There is no law in Italy that bases “crimes of sexual violence, including rape, on the concept of free consent”. But there is also a need to “improve support services for victims of gender-based violence,” including further training of judicial and law enforcement personnel. Additionally, authorities must guarantee women and girls “free access to sexual and reproductive health services, including abortion care and birth control.” These are the main points of the report on Italy published by Dunja Mijatović, Commissioner for Human Rights of the Council of Europe.
The report examines the situation of rights in our country, with a focus on women, LGBT individuals, immigrants and journalists. There have been many failures, and not just on gender issues. But after the Giulia Cecchettin case and the public debate sparked by these numerous femicides, what is particularly striking is the chapter on violence against women.
Women and violence
The Commissioner welcomes “the progress Italy has made in promoting gender equality and combating violence against women”, but also notes “a clear contrast between the legal framework and the inequalities, discrimination and violence faced by women and girls”. To close this gap, authorities are recommended to first reduce regional inequalities, combat sexism and gender stereotypes, and improve support services for victims of gender-based violence. It also calls for “further efforts to prevent gender-based violence and greater training of judicial and law enforcement personnel to improve the treatment of female victims of gender-based violence and prevent secondary victimization (i.e. behavior that causes further psychological harm to victims).” ).
The report then calls for “stricter enforcement of anti-discrimination laws and greater efforts to improve the socioeconomic status of women.” It also calls on authorities to ensure women and girls have free access to sexual and reproductive health services, including abortion care and contraception, and underlines the need to respect and support women’s rights, dignity and autonomy in maternal health services.
sex without consent
Returning to the issue of violence, the commissioner writes: “The criminal law (…) should be amended to base crimes of sexual violence, including rape, on the concept of free consent”. This is an issue at the heart of the legal debate in Europe. We are not alone in our country, but the definition of sexual violence is based on the use of force. In criminal proceedings, the victim has the burden of proving that the sexual act was coerced “through violence, threats or abuse of authority.” Unfortunately, as various legal cases have shown, there is not always a clear threat behind rape. To classify these cases as rape, we need a law that states that only sex with explicit consent cannot be classified as violence.
Last June, the European Parliament called for such a law to be adopted by all EU countries (a similar law is currently in force in Spain). However, European governments have not yet agreed on this proposal. Even the European Commissioner for Human Rights (an institution distinct from the EU, which is part of the Council of Europe) now supports the need to recognize sex without consent as rape.
Policies regarding immigrants
The report also includes a sweeping rejection of Italy’s immigration policies. “Underlining the need for a common European responsibility to save human lives at sea and acknowledging Italy’s efforts in this sector,” the Commissioner calls on the Italian authorities to guarantee adequate search and rescue capacity and calls for the repeal of laws and policies that hinder this. NGO search and rescue operations”. Cooperation agreements with Libya, Tunisia and Albania are also under attack.
“Given the serious and systematic human rights violations occurring in the country, cooperation activities that directly or indirectly lead to returns to Libya should be suspended,” the report says. It also warned about the risk of human rights violations in the agreements made with Tunisia and Albania and recommended that “Italian authorities should prioritize the improvement of national asylum and reception systems.”
The report also touches on other critical points: The Commissioner recommends decriminalizing defamation in relation to journalists. It is requested that the legislation against discrimination, hate crimes and hate speech regarding LGBTI people be expanded to include the rights of these people.
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Source: Today IT
Karen Clayton is a seasoned journalist and author at The Nation Update, with a focus on world news and current events. She has a background in international relations, which gives her a deep understanding of the political, economic and social factors that shape the global landscape. She writes about a wide range of topics, including conflicts, political upheavals, and economic trends, as well as humanitarian crisis and human rights issues.
