Protecting Women against Violence in the Light of the Case Law of the European Court of Human Rights: With Referring to Iranian Legal System

Pursuant to ECHR, VAW violates the right to life, the prohibition of torture, the right to private life and the principle of non-discrimination respectively. Furthermore, ECHR has observed that, in order to comply with the due diligence standard under articles 2 & 3, member states are obliged to criminalize certain acts of violence and take preventive measures to impede further violence from taking place. Additionally, they must investigate complaints of violence, as well as prosecute and punish perpetrators. Failing in meeting these obligations with the required degree of diligence may result in a violation of articles 2 and 3. Finally, failure of the state to act with due diligence towards the situation of an applicant and addressing and responding to VAW, may be regarded as violation of article 14. It seems that while taking into account the religious and cultural specialties and necessities, the achievements of the European Court can be utilized by Iranian authorities and courts. The present article, through a descriptive-analytic method, aims at studying the issue of VAW in the mirror of the case law of ECHR and, if necessary, refers to the approach of Iranian legal system in this regard.