Hardback
Violence Against Women under European Human Rights Law
From Supranational Standards to National Realities
9781035346653 Edward Elgar Publishing
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.
More Information
Critical Acclaim
Contents
More Information
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.
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.
Critical Acclaim
‘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.’
– Sara De Vido, Ca’ Foscari University of Venice, Italy
‘This is an excellent volume on the use of human rights to combat violence against women. Insightful and sophisticated, this is a high quality resource for everyone working in this field.’
– Jonathan Herring, University of Oxford, UK
‘Brodeală, Jelić and Șuteu have managed to bring together contributions from authors with both practical experience and theoretical knowledge. The book presents critical analyses of national legal systems’ redressal of gender-based violence by considering the implementation of international law (particularly the ECHR, European Social Charter and Istanbul Convention). It is mandatory reading for anyone who seeks to work towards the elimination of gender-based violence.’
– Helen Keller, University of Zurich, Switzerland
‘This impressive volume explores how European human rights law is influencing national strategies to prevent violence against women. Written by expert academics and practitioners, it breaks new ground in analysing the state of the law in this vitally important area of human rights concern - and discusses what more the European human rights framework needs to do.’
– Colm O’Cinneide, University College London, UK
– Sara De Vido, Ca’ Foscari University of Venice, Italy
‘This is an excellent volume on the use of human rights to combat violence against women. Insightful and sophisticated, this is a high quality resource for everyone working in this field.’
– Jonathan Herring, University of Oxford, UK
‘Brodeală, Jelić and Șuteu have managed to bring together contributions from authors with both practical experience and theoretical knowledge. The book presents critical analyses of national legal systems’ redressal of gender-based violence by considering the implementation of international law (particularly the ECHR, European Social Charter and Istanbul Convention). It is mandatory reading for anyone who seeks to work towards the elimination of gender-based violence.’
– Helen Keller, University of Zurich, Switzerland
‘This impressive volume explores how European human rights law is influencing national strategies to prevent violence against women. Written by expert academics and practitioners, it breaks new ground in analysing the state of the law in this vitally important area of human rights concern - and discusses what more the European human rights framework needs to do.’
– Colm O’Cinneide, University College London, UK
Contents
Contents
Foreword xii
Acknowledgments xvi
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
Index 215
Foreword xii
Acknowledgments xvi
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
Index 215
