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Protection from gender-based violence before the European Court of Human Rights
[journal article]
Abstract Despite the lack of specific provisions in the European Convention on Human Rights regarding gender-based violence, the European Court of Human Rights has developed a substantial body of case-law in this area. It has been done through the interpretation and application of a number of provisions in t... view more
Despite the lack of specific provisions in the European Convention on Human Rights regarding gender-based violence, the European Court of Human Rights has developed a substantial body of case-law in this area. It has been done through the interpretation and application of a number of provisions in the European Convention on Human Rights that are relevant to gender-based violence. This paper provides a review of the approach of the European Court of Human Rights in cases concerning gender-based violence. Namely, it is evident that a remarkable spate of cases dealing with gender-based violence is considered by the European Court of Human Rights, which provides very solid protection in this field. However, it seems that certain aspects of the case-law on gender-based violence are somewhat inconsistent. In this sense, having in mind that the judgments of the European Court of Human Rights are the main guidelines for the States in fulfilling their obligations arising from the Convention, it is very important for the Court to fully clarify its approach in this regard.... view less
Keywords
European Court of Justice; human rights convention; jurisdiction; violence; gender-specific factors; woman
Classification
Law
Free Keywords
Gender-Based Violence; Istanbul Convention
Document language
English
Publication Year
2020
Page/Pages
p. 71-88
Journal
Journal of Liberty and International Affairs, 6 (2020) 2
DOI
https://doi.org/10.47305/JLIA2020071r
ISSN
1857-9760
Status
Published Version; peer reviewed