Just another murder or gender-based violence? A commentary on Civek versus Turkey

By Fleur van Leeuwen, LL.M. Ph.D., human rights researcher and lecturer.

On 14 January 2011 Selma Civek was murdered by her husband. It was the denouement of years of battering and abuse. Last week the European Court of Human Rights (the Court) ruled that Turkey had violated Civek’s right to life. It deemed it unnecessary to examine the alleged violation of article 14 of the Convention: the prohibition of discrimination. Although the Court found that Turkey had violated the Convention and ordered the state to pay compensation, the judgment is very disappointing. The Court did not question the role that Civek’s gender played in the case and therefore ignored the gendered reality of domestic violence and the particular response that is needed to tackle this widespread human rights problem. Instead, it dealt with the case in a gender-neutral fashion, treating Civek’s death as it would any other murder, focusing on the question whether the authorities knew or could have reasonably known that Civek’s life was in danger and – if so – acted with due diligence. What is even more disquieting is that the Court observed – without any apparent reason – that domestic violence not only affects women but also men and children and thus seemed to second – once more – to the worrisome ambiguity regarding the nature of domestic violence as a (non)-gendered human rights issue that also entered the text of the Convention on Preventing and Combating violence against women and domestic violence (the Istanbul Convention).

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New ECSR decision on conscience-based refusals protects women’s right to access abortion

Guest post by Katrine Thomasen, Legal Adviser for Europe, Center for Reproductive Rights. The Center for Reproductive Rights together with the Swedish Association for Sexuality Education (RFSU) submitted joint observations to the ECSR regarding the complaint.

The European Committee of Social Rights (Committee) recently rejected a complaint filed by the Federation of Catholic Families in Europe (FAFCE) against Sweden that claimed health professionals are entitled to deny women legal abortion services based on claims of personal conscience. In dismissing each one of FAFCE’s claims, the Committee reaffirmed women’s right to access reproductive health services and upheld Sweden’s robust legal and policy framework that protects these rights. The decision reinforces previous jurisprudence from the European Court of Human Rights that women’s access to reproductive health care may not be jeopardized by health care professionals’ personal refusals to provide relevant services.

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S.A.S. v. France: Missed Opportunity to Do Full Justice to Women Wearing a Face Veil

By Saïla Ouald Chaib and Lourdes Peroni

This week, the Grand Chamber of the European Court of Human Rights published its long-expected judgment in S.A.S. v. France. The case concerns a ban on the wearing of face veils in the public space. Although the outcome of such highly debated cases is always unpredictable, we hoped that the Court would take this opportunity to bring procedural and substantive justice to the women wearing a face veil in Europe.[1] Alas, the Court disappointingly decided the case by granting a wide margin of appreciation to France and by consequently not finding a violation of any of the ECHR provisions invoked, in particular freedom of religion, the right to private life and non-discrimination. At the same time, however, the judgment contains some positive aspects, namely respect for several requirements of what is known as “procedural justice” and departure from previous case law portraying Muslim women as oppressed. In this post, we share our first impressions on what we think are some positive and negative aspects of the Court’s reasoning. Continue reading

Nel nome del padre (in the name of the father): the Court on the transmission of the father’s surname (Cusan and Fazzo v. Italy)

This guest post was written by Yaiza Janssens, PhD researcher and teaching/research assistant at the Human Rights Centre of Ghent University. Yaiza works on a project on the regulation of sexism in Belgian Law.

Cusan and Fazzo v. Italy concerned a challenge to transmission of the father’s surname to his children. The applicants in this case are an Italian married couple who – by mutual agreement – wanted to enter their daughter on the civil register under her mother’s family name, Cusan. The Italian authorities dismissed their request and the child was registered under her father’s name, Fazzo.

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S.A.S. v. France: A short summary of an interesting hearing

On Wednesday, our research team attended the Grand Chamber hearing at the European Court of Human Rights in the case of S.A.S. v. France, in which we submitted a third party intervention on behalf of the Ghent University Human Rights Centre. The case concerns the French law banning the face veil, a highly debated piece of legislation, which was also obvious from the amount of international press covering the hearing. I will first briefly discuss the content of our third-party intervention and then turn to a summary of the hearing which left a positive impression on us.

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C.N. v. United Kingdom: the Court addresses domestic servitude

Amongst all the rightful concerns about the Strasbourg Court’s case-overload, I often find myself wondering about the cases that the Court isn’t getting. Some structurally occurring human rights violations aren’t receiving the attention of the Court – at least not in any amount that is proportionate to their scale. Domestic violence against women is one example, as is trafficking and domestic servitude. There is an extremely worrying dearth of judgments on these issues.

C.N. v. the United Kingdom, a case about a woman who was held in domestic servitude, is therefore a welcome ruling. This is just the fourth judgment in which the Court finds a violation of the prohibition of slavery, forced labor and servitude (Article 4 ECHR).[1] In this post I will highlight the most salient aspects of the Court’s reasoning. Continue reading

P and S v. Poland: adolescence, vulnerability, and reproductive autonomy

The Strasbourg Observers are delighted to publish this guest post by Johanna Westeson, Regional Director for Europe, Center for Reproductive Rights. The Center for Reproductive Rights represented the applicants in P and S v. Poland before the ECtHR; see the Center’s press release here.

This week, the European Court of Human Rights issued its decision in P and S v. Poland, a case of a Polish teenager who became pregnant as a result of rape and was humiliated, harassed, and manipulated in her quest for a legal abortion. Building on the landmark cases against Poland’s restrictive abortion practice, Tysiąc v. Poland (2007) and R.R. v. Poland (2011) (see blog posts here and here), this judgment further clarifies the Court’s stance that reproductive health services that are legal must also be accessible. It also develops important reasoning on the vulnerability of young rape victims as well as their right to personal autonomy in matters of reproductive choice. The Court establishes that P and S had been subjected to several violations of their rights under Article 8, Article 5, and Article 3. This is a groundbreaking case, particularly in regard to the sexual and reproductive rights of adolescents. It opens the door to legal challenges to regimes that restrict young people’s reproductive self-determination, such as parental consent laws and strict procedural requirements to prove rape as a requirement for access to legal abortion. Continue reading