Tkhelidze诉格鲁吉亚:家庭虐待和欧洲人权法院

Q3 Social Sciences

International Human Rights Law Review Pub Date : 2022-03-24 DOI:10.1163/22131035-11010002

R. McQuigg

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引用次数: 0

摘要

2021年7月8日，在Tkhelidze诉格鲁吉亚一案中，欧洲人权法院(ECtHR)为其日益增多的家庭虐待判例增添了新的内容。值得注意的是，此案是欧洲人权法院自大分庭对库尔特诉奥地利案作出判决以来就这一问题作出的第一项裁决，该案是迄今为止大分庭审理的唯一一宗家庭虐待案件。大分庭在其判决书中规定了在这类案件中适用的若干一般原则，这些原则后来在Tkhelidze案中适用。Tkhelidze案的决定还强调指出，如果对国家当局未能对家庭虐待作出充分反应进行有效调查，则可以确定程序性违反第2条。

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Tkhelidze v. Georgia: Domestic Abuse and the European Court of Human Rights

On 8 July 2021, in Tkhelidze v. Georgia, the European Court of Human Rights (ECtHR) added to its growing body of jurisprudence on domestic abuse. This case is noteworthy as being the first decision of the ECtHR on this issue since the Grand Chamber issued its judgment in Kurt v. Austria, the only domestic abuse case to date which has been heard by the Grand Chamber. In its judgment, the Grand Chamber set out a number of general principles to be applied in such cases, and these principles were subsequently applied in Tkhelidze. The decision in Tkhelidze also highlighted that a procedural breach of article 2 can be established by a lack of an effective investigation into the failings of state authorities to respond sufficiently to domestic abuse.

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来源期刊

International Human Rights Law Review Social Sciences-Law

CiteScore

0.80

自引率

0.00%

发文量

期刊介绍： The International Human Rights Law Review (HRLR) is a bi-annual peer-reviewed journal. It aims to stimulate research and thinking on contemporary human rights issues, problems, challenges and policies. It is particularly interested in soliciting papers, whether in the legal domain or other social sciences, that are unique in their approach and which seek to address poignant concerns of our times. One of the principal aims of the Journal is to provide an outlet to human rights scholars, practitioners and activists in the developing world who have something tangible to say about their experiences on the ground, or in order to discuss cases and practices that are generally inaccessible to European and NorthAmerican audiences. The Editors and the publisher will work hands-on with such contributors to help find solutions where necessary to facilitate translation or language editing in respect of accepted articles. The Journal is aimed at academics, students, government officials, human rights practitioners, and lawyers working in the area, as well as individuals and organisations interested in the area of human rights law. The Journal publishes critical articles that consider human rights law, policy and practice in their various contexts, at global, regional, sub-regional and national levels, book reviews, and a section focused on an up-to-date appraisal of important jurisprudence and practice of the UN and regional human rights systems including those in the developing world.