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Italian authorities' inaction on serious domestic violence allegations violated the Convention

EUROPE: DOMESTIC VIOLENCE


European Court of Human Rights, judgment, 16 June 2022, De Giorgi v. Italy (Application no. 23735/19).
«The Court found that the Italian authorities had not conducted an assessment of the risk of ill-treatment focused specifically on the context of domestic violence and in particular the situation of the applicant and her children, an assessment which would have warranted concrete preventive measures to protect them from such risk. The authorities had therefore breached their duty to protect the applicant and her children from the husband’s acts of domestic violence. The Court determined that the Italian authorities had taken no action in response to the serious risk of ill-treatment faced by the applicant and her children and had, by their failure to act, created a situation of impunity, with the husband yet to be tried for the injuries inflicted on the applicant in the assault of 20 November 2015 and the investigation into the applicant’s other complaints remaining pending since 2016. The Court also held that the State had breached its duty to investigate the ill-treatment of the applicant and her children, and that the manner in which the domestic authorities had conducted the criminal prosecution in the case also qualified as judicial inaction and could not be regarded as meeting the requirements of Article 3 of the Convention.»

Direct link to the judgment (hudoc.echr.coe.int)
Accès direct au communiqué de presse (hudoc.echr.coe.int)
Direct link to the press release (hudoc.echr.coe.int)

Gender Law Newsletter 2022#03, 01.09.2022