of Mr. Jerome Aliberti
source:
http://www.vivicorato .com / News / dettaglio_recensioni.aspx? rbval n6ZNrZuqCA8 =% 3D
We are accustomed to hearing about bullying in the workplace, where it is defined as a set of behaviors (psychological abuse, bullying, harassment, demotion and marginalization , humiliation, slander, ostracized, etc..) perpetrated by superiors and / or colleagues in respect of an employee, long-standing and offensive to personal dignity and professional and the mental and physical health of the same. Individual attitudes annoying (or emulators) do not necessarily reach the threshold of the offense nor be in itself unlawful, but on the whole produce serious injury, with consequences for the victim's wealth, his health, his life. This practice is often conducted with the intention of inducing the victim to leave the work itself, so without resorting to dismissal or retaliation as a result of behaviors that are not shared (for example, allegations of irregularities to superiors or outside the place of work), or the refusal of the victim to submit proposals or requests immoral (sexual, to run operations in breach of the prohibitions conduct or ethics, etc.). or illegal.
Less common in the common understanding, but very present, however, society is, the mobbing family to be understood as the totality of the acts and omissions of a spouse to the other, characterized by persecutory or hateful intent and purpose the systematic destruction of the personality of others. These acts, if taken individually, do not necessarily take the size of the irregularity. But taken together have a detrimental cause injury and limit the freedom of self-determination of the spouse. When we talk about bullying, then, we must go beyond physical violence (which itself incorporates the character of the illicit) to encompass all those acts of psychological and emotional, that is, those in the most overt acts that create anxiety and distress, and in the most subtle (and therefore more dangerous because they are not easily recognizable and demonstrable outside) create a kind of helplessness and constriction, leading the victim to a real isolation. Unfortunately, these behaviors, which are undoubtedly a source of existential damage, not easily find the proper sanction, being sometimes even classified as illegal acts or it is not easy to prove the intent (intent) of the behavior of those who fulfilled.
As mentioned, the family bullying can manifest in different forms, from psychological violence that takes the form of threats, insults, humiliations and constant depreciation of the value, and contribute to economic violence which is to deprive the other spouse the freedom to have an economic independence to the point to depend their existence by the other partner, and these acts, as you might guess, are often perpetrated by the husband to his wife, which prevents her from working and therefore have its own source of income or obsessively check all costs incurred by his wife . Another way in which bullying occurs is stalking, which is a set of attitudes held by the husband pursued his wife through an obsessive remote control, with constant phone calls, letters, SMS, e-mail, stalking that generate anxiety and fear, which can come to affect the normal course of daily life.
mobbing behavior in the context of marital conflict can be addressed also to the detriment of children. Bullying is the set of parental behavior, including failure to act, which violates the obligations laid down in Articles 147 and 155 Civil Code. These behaviors can be recognized more often when the couple goes into crisis and leads to separation. Not surprisingly, many authors speak of "infantile" the couple in the process of separation "to describe their attitudes unreasonable that many parents take the aim of damaging the other spouse, without realizing exploit their children for this purpose, causing considerable damage to their psychological level (separated parent syndrome). Therefore, these behaviors fall into the breaches of the obligations of care, education, education, the systematic violation of the obligations of his visit, do not contribute to the maintenance of children, undermine the relationship of the child with their spouse. Through these acts violate the parents the child's right to maintain a balanced and continuous contact with both parents, as established by L.54/2006. Also present at the misconduct of a parent to the other, (as being present during quarrels or assist in physical and psychological violence), to endure the constant denigration and de-legitimization of a parent by the other is a behavior mobbing (mobbing parental mediated).
All of these acts, however, are difficult to form a penalty, because they are often regarded as an expression of conflict during separation of the spouses.
What, then, the real forms of protection? And above all they are really effective? The criminal protection under Article 572 Criminal Code. (Abuse in the family) leads to difficulties in proving the intent (intent) of the acts mobbing, besides the fact that the penalties are low and a prison edital deprive the children of a parent figure. Protection orders against family abuse art. 342 Civil Code. could be considered as an anticipation of the effects of separation, with the result that the system may be sent back to this.
Just request to charge separation is another form of protection, but does not sanction all acts of mobbing which has been subjected. The only form of protection seems to be more effective for the compensation (Article 2043 Civil Code.) But in this case, again, the problems of mobbing behavior test, proof of damages, and the actual payment of the compensation . The new law on custody shared infine, ha introdotto l’art 709-ter Cod. Proc. Civ., ma anche qui si ripropongono le sesse difficoltà che si trovavano con i rimedi ordinari.
Siamo di fronte all’ennesima debolezza del nostro sistema legislativo a cui, solo qualche sentenza innovativa della magistratura riesce a porre un rimedio che però non è del tutto soddisfacente
AVV. GIROLAMO ALIBERTI
C.so MAZZINI 29, 70033 CORATO (BA)
studiolegale.aliberti@hotmail.it
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