The Evolving Jurisprudence of the European Court of Human Rights on Domestic Abuse

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Abstract

This piece discusses the ways in which the jurisprudence of the European Court of Human Rights on the issue of domestic abuse has evolved in recent years, with a particular focus on three aspects. Firstly, the way in which domestic abuse has been conceptualised has developed significantly. Initially the approach taken by the Court concerning the articles of the European Convention on Human Rights on which it based its findings of violations in cases involving domestic abuse was somewhat incoherent in terms of the use of Articles 3 and 8. However Article 3 is now used much more extensively in such cases, and the question has become whether domestic abuse should be expressly held to fall within the ‘torture’ limb of this provision. Secondly, the Court has recently recognised that ‘cyberbullying’ can constitute domestic abuse. Thirdly, questions have arisen as to how the ‘Osman test’ should be applied in cases involving domestic abuse, and this matter was clarified in June 2021 by the Grand Chamber in its judgment in Kurt v Austria.
Original languageEnglish
Title of host publicationEuropean Yearbook on Human Rights
EditorsPhilip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak, Gerd Oberleitner
PublisherIntersentia
Pages205-224
ISBN (Electronic)9781839703447
ISBN (Print)9781839702655
Publication statusPublished - 30 Nov 2022

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