Nowadays the idea that the liberal State not only has to avoid the violation of fundamental rights, but also protect our rights from the possible attacks of other citizens is widely spread. Furthermore, the enforcement in substantive law is not enough. In order to achieve effectiveness, the legislator has the obligation to create a real and effective protection within the procedure. In the case of gender violence victims, the ECtHR is, little by little, acknowledging the responsibility of States for not having fulfilled their duties to protect their citizens. The chapter aims to identify the potential obstacles that may find women victims of gender and domestic violence in their national procedural criminal systems. Among these pages we will study different cases where the ECtHR had the opportunity to indicate the deficiencies in national criminal procedural laws that failed to prevent, investigate, or condemn. To do so, the chapter is divided in a theoretical part and a practical part. Finally, the chapter provides conclusions.

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The State’s Duty to Protect Domestic Violence Victims from a Gender Perspective: Brief Reference to the Jurisprudential Developments of the European Court of Human Rights Jurisprudence

  • Raquel Borges Blázquez

摘要

Nowadays the idea that the liberal State not only has to avoid the violation of fundamental rights, but also protect our rights from the possible attacks of other citizens is widely spread. Furthermore, the enforcement in substantive law is not enough. In order to achieve effectiveness, the legislator has the obligation to create a real and effective protection within the procedure. In the case of gender violence victims, the ECtHR is, little by little, acknowledging the responsibility of States for not having fulfilled their duties to protect their citizens. The chapter aims to identify the potential obstacles that may find women victims of gender and domestic violence in their national procedural criminal systems. Among these pages we will study different cases where the ECtHR had the opportunity to indicate the deficiencies in national criminal procedural laws that failed to prevent, investigate, or condemn. To do so, the chapter is divided in a theoretical part and a practical part. Finally, the chapter provides conclusions.