A joint Third Party Intervention by the Equal Rights Trust, Equality Now and the European Human Rights Advocacy Centre was submitted to the European Court of Human Rights on 29 January 2020.
The submissions address current human rights standards and requirements on the definition and interpretation of rape and its investigation, and the necessity to examine rape complaints and their investigation under the right to non-discrimination (article 14 of the European Convention on Human Rights) in conjunction with the prohibition of torture or inhuman or degrading treatment (article 3). The applicant in this case is a Russian national who claims that the State failed to conduct an effective investigation into her allegations of rape by her husband.
In Volodina v Russia - where the Equal Rights Trust also intervened as a third party - the Court highlighted that substantive gender equality can only be achieved with a gender-sensitive interpretation and application of the Convention provisions. The present case provides the Court with the opportunity to further develop its jurisprudence on the positive obligations of the State in respect of gender-based violence, specifically in respect of complaints of rape and marital rape, taking into account recent developments in international best practice.
To read the Third Party Intervention, click here.