This chapter considers femicide in the European human rights system.
The Istanbul Convention, which criminalizes forms of psychological
and physical violence, forced marriage, female genital mutilation,
forced abortion, sterilization, sexual harassment, stalking, and
rape, can potentially respond to acts of femicide. The European
Court of Human Right has dealt with domestic violence and rape. As
to rape, it has held that non-consent - not physical resistance -
should be the key proponent of rape in human rights law. However,
the Court should address violence under Articles 3 (prohibition of
torture) and 14 (non-discrimination), the latter claim it has
dismissed in its landmark Kurt v. Austria claim. Only when committed
in prisons, the Court views sexual violence as torture. However,
sexual violence and domestic violence amount to torture in femicide,
regardless of where they are committed. Finally, the Court
recognizes the dynamics of domestic violence and its recurring
nature in state responsibility.