Rimedi risarcitori, tutela indennitaria e violenza di genere

The article examines compensatory and indemnity remedies for victims of gender-based violence, highlighting the central role of civil law in addressing phenomena not always typified by criminal law. The Istanbul Convention of 2011, ratified in Italy through Law No. 77/2013, and Directive 2004/80/EC constitute the primary normative references for ensuring compensation and indemnities, also recognizing state liability in cases of failure to fulfill the duty of protection. The study analyzes the delayed implementation of Directive 2004/80/EC into the Italian legal system, culminating in Law No. 122/2016 and its subsequent amendments, emphasizing the inadequacy of indemnity amounts and the exclusion of several forms of gender-based violence from state protection. Moreover, the judgment of the Court of Justice of the European Union dated 16 July 2020 is examined, which established the criteria of fairness and adequacy for indemnities, thereby limiting the legislative discretion of Member States. Finally, the article proposes a series of interventions aimed at expanding the scope of compensatory claims and increasing indemnity amounts, in order to align with European and international standards and to address the current shortcomings, which risk leaving victims without adequate protection, thereby exacerbating their vulnerable condition.