The Impact of Vulnerability on State Obligations in Criminal Proceedings on Domestic Violence: Interpreting the Istanbul Convention and the European Convention on Human Rights

Abstract

The article discusses how the categorical designation of victims of domestic violence as vulnerable by the European Court of Human Rights compares to the approach taken in the Istanbul Convention. The doctrinal legal analysis is based on the interpretation of the European Convention on Human Rights and the Istanbul Convention by their monitoring bodies, with a focus on criminal proceedings in domestic violence cases. The article concludes that the protection enjoyed under the Istanbul Convention appears relatively similar to that required by the case law of the European Court of Human Rights, regardless of whether the victims are formally designated by the Istanbul Convention as being in a vulnerable position or not. However, already this limited study displays divergence on a central protection issue, meaning more open reflection by the monitoring bodies would be welcome as regards the grounds for and legal consequences of regarding an individual as vulnerable.