Volodina, Article 3, and Russia’s systemic problem regarding domestic violence

By Corina Heri, postdoctoral researcher at the University of Amsterdam ‘When he kills you, come and see us’, police reportedly told the applicant in Volodina v. Russia before proceeding to ignore her allegations of domestic violence. On 9 July, the Third Section found that the respondent State had violated its positive obligations under Article 3 … Continue reading Volodina, Article 3, and Russia’s systemic problem regarding domestic violence

A worrisome reasoning by the Strasbourg Court in a domestic violence case: Kurt v. Austria

By Zane Ratniece On 4 July 2019, a Chamber of the European Court of Human Rights (‘Court’) delivered a judgment in Kurt v. Austria. The case concerned a disturbing situation of domestic violence, which escalated over time and ended with the killing of the applicant’s son by her violent husband. (para. 3) The Chamber found that … Continue reading A worrisome reasoning by the Strasbourg Court in a domestic violence case: Kurt v. Austria

Insulting accusation of domestic violence

By Dirk Voorhoof and Inger Høedt-Rasmussen (*) The European Court of Human Rights (ECtHR), delivered an interesting judgment in the case of Tölle v. Croatia about insulting allegations of domestic violence. In a newspaper article a father accused an association to be responsible for his child’s abduction by the mother. The president of this association … Continue reading Insulting accusation of domestic violence

Aghdgomelashvili and Japaridze v Georgia: a further step in the direction of Article 3’s dignitarian promise?

By Natasa Mavronicola (University of Birmingham) and Laurens Lavrysen (Human Rights Centre, Ghent University) On 8 October 2020, the European Court of Human Rights delivered a judgment in the case of Aghdgomelashvili and Japaridze v Georgia. The case concerns a police raid on the office of an LGBT organization in Tblisi. During this raid, police … Continue reading Aghdgomelashvili and Japaridze v Georgia: a further step in the direction of Article 3’s dignitarian promise?

Cyberviolence, domestic abuse and lack of a gender-sensitive approach – Reflections on Buturuga versus Romania

By Fleur van Leeuwen (Boğaziçi University) ‘The legal system is designed to protect men from the superior power of the state but not to protect women or children from the superior power of men.’ It is a quote from Harvard psychiatrist Judith Herman in an article on domestic violence in the Guardian last weekend. The … Continue reading Cyberviolence, domestic abuse and lack of a gender-sensitive approach – Reflections on Buturuga versus Romania

Positive Obligations in Crisis

Dr Natasa Mavronicola is Reader in Law at Birmingham Law School, University of Birmingham. She has written extensively on the right to life and the right not to be subjected to torture or to inhuman or degrading treatment or punishment. She is co-editor of Lavrysen & Mavronicola (eds), Coercive Human Rights: Positive Duties to Mobilise … Continue reading Positive Obligations in Crisis

Poll: Best and Worst ECtHR Judgment of 2019

Dear readers, As the Grand Chamber made clear in the (in)famous Lautsi case, “the decision whether or not to perpetuate a tradition falls in principle within the margin of appreciation”. Exercising our discretion in this respect, we hereby decide to perpetuate our tradition of celebrating the start of the New Year with the launch of … Continue reading Poll: Best and Worst ECtHR Judgment of 2019

Kurt v Austria: A missed chance to tackle intersectional discrimination and gender-based stereotyping in domestic violence cases

By Lisa Maria Weinberger* On 15 June 2021, the Grand Chamber of the European Court of Human Rights (ECtHR) rendered its judgment on the domestic violence case Kurt v Austria. This case concerned a woman in Austria who experienced domestic violence at the hands of her husband, which resulted in his murdering their son. Based … Continue reading Kurt v Austria: A missed chance to tackle intersectional discrimination and gender-based stereotyping in domestic violence cases