Yes, Italian law provides civil and criminal legal remedies for victims of domestic violence. The crime of domestic violence is the result of two different crimes: personal injury^[1] and maltreatments against family members or cohabitants.^[2] Also, depending on the factual circumstances, the domestic violence may trigger a number of additional crimes.

The victim has the right, but not the obligation, to pursue compensation via the criminal procedure. The majority of crimes against individuals will be prosecuted by the state (i.e. it will not be necessary for the victim to bring the case to trial).The victim may request compensation for any damage suffered (physical, mental, work-related, etc.). The victim may also decide to request damages and compensation before the civil court, but in general this would require a separate proceeding.

In 2019 the Italian legislator amended several provisions on the protection of victims of domestic and gender-based violence to include more forms of domestic violence, such as revenge porn.^[3]

Protection from Domestic violence is not identified as a human right under Italian law but is recognized as such by the Italian Constitution^[8] and by the European Convention on Human Rights (or Carta Europea dei Diritti dell’Uomo, “CEDU”).^[9]

Italy signed the Istanbul Convention on September 27, 2012 and ratified it on June 27, 2013.^[10]

The implementation of the convention ratified it exactly as set out in the convention, enabling a fast incorporation into the Italian system.

Subsequently, the government and Parliament passed further legislation,^[11] which includes certain implementing measures, using a dual-track approach:

1. protection and prevention, through rules aimed at strengthening measures already in place
2. repealing and amending criminal laws that were not in compliance with the convention, including amendments that:

1. acknowledged the importance of so-called "witnessing violence." This is when children are witnesses of the violence being perpetrated by a family member against another family member, for example, by a spouse against the other spouse (intimate partner violence)
2. included two specific aggravating circumstances in the Italian criminal law body, in order to better protect victims of stalking
3. strengthened the rules against the crime of "femicide"
4. acknowledged the seriousness of sexual violence as a manifestation of dominion within relationships or as a stalking tool, following the end of a relationship
5. in line with the Istanbul Convention, aimed at ensuring greater protection for victims both in relation to hearings, which will be protected, and through a system guaranteeing transparency during ongoing investigations and legal proceedings, besides the obligation to inform victims about local support services

Italy ratified the 1979 Convention on June 10, 1985. ^[12] The Italian legislation does not include a specific reference to General Comment No. 35. However, it is worth noting that Italy recently introduced a number of laws aimed at fighting new methods of gender-based violence. By way of example, Law No. 69/2019 introduced new measures aimed at fighting gender-based violence by introducing a number of dispositions in the Italian Criminal Code for punishing new type of crimes, including: (i) violation of the measures of removal from the family home and the prohibition to approach the places frequented by the offended person;^[13] (ii) coercion or induction into marriage;^[14] (iii) revenge porn;^[15] (iv) deformation of the person's appearance by permanent facial injuries.^[16] Law No. 69/2019 further toughens the penalties for all gender-based crimes and establishes some additional measures to support the fight against the domestic violence (e.g., specific training for law enforcement agencies, simplification of some judicial procedures).