International law issues

CASE STUDY: Obtaining redress for domestic violence through human rights bodies

Plaintiffs in domestic violence cases have been successful in obtaining redress against states through various international bodies:

A.T v. Hungary: In 2005, the Committee on the Elimination of Discrimination Against Women, the independent experts who monitor the implementation of the Convention on the Elimination of Discrimination Against Women (CEDAW), found that the complainant, although she sought help from Hungarian civil and criminal courts and child protection authorities, did not receive any assistance or protection from the Hungarian government. The case involved allegations of severe domestic violence. The Committee found that Hungary had violated the rights of A.T. under the Convention, and made recommendations to Hungary that it act to protect the safety of the author and act more generally to effect the rights granted under the Convention.

Bevacqua and S. v. Bulgaria: This decision, issued by the European Court of Human Rights in 2008, found that, in the specific circumstances of this case, Bulgaria had violated its obligations under Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms by requiring the domestic violence victim to prosecute the case. The Court awarded costs and damages to the applicants. The case is significant as the first domestic violence case to be decided in the European Court of Human Rights.

Opuz v. Turkey:  In 2009, the European Court of Human Rights found that Turkey had failed to use due diligence to protect the plaintiff from domestic violence, as it was required to do under the European Convention on Human Rights and the Convention on the Elimination of All Forms of Discrimination Against Women, and awarded the plaintiff damages.

Survivors and asylum law

• Legislation should provide that complainant/survivors who do not have legal status are not subjected to immigration sanctions, including deportation, when they report violence to authorities.

• Legislation should allow complainant/survivors who do not have legal status to apply for legal status in confidence and independently from the perpetrator.

(See: UN Handbook 3.7.1; VAWA, USA; and the Immigration and Refugee Protection Act (2002) of Canada.)