Protection Mechanisms of the Rights of Women Victims of Violence in the view of the Activities of the European Court of Human Rights

Keywords: domestic violence, ECHR practice, right to a fair trial, right to life, ECHR


The article analyses the approaches adopted in practice and embodied in the legal conclusions of the European Court of Human Rights on the application of certain articles of the European Convention on Human Rights to combating and protecting the rights of women-victims of violence. It is argued that the first and foremost rights related to the protection of women from violence through the prism of the application of the provisions of the Convention are the Court’s appeal to Art. 6 of the ECHR, which guarantees the right to a fair trial (access to justice). It is in the light of this rule that other provisions of the Convention are implemented, namely the right to life (Art. 2), the prohibition of torture (Art. 3), the right to liberty and security of person (Art. 5), the prohibition of discrimination (Art. 14), and other principles of the ECHR. Particular attention is paid to the inseparability in terms of the functioning of conventional mechanisms of protecting women from violence and its counteraction at the institutional level, which are established and maintained in practice of the ECHR conclusions on the positive obligations of the state and its bodies in this area. It is concluded that the systematic approach of the ECHR to the interpretation of the prohibition of discrimination in the context of the protection of the rights of women-victims of violence, including domestic or private, compensation and imposition of negative and positive obligations on Member States is closely connected with sex discrimination in this case. The failure of law enforcement and / or national courts to take appropriate action to protect women's right to life, to prohibit torture and to protect their rights to liberty and security in relation to their sex (gender) and tolerance of domestic violence reflects deep-seated discriminatory stereotypes of societies in many European countries. Namely, the recognition by the Court of a violation of the applicants’ rights in conjunction with the establishment of discrimination against women contributes to a comprehensive fight against this phenomenon, taking not only individual but also general measures by adopting laws and organizational measures by the authorities of the Member States.


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International Law