Provisions of international and EU law on so-called ‘gender-based violence’ – Family abuse – Alleged victim of stalking
Contents for term
Provisions of international and EU law on so-called ‘gender-based violence’ – Family abuse – Alleged victim of stalking
Custody of children governed by the principle of protection of the best interests of the child - Serious conflict between the parents and the commission of offences by one against the other constitute facts that have a significant influence on the most appropriate custody regime
Sexual violence committed also in cases where it takes place between spouses – Family abuse committed in cases of deprivation of financial means
Sexual violence committed even when someone uses violence or threats to force a prostitute to engage in non-consensual sexual intercourse - Irrelevance of the circumstance that the victim engages in prostitution as the right to respect for sexual freedom is independent of personal conditions and qualities
Prosecutability ex officio – Sexual violence criminal offence and persecutory acts - Convicted and attempted sexual assault and stalking of wife would be prosecutable ex officio if there is a Police Commissioner's warning
Illegal and arbitrary detention, and killing of women human rights defenders in a context of systematic gendered violence - Violation of the right to life, to dignity, and to freedom and security
Dissenting / Concurring: Ferrer Mac Gregor-Poisot / Vio Grossi
Kiss on the cheek does not violate the sexual freedom of the victim – Commission of the offence of private violence
Family abuse – Forms of moral and physical violence, such as deprivation, humiliation, acts of contempt and offence to dignity – Economic violence
Sexual violence criminal offence and persecutory acts - The change of lifestyle is a necessary behavior to which the victim of persecution resorts in order to try to escape from persecution
Article 3 (prohibition of torture and inhuman or degrading treatment) - the procedure for the applicant's deportation to Guinea
Sexual violence criminal offence – Ban on the extenuating circumstance regarding minor offences referred to in the third paragraph of Article 609-bis of the Italian Criminal Code (sexual violence)
Criminal offences and fines - Persecutory acts [the so-called stalking]
Sexual violence committed when forcing someone to perform or be subjected to sexual acts, by means of violence, threats or abuse of authority – Kissing is a sexual act
Family abuse - Absorption of the offences of serious threats and battery into the offence of family abuse
Forced disappearance of 26 people registered in a 'military diary' between 1983-1985 in the context of an internal conflict - Ineffective investigations - Violation of the right to judicial protection, to personal integrity, and to freedom of association
Forced disappearances, murders, inhumane treatment and sexual violence against women in the context of the massacres against members of Río Negro community perpetrated by the Army of Guatemala and members of the Civilian Self-Defense Patrols - Violation of freedom from slavery, freedom of association, movement and residence, conscience and religion, the right to humane treatment, to life, to a fair trial, and to judicial protection
An attack on the applicant in the street in the course of which acid was thrown in her face, and the question of the authorities’ obligation to protect people and diligence in the proceedings following the attack - A violation of Articles 3 (prohibition of inhuman and degrading treatment – procedural aspect) and 8 (right to respect for private and family life)
Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations
Dissenting / Concurring: Vio Grossi
Article 2 (Positive obligations) - Absence of provision in criminal law to sanction involuntary termination of pregnancy - No violation
State's inability to recover ancestral property belonging to the Xákmok Kásek indigenous community - Lack of access to property and possession threatening the survival of the community, resulting in nutritional, medical and health vulnerability of its members, particularly pregnant women, children, and the elderly - Violation of the right to judicial protection, to life, to personal integrity, to non-discrimination, to property as well as children rights
Judge Rapporteur: Discrimination against women, gender-based violence, property
Dissenting / Concurring: Vio Grossi / Fogel Pedrozo