Anti-violence law in Italy between reforms empowerment and self-criticism need

Abstract

The contribution preliminarily outlines the evolution of Italy’s anti-violence legislation, analyzing the various dimensions through which the Italian legal system has responded to the substantive and procedural challenges posed by gender-based violence against women. Within this framework, Law No. 69/2019 (the “Red Code”) and Law No. 168/2023 represent only the most recent “islands” of a broader “legislative archipelago” in which, as emphasized by the Supreme Court, legal practitioners are called to navigate. The analysis encourages a focused reflection—free from purely theoretical digressions—on the structural limits of the legal system, emphasizing the need for institutional self-criticism repeatedly urged by the monitoring bodies of binding international conventions for Italy, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Istanbul Convention. Furthermore, the contribution examines the sanctions imposed on Italy by the European Court of Human Rights, highlighting the persistent shortcomings in the practical implementation of legislative provisions, especially with regard to the protection of victims exhibiting forms of discrimination intersecting with their gender.

The paper aims to demonstrate that, despite an extensive normative framework, a significant gap remains—documented by women’s experiences and the data gathered by anti-violence centres—between the formal dimension of legal provisions and their actual effectiveness. Echoing the concerns expressed by the European Court of Human Rights, it advocates for systemic measures, including coordinated training and awareness initiatives jointly developed with civil society actors such as anti-violence centres, feminist shelters, and organizations promoting women’s rights.