Credits to
Fabrizio Filice

Criminal law and gender

A necessary interaction to avoid transforming the normative fight against violence and gender hatred from a cultural commitment to one of the most increasingly widespread opportunities to resort to undifferentiated and populist securitarianism.

Issue 9/2019

Abstract. The work intends to focus on the epistemological ambiguity that is becoming increasingly clear in recent years, in the face of legislative choices in the field of legal policy on gender-based violence. The exponential increase of crimes against women, both intra- and extra-familial, and the growing recognition by supranational legal sources of the different forms of violence to which women are statistically disproportionately exposed in relation to men – such as domestic, psychological and economic violence, in addition to the already recognised forms, namely sexual violence – have in fact placed the legislature of the last ten years before a forced intervention for which, however, they have not proven sufficiently equipped. They acted exclusively on repressive terms and completely left out the cultural extent of the gender stereotype which, instead, is the focus of this subject.

This article was submitted anonymously for evaluation by two experts, with a positive outcome.


SUMMARY: 0. Prologue. – 1. Introduction: let’s bring gender discourse back to the right perspective. – 2. Gender as a primary conceptual category and gender-based violence as a follow-on category. – 2.1. Gender identity. – 2.2. The role of gender. – 2.3. Affective and sexual orientation. – 3. The European concept of gender-based violence and gender identity. – 4. Gender identity in the Italian legal system: between political closures and judicial openings. – 4.1. Gender identity from a constitutionally-protected interest to a legal asset. – 5. Gender-based violence as close-proximity violence. – 6. Violence in the crisis of contemporary masculinity. Women and the stereotype of virility. – 7. Men and the stereotype of virility and men. – 8. The genderisation of judicial discourse. – 9. The cultural dimension of the fight against gender-based violence in the recent debate on femicide.  – 10. Concluding remarks on gender self-determination as a constitutional legal asset.


To read the Article, click on “open file”.

To download the motives for the sentence by Cass. pen., sez. I, 5 April 2013 (hearing) – 14 February 2014 (filed), n. 7272, click here.


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