The European Court of Human Rights has condemned Italy for its handling of a case of domestic violence, deeming the authorities' response to a case of domestic violence to be insufficient and late. woman who had reported her husband.
At the heart of the decision is the case of Ubeda and Others v. Italy, involving a French woman residing in Italy and her children. According to the Court, the proceedings were not handled with the necessary speed, care, and effectiveness, resulting in a form of secondary victimization.
Strasbourg judges also criticized the use of arguments considered sexist and stereotypical, especially in the assessment of complaints of domestic and sexual violence. Such reasoning, according to the Court, reflects a culture that must be overcome in the courts.
The ruling also reminds Italian institutions of the need to better understand the dynamics of domestic violence, avoiding decisions that minimize the risk or shift the burden of the situation onto victims.
Particular attention was also paid to the protection of minors: the Court noted lengthy waiting times and insufficiently thorough assessments in decisions regarding parental responsibility.
With this ruling, the ECHR recognized the violation of the fundamental rights of women and children, underlining the importance of a more timely, effective, and gender-bias-free judicial response.
The decision represents a strong reminder of the need for strengthen the protection of victims and to combat all forms of stereotypes in proceedings relating to violence against women.