The paper, starting from the case-law of the European Court of Human Rights on domestic violence, discusses the interrelation between the protection from domestic violence and the UE internal market focusing on third-country nationals victims. In fact, being a migrant accentuates the risks of women to various forms of gender-based violence that also appears as the result of structural and gender inequalities. Thus, the main objective of this study is to demonstrate the importance of a EU law interpretation that includes relevant international instruments. Failing this, the needs of the EU internal market will always prevail over the protection of migrant victims. To this end, not only the ratification of the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (the Istanbul Convention) by EU which occurred without reservations, appears extremely encouraging, but also the recent case-law of the EU Court of Justice. In C-621/21, Femmes victimes de violences domestiques, the EU Court has ensured a global and systematic reading of the international conventions on violence against women.
Alcune riflessioni in tema di violenza domestica correlata alla libera circolazione e al diritto di soggiorno dei coniugi o dei partner extra UE
pizzolante g
2024-01-01
Abstract
The paper, starting from the case-law of the European Court of Human Rights on domestic violence, discusses the interrelation between the protection from domestic violence and the UE internal market focusing on third-country nationals victims. In fact, being a migrant accentuates the risks of women to various forms of gender-based violence that also appears as the result of structural and gender inequalities. Thus, the main objective of this study is to demonstrate the importance of a EU law interpretation that includes relevant international instruments. Failing this, the needs of the EU internal market will always prevail over the protection of migrant victims. To this end, not only the ratification of the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (the Istanbul Convention) by EU which occurred without reservations, appears extremely encouraging, but also the recent case-law of the EU Court of Justice. In C-621/21, Femmes victimes de violences domestiques, the EU Court has ensured a global and systematic reading of the international conventions on violence against women.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
