The European Court of Human Rights’ Engagement with  International Human Rights Instruments: Looking at the Cases of Domestic Violence

Ebru Demir

doi:10.17561/tahrj.v17.6347

Abstract

In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.

Highlights

The European Convention on Human Rights, signed on 4 November 1950, is widely regarded as one of the most influential human rights treaties
This is because the Convention as a “living instrument” (Dzehtsiarou, 2011; Mowbray, 2005; Theil, 2017) is interpreted by the European Court of Human Rights “in light of the present-day conditions” (Tyrer v UK para 31) and implemented in a dynamic and evolutive way
To maintain the dynamism and effectiveness of the Convention, the ECtHR interprets it in the light of other international human rights documents and jurisprudence

Summary

Introduction

The European Convention on Human Rights (the ECHR or the Convention), signed on 4 November 1950, is widely regarded as one of the most influential human rights treaties. For more than seven decades, the Convention has never ceased to be a significant instrument in international law This is because the Convention as a “living instrument” (Dzehtsiarou, 2011; Mowbray, 2005; Theil, 2017) is interpreted by the European Court of Human Rights (the ECtHR or the Court) “in light of the present-day conditions” (Tyrer v UK para 31) and implemented in a dynamic and evolutive way. This article focuses on the ECtHR’s jurisprudence on domestic violence and shows the ways in which the Court engages with other relevant international human rights instruments in its judgements. The article will conclude that engagement with international and regional human rights instruments makes effective use of the Convention, provides stronger protection for victims of domestic violence, and maintains the coherence of international law

Opuz V Turkey

Conclusion