Vittimizzazione secondaria: inappropriata valutazione del rischio, inattendibilità della “PAS” e operatività dello stereotipo di genere (nota a Corte EDU, sez. I, 10 novembre 2022 - ric. n. 25426/20 - causa I.M. e altri c. Italia)

The case concerned the allegation by the applicants, a mother and her two children, that the Italian State had failed in its duty to protect and assist them during contact sessions with the children’s father, a drug addict and alcoholic accused of ill-treatment and threatening behaviour during the sessions. The Court found that the sessions had upset the children’s psychological and emotional balance, as they had been obliged to meet their father in an environment where their protection was not guaranteed. Their best interest in not being compelled to take part in sessions held in such conditions had thus been disregarded. The case also related to the decision of the domestic courts to suspend the mother’s parental responsibility. The courts regarded her as a parent who was “hostile to contact with the children’s father”, on the grounds that she had refused to take part in the sessions, citing a history of domestic violence and safety concerns.