Italy condemned in Strasbourg for violence against women: at least nine violations found
The European Court of Human Rights has condemned Italy at least nine times for inaction, secondary victimisation and sexist stereotypes in the handling of domestic violence cases.
Strasbourg condemns Italy: the Ubeda case and sexist prejudices in the justice system
The European Court of Human Rights has condemned Italy for its handling of a domestic violence case involving Audrey Ubeda, a French national, and her two children. According to the ruling, reported by la Repubblica, Italian authorities failed to guarantee a timely, thorough and effective investigation as required by the European Convention.
At the centre of the ruling is an application for dismissal filed by a prosecutor in Benevento, in which the woman's former partner — identified as G.P. — was effectively cleared with reasoning that the Court defined as "sexist and stereotypical". The prosecutor had dismissed an incident in which G.P. allegedly held a knife to the woman's throat as a "bad taste joke", and had written that it was difficult to prove the absence of consent to sexual intercourse, since "it was normal that men should overcome a minimum level of resistance that every woman tended to put up when she was tired of everyday life and a man made sexual advances to her".
The European Court of Human Rights established that such reasoning reflects "a sexist and stereotypical culture" and shared the concerns expressed by Grevio — the Group of Experts on Action against Violence against Women and Domestic Violence — according to which such stereotypes risk causing victims "to suffer further secondary victimisation in court".
Civil and criminal delays: over three years to revoke parental custody
The application for dismissal had been rejected following objections from Ms Ubeda, and the file was transferred to another prosecutor. The criminal proceedings, however, were neither timely nor thorough: the Court found significant delays that compromised the effectiveness of the investigation. On the civil side, the family court took more than three years to revoke G.P.'s parental responsibility, ignoring the violence allegations in the meantime.
The first instance trial concluded with a conviction of four years and six months for the former partner, who is currently at liberty pending appeal. The Naples Family Court, however, revoked his custody of the two children.
The European Court of Human Rights awarded 15,000 euros each to Audrey and her children for moral damages, plus 15,000 euros in total for legal costs.
Audrey Ubeda's testimony
Audrey Ubeda, 42, born in France to a Spanish father and Neapolitan mother, with a degree in Economics, considers herself Italian in every respect. After being forced to live for several years with her minor children in a protected community for fear of retaliation, she is now rebuilding her life in the Salerno area, where she works for a private company.
"For me it is a turning point, a new beginning, I feel like a Phoenix rising from the ashes," the woman stated. "But the greatest satisfaction is having won a battle in the name of all women, so that a case like the one that upset my life never happens again."
The situation remains precarious nonetheless: no restraining measures have been imposed on the former partner. "In theory he could approach us whenever he wants — Ubeda explained —. To prevent it, we take precautions, for example my fifteen-year-old son stays away from social media." Her commitment against violence against women, she specified, leads her "in silence and living as far as possible from the spotlight".
Despite the difficulties, Ubeda stated that she has not lost faith in the justice system: "I suffered discrimination and delays, but I also met people like prosecutor Marina Colucci, who in Benevento took on my case at second instance and worked with great tenacity and determination." The compensation amounts, expected within a few months, will be partly donated to an organisation in the area that supported her during her judicial proceedings.
Italy condemned at least nine times for domestic violence
According to la Repubblica, the ruling in the Ubeda case is part of a broader picture: the Strasbourg Court has sanctioned Italy at least nine times for violations in the protection of victims of gender-based violence. Recurring shortcomings include inaction by the authorities, secondary victimisation, application of sexist stereotypes and failure to implement existing regulations.
In a previous case, the Court had condemned Italy also for the words of a public prosecutor who had proposed dismissing proceedings for domestic violence on the grounds that "man must overcome the woman's resistance", while at the same time defining the gesture of holding a knife to the throat as a simple joke. In that case too, the reasoning had been rejected as sexist and stereotypical.
Context: femicides and public perception in Italy
In Italy, attention to the issue of femicides remains high, particularly following the case of Giulia Cecchettin. According to a survey conducted by Quorum/YouTrend for Sky TG24, 58% of respondents consider femicides a more serious crime than other murders. The measures deemed most effective in tackling the phenomenon are the teaching of gender equality and affective education in schools, together with harsher sentences. Furthermore, 83% of respondents believe that women should be believed when they report sexual abuse.
Source: la Repubblica