PRINCIPLES OF NON-DISCRIMINATION AND OF DUE DILIGENCE OFSTATES – THEORETICAL VIEW ON THE ISTANBUL SONVENTION OF THE SOUNCILOF EUROPE AND THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS
Keywords:non-discrimination, the principle of due diligence of states, the Council of Europe, Istanbul Convention, the European Court of Human rights, gender-based and domestic violence
The paper is focused on the analysis of the principle of non-discrimination and the new principle due diligence of states in the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), which entered into force in early August 2014. It also discuss the relevant jurisprudence of the European Court of Human Rights, whose recent judgments were the forerunner of a legal establishing of the principle of due diligence of states in the field of combating gender-based and domestic violence. The striking cases of the European Court of Human Rights provide a landmark for further solving legal cases in situations where it is established that states have an obligation of due diligence, an obligation which means that states are not only responsible for passing laws that guarantee women's rights, but also to ensure that these laws are implemented through a functioning judicial system and justice chain that is gender-responsive. This means that it is necessary to continuously perform sensitizing judges on the national level, through professional trainings and expert consultancy in the direction of improving knowledge about gender-based and domestic violence, in order to increase the level of impartial decision-making in court cases.
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