Rape jurisprudence of the European Court of Human Rights: a challange to stereotyping? (CROSBI ID 629794)
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Podaci o odgovornosti
Radačić, Ivana
engleski
Rape jurisprudence of the European Court of Human Rights: a challange to stereotyping?
Application of gender stereotypes and rape mythology in the criminal proceedings often leads to denial of justice for the victims/survivors of rape, and has serious harmful consequences as it gives them the full weight and authority of the law. Hence, it needs to be challenged, which has started to be recognised in the international human rights jurisprudence. In this paper I analyse how the European Court of Human Rights (the Court) has dealt with the issue. I start by identifying the most common gender stereotypes and rape myths and continue with the discussion of the Court’s role in challenging them, in the context of international human rights law and its own jurisprudence on stereotyping. I then analyse Court’s rape jurisprudence. I call on the Court to explicitly challenge the rape myths and gender stereotypes and recognise the link between them and gender discrimination, which the Court has yet failed to do.
rape; European Court of Human Rights; stereotypes
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Podaci o prilogu
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Podaci o skupu
Sexuality and Social Justice: What’s Law Got to Do With It
pozvano predavanje
05.03.2015-06.03.2015
Brighton, Ujedinjeno Kraljevstvo