The DAP Circular on the Right to Sexuality and Affective Relationships for Inmates
April 15th, 2025
The DAP (Dipartimento dell’Amministrazione Penitenziaria - Department of Prison Administration) has finally drafted and issued a circular, dated April 11, 2025, setting out the guidelines for implementing the right to affective relationships within correctional facilities. This Circular comes more than a year after Constitutional Court ruling no. 10 of 2024, which for the first time recognized emotional bonds as a constitutionally relevant aspect of prisoners' relational lives.
In the meantime, some supervisory judges had already attempted to make up for the inertia of the prison administration—most recently, the Supervisory Judge of Reggio Emilia, through an order issued on February 7, 2025.
The Circular first qualifies the right to affectivity as a fundamental right. It then outlines the main elements of its implementation: the nature of the visits, the individuals entitled to access them, the criteria for priority, and the grounds for exclusion. Finally, it sets out the practical measures for implementation, with specific reference to the dedicated spaces and related security conditions.
To consult the Circular, click here; to read a brief note on one of the most recent judicial orders on the matter, click here.