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  • Author or Editor: Ronagh J.A. McQuigg x
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On 14 July 2017, the un Committee on the Elimination of Discrimination against Women (cedaw Committee) adopted its General Recommendation No. 35 on gender-based violence against women. The purpose of this General Recommendation was to update the Committee’s General Recommendation No. 19 on violence against women, which had been adopted 25 years previously. This article examines General Recommendation No. 35 and analyses the extent to which this General Recommendation may contribute to addressing the issue of gender-based violence against women. However, although General Recommendation No. 35 is undoubtedly a positive development in the response of international human rights law to this issue, it is argued that further measures are necessary, in the form of a un treaty on violence against women.

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In: International Human Rights Law Review

Abstract

This article addresses the highly significant area of the approach adopted by the European Court of Human Rights (ECtHR) to the issue of domestic violence. During the past thirteen years, the Court has firmly established that domestic violence can constitute a violation of the European Convention on Human Rights (echr), however the way in which this issue has been contextualised by the ECtHR has varied and evolved, namely in terms of which articles of the echr have been held to have been violated in such cases. The Court’s recent judgment in Volodina v Russia again raises important questions regarding the conceptualisation of domestic violence by the ECtHR, as discussed in this article.

Open Access
In: International Human Rights Law Review

Abstract

On 8 July 2021, in Tkhelidze v. Georgia, the European Court of Human Rights (ECtHR) added to its growing body of jurisprudence on domestic abuse. This case is noteworthy as being the first decision of the ECtHR on this issue since the Grand Chamber issued its judgment in Kurt v. Austria, the only domestic abuse case to date which has been heard by the Grand Chamber. In its judgment, the Grand Chamber set out a number of general principles to be applied in such cases, and these principles were subsequently applied in Tkhelidze. The decision in Tkhelidze also highlighted that a procedural breach of article 2 can be established by a lack of an effective investigation into the failings of state authorities to respond sufficiently to domestic abuse.

In: International Human Rights Law Review