Prevention and repression of domestic violence in the jurisprudence of the Strasbourg Court

Abstract

The issue of the prevention and repression of domestic violence against women – especially within the family and close relationships – is analysed with reference to the jurisprudence of the European Court of Human Rights (ECtHR) and its impact on the Italian legal system. In particular, this contribution examines the crucial role that an international court can play in guaranteeing women’s rights, especially when such guarantees are inadequately provided by their own national institutions. The analysis is based on the “unique” characteristics of the system of protection established by the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which allows anyone who believes that their rights under the Convention have been violated to bring their case before the ECtHR. The Court can then determine the responsibility of their national State for breaching the obligations it has assumed by signing and ratifying the Convention.