Supreme Court: refugee status for a trafficking victim

Previous judgments that attributed tacit consent to the prostituted woman have been overturned: this must be excluded when there is physical and psychological violence. Even if translated into the neutral language of law, women's work opens up new avenues
Please be aware that the translation of contents, although automatic, has a cost to Feminist Post but is provided to you without any charge. Please consider making a contribution via the "Support us" page if you intend to use our translation service intensively.
The contents of this site are translated using automatic translation systems without the intervention of professional translators.
Translations are provided for the sole purpose of facilitating reading by international visitors.
Share this article

The Court of Cassation's judgment 676/2022 granted refugee status to a woman who had been trafficked (and prostituted).

In the third instance it was overturned the structure of previous judgments that attributed to the woman a tacit consent to the exercise of prostitution, thus the inexistence of the state of necessity that preludes the granting of refugee status (temporary, it should be stressed). In fact, it is said that consent cannot be considered as such in a condition of physical and psychological violence inherent in the ways of traffickers.

The judgment in its wording opens up a concrete perspective in the enforceability of women's rights, although it never - and necessarily - refers directly to the sources (the indications of the Istanbul Convention, the Elvira Reale's scientific work on psychological violence and several feminist appeals for the protection of immigrant women). Sexual language is never used, and on the contrary, it always maintains the neutral language of law and the universalistic direction of the conclusions (so much so that reference is made to trans and homosexual men).

Thanks to a woman a way forward is opened for all those men and women who seemed to be excluded from refugee status. 

Many of us have long argued that despite the 'neutral' framework of immigration laws, it can be a sexuation of reception policies was immediately implemented, once the institutional inability to remove women and children from organised crime networks was recognised. This judgement shows that, despite a general blind approach, women's work, in unexpected ways, opens up doors.

For example, in the cases of gang rapeThe discouraging length of the trial process is largely due to the ascertainment of the consent of the victim, who evidently could not give it except, in some cases, because he was extorted and induced by fear and the desire for the torture to finally end.

Interesting that it comes incorporated the principle of non-subjective vulnerability, but induced by the prostitution network. This question is more dense than it might appear: it is in fact closely related to being born a woman. It is women as such who are manipulated already at the point of entry into trafficking, simply because they are women and therefore 'inherently' destined for the prostitution market.

Politicians no longer deal with the application of the Merlin Law, they apply the Istanbul Convention little and badly. This ruling gives women a chance, but also - above all - a chance to make a difference.inadequacy of male politics.

Stefania Cantatore


Much of the news published by Feminist Post you will not read elsewhere. That is why it is important to support us, even with a small contribution: Feminist Post is produced solely by the voluntary work of many people and has no funding.
If you think our work can be useful for your life, we will be grateful for even the smallest contribution.

You can give us your contribution by clicking here: Patreon - Feminist Post
   - or -
You can send to: ASSOCIAZIONE CULTURALE BLU BRAMANTE
Obligatory reason: FEMINIST POST
IBAN: IT80C0200812914000104838541
You might also be interested in
28 July 2022
Petrillo's stolen records: 'But I also won as a man'. Is this true? Here's the fact-checking
While the Olympic Committee announces a change in the guidelines on the participation of male bodies in women's sports, Valentina born Fabrizio Petrillo aspires to participate in the Paralympic Games in the women's category. To those who accuse her of wanting to win easily, she replies that she was winning even before the transition. But this is not the case: here is an analysis of Petrillo's times and how they are evaluated in the male and female categories respectively
After the international federations of swimming, cycling and other sports, even the Olympic Committee is backtracking on the 'inclusive' sport of male bodies in women's sports. Francesco Ricci Bitti at the head of ASOIF, the association that brings together the international federations of summer Olympic sports, announced at a recent conference the need to review the current rules on the participation of transgender athletes, especially MtF, men who 'identify as women'. Francesco Ricci Bitti said, "According to the human rights approach [...]
Read now
25 July 2022
Open field, closed lists
The tiger's eye does not want to see that you can reassemble and recombine the line-up all you want, but if the faces and names remain the same you have very little credibility. And if the only goal recognisable to most of the electorate is to bar the way for your political opponent - for once a woman, which makes it all the more surreal - your chances of success are not very good.
Work is in progress on the construction of the large rassemblement or open camp (the wide one has been discontinued). The discussion is only between men (with the partial exception of Emma Bonino) and the cement that holds the coalition project together is 'stopping Meloni': there is little discussion of political programmes, and what Calenda, Fratoianni and Di Maio may have in common is all to be understood. Observers and sociologists of politics scoff to point out that building a project 'against' [...].
Read now
20 July 2022
Where is the Casa delle Donne in Rome going?
'The House we are all' reads the beautiful slogan of the historic enclave in Trastevere. But in that space, which is public and should be open, the#039;agibility is only transfeminist. And after the uncritical support for the Zan ddl -to stop feminicides-, the yes to the 'uterus for rent' and to 'sex work', now also the hymn to male ultra-bodies in women sports: maybe it is time for a reflection
The International House of Women in Rome agrees with the University of Pennsylvania's proposal to name Lia Thomas 'Woman Athlete of the Year'. Lia Thomas, of whom we have spoken several times here, is the famous swimmer who has repeatedly beaten her opponents competing in the women's categories, but who has at least had the merit of finally exploding the issue of male ultra-athletes in women's sports. The post shared by the International House of Women, a confusing little treatise on intersectional feminism, [...].
Read now
5 July 2022
Mayor Beppe Sala's 'gift' to Pride
From now on, in Milan, the birth certificates of children of 'homogenous couples' will be automatically registered, including those born from surrogacy. Although the law and subsequent rulings firmly condemn the practice and point the way to 'adoption' for the 'intended' parent. But the registry office is the responsibility of the State, not of local administrations. And the Milanese have never been asked about it: all the critical aspects of a unilateral and very glamorous decision that could also present profiles of unconstitutionality
'We have restarted the recognition of children born in Italy by homogenous couples': the words with which Mayor Beppe Sala announced his personal 'gift' to Pride initially caused some confusion. In fact, children born 'in Italy' on the initiative of - and not 'by' - same-sex couples are only the children of women united with other women. The children of male couples are born in Canada, California or other procreative tourism destinations, but not in Italy [...].
Read now
29 June 2022
School ends, forced withdrawals of children begin again
Despite a recent ruling by the Supreme Court of Cassation defining the forced removal of minors as 'outside the rule of law', this morning in the province of Lodi an 11-year-old boy was snatched from his mother, who was forcibly and deceptively detained while her son was taken. Here is how the events unfolded in the account of a witness
This morning in the province of Lodi, in Casalmaiocco, an 11-year-old boy, Gioele, was forcibly snatched and suddenly and traumatically removed from the mother with whom he was living. Here are the facts as told by a MaternaMente activist present at the time: 'Deborah and her son had been summoned for a meeting by the social services this morning. The meeting took place online and the SS used reassuring tones. The mother then went to the municipality to [...].
Read now
11 June 2022
A letter to the editor of Repubblica. To explain to him what a woman is
Reactions from readers - and also readers - to Michela Marzano's unacceptable text according to which anyone is entitled to call herself a woman, and if a woman has something to object to, she is a TERF are multiplying. Here is Alessia Teani's open letter to Maurizio Molinari
Dear Director Maurizio Molinari, I take the liberty of writing to you directly because you have dared to call me a TERF from the pages of your newspaper. You said it to me, to my mother, to my good grandmothers. You have called my granddaughters, my pupils, my friends TERF. You, Mr. Molinari, are calling TERF to all the women who, upon entering the women's locker room, do not expect to see a naked man, with all the arrogance that your well-meaning [...]
Read now
1 2 3 ... 12