PROTECTION FROM GENDER-BASED VIOLENCE  BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS Cover Image

PROTECTION FROM GENDER-BASED VIOLENCE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS
PROTECTION FROM GENDER-BASED VIOLENCE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS

Author(s): Jelena Ristik
Subject(s): Gender Studies, Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, EU-Legislation, Court case
Published by: Institute for Research and European Studies - Bitola
Keywords: Gender-Based Violence; Violence against Women; European Convention on Human Rights; European Court of Human Rights; Istanbul Convention

Summary/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 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.

  • Issue Year: 6/2020
  • Issue No: 2
  • Page Range: 71-88
  • Page Count: 18
  • Language: English
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