From the protection of vulnerability to the recognition of migrant women's rights: Italian jurisprudence on the Council of Europe Convention on preventing and combating violence against women and domestic violence.

Note to judgment, Ordinary Court of Bologna, Specialized Section on Immigration, International Protection and Free Movement of EU citizens, February 1, 2021, no. R.G. 11436/2020.

Abstract

The Bologna Immigration Court’s decision adopts a gender perspective on migration, underscoring that violence against women constitutes a violation of human rights. The Court ruled on gender violence by a decision – one of the first of its kind - facing the legal issues raised after the change of art. 19 d.lgs 286/1998 by d.l. 130/2020. One of the debated issues is the respect of the constitutional and international obligation of the State as non – refoulement obligation. Because of this obligation, the Court needs to apply the Council of Europe convention on combating violence against women and domestic violence, human rights’ instrument to protect, still not deeply explored by national jurisprudence.

Keywords: gender-based violence, Istanbul Convention, non-refoulement, migrant women, human rights.