This article examines gender asymmetries in the Italian film and audiovisual industry as a phenomenon structurally embedded in the employment relationship. The occupational discontinuity that characterises the sector operates as an amplifying factor: it constrains women workers’ freedom of self-determination, renders silence a predictable outcome and hinders the identification of the persons bearing the relevant protective obligations. Against this background, the article critically assesses the existing regulatory framework — with attention to the reforms introduced by Law No. 198 of 29 December 2025 — and offers the first systematic analysis of the gender equality clauses contained in the 2023 national collective agreement for performers, examining their scope, structural shortcomings and risks of ineffectiveness. The study reconstructs the contribution of recent case law to the elaboration of an organisational liability extending to pre-contractual stages, and proposes a reframing of public incentives to the sector as instruments of labour market regulation, functionally analogous to social clauses in public procurement. The article concludes that effective protection requires a multi-level framework — legislative, collective-bargaining-based and incentive-based — in which gender equality provisions are equipped with enforceable procedures, clearly allocated responsibilities and mechanisms for verification.
LA PARITÀ DI GENERE NEL CINE-AUDIOVISIVO TRA ASIMMETRIE DI POTERE, ASSETTI REGOLATORI ED ENUNCIAZIONI CONTRATTUALI. DAL FUORICAMPO ALL’INQUADRATURA
C. Di Carluccio
In corso di stampa
Abstract
This article examines gender asymmetries in the Italian film and audiovisual industry as a phenomenon structurally embedded in the employment relationship. The occupational discontinuity that characterises the sector operates as an amplifying factor: it constrains women workers’ freedom of self-determination, renders silence a predictable outcome and hinders the identification of the persons bearing the relevant protective obligations. Against this background, the article critically assesses the existing regulatory framework — with attention to the reforms introduced by Law No. 198 of 29 December 2025 — and offers the first systematic analysis of the gender equality clauses contained in the 2023 national collective agreement for performers, examining their scope, structural shortcomings and risks of ineffectiveness. The study reconstructs the contribution of recent case law to the elaboration of an organisational liability extending to pre-contractual stages, and proposes a reframing of public incentives to the sector as instruments of labour market regulation, functionally analogous to social clauses in public procurement. The article concludes that effective protection requires a multi-level framework — legislative, collective-bargaining-based and incentive-based — in which gender equality provisions are equipped with enforceable procedures, clearly allocated responsibilities and mechanisms for verification.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
