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Violence Against Women under European Human Rights Law: From Supranational Standards to National Realities

Violence Against Women under European Human Rights Law: From Supranational Standards to National Realities

Author: Elena Brodealǎ; Ivana Jelić; Silvia Şuteu
Publisher: Edward Elgar Publishing
ISBN: 9781035346653
Published In: December 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This timely book analyzes recent developments and key questions related to violence against women under European human rights law, including the European Convention of Human Rights, the European Social Charter and EU Law instruments. It examines supranational standards and their complex interplay with national legal orders and realities.

Combining academic, judicial and policy-making experience, the editors bring together a wide-ranging team of experts in the field to bridge the gap between theory and practice. They assess the situation of violence against women under European human rights law and explore solutions to the recent domestic backlash against the advancements made in this area, such as the adoption of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention). The authors draw on their knowledge and experience to provide valuable insights into the challenges associated with preventing and combating violence against women and domestic violence, phenomena amplified by the COVID-19 pandemic that deserve special and immediate attention. Adopting a critical approach in their assessment of the law, they identify research gaps and future directions for the protection of women from domestic abuse and other forms of violence.

Multi-faceted and rigorous in its analysis, this book is a significant addition to the library of scholars in human rights, public international law, criminal law and justice, family law, and gender studies. It is also a crucial resource for human rights lawyers, gender equality activists, and other practitioners working in the area.

Foreword xii

Introduction to Violence Against Women under European Human Rights Law 1

Elena Brodealã, Ivana Jelicì and Silvia Șuteu

PART I. VIOLENCE AGAINST WOMEN UNDER EUROPEAN HUMAN RIGHTS LAW: SUPRANATIONAL STANDARDS

The European Union’s actions in the domain of combating gender-based violence 17

Mathias Möschel

Protection against gender-based violence under the European Social Charter 52

Luis Jimena Quesada

An overview of the European Court of Human Rights’ case law on domestic violence as a form of gender-based discrimination 68

Ayşe Işıl Karakaş

The nexus between gender, family law and domestic abuse: Progress and future challenges for the European

Court of Human Rights 84

Shazia Choudhry

PART II. VIOLENCE AGAINST WOMEN UNDER EUROPEAN HUMAN RIGHTS LAW: NATIONAL REALITIES

Russia, domestic violence, and barriers to sex discrimination cases at the European Court of Human

Rights, 1998–2021 114

Valerie Sperling and Lisa McIntosh Sundstrom

Choosing form over content: An assessment of domestic violence cases before national courts and the European Court of Human Rights 137

Raluca Bercea

The Istanbul Convention in Croatia: Challenges and opportunities in tackling violence against women and

domestic violence 161

Josipa Šarić

European human rights law and domestic abuse in the English Family Court: A critical appraisal 180

Aleisha Ebrahimi

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