The Potential of Domestic and International Courts to Protect Women’s Right to Family Life in the North Caucasus

Abstract

Abstract The North Caucasus region of Russia is known for spawning the highest number of adverse judgments from the European Court of Human Rights compared to any other Russian region—over 500 as of mid-2020. Since 2005, the Court has found Russia responsible for enforced disappearances, extrajudicial killings and torture carried out on a mass scale during the second Chechen war and in its aftermath. The Head of the Chechen Republic, Ramzan Kadyrov, has become internationally infamous for the brutal repression of even his mildest critics, ensuring that most Chechens will be too afraid to claim their rights in any forum. Domestically, the Russian federal authorities have either ignored or tacitly condoned the increasing subversion of state law in the region in favour of de facto customary norms—adat—and elements of sharia law that have had a devastating effect mainly on women’s and girls’ rights. Harmful traditional practices such as ‘honour killings’, child marriage, bride-kidnapping, and—in certain remote mountain regions of Dagestan—female genital mutilation take place on a regular basis. Yet such violations, however grave, do not easily lend themselves to litigation. This practice note focuses on one of the few areas in the region in which systematic focused litigation is being carried out in domestic courts, often against enormous odds: the systematic denial of women’s right to family life after divorce or the death of their children’s biological father.