The application of restorative justice in cases of violence against women: challenges and opportunities in the Italian context

Abstract

The choice made by the Italian legislator, through the so-called Cartabia reform, to render restorative justice pathways accessible to all individuals and at every stage of the criminal proceedings – without any restriction based on the nature or severity of the offence – has reignited the debate regarding their suitability in cases of violence against women, particularly in the context of intimate partner violence. This paper, informed by selected criminological perspectives, seeks to argue that the concerns – albeit entirely legitimate – raised by various stakeholders should not result in categorical prohibitions within the field under consideration, but rather in the careful assessment of the specificities of each case and in the enhancement of a series of safeguards and precautions, many of which are already provided for by the basic principles of restorative justice and the new legislative framework.