Violence against women between law and practice: how the Ecthr jurisprudence has been contributing to design the national political and legal framework in Italy and France

This thesis examines the phenomenon of violence against women under international human rights law, analyzing the gap between legal standards and their domestic practical implementation in the prevention, investigation and sanctioning of gender-based violence. It further focuses on the role of State responsibility and the jurisprudence of the European Court of Human Rights in shaping national policies. Through a comparative analysis of cases concerning Italy and France decided by the European Court of Human Rights, the research pays particular attention to the concepts of due diligence, structural discrimination and institutional shortcomings in addressing violence against women. Through a multilevel governance framework, the thesis explores the interaction between international, European and national legal and policy systems and assesses the impact of the Court’s case law on domestic legal reforms and public policies. The research ultimately aims to contribute to a deeper understanding of the challenges and prospects in ensuring effective protection of women’s rights in the European context.