Approaches of the European Court of Human Rights to claims of domestic violence against women

Many studies have looked into domestic violence but very few have considered women’s knowledge and perception about their rights. This study aims to examine the main sociocultural factors behind domestic violence against women with an emphasis on the power of the knowledge and perception of the women about their international and constitutional rights. Quantitative data collected in 2015 in the regions of East and Southwest Burkina Faso is used in this paper. Multivariate logistic regression is implemented to take into consideration the net effects of each factor when controlling the effects of other covariates. Results of this paper can be used to implement actions against domestic violence in the zone of intervention of the Program of Sexual Health and Human Rights project.

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A Critical Assessment of Turkey’s Positive Obligations in Combatting Violence against Women: Looking behind the Judgments

Muslim World Journal of Human Rights ◽

10.1515/mwjhr-2021-0016 ◽

2021 ◽

Vol 0 (0) ◽

Author(s):

Devran Gülel

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Gender Equality ◽

Violence Against Women ◽

Critical Assessment ◽

Due Diligence ◽

European Court ◽

Regional Organisations ◽

The Government ◽

Istanbul Convention

Abstract After almost two decades in power, R. T. Erdoğan and his Justice and Development Party (AKP) have established authoritarian and Islamist governance in Turkey, which has adversely affected gender equality and women’s rights. So much so, that in 2009 the European Court of Human Rights acknowledged that there is a climate conducive to domestic violence in Turkey (Opuz v. Turkey). Despite Erdoğan withdrawing Turkey unconstitutionally from the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), the government cannot withdraw from the state’s duty to protect its citizens from the criminal acts of private individuals. By using international and regional organisations’ approaches to positive obligations and due diligence as a measure, the article addresses whether Turkey is fulfilling its duty of protecting women from the violent conduct of others. It is concluded that the government is failing in its positive obligations and instead, is reinforcing the climate through its discourse and practices that strengthen a national tolerance of violence against women and the national authorities’ reluctance to address it, thus allowing for impunity of its perpetrators.

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Violence as Violation: Understanding Domestic Violence against Women as a Matter for Human Rights

Women’s Social Rights and Entitlements ◽

10.1007/978-1-349-73033-9_9 ◽

2006 ◽

pp. 155-179 ◽

Cited By ~ 1

Author(s):

Audrey Guichon ◽

Rebecca Shah

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Violence Against Women ◽

Domestic Violence Against Women

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The Istanbul Convention: A Genuine Confirmation of the Structural Nature of Domestic Violence against Women within a Human Rights Law Framework?

Preventing Sexual Violence ◽

10.1332/policypress/9781529203769.003.0009 ◽

2020 ◽

pp. 131-148

Author(s):

Gizem Guney

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Violence Against Women ◽

International Human Rights Law ◽

Human Rights Law ◽

Domestic Violence Against Women ◽

Structural Nature ◽

First Time ◽

Historical Nature ◽

Istanbul Convention

This chapter analyses the recently adopted Istanbul Convention in the special context of domestic violence against women. Before the adoption of the Convention, human rights bodies developed several approaches in order to address the issue in particularly last three decades. However, all these developments occurred within existing, mostly gender neutral and non-binding human rights law instruments, particularly in Europe. This picture has been reversed entirely by the adoption of the Istanbul Convention. For the first time in Europe, the Convention gave legally binding status to the fact that domestic violence in its nature is a manifestation of historically unequal power relations between women and men and therefore prevalent. This affirmation of the historical nature of the problem is strengthened through its 4(P)s structure bringing detailed measures to be taken by state parties to eliminate the problem. This chapter argues that the Istanbul Convention constitutes the strongest confirmation of the ordinary and structural nature of the problem of domestic violence against women within international human rights law.

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Cases of the European Court of Human Rights Significant for European Integration of Ukraine: Levchuk v. Ukraine, Judgment of 3 September 2020 (Final on 3 December 2020): Case Commentary

NaUKMA Research Papers Law ◽

10.18523/2617-2607.2020.6.73-76 ◽

2021 ◽

Vol 6 ◽

pp. 73-76

Author(s):

Pavlo Pushkar

Keyword(s):

Domestic Violence ◽

Human Rights ◽

European Integration ◽

Violence Against Women ◽

Case Law ◽

Point Of View ◽

Council Of Europe ◽

European Court ◽

Legal Mechanism ◽

Istanbul Convention

The decision of the Strasbourg Court in the Levchuk case is important from the point of view of Ukraine's European integration prospects: first, from the point of view of the judicial system's response to domestic violence; secondly, from the point of view of the basic legislation concerning the possibilities of the state's response to these manifestations and the available means of protection. Thirdly, this concerns the ratification of the Istanbul Convention (Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence), which entered into force on 1 August 2014, since Ukraine signed the Convention but has not yet done so. party in the absence of ratification of the Convention. It is clear that the future actions proposed by the Ukrainian authorities should be based on the established case law of the European Court of Human Rights, as well as on other international legal instruments, including the Istanbul Convention, which was signed but not ratified by Ukraine. Last but not least is the recognition of the Istanbul Convention as one of the key elements of the EU's foreign, and therefore domestic, policy as a legal mechanism for systematically combating domestic violence.

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VIOLÊNCIA DOMÉSTICA CONTRA MULHER- UMA MUDANÇA DE COMPORTAMENTO FORÇADO PELA HISTÓRIA

Revista Científica Semana Acadêmica ◽

10.35265/2236-6717-208-9265 ◽

2021 ◽

Vol 9 (208) ◽

pp. 1-22

Author(s):

RENATIELY OLIVEIRA DE CARVALHO

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Violence Against Women ◽

Domestic Violence Against Women ◽

Gender Perspectives ◽

Violencia Domestica

This article aims to study domestic violence against women based on Law 11.340 / 06, known as the Maria da Penha Law on some gender perspectives on domestic violence, because there is so much domestic violence against women, there are studies by the foundation Perseu Abramo that approximately every 30 seconds a woman in Brazil is the victim of some type of violence, these are alarming numbers and Brazil has already been condemned in the UN cedaw committee for violating the human rights of women with a view to these numbers high and what can be done to address this problem. Obviously to face it is necessary to understand and that is why this article will address some of the reasons that justify the existence of so much domestic violence against women and initially it is important to understand what gender means and how this concept of income influences the problem of domestic violence against women. the woman.

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