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 language | English |
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Title of host publication | European Yearbook on Human Rights |
Editors | Philip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak, Gerd Oberleitner |
Publisher | Intersentia |
Pages | 205-224 |
ISBN (Electronic) | 9781839703447 |
ISBN (Print) | 9781839702655 |
Publication status | Published - 30 Nov 2022 |
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Dive into the research topics of 'The Evolving Jurisprudence of the European Court of Human Rights on Domestic Abuse'. Together they form a unique fingerprint.Student theses
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How effective is international Human Rights Law? A case study of domestic violence in the United Kingdom
McQuigg, R. (Author), Jul 2006Student thesis: Doctoral Thesis › Doctor of Philosophy
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