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Violenze in Famiglia E Molestie Sul Lavoro: Aspetti Socio-Criminologici E Giuridici Nell’Ordinamento Italiano E Francese

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Violenze in Famiglia E Molestie Sul Lavoro: Aspetti Socio-Criminologici E Giuridici Nell’Ordinamento Italiano E Francese Alma Mater Studiorum – Università di Bologna DOTTORATO DI RICERCA IN CRIMINOLOGIA con la co-tutela dell’Université de Toulouse 1, France Ciclo XXIII Settore Concorsuale di afferenza: 14 /C1 Violenze in famiglia e molestie sul lavoro: aspetti socio-criminologici e giuridici nell’ordinamento italiano e francese. Domestic violence and harassment at work: socio-legal and criminological aspects in the Italian and French legal system. Presentata da: FLORIO MARIA Coordinatore Dottorato Relatore Prof. Roberta Bisi Prof. Raffaella Sette Esame finale anno 2012 Tavola 1 : Tavola delle principali abbreviazioni ALMA Allo Maltraitance Personnes Ages (et Handicapée depuis 2007) ASE Aide sociale à l’enfance Cass. Pen. Cassazione penale Corte Cost. Corte Costituzionale c.c. Codice Civile c.p. Codice Penale c.p.p. Codice di procedura penale C.P. Code Pénal C.P.P. Code Procédure penale ENVEFF Enquête nationale sur les violences envers les fammes en France ESG Enquête Sociale Générale, Statistique Canada IHESI Institut des Hautes Etudes de Sécurité Intérieure INHES Institut National des Hautes Etudes de Sécurité INSEE Institut National de la Statistique et des Etudes Economiques ODAS Observatoire décentralisé de l’action sociale OND Observatoire National de la Délinquance Riv. it dir e proc. pen. Rivista italiana di diritto e procedura penale 1 Sommario INTRODUZIONE ............................................................................................. 10 Progetto della tesi. ................................................................................ 10 Metodologia ed obiettivi della ricerca. .................................................. 11 PARTE PRIMA ................................................................................................. 13 SEZIONE PRIMA ......................................................................................... 14 CAPITOLO I ................................................................................................. 14 Spiegare la violenza : prospettive teoriche. ........................................................ 14 Le radici della violenza. ........................................................................ 14 Teorie evoluzionistiche. ........................................................................ 15 La funzione della coppia. ................................................................. 15 Il ruolo della famiglia. ...................................................................... 16 Teorie psicologiche. ............................................................................. 17 Teorie psicoanalitiche . .................................................................... 17 Teorie dell’apprendimento sociale. ................................................... 17 Teorie sociologiche. ............................................................................. 18 Le teorie socio-strutturali. ................................................................ 19 L’ineguaglianza di genere . .......................................................... 19 L’ineguaglianza economica. ........................................................ 19 La disorganizzazione sociale. ...................................................... 20 Teorie ecologiche. ............................................................................ 20 L’ecologia umana. ....................................................................... 20 L’ecologia sociale........................................................................ 20 Teorie antropologiche: l’etnosociologia ........................................... 21 Teorie sistemiche. ................................................................................. 22 La teoria dei sistemi. ........................................................................ 22 Il sistema familiare violento. ............................................................ 22 CAPITOLO II ................................................................................................ 24 Conoscere le molestie : un fenomeno poliedrico. ............................................ 24 2 Le molestie nell’ordinamento italiano. .................................................. 24 La definizione di molestia. ............................................................... 24 Le molestie dell’art. 660 del codice penale. .......................................... 24 Un fenomeno più ampio : dalla famiglia al lavoro................................. 26 CAPITOLO III ............................................................................................ 28 Le molestie in famiglia ................................................................................... 28 Evoluzione socio-culturale dell’istituzione della famiglia. .................... 28 La violenza nell’ambiente familiare. ..................................................... 31 La violenza nascosta. ....................................................................... 31 La violenza fisica. ............................................................................ 32 I maltrattamenti fisici. ................................................................. 32 Il ciclo della violenza. .................................................................. 32 La violenza psicologica. ................................................................... 33 Le violenze morali . ..................................................................... 33 Il Gaslighting o manipolazione perversa. ..................................... 33 La violenza economica. .................................................................... 34 Il maltrattamento dei minori. ................................................................ 35 La violenza fisica. ............................................................................ 35 La violenza sessuale sui minori. ....................................................... 36 Il maltrattamento psicologico. .......................................................... 36 La violenza assistita. ........................................................................ 37 Il maltrattamento degli anziani e dei disabili. ........................................ 38 Il maltrattamento degli anziani. ........................................................ 38 Il maltrattamento dei disabili. ........................................................... 41 Il maltrattamento degli uomini. ............................................................. 41 I risultati di una ricerca canadese. ..................................................... 43 Stalking o atti persecutori. .................................................................... 44 Le normative straniere sullo stalking. ............................................... 46 La normativa italiana sullo stalking .................................................. 47 CAPITOLO IV .............................................................................................. 51 Le molestie in famiglia in Francia: L’ harcèlement familial. ......................... 51 3 Evoluzione socio-culturale dell’istituzione della famiglia in Francia. .... 51 La definizione di violenza..................................................................... 52 La violence dans le couple. ................................................................... 53 La violenza fisica. ............................................................................ 53 La violenza psicologica. ................................................................... 54 La violenza sessuale ......................................................................... 56 La violenza economica ..................................................................... 56 Il processo di condizionamento. ....................................................... 57 Il maltrattamento dei minori. ................................................................ 59 Tipologia di maltrattamenti. ............................................................. 59 La violenza assistita. ........................................................................ 61 La resilienza. .................................................................................... 62 Il maltrattamento degli anziani e dei disabili. ........................................ 64 Il maltrattamento degli anziani. ........................................................ 64 Le violenze in famiglia..................................................................... 65 Il suicidio degli anziani. ................................................................... 66 Il maltrattamento dei disabili. ........................................................... 67 Il maltrattamento degli uomini. ............................................................. 69 Le harcèlement criminel, la traque. ....................................................... 71 Considerazioni sulla violenza in famiglia. ............................................. 72 CAPITOLO V ................................................................................................ 77 La normativa italiana sulla violenza in famiglia. ............................................ 77 La legislazione italiana a tutela della famiglia. ...................................... 77 I delitti contro l’assistenza familiare. .................................................... 77 Abbandono di persone minori od incapaci e circonvenzione di incapaci............................................................................................ 80 I delitti contro l’autorità delle decisioni
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