Checking Gender-Based Violence. Development of Universal Norms vs. Enforcement of Regional Instruments

Abstract: Gender-based violence affects at least 80 million women in Europe, and consequently is a human rights scandal in urgent need of efficient response. This thesis explores the protection level of women's right to be free from gender-based violence, in terms of human rights law and its implementation, under the United Nations Convention on the Elimination of All Forms of Discrimination against Women and the European Convention for the Protection of Human Rights and Fundamental Freedoms. This serves to investigate whether universal norm development or regional human rights implementation is a better means for checking gender-based violence. The protection level under the two instruments is evaluated in terms of five dichotomies: norm creation vs. implementation; special protection vs. prevention; monitoring vs. adjudication; mainstreaming vs. new legislation and universal vs. regional operational levels. The two systems operate with different aims and methods, within the one and only international legal system. They are found to work best in a complementary and interactive manner with the most efficient protection level under the European human rights regime with its mandatory individual complaints mechanism and adjudicative power, setting standards; preventing rights violations and offering a high level of protection of women's right to be free from gender-based violence.