Strasbourg Observers

View posts from: Sexual Violence

  • Margarita S. Ilieva

J.L. v. Italy: A survivor of trivictimisation – Naming a Court’s failure to fully (recognize and) acknowledge judicial gender-based revictimisation

September 06, 2021

By Margarita S. Ilieva, a strategic equality/human rights litigator with extensive experience in  negative stereotyping. The violent misogyny case of J.L. c. Italie (27.05.2021) is one of few in which the Court expressly addressed revictimisation (neglectful/actively injurious treatment of a survivor by those expected to address the original harm). Prior cases whereby this concept was […]

  • Guest Blogger

Victims of ‘vulnerability’: Balancing protection, privacy and participation of child victims in X and Others v. Bulgaria

April 26, 2021

By Prof. Dr. Ton Liefaard[*], Jessica Valentine (LL.M)[†] and Lisanne van Dijck[‡] ‘This is a sad case’ begins the joint partly concurring and partly dissenting opinion of Judge Spano and others in the case of X and others v. Bulgaria. The judgment, delivered by a Grand Chamber of the European Court of Human Rights (ECtHR) […]

  • Corina Heri

Vulnerability, Rape, and Coercive Obligations: A Discussion of E.B v. Romania

April 12, 2019

By Corina Heri, postdoctoral researcher at the University of Amsterdam Three years ago, on this blog, Lourdes Peroni wrote about the failings of the domestic response to the alleged rape of an 11-year-old girl in M.G.C. v. Romania. Today, the ECtHR is continuing to apply ‘coercive obligations’ regarding rape and sexual violence, as crystallized by […]

  • Yaiza Janssens

A, B and C v. Latvia: gender-blindness and trivialisation of indecent acts against adolescent girls

May 20, 2016

By Yaiza Janssens Not many ECtHR cases that focus on a possible obligation under Article 8 of the Convention to conduct a criminal investigation and even fewer cases where the facts fall exclusively concern minors. In A, B and C v. Latvia, a Chamber judgment issued on 31 March 2016, the applicants complained that the […]

  • Lourdes Peroni

Clothes on Trial: M.G.C. and the Need to Combat Rape Stereotypes

April 20, 2016

Those who think stereotypical beliefs about rape are a thing of the past will probably be surprised to read the domestic reasoning in cases that have recently reached Strasbourg. Allusions to women’s “immoral” behavior in I.P. v. the Republic of Moldova and insinuations that women should have resisted “by scratching or biting” in Y. v. […]

  • Corina Heri

The Court’s Approach in Y. v. Slovenia, Annotated

June 09, 2015

By Corina Heri This guest post was written by Corina Heri, Ph.D. researcher at the University of Zürich, Switzerland, and visiting researcher at the Human Rights Centre, Ghent University. On the 28th of May, the Fifth Section of the Strasbourg Court issued its judgment in Y. v. Slovenia. The judgment in the Y. case ties in […]

  • Yaiza Janssens

I.P. v. the Republic of Moldova: missed opportunity to tackle rape myths

May 20, 2015

By Yaiza Janssens In the recent case of I.P. v. the Republic of Moldova, the European Court of Human Rights examined state responsibility to establish an effective legal and judicial framework with regard to rape under Articles 3 and 8 of the Convention. In this post, I show that the Court failed to acknowledge that […]