Di violenza di genere e di giustizia riparativa

Per l’avvio di una riflessione che guardi oltre l’esistente

Abstract

Through the adoption of a critical perspective on the contemporary use of criminal law for educational purposes and on the legislature’s choice to provide a predominantly punitive response to the commission of an offense, the paper examines the phenomenon of gender-based violence and the newly introduced restorative justice. In the first paragraph, the issue of gender-based violence is explored through an analysis that begins with the first wave of the feminist movement and extends to the present day; in the second paragraph, the focus shifts to restorative justice, highlighting the forces that have favored its emergence and the main legislative choices made within Legislative Decree no. 150/2022, which established it in Italy. Only in the final pages of the paper are the two topics brought together, and an attempt is made to investigate the following question: is it desirable, as well as appropriate, that in Italy victims and persons identified as perpetrators of crimes that are expressions of gender-based violence be granted access to restorative justice programs as well? What are the implications?

Editor’s note: The text was written prior to the promulgation of Law no. 181 of 2 December 2025, “Introduction of the crime of femicide and other legislative measures to combat violence against women and to protect victims.”