectiveness of the disciplinary system and to encourage clubs to adopt adequate preventive measures.<\/p>\n Nevertheless, this principle has frequently been the subject of debate.<\/p>\n On the one hand, it addresses the requirements of speed and efficiency inherent in sports justice; on the other hand, it has been observed that clubs often possess limited means of preventing conduct carried out by organised groups of supporters.<\/p>\n A significant proportion of racial discrimination incidents recorded in Italian football has been attributed to extremist factions of organised supporter groups.<\/p>\n From a legal perspective, the recurrence of such conduct raises a dual issue: the individual liability of the perpetrators of the conduct concerned and the potential liability of sports clubs resulting from omissions or inadequate preventive measures.<\/p>\n Notwithstanding the existence of a comprehensive regulatory framework, the practical effectiveness of the system continues to be the subject of debate.<\/p>\n Experience in recent years suggests that combating racism cannot be based exclusively upon disciplinary enforcement.<\/p>\n The effectiveness of legal provisions requires an integrated strategy including:<\/p>\n Indeed, sport performs a social function extending beyond mere athletic competition and requires stakeholders operating within this sector to adopt standards of conduct consistent with the fundamental principles of the legal order.<\/p>\n In conclusion, racism in football in Italy represents a complex legal and institutional issue involving sports justice, criminal law and the fundamental principles of the legal system.<\/p>\n Although the regulatory framework provides significant enforcement tools, a gap continues to exist between the legal framework and its effectiveness in practice.<\/p>\n Experience demonstrates that the mere increase of sanctions may not, in itself, be sufficient. The real challenge lies in complementing punitive measures with a structural policy aimed at prevention and accountability amongst the actors involved.<\/p>\n Only through a coordinated approach involving sporting institutions, clubs, public authorities and supporters will it be possible to ensure the full implementation of the principles of equality and non-discrimination within the sporting context, especially concerning football, which, culturally speaking, is akin to a religion in Italy!<\/p>\n\n
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