International Planned Parenthood Federation – European Network (“IPPF EN”) v. Italy, Italy, European Court of Human Rights, 2013.
Italian government’s failure to take measures to ameliorate the less favorable treatment suffered by women falling into certain vulnerable categories with respect to access to abortion services was a violation of Article E (prohibition of direct and indirect discrimination) of the Revised European Social Charter (the “Charter”) in conjunction with Article 11 (right to protection of health) of the Charter. IPPF EN complaint stated that the high number of medical personnel electing to be conscientious objectors resulted in the violation of the rights of women to have access to procedures for the termination of pregnancy, thus violating their right to protection of health. Committee finds that certain categories of women in Italy are subject to discrimination in the form of impeded access to lawful abortion facilities as a combined effect of their gender, health status, territorial location and socio-economic status. Committee finds that Italian authorities should have adopted the necessary measures to compensate for deficiencies in service provisions caused by health personnel choosing to exercise their right to conscientious objection to performing abortions.
Mrs. X v. Italy, Italy, Civil Court, 2013.
The applicant, a Nigerian born woman, is granted refugee status based on the absence of protection for violence against women generally in Nigeria, as well as her specific experience with gender-based violence. In 2010, applicant was, without her consent, taken to Libya where she was subject to forced prostitution and violent attacks which included removal of applicant’s nails and hair. Applicant was then transferred to Italy where she was applied to the Territorial Commission for international protection. Her application was denied and she appealed to the Tribunale di Cagliari to overturn the Territorial Commission’s decision. The Tribunale di Cagliari found that the applicant’s subjective credibility should have been considered, along with the objective facts available regarding the dire situation for women in Nigeria, and that the Territorial Commission’s findings were invalid because her application for international protection was not translated to a language that she was able to understand.
M. and Others v. Italy and Bulgaria, Italy, European Court of Human Rights, 2012.
In May 2003, a Roma family with Bulgarian nationality traveled to Italy with a promise of work in a villa. M.’s parents alleged that they were threatened and forced to return to Bulgaria, leaving M.—their 17 year old daughter—in the villa, where she was raped and beaten. M.’s mother returned to Italy on 24 May and reported to the police that her daughter had been kidnapped. M. was rescued from the villa seventeen days later, on 11 June 2003. No criminal proceedings were taken against M.’s kidnapper but the police instituted proceedings against M.’s parents for perjury and libel, believing that the accusations of kidnapping were untrue and that M.’s parents had contracted to marry M. to the alleged kidnapper for a sum of money. The European Court of Human Rights found a violation of Article 3—prohibition of ill-treatment—in the investigation of rape and beating by the Italian authorities, which it ruled was ineffective. The Court found no violation of Article 3, however, in the steps taken by the police to secure the release of M.
Seferovic v. Italy, Italy, European Court of Human Rights, 2011.
The detention pending deportation of a woman who had recently given birth found to be unlawful and violated Article 5 § 1 (f) and Article 5 § 5 (right to liberty and security) of the European Convention on Human Rights. In September 2000, the applicant, a woman from Bosnia and Herzegovina, applied to the Italian authorities for refugee status. The application was not forwarded to the competent commission because it contained formal defects. On September 26, 2003 the applicant gave birth to a child, who died a few days later at the hospital. Then, on November 11, 2003 the police served her with a deportation order and transferred her to a holding center pending such deportation that the applicant's placement and detention had been in breach of Italian immigration law no. 286 of 1998, which provided that her deportation should have been suspended until six months after she had given birth (March 26, 2004), regardless of the fact that the baby had died. In March 2006, the Rome Civil Court granted Ms Seferovic refugee status. In addition, by way of just satisfaction, the government was required to pay the applicant 7,500 euros (EUR) for non-pecuniary damage for her unlawful detention as there was no redress available under Italian law.
Boso v. Italy, Italy, European Court of Human Rights, 2002.
In 1984, Ms. Boso, an Italian citizen who is married, decided to have an abortion despite her husband’s opposition. Mr. Boso initiated a suit against his wife claiming that the termination deprived the unborn child of its right to life. He also challenged the constitutionality of Italian legislation which provided that women could unilaterally decide whether to have an abortion. The European Court of Human Rights dismissed the complaint which alleged that the termination of a pregnancy by the applicant´s wife violated the right to life under the Convention and also his rights under Articles 8 and 12 of the Convention. The Constitutional Court dismissed the complaint on the grounds that the decision to grant the mother full responsibility was logical given the effects of pregnancy, both physical and mental, on the pregnant woman. Mr. Boso’s appeal to the Venice District Court alleging violations of Article 2, 8 and 12 of the Convention was also dismissed. The applicant’s final appeal to the Court of Cassation, again on constitutional and convention grounds, was similarly dismissed.
Commission of the European Communities v. Italian Republic, Italy, European Court of Justice, 1983.
The Commission brought an action against the Italian Republic that they failed to properly implement legislation adopting Directive 76/207. The Commission argues that the Italian government did not properly implement certain requirements, such as equal working conditions, into national law. The Court notes that Article 189 of the EEC Treaty permits a country to implement its own form of legislation. There is no infringement of Directive 76/207 if the national law lets anyone bring the matters covered under the Directive before the courts. So the Court found for the Italian Republic.