Separation of powers and guarantees of prisoners' rights in the Constitutional Court's ruling on intramural affectivity

Abstract

The Constitutional Court’s sentence no. 10 of 2024 represents a significant turning point in the Italian penitentiary debate because, several years after its formal enunciation, it proposes technical guarantees of the right to affection (and sexuality) of the detained. The decision comes 12 years after a previous monitoring sentence. It thus represents the culmination of a dialogue with the legislator on this sensitive topic. The decision proves to be very intriguing regarding the substantive issue as well as certain procedural and argumentative elements