The Evolution of the Practice of the European Court of Human Rights in Domestic Violence Cases

Hárs, András (2025) The Evolution of the Practice of the European Court of Human Rights in Domestic Violence Cases. ACTA HUMANA: HUNGARIAN CENTRE FOR HUMAN RIGHTS PUBLICATIONS, 13 (4). pp. 23-39. ISSN 0866-6628

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Abstract

The issue of domestic violence has not always been at the forefront of legal analysis regarding the practice of the European Court of Human Rights (ECtHR). Reasons for the initial seeming lack of enthusiasm from scholars can be traced on the one hand to the fact that domestic violence occurs in an inherently private and personal legal relationship and on the other hand, because domestic competences by states are predominant. This paper aims at analysing the gradually solidifying practice of the ECtHR in the field of domestic violence by applying the method of comparative case studies. From early cases such as Kontrová v. Slovakia in 2007 and Opuz v. Turkey in 2009 to recent ones, such as Volodina v. Russia in 2019 and 2021, where stalking has been a major element of domestic violence and Buturugă v. Romania in 2020, where the Court has recognised cyberbullying as an act of violence against women and girls to J.S. v. Slovakia in 2026 where a context-sensitive approach was missing according to the Court. Through a legal analysis of the Court’s findings and deductions from the ECtHR’s reasoning, a generalised overview of the state’s responsibilities and omissions takes form to ascertain in what way the Court’s practice leaned towards and to observe whether technological advancements had manifested themselves in the Court’s judgments.

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