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

Edited by: Elena Brodealǎ, Ivana Jelić, Silvia Şuteu

ISBN13: 9781035346653
To be Published: December 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £100.00



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.

Subjects:
Criminal Law, EU Law
Contents:
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
1. The European Union’s actions in the domain of combating gender-based violence 17
Mathias Möschel
2. Protection against gender-based violence under the European Social Charter 52
Luis Jimena Quesada
3. 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
4. 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
5. 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
6. Choosing form over content: An assessment of domestic violence cases before national courts and the European Court of Human Rights 137
Raluca Bercea
7. The Istanbul Convention in Croatia: Challenges and opportunities in tackling violence against women and
domestic violence 161
Josipa Šarić
8. European human rights law and domestic abuse in the English Family Court: A critical appraisal 180
Aleisha Ebrahimi