Credits to
Sofia Ciuffoletti

No Country for Women in Detention

Right to self-determination for women subjected to deprivation of liberty and conscientious objection by magistrates.
An analysis of Cassazione S.U. 3780/21

Issue 3/2021

Abstract. The paper dicusses the decision of the Italian Court of cassation on the subject of disciplinary sanctions of the judiciary, in particular on the decision of the Surveillance Judge of Brescia to reject (without legal reasoning) the application of a woman, subject to home detention, requesting the authorization to leave her home to undergo an intervention of termination of pregnancy. In particular, the decision of the Court of cassation allows to discuss the right to justice and defence of persons serving sentences and, in particular, the right of self-determination and the right to health of women deprived of their liberty. Lastly, the judges’ “right to conscientious objection”, as claimed by the Surveillance judge of Brescia himself in the second decision in which he dismissed the case, will be critically analysed.

SUMMARY: 1. Prologue. Per aspera ad aspera. – 2. Episode I: the first decision. Dignity and self-determination. – 2.1. First stasimon: the protection of the right of defence during the execution of a sentence. – 3. Episode II: the second measure, or how to “make things right”. – 3.1. Second stasimon: between conscience and caution. The judge’s right to conscientious objection. – 4. Epilogue. «Crime is male, sin is female».


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


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