Tesi etd-05072026-175744
Link copiato negli appunti
Tipo di tesi
Corso Ordinario Ciclo Unico 5 Anni
Autore
GANDOLFI, MARTINA
URN
etd-05072026-175744
Titolo
'Naming and Shaming' from Criminological Analysis to Normative Design: The Challenges of Criminalising 'Harm' in Cyberspace in the context of Cyber Gender-Based Harm
Struttura
Classe Scienze Sociali
Corso di studi
SCIENZE GIURIDICHE - SCIENZE GIURIDICHE
Relatori
tutor Prof. DI MARTINO, ALBERTO
relatore Prof.ssa FIORINELLI, GAIA
relatore Prof.ssa FIORINELLI, GAIA
Parole chiave
- Criminal Law
- Criminalisation
- Cyberspace
- Directive EU/1385/2024
- Gender-Based Crime
- Legislative drafting
- Normative Design
- Principle of Harm
- Principle of Legality
- Principle of Offensiveness
- Principle of Specificity
- Principles of European Criminal Law
- ‘Serious harm’ requirement.
Data inizio appello
08/06/2026;
Disponibilità
parziale
Riassunto analitico
This paper examines the challenges of criminalising ‘cyber gender-based harm’ within the broader ‘continuum’ (Kelly, 1988) of gender-based violence, which unfolds ‘Onlife’ (Floridi, 2015) – across both online and offline dimensions. In Chapter I, it highlights how this continuum, on the one hand, and the distinctive modalities of harmful conduct in cyberspace, on the other, complicate legislative choices and the identification of appropriate criminal law responses. Drawing on statistical and criminological studies, this work outlines the disproportionate impact of such harm on women and how these offences extend beyond individual wrongs, undermining women’s equal participation in democratic ‘onlife’. Therefore, it points to the need for conceptual clarity in defining – hence ‘naming and shaming’ – emerging forms of abuse. Particular emphasis is placed on the specific nature of harm in digital environments, characterised by its diffusivity, persistence, and ‘echo effect’, which amplify both the reach and the severity of victimisation.
Against this background, in Chapter II, this study reflects on the role played by principles of European criminal law – particularly legality, ‘specificity’, and the harm principle – in shaping legislative drafting and normative design choices, and applies these considerations to the design and structuring of principled and coherent penal responses to ‘cyber gender-based harm’. It situates this analysis within the framework introduced by Directive (EU) 2024/1385, which, in seeking to harmonise national approaches by establishing a common minimum threshold, introduces the requirement of ‘serious harm’, a threshold which raises significant conceptual and practical difficulties. The paper argues that this requirement, while intended to provide guidance to national legislators, risks generating uncertainty and inconsistency in both legislative drafting and judicial application, thereby undermining the very objectives of harmonisation.
Finally, Chapter III problematises the reference to the notion of ‘harm’ itself, by underlying its tautological use in legislative drafting and its procedural consequences, including risks of secondary victimisation, while reflecting on the challenges of coherent national transposition.
Against this background, in Chapter II, this study reflects on the role played by principles of European criminal law – particularly legality, ‘specificity’, and the harm principle – in shaping legislative drafting and normative design choices, and applies these considerations to the design and structuring of principled and coherent penal responses to ‘cyber gender-based harm’. It situates this analysis within the framework introduced by Directive (EU) 2024/1385, which, in seeking to harmonise national approaches by establishing a common minimum threshold, introduces the requirement of ‘serious harm’, a threshold which raises significant conceptual and practical difficulties. The paper argues that this requirement, while intended to provide guidance to national legislators, risks generating uncertainty and inconsistency in both legislative drafting and judicial application, thereby undermining the very objectives of harmonisation.
Finally, Chapter III problematises the reference to the notion of ‘harm’ itself, by underlying its tautological use in legislative drafting and its procedural consequences, including risks of secondary victimisation, while reflecting on the challenges of coherent national transposition.
File
| Nome file | Dimensione |
|---|---|
Ci sono 1 file riservati su richiesta dell'autore. |
|