Ammissibilità della « same matter » davanti al Comitato dei diritti umani delle Nazioni Unite: osservazioni a margine del caso Genero c. Italia

On March 30th, 2020, the UN Human Rights Committee (HRC) adopted its views in an individual communication submitted by Elena Genero against Italy, stating that the State party violated articles 25 (c) and 26 of the International Covenant on Civil and Political Rights (ICCPR) concerning discrimination based on gender, access to public service and equality before the courts and tribunals. Although the considerations on the merits are noteworthy, the communication seems quite significant for the procedural issues raised in the consideration of admissibility. Indeed, the Committee considered the communication admissible even though the “same matter” had been examined and declared manifestly inadmissible by the European Court of Human Rights, deciding in a single-judge formation. The HRC specified that the insufficient motivation of the decision of inadmissibility does not allow to comprehend whether the aspects of merit of the dispute have been taken into consideration and therefore deemed the request admissible.