The sexist culture

The European Court of Human Rights has ordered Italy to pay compensation to Audrey Ubeda, a French national who endured domestic abuse with her Italian husband in southern Italy. The court ruled that the handling of her case reflected a sexist and stereotypical culture within Italian authorities, which could lead to further victimization of domestic abuse survivors in legal settings. Audrey Ubeda and her Italian husband lived in southern Italy with their two children, born in 2011 and 2014. In April 2021, after years of suffering, she reported her partner to the police for domestic violence against her and her children. She alleged that the ex-partner had repeatedly harassed her and once threatened her with a knife in front of two other people. Following the report, she was subjected to multiple instances of loss of freedom and restrictions, including being placed under the care of a shelter for victims of domestic violence. There, she and her children stayed in a 15-square-meter space for three years, with their movements strictly controlled according to a rigid schedule. They were not allowed to return to France to visit their grandparents. Throughout this period, the ex-partner did not show any remorse. In 2021, the local prosecutor, who took over her case, proposed dismissing the charges, arguing that the threats with the knife were merely “innocent jokes” and that physical abuse toward the children fell within normal boundaries and served a disciplinary purpose. The prosecutor added that it was difficult to determine whether there had been sexual assault, noting that “for men, it is usually considered necessary to overcome some resistance that every woman typically shows when tired from daily life, and when a man tries to initiate a sexual relationship.” This comment sparked widespread outrage in Italian society regarding the judicial approach to sexual and domestic violence. The prosecutor’s proposal was rejected, and another individual took over the case, leading to the accused being sentenced to four and a half years in prison at the first instance. The accused appealed the decision to a higher court. In 2024, Audrey Ubeda filed a complaint against Italy with the European Court of Human Rights, highlighting the three-year stay in the shelter and the judicial treatment of allegations of sexual misconduct. The court found that the behavior of the state prosecutors reflected a “sexist and stereotypical culture,” warning that such stereotypes could result in additional victimization of domestic abuse survivors even within legal proceedings. It also noted that the prolonged stay in the shelter had serious consequences for the mental and physical well-being of the children, effectively limiting their fundamental rights and freedoms. Based on these findings, the court ordered Italy to compensate Audrey Ubeda and her children for the improper handling of their case, awarding them a total of 60,000 euros. The ruling sets an important precedent for similar cases where victims of domestic abuse, often women, face further victimization by official institutions. It also raises questions about how such issues might be addressed in Slovenia and other countries facing similar challenges.