Ubeda and Others v. Italy
Authorities’ inadequate response to allegations of domestic violence, leaving a mother and her children to live in a shelter for over three years.
In the case of Ubeda and Others v. Italy, the Court held that there had been a violation of the prohibition of inhuman and degrading treatment and of the right to respect for private and family life of the Convention in relation to the complaints of domestic violence.
The case concerned an alleged failure by the national authorities to duly address and assess allegations of domestic violence. The applicants in the case were a mother and her two children. The mother had lodged a complaint with the police against the father of her children and former cohabitant, alleging that, during their relationship, he had been violent towards her and her children, both physically and psychologically. She and her children were placed in a shelter.
The Court held that the proceedings against the alleged perpetrator had not met the requirements of a prompt, thorough and effective investigation as required under the Convention. In addition, sexist and stereotyped remarks made by the prosecutor had resulted in the applicant being subjected to further victimisation. By keeping the applicants in the shelter for over three years, the authorities had breached their obligation to adopt proportionate measures and to carry out, on an ongoing basis, an assessment of the adequacy and proportionality of that measure.