PRESS RELEASE

The (non) recognition of domestic violence in civil and juvenile courts

22 September 2021 - 15 pm
Webinar on Zoom

with registration at the link https://us06web.zoom.us/webinar/register/WN_YVxJBtFgQgqLh8Or5x9yGw

Why in civil and juvenile courts violence in intimate relationships and violence witnessed by boys and girls are not taken into consideration in determining the decisions of the magistrates?

What can and should be done urgently for avoid continuing secondary victimization what affects women who have been subjected to violence and their sons and daughters, made victims a second time in proceedings for separation and custody of children?

Il 22 September at 15, D.i.Re organize the webinar The (non) recognition of violence in civil and juvenile courts and invites the ministers of justice to answer these questions Martha Cartabia and equal opportunities Elena Bonetti, the senator Valeria Valente, president of the Commission of Inquiry into Femicide, Carla Garlatti, Guarantor for children, Monica Velletti, magistrate, Gianmarco Gazzi, president of the CNOAS, National Council of the Order of Social Workers, Tweety Carrano, civil lawyer of the Advocate Group of D.i.Re.

The meeting introduces the President of D.i.Re Antonella Veltri and the criminal lawyer leads the conversation Elena Biaggioni, contact person of the Advocate Group of D.i.Re.

The webinar takes a cue from the survey of the same title conducted among the lawyers of the anti-violence centers belonging to the network, edited by Titti Carrano and Elena Biaggioni, by Paola Sdao for data processing and with the contribution of the lawyers Ethel Carri and Maria Cristina Cavaliere, who examined the judicial proceedings in civil courts and for minors in the period included between 1 January 2017 and 30 June 2019.

"This meeting wants to do a step forward in view of the reform of the justice system that the government is preparing to launch, for which we have made numerous focused requests on the effective application of the Istanbul Convention, which has been a law since 2014 and which continues not to be cited as a regulatory reference in the decisions adopted by the civil and juvenile courts, as shown by the survey conducted by D.i.Re”, Says the President of D.i.Re Antonella Veltri.

The survey The (non) recognition of violence in civil and juvenile courts highlighted a severe underestimation of domestic violence in civil and juvenile court proceedings:

  • Despite the lawyers have filed documentation proving the violence suffered by the woman and the violence witnessed by minors (allegations) - or rather complaints (in 94,4% of cases), reports (100%), precautionary measures issued in criminal proceedings (98,1%), indictment decrees (96,3%), convictions (88,9%), reports of anti-violence centers (63%) - the 42% of the lawyers reports that violence is only minimally recognized and only the 22% of the lawyers declares that the protected encounters between the abusive father and the children are organized in such a way as to protect the mother.
  • Neither the Juvenile Court nor the Ordinary Court use risk assessment tools.
  • In '88,9% of cases before the ordinary Court and in 51,9% of cases at the Juvenile Court shared custody between parents is arranged even in the presence of complaints, reports, precautionary measures issued in criminal proceedings, indictment decrees, convictions and reports from anti-violence centers.
  • Il 74,1% of the lawyers declares that parental alienation (PAS) or other manipulative behaviors on the part of the mother are mentioned in the reports of the expert witnesses, technical office consultancy, which in 94% of they do not ask questions about the violence suffered and / or witnessed. But in all cases the judge, having acquired the report of the expert witness, assumes in its provision (definitive or interlocutory) the suggestions proposed by the CTU, without subjecting the expert report to any critical judgment.
  • In 70,4% of the cases in the ordinary Court and even in the 90,7% of the cases at the Juvenile Court was placed the assignment to social services that, in 70% of cases, invite parents to a path of family mediation, prohibited by Article 48 of the Istanbul Convention.

 

Info

join the webinar you must register by filling out the form available at the link:

https://us06web.zoom.us/webinar/register/WN_YVxJBtFgQgqLh8Or5x9yGw

Il detailed program of the event may be downloaded here.

Press office D.i.Re

Cristiana Scoppa, cell. 339 1488018, scoppa@direcontrolaviolenza.it