Obblighi degli Stati in materia di abusi sessuali su minori e margine di apprezzamento: il caso D.K. c. Italia

• TERESA CATALANO ^[1]
  1. [1] University of Bari Aldo Moro

     University of Bari Aldo Moro

     Bari, Italia

     
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 5, 2023, págs. 1129-1141
• Idioma: italiano
• Enlaces
  • Texto completo (pdf)
• Resumen

  • OBLIGATIONS OF STATES REGARDING CHILD SEXUAL ABUSE AND MARGIN OF APPRECIATION: CASE OF D.K. V. ITALY In this judgment, the European Court on Human Rights was called upon to decide whether the exclusion of the ex officio prosecution of child sexual abuse constituted a violation of the positive, substantive and procedural obligations deriving from art. 3 of the European Convention on Human Rights. The applicant also asked the Court to ascertain whether the non-retroactivity of Law No. 66 /1996 constituted an infringement of art. 3.

    The ruling is very interesting because it deepens the obligations arising from the European Convention on Human Rights on a very topical issue such as child abuse. A further noteworthy aspect is the use of the margin of appreciation in a case in which the obligation has an absolute character such as the prohibition of torture.