The European Court of Human Rights has ruled that Italy violated Articles 3 and 8 of the European Convention on Human Rights in the case of Scuderoni v. Italy. The applicant, alleged systematic domestic abuse by her former partner, G.C., and contended that Italian authorities failed to protect her and her child despite multiple complaints.
The applicant separated from G.C. in 2017 but continued to reside in the same home with their son. Between 2018 and 2019, she filed numerous civil and criminal complaints detailing psychological and physical abuse, harassment, and threats, supported by medical reports and evidence from criminal investigations. She also sought protective measures and sole use of the family home. While the civil court ultimately granted her sole use of the home and established contact rights for G.C., her request for a protection order was rejected, and criminal proceedings resulted in G.C.’s acquittal four years later.
The Court found that the national authorities had failed to provide adequate protection. Despite clear evidence of a real and immediate risk, civil proceedings were delayed for nine months, the protection order was refused without a risk assessment, and criminal complaints were not promptly registered. No comprehensive assessment of the risk to the applicant or her child was conducted, reflecting a lack of diligence. The Court further noted that the authorities treated repetitive domestic violence as isolated incidents or mere “family disputes,” failing to consider the totality of abusive behaviour, including psychological, physical, economic, and cyber-related harassment. The criminal proceedings, which spanned four years under multiple judges, concluded with G.C.’s acquittal, undermining the seriousness of the allegations and the applicants credibility.
The European Court emphasised that domestic violence constitutes a serious violation of women’s rights and requires a prompt, victim-centred, and risk-informed response by national authorities. By failing to act effectively and in a timely manner, Italy breached its procedural obligations under Articles 3 and 8 of the Convention, highlighting the critical need for robust protective measures and diligent investigation in cases of domestic abuse.