Order of the Court of Bergamo, Labour Section, 30 March 2014

The Court of Bergamo examined the claim of a foreign women living in Italy, to which the competent authorities had denied access to maternity benefits, provided by Article 74 of legislative decree No. 151 of 2001, for the only reason of her nationality. Such a behavior was discriminatory and, thus, in breach of Italian legislation (Articles 2 and 3 of the Constitution; Article 43 of legislative decree No. 286 of 1998), EU law (Article 21 of the Charter of Fundamental Rights) and international law (Article 14 of the ECHR and Article 1 of the First Protocol; Articles 1, 2 an 7 of the Universal Declaration of Human Rights).