„Quod Obstat Viae Fit Via” ̶ femicide as the separate gender-based homicide – review of international framework in the view of the ECHR and IACHR case law

• In Event: Forging criminalisation of gender-based violence

Abstract

The latin phrase attributed to the greek goddess Athena (meaning „when the obstacle becomes the way”) metaphorically depicts the importance of creating legal framework dedicated to lethal GBV in order to prevent GBV homicides cases aka femicides. This proverb also symbolizes the challenges that stay behind the legal recognition of the femicide concept. The author will discuss the existing european and international regulations and the ECHR and IACHR case law related to femicide prevention. The special attention will be given to the intersectional femicides cases when the victim had more than one feature that made her particularly vulnerable to the femicidal violence. The presentation will be enriched by the author’s case study examples taken from the Femicide in Poland Project (www.femicideinpoland.pl) The author will also review the EU Directive 2024/1385 on combating violence against women and domestic violence provisions - the changes and obligations it imposes on states related to femicide prevention in Europe.

Author

• Alicja Eva Serafin, University of Warsaw