Naslov
Rape jurisprudence of the European Court of Human Rights: a challange to stereotyping?

Autori
Radačić, Ivana

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, ostalo

Skup
Sexuality and Social Justice: What’s Law Got to Do With It

Mjesto i datum
Brighton, Ujedinjeno Kraljevstvo, 05.03.2015. - 06.03.2015

Vrsta sudjelovanja
Pozvano predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
rape; European Court of Human Rights; stereotypes

Sažetak
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.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA