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A recent ruling by the European Court of Human Rights (Vučković v. Croatia, judgment of 12 December 2023) draws attention to a complex issue that is increasingly debated in criminological literature, one that could be encapsulated by the term “feminist penal populism”. In essence, the question arises as to whether the penal-populist discourse that characterises contemporary criminal justice systems has also influenced the feminist agenda, leading to two potential consequences. On the one hand, it may foster social acceptance of neo-retributive perspectives, legitimising incarceration as the only means of achieving justice – even among movements traditionally aligned with progressive political positions. On the other hand, it risks weakening the transformative potential of gender policies.

After highlighting how democratic societies are undergoing a punitive shift, one that is also reflected in certain positions taken by the ECtHR on violence against women, this article will explore the intersection of criminal justice and gender issues, drawing on Anglo-American scholarship on feminist penal populism. Expanding the scope of analysis to contemporary forms of populism that view feminism as a threat to social order will, in turn, allow for the identification of three competing trends shaping the political agenda: anti-feminist populism, punitive feminism, and anti-punitive feminism. This interpretative framework will provide insights into the Italian context, offering a more nuanced reading than that afforded by the sole concept of feminist penal populism.

This article has been published in Italian in GIURISPRUDENZA ITALIANA (ISSN 1125-3029), Vol. 176:4 (2024), pp. 980-988.