Analiza hotărârii CtEDO de constatare a încălcării art.3 de către Republica Moldova prin neintervenția în cazul violenței în familie [Articol]

Abstract

Domestic violence is a common problem in practice in all countries of the world. It manifests in different forms, starting with physical violence, psychological violence and ending with economic violence. The European Court of Human Rights qualifies the application of domestic violence as a violation of art. 2 (right to life), art. 3 (right not to be subjected to torture, inhuman or degrading treatment or punishment), art. 6 (right to a fair trial), art. 8 (right to private and family life) and art. 14 (prohibition of discrimination). In this study, we would like to analyse the regional standards in the area of prevention of domestic violence, the positive obligations of the states, mentioned in the ECtHR case law, the violations found in the case Munteanu v. Republic of Moldova and the current situation in the Republic of Moldova in the domain of domestic violence.