When Gender-Based Violence Becomes Torture: The Case of Women Seeking International Protection in Italy

Women seeking international protection are particularly vulnerable to gender-based violence as well as inhuman and degrading treatments, often as a consequence of the patriarchal structures and societal norms they seek to escape. Such forms of violence may be experienced in the country of origin or throughout their migration process, serving as a driven factor for women to flee their home or may be experienced as further victimization along their migration journey. In this regard, this vulnerability has been the object of several international, regional, and national mechanisms, established with the aim to create qualified supporting mechanisms for victims. This work critically explores the relation between gender-based violence and the crime of torture, often considered as distinct forms of severe human rights violations, but intrinsically interconnected. Furthermore, it investigates, through the reliance on data, academic research, and direct testimonies, how extreme forms of gender-based violence, such as torture, impact these women and their access to protection in Italy, in order to portray the unique and common experiences and struggles they have to endure. The analysis traces the evolution of the legal recognition of these phenomenons as human rights violations from the very beginning of their international recognition to the most recent instruments designed to combat these practices, with a focus on Italy's reception system and efforts to protect women victims of torture and gender-based violence seeking international protection. The national and local protection systems serve as a foundation for developing a reception framework that adequately addresses the specific needs of women. However, the study suggests that significant gaps remain. Many women who are victims of gender-based violence and torture are still not recognized as eligible for international protection. A more gender-sensitive and inclusive approach is essential to prevent further victimization and to ensure adequate assistance and protection for those affected.