Domestic violence against women remains a major problem which often is off the radar screen of public authorities as dismissive attitudes towards women persist among those working for local security forces (which often are male-dominated) and - for a wide range of reasons, including in particular fear of further violence against the victim or children - many cases are not reported. The risk of underreporting makes it necessary for authorities to be particularly vigilant and sensitive to situations which are threatening for women.
In this research article it will be shown that the European Convention on Human Rights can provide an effective legal tool to ensure that the authorities take this positive human rights obligation seriously.
Table of Contents
1. Introduction
2. A Justification of Human Rights Interference with Traditional Attitudes towards Women
3. The Right to Life
4. The Right to Health
5. Conclusions
Objectives and Topics
This article examines the extent to which the European Convention on Human Rights (ECHR) mandates that states take proactive measures to protect women from domestic violence. It explores the legal obligations of authorities to prevent threats to life and health, emphasizing that the state's failure to effectively protect victims constitutes a violation of fundamental human rights.
- The legal obligation of states to provide protective police action under the ECHR.
- Justification for human rights intervention against discriminatory traditional attitudes.
- The scope of the "Right to Life" and the state's duty to implement preventive measures.
- The inclusion of psychological and physical health within human rights protections.
- The role of the European Court of Human Rights in addressing domestic abuse cases.
Excerpt from the Book
The Right to Life
In Rantsev, a case involving a young woman, Ms Rantseva, the daughter of the applicant (Rantsev v. Cyprus and Russia 2010:para. 13), born in 1980 (ibid.) and died in 2001 (ibid.:para. 25), who appears to have been forced into prostitution (cf. ibid.:para. 69)and died apparently as the result of failed attempt to escape, (ibid.: para. 25) the European Court of Human Rights found that the right to life includes positive obligations to protect human life (ibid.:paras. 214 et seq.; see also Rainey et al. 2014:158 et seq.) But the obligations of the state begin much earlier:
The right to life under Article 2 ECHR obliges states to take positive measures, (ibid.:153 et seq.) including “preventive operational measures” (Grabenwarter 2014:22) for the purpose of “protect[ing] an individual or individuals whose lives are at risk from the criminal acts of an other individual.” (ibid.; see also Van Dijk et al. 2006:358 et seq.; R.R. and others v. Hungary 2012:para. 32; Osman v. United Kingdom 1998:para. 115; Kılıç v. Turkey 2000:paras. 62 et seq.; Van Colle v. United Kingdom 2012:paras. 88 et seq.) This requires “that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life” (Grabenwarter 2014:22) of the persons in question. (Grabenwarter 2014:22; see also in a more general context Albekov and others v. Russia 2008:paras. 89)
Summary of Chapters
1. Introduction: Outlines the prevalence of domestic violence against women and the persistent failure of authorities to provide adequate protection, establishing the article's focus on the ECHR.
2. A Justification of Human Rights Interference with Traditional Attitudes towards Women: Argues that universal human rights must take precedence over local traditions that condone violence and discrimination against women.
3. The Right to Life: Analyzes the positive obligations of states under Article 2 ECHR to implement preventive measures when the lives of individuals are at risk from criminal acts.
4. The Right to Health: Explores whether the right to health is implicit within the ECHR, specifically regarding protection against physical and psychological harm under Article 3.
5. Conclusions: Reaffirms that states have a clear obligation under the ECHR to protect women from violence and highlights the need for a cultural shift towards respect for human dignity.
Keywords
Domestic violence, European Convention on Human Rights, ECHR, Right to Life, Right to Health, Human Rights, Positive Obligations, State Responsibility, Police Action, Gender Equality, Istanbul Convention, Protective Measures, Legal Protection, Human Dignity, Violence against Women.
Frequently Asked Questions
What is the core focus of this research paper?
The paper focuses on the legal responsibility of states under the European Convention on Human Rights to protect women from domestic violence and similar threats through proactive state action.
What are the primary thematic areas addressed?
The primary themes include the interpretation of the right to life, the state's positive obligations, the intersection of cultural attitudes and human rights, and the protection of health.
What is the main research objective of the author?
The objective is to demonstrate that the ECHR imposes a mandatory obligation on states to provide effective, protective police action to women facing domestic violence.
Which scientific or legal methodology is employed?
The author employs a legal analysis of European Court of Human Rights jurisprudence, examining specific case law and international legal standards to interpret state obligations.
What specific topics are covered in the main body?
The body covers the justification for human rights interference in traditional cultures, the legal requirements for "preventive operational measures," and the extension of human rights protections to psychological well-being.
Which keywords best characterize the work?
Key terms include domestic violence, ECHR, state obligation, protective police action, and fundamental human rights.
How does the case of Halime Kılıç v Turkey illustrate the author's argument?
The case serves as a critical example of the failure of authorities to protect a woman from her husband despite previous court orders, highlighting the necessity for effective enforcement of human rights protections.
What does the author conclude about the current status of women's rights in democratic nations?
The author concludes that despite nominal commitments to fundamental rights, women's rights are often relegated to the sidelines, and systemic violence continues to be ignored by decision-makers.
How does the paper relate the "Right to Life" to the "Right to Health"?
The author argues that the right to health, including physical and psychological integrity, is effectively protected under the ECHR as an extension of the right to life and the prohibition of inhuman or degrading treatment.
- Quote paper
- Dr. Stefan Kirchner (Author), 2015, Domestic Violence against Women and European Human Rights Law, Munich, GRIN Verlag, https://www.grin.com/document/295303
