engleski

Rape cases in the jurisprudence of the European Court of Human Rights: Defining rape and determining the scope of state's obligations

The article analyses the jurisprudence of the European Court of Human Rights as it relates to rape. In particular, the article looks at which rights have been found violated on account of rape, how rape has been defined in the Court's jurisprudence, and what under the Convention standards constitute effective protection against rape. It is argued that, while the Court has in many aspects contributed to a more effective protection of women from rape, by defining rape in a gender-sensitive manner and by clarifying what constitutes effective prosecution, the challange remains to overcome the public/private divide in assessing the level of severity of rape, and to conceptualise rape as a form of gender-based discrimination.

rape; consent; positive obligations; effective prosecution; rape myths

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