J.L. v. ITALY - 5671/16 (Judgment : Preliminary objection joined to merits and dismissed : First Section) French Text [2021] ECHR 444 (27 May 2021)

J.L. v. ITALY - 5671/16 (Judgment : Preliminary objection joined to merits and dismissed : First Section) French Text [2021] ECHR 444 (27 May 2021)

The Court found that, although the Italian authorities conducted a thorough investigation and trial and took measures to protect the applicant during proceedings, the reasoning of the Court of Appeal contained language and stereotypes that contributed to the applicant's secondary victimisation. This constituted a...

Source-derived case information.

Citation
[2021] ECHR 444
Parties
Applicant: J. L.; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment on Merits and Preliminary Objection
Outcome
Violation of Article 8 found; preliminary objection dismissed
Legal Topics
Right to Respect for Private and Family Life, Sexual Violence, Secondary Victimisation, Gender Discrimination, Positive Obligations of the State, Fair Trial, Protection of Victims
Human Rights Law Criminal Law Right to Respect for Private and Family Life Sexual Violence Secondary Victimisation Gender Discrimination Positive Obligations of the State Fair Trial +1 more

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Parties

J. L.

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment on Merits and Preliminary Objection

  1. 1 Whether the Italian authorities fulfilled their positive obligations under Article 8 of the Convention to protect the applicant from sexual violence and secondary victimisation
  2. 2 Whether the applicant was subjected to gender-based stereotypes and moralising judgments in the reasoning of the domestic courts, amounting to secondary victimisation
  3. 3 Whether there was a violation of Article 8 (right to respect for private life) and Article 14 (prohibition of discrimination)

Ratio Decidendi

The Court found that, although the Italian authorities conducted a thorough investigation and trial and took measures to protect the applicant during proceedings, the reasoning of the Court of Appeal contained language and stereotypes that contributed to the applicant's secondary victimisation. This constituted a failure to fulfil the State's positive obligations under Article 8 to protect the applicant's personal integrity and private life. The preliminary objection was joined to the merits and dismissed.

Court Disposition

Violation of Article 8 found; preliminary objection dismissed

Orders

  • The State is to pay the applicant EUR 12,000 in respect of non-pecuniary damage.
  • The State is to pay the applicant EUR 4,000 in respect of costs and expenses.