European Court for Human Rights
- Opuz v. Turkey (2009). State failure to protect victims from domestic violence. Applicant brought this case against Turkey, alleging failure to protect her and her mother from domestic violence, violence which resulted in her mother’s death and her own mistreatment. The victim and her mother were repeatedly abused and threatened by the victim’s husband, abuse which was medically documented. The victim’s husband and his father were at one point indicted for attempted murder against the two women, but both were acquitted. The abuse continued after the acquittal and eventually resulted in the husband’s father killing the victim’s mother. The husband’s father was tried and convicted for intentional murder, but because he argued provocation and exhibited good behavior during the trial, his sentence was mitigated and he was released pending an appeal. Taking into consideration regional and international treaties as well as the domestic situation in Turkey, the ECHR held that Turkey violated Articles 2, 3, 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The ECHR ordered Turkey to pay the victim non-pecuniary damages and costs.
- Collins and Akaziebie v. Sweden (2007). Immigration and forced genital mutilation. The first applicant, the mother, filed for asylum upon arriving in Sweden, claiming she had fled Nigeria while pregnant with her daughter, the second applicant, in an attempt to flee the female-genital mutilation (“FGM”) that would have been performed on her during childbirth if she stayed in Nigeria. The Swedish Migration Board rejected the asylum application, explaining that FGM was not grounds for asylum, and that FGM was outlawed by Nigerian law so it was unlikely the first applicant would be submitted to the procedure upon return to Nigeria. The Swedish Aliens Appeal Board rejected the applicant’s appeal, rejecting her argument that FGM was a deep-rooted Nigerian tradition, carried out despite modern law. Following several more attempts within Sweden to be granted asylum, the applicants filed a complaint with the ECHR, alleging that if they were returned to Nigeria, they would face a high likelihood of being submitted to FGM. The argued this would violate Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The ECHR rejected the complaint, ruling that the applicants had failed to “substantiate that they would face a real and concrete risk of being subjected to female genital mutilation upon returning to Nigeria.
- M.C. v. Bulgaria (2003). Rape of minor. The victim, a 14-year old, alleged she was raped by two men, but an ensuing investigation found insufficient evidence of the girl having been compelled to have sex. The investigation found that force was not used and that therefore rape had not occurred. Before the ECHR, therefore, the victim alleged that Bulgarian law failed to protect her because it required force to be present for rape to have occurred, a higher standard than in other countries, where for example, only non-consent was necessary. She also challenged the thoroughness of the investigation. The ECHR found that Bulgaria violated its positive obligations under Articles 3 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It ordered Bulgaria to pay the victim non-pecuniary damages and costs.
- Case of Burghartz v. Switzerland (1994). Gender-based law on marital names. The Court found no legal justification for a law to require married women to take their husbands' surnames.
- Case of Schmidt v. Germany (1994). Gender-based service-or-tax requirement. The Court found a law that required men only to serve as firefighter and required women to pay a tax was discriminatory in violation of the ECHR.
- Case of Abdulaziz, Cabales and Balkandali v. the United Kingdom (1985). Gender-based immigration rights. Three lawfully and permanently settled residents of the UK challenged the Government’s refusal to permit their husbands to join or remain with them on the basis of the 1980 immigration rules in force at the time. The rules applied stricter conditions for the granting of permission for husbands to join their wives than vice versa. These conditions did not apply to the wives of male permanent residents. The Court found that Article 8 encompassed the right to establish one’s home in the State of one’s lawful residence, and that being forced to either move abroad or be separated from one’s spouse was inconsistent with this principle. On this basis the applicants claimed that, as a result of unjustified differences of treatment in securing the right to respect for their family life, based on sex, race and, in the case of Mrs. Balkandali, birth, they had been victims of a violation of Article 14 of the Convention, taken in conjunction with Article 8. The applicants claimed there was no objective and reasonable justification for the difference in treatment, rather the Government’s claims ignored the modern role of women and the fact that men may be self-employed and create rather than seek jobs, as in the case of Mr. Balkandali.
- Case of Airey v. Ireland (1979). Family law, domestic violence and the right of access to court. Petitioner, a domestic violence survivor, could not find legal assistance to appear before a court. The Court ruled that member states must guarantee effective access to the courts.