Looking back in anger and forward in trust: the complicate patchwork of the damges regime for infringements of rights in Italy

The essay analyses the regime applicable to damages for infringements of human rights under Italian law, including the treatment of historical injustices. Before focusing on human rights violations, the essay addresses the case of infringement of constitutional rights, underling the different set rules applicable to it. Finally, it remarks the interplay between principles of domestic jurisdiction and international human rights law, with specific attention to the ECtHR case law. The essay argues that the current regime for human rights infringements resembles a complicate patchwork of separated rules, which are also characterised for a “double standard” of protection of rights, foreign States’ violations of human rights deserving a stricter treatment when compared to domestic violations.