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European Court of Human Rights sanctions Italy for breach of respect for private life

On 27 May 2021, the European Court of Human Rights (ECHR) condemned Italy for "language and arguments that convey the prejudices about the role of women that exist in Italian society".

The case concerns the 2015 ruling on appeal acquitting seven men for an alleged group-rape that took place in Florence in 2008. The alleged victim, J.L., appealed to the ECHR, complaining that the Italian authorities had failed to protect her right to respect for private life (Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms) during the criminal trial.

The Strasbourg Court recognised a violation by the Florence Court of Appeal of the right to respect for private life, underlining that the reference to the clothing the applicant was wearing on the evening of the event, as well as the remarks about her sexual orientation, were unjustified and inappropriate.

The judges emphasised that judicial authorities should avoid reproducing sexist stereotypes in their judicial decisions, which could damage confidence in the judicial system and thus hinder the effective protection of the rights of victims of gender-based violence.

The Court's judgment (J.L. c. ITALIE (coe.int)) as well as the press release (Arrêt J.L. c. Italie - allégations d'agression sexuelle en réunion et acquittement des agresseurs présumés (coe.int)) are available.

headline Strasbourg 27 May 2021
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