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Human Rights, Positive Obligations and Domestic Violence: Kalucza v Hungary in the European Court of Human Rights

image of International Human Rights Law Review

The European Court of Human Rights (ECtHR) has made an increasing number of key decisions concerning domestic violence, of which Kalucza v Hungary is the most recent. It is the first case that addresses the nature of the human rights obligations in circumstances where it is alleged that both parties to a domestic dispute are engaged in acts of unlawful physical violence. It also considers the requirement for swift decision-making where restraining orders are sought against violent partners. The requirement to give sufficient reasons when decisions pertaining to restraining orders is also evaluated. In addition, the judgment considers the duty to determine cases pertaining to the division of the home within a ‘reasonable when both parties are residing within it. This article considers the implications of this case, comparing it to other domestic violence cases that have been brought under both Articles 3 and 8.

Affiliations: 1: Lecturer in Law, Brunel Law School, Brunel University, patricia.londono@law-oxford.com

10.1163/22131035-00102005
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2012-01-01
2017-12-14

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