Order of the Court of Milan, Labor Section, 6 November 2015

The Court in Milan ordered to pay the maternity allowance under Article 74 of legislative decree No. 151/2001 (so called ‘baby bonus’) to a woman of foreign nationality, who had been regarded by the public administration as not being entitled to the same because she did not possess a long-residence permit. For the Court, said conduct amounted to discrimination on the ground of nationality, in contrast with legislative decree No. 286/1998, concerning migration and the status of aliens. Latter prohibits discrimination against aliens, on general terms (Article 43, implementing the UN Convention against racial discrimination) and, most specifically, with regard to social security matters (Article 41). The Court further remembered that the equality principle ex Article 3 of the Constitution is interpreted by the Constitutional Court as implying that : a) no different treatment of foreigners as compared with the nationals is allowed as far inalienable human rights are concerned, and b) also in the event that fundamental human rights are not involved, differences established by law among nationals and aliens, or stateless persons are allowed only to the extent in which they are reasonable and strictly functional to the protection of other public interests.