{"title":"在欧洲人权法院保护免受基于性别的暴力","authors":"Jelena Ristik","doi":"10.47305/jlia2020071r","DOIUrl":null,"url":null,"abstract":"Despite the lack of specific provisions in the European Convention on Human Rights regarding gender-based violence, the European Court of Human Rights has developed a substantial body of case-law in this area. It has been done through the interpretation and application of a number of provisions in the European Convention on Human Rights that are relevant to gender-based violence. This paper provides a review of the approach of the European Court of Human Rights in cases concerning gender-based violence. Namely, it is evident that a remarkable spate of cases dealing with gender-based violence is considered by the European Court of Human Rights, which provides very solid protection in this field. However, it seems that certain aspects of the case-law on gender-based violence are somewhat inconsistent. In this sense, having in mind that the judgments of the European Court of Human Rights are the main guidelines for the States in fulfilling their obligations arising from the Convention, it is very important for the Court to fully clarify its approach in this regard.","PeriodicalId":30762,"journal":{"name":"Journal of Liberty and International Affairs","volume":"6 1","pages":"71-88"},"PeriodicalIF":0.0000,"publicationDate":"2020-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"PROTECTION FROM GENDER-BASED VIOLENCE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS\",\"authors\":\"Jelena Ristik\",\"doi\":\"10.47305/jlia2020071r\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Despite the lack of specific provisions in the European Convention on Human Rights regarding gender-based violence, the European Court of Human Rights has developed a substantial body of case-law in this area. It has been done through the interpretation and application of a number of provisions in the European Convention on Human Rights that are relevant to gender-based violence. This paper provides a review of the approach of the European Court of Human Rights in cases concerning gender-based violence. Namely, it is evident that a remarkable spate of cases dealing with gender-based violence is considered by the European Court of Human Rights, which provides very solid protection in this field. However, it seems that certain aspects of the case-law on gender-based violence are somewhat inconsistent. In this sense, having in mind that the judgments of the European Court of Human Rights are the main guidelines for the States in fulfilling their obligations arising from the Convention, it is very important for the Court to fully clarify its approach in this regard.\",\"PeriodicalId\":30762,\"journal\":{\"name\":\"Journal of Liberty and International Affairs\",\"volume\":\"6 1\",\"pages\":\"71-88\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-08-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Liberty and International Affairs\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.47305/jlia2020071r\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Liberty and International Affairs","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.47305/jlia2020071r","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
PROTECTION FROM GENDER-BASED VIOLENCE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS
Despite the lack of specific provisions in the European Convention on Human Rights regarding gender-based violence, the European Court of Human Rights has developed a substantial body of case-law in this area. It has been done through the interpretation and application of a number of provisions in the European Convention on Human Rights that are relevant to gender-based violence. This paper provides a review of the approach of the European Court of Human Rights in cases concerning gender-based violence. Namely, it is evident that a remarkable spate of cases dealing with gender-based violence is considered by the European Court of Human Rights, which provides very solid protection in this field. However, it seems that certain aspects of the case-law on gender-based violence are somewhat inconsistent. In this sense, having in mind that the judgments of the European Court of Human Rights are the main guidelines for the States in fulfilling their obligations arising from the Convention, it is very important for the Court to fully clarify its approach in this regard.