PROTECTION FROM GENDER-BASED VIOLENCE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS

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Jelena Ristik

Abstract

Despite the lack of specific provisions in the European Convention on Human Rights regarding gender-based violence, the European Court of Human Rights has developed a substantial body of case-law in this area. It has been done through the interpretation and application of a number of provisions in the European Convention on Human Rights that are relevant to gender-based violence. This paper provides a review of the approach of the European Court of Human Rights in cases concerning gender-based violence. Namely, it is evident that a remarkable spate of cases dealing with gender-based violence is considered by the European Court of Human Rights, which provides very solid protection in this field. However, it seems that certain aspects of the case-law on gender-based violence are somewhat inconsistent. In this sense, having in mind that the judgments of the European Court of Human Rights are the main guidelines for the States in fulfilling their obligations arising from the Convention, it is very important for the Court to fully clarify its approach in this regard.

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How to Cite
Ristik, J. . (2020). PROTECTION FROM GENDER-BASED VIOLENCE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS. Journal of Liberty and International Affairs, 6(2), 71-88. https://doi.org/10.47305/JLIA2020071r
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Author Biography

Jelena Ristik, School of Law, University American College - Skopje, North Macedonia

Dr. Jelena Ristic is an attorney-at-law from Skopje, North Macedonia, Vice President of the North Macedonia Bar Association, Assistant Professor at the School of Law at the University American College Skopje, certified trainer of the Council of Europe Programme on Human Rights Education for Legal Professionals (HELP), and President and Co-Founder of the Institute for Legal and Political Research in Skopje. She holds Ph.D. in international law, LL.M. in international law and international politics, and LL.B degree from the Faculty of Law “Iustinianus Primus” at the University “Ss. Cyril and Methodius” in Skopje. Her background includes 15 years of professional experience in the legal field, including various international and national organizations and institutions, such as the European Court of Human Rights, the United States Agency for International Development (USAID), the American Bar Association Central and Eurasian Law Initiative (ABA CEELI), and the American Bar Association Rule of Law Initiative (ABA ROLI). For several years she also worked as an Executive Director of the North Macedonia Bar Association. She is the author of a number of papers and books, concerning mainly issues of international and European human rights law. She is also engaged as a legal expert and project manager in several projects related to the reforms in the judicial sector and the rule of law.

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