“Regarding the international protection of foreigners, pursuant to Articles 3 and 60 of the Istanbul Convention of 11 May 2011 on preventing and combating violence against women and domestic violence, acts of domestic violence also fall within the scope of inhuman or degrading treatment referred to in Article 14(b) of Legislative Decree No. 251 of 2007 for the purposes of granting subsidiary protection, so it is the judge’s duty to assess concretely whether, even in the presence of a threat of serious harm by a 'non-state actor,' pursuant to Article 5(c) of the cited decree, such as the applicant’s husband, the country of origin is able to provide adequate protection to the woman.”
“Regarding international protection, under Article 3(b) of the Council of Europe Convention on preventing and combating violence against women and domestic violence, the term 'domestic violence' refers to all acts of physical, sexual, psychological, or economic violence occurring within the family or household, or between current or former spouses or partners, regardless of whether the perpetrator of such acts shares or has shared the same residence as the victim. Therefore, the recognition of subsidiary protection under Article 14(b) of Legislative Decree No. 251 of 19 November 2007 must be ensured for the applicant, as she would be at risk of suffering serious harm in the form of inhuman or degrading treatment if returned to her home country.”
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