Better don’t get me started with the Euro Clowns. Yet here they are. With this:
Free speech never features big in the EU/Europe, but this latest ruling of the Euro Clowns at the ECtHR takes the cake. Here part of the abstract:
Among other points, the Court considered the comments regarding the applicant’s bisexuality, her relationships and casual sexual relations prior to the events in question to have been unjustified. It found that the language and arguments used by the court of appeal conveyed prejudices existing in Italian society regarding the role of women and were likely to be an obstacle to providing effective protection for the rights of victims of gender-based violence, in spite of a satisfactory legislative framework.
The Court was convinced that criminal proceedings and sanctions played a crucial role in the institutional response to gender-based violence and in combatting gender inequality. It was therefore essential that the judicial authorities avoided reproducing sexist stereotypes in court decisions, playing down gender-based violence and exposing women to secondary victimisation by making guilt-inducing and judgmental comments that were capable of discouraging victims’ trust in the justice system.
Jonathan Turley has the scoop.
There is an interesting decision out of the European Court of Human Rights. The court fined an Italian court for “playing down gender-based violence” in a ruling on a gang rape case. The ECHR objected to references to the alleged victim’s sexuality, behavior, and the color of her underwear.
The case involved an alleged gang rap by seven men in a car after a party in 2008. The woman was a student who said that she was drunk at the time. The trial court convicted six of the men. However, the appellate court in Florence overturned the convictions in 2015.
What is striking is that the ECHR did not challenge that verdict but objected that the “language and arguments” used by the Florence court “conveyed prejudices existing in Italian society regarding the role of women.”
In the United States, such a fine of a court would be virtually impossible. Judges can obviously be reversed or reprimanded or even brought up on judicial conduct charges. However, the fining of a court is quite extraordinary. Indeed, in the United States, even parties are protected from defamation lawsuits for statements made in court. They are subject to court contempt sanctions.
The ECHR indicates that more such fines could on the way because courts are expected to “avoid reproducing sexist stereotypes” or “playing down gender-based violence and exposing women to secondary victimisation by making guilt-inducing and judgmental comments.”
Full post here.