{"title":"Tkhelidze v. Georgia: Domestic Abuse and the European Court of Human Rights","authors":"R. McQuigg","doi":"10.1163/22131035-11010002","DOIUrl":null,"url":null,"abstract":"\n On 8 July 2021, in Tkhelidze v. Georgia, the European Court of Human Rights (ECtHR) added to its growing body of jurisprudence on domestic abuse. This case is noteworthy as being the first decision of the ECtHR on this issue since the Grand Chamber issued its judgment in Kurt v. Austria, the only domestic abuse case to date which has been heard by the Grand Chamber. In its judgment, the Grand Chamber set out a number of general principles to be applied in such cases, and these principles were subsequently applied in Tkhelidze. The decision in Tkhelidze also highlighted that a procedural breach of article 2 can be established by a lack of an effective investigation into the failings of state authorities to respond sufficiently to domestic abuse.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2022-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Human Rights Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/22131035-11010002","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
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Abstract
On 8 July 2021, in Tkhelidze v. Georgia, the European Court of Human Rights (ECtHR) added to its growing body of jurisprudence on domestic abuse. This case is noteworthy as being the first decision of the ECtHR on this issue since the Grand Chamber issued its judgment in Kurt v. Austria, the only domestic abuse case to date which has been heard by the Grand Chamber. In its judgment, the Grand Chamber set out a number of general principles to be applied in such cases, and these principles were subsequently applied in Tkhelidze. The decision in Tkhelidze also highlighted that a procedural breach of article 2 can be established by a lack of an effective investigation into the failings of state authorities to respond sufficiently to domestic abuse.
期刊介绍：
The International Human Rights Law Review (HRLR) is a bi-annual peer-reviewed journal. It aims to stimulate research and thinking on contemporary human rights issues, problems, challenges and policies. It is particularly interested in soliciting papers, whether in the legal domain or other social sciences, that are unique in their approach and which seek to address poignant concerns of our times. One of the principal aims of the Journal is to provide an outlet to human rights scholars, practitioners and activists in the developing world who have something tangible to say about their experiences on the ground, or in order to discuss cases and practices that are generally inaccessible to European and NorthAmerican audiences. The Editors and the publisher will work hands-on with such contributors to help find solutions where necessary to facilitate translation or language editing in respect of accepted articles. The Journal is aimed at academics, students, government officials, human rights practitioners, and lawyers working in the area, as well as individuals and organisations interested in the area of human rights law. The Journal publishes critical articles that consider human rights law, policy and practice in their various contexts, at global, regional, sub-regional and national levels, book reviews, and a section focused on an up-to-date appraisal of important jurisprudence and practice of the UN and regional human rights systems including those in the developing world.
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