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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.
Edited by Elena Brodealǎ, University of Kent, UK, Ivana Jelić, European Court of Human Rights, France and Silvia Şuteu, European University Institute, Italy
ContentsForeword xiiAcknowledgments xviIntroduction to Violence Against Women under EuropeanHuman Rights Law 1Elena Brodealã, Ivana Jelicì, and Silvia ȘuteuPART I VIOLENCE AGAINST WOMEN UNDEREUROPEAN HUMAN RIGHTS LAW:SUPRANATIONAL STANDARDS1 The European Union’s actions in the domain of combatinggender-based violence 17Mathias Möschel2 Protection against gender-based violence under theEuropean Social Charter 52Luis Jimena Quesada3 An overview of the European Court of Human Rights’case law on domestic violence as a form of gender-baseddiscrimination 68Ayşe Işıl Karakaş4 The nexus between gender, family law, and domesticabuse: progress and future challenges for the EuropeanCourt of Human Rights 84Shazia ChoudhryPART II VIOLENCE AGAINST WOMEN UNDEREUROPEAN HUMAN RIGHTS LAW:NATIONAL REALITIES5 Russia, domestic violence, and barriers to sexdiscrimination cases at the European Court of HumanRights, 1998–2021 114Valerie Sperling and Lisa McIntosh Sundstrom6 Choosing form over content: an assessment of domesticviolence cases before national courts and the EuropeanCourt of Human Rights 137Raluca Bercea7 The Istanbul Convention in Croatia: challenges andopportunities in tackling violence against women anddomestic violence 161Josipa Šarić8 European human rights law and domestic abuse in theEnglish Family Court: a critical appraisal 180Aleisha EbrahimiIndex 215
‘The book is much needed in a time of backlash on women’s rights. It not only provides an important European human rights legal perspective, but also proposes a pan-European focus with prospects of resistance to backlash, and digs effectively into the complex interplay between supranational legal instruments and domestic law.’