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On the Bride’s Side? Victims of Domestic Violence and their Residence Rights under EU and Council of Europe Law

Stoyanova, Vladislava LU (2019) In Netherlands Quarterly of Human Rights 37(4).
Abstract
Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (the Istanbul Convention), will the EU be required to take new measures in light of the demands imposed by Article 59 of the Convention that addresses the residence rights of migrant women victims of violence? By clarifying these demands and juxtaposing them with the relevant EU law standards, this article shows the divergences and convergences... (More)
Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (the Istanbul Convention), will the EU be required to take new measures in light of the demands imposed by Article 59 of the Convention that addresses the residence rights of migrant women victims of violence? By clarifying these demands and juxtaposing them with the relevant EU law standards, this article shows the divergences and convergences between the two regional European legal orders. It also forwards concrete suggestions as to which EU rules might need to be modified. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
in press
subject
keywords
Human rights, EU labour rights, EU law, Competence, Violence against women, Residence, Migration, Migrant women, Mänskliga rättigheter, Migration
in
Netherlands Quarterly of Human Rights
volume
37
issue
4
publisher
Intersentia
ISSN
0169-3441
language
English
LU publication?
yes
id
96c3a368-73a6-4e8f-9d87-8964589754af
date added to LUP
2019-09-02 15:52:02
date last changed
2019-09-03 09:24:29
@article{96c3a368-73a6-4e8f-9d87-8964589754af,
  abstract     = {Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (the Istanbul Convention), will the EU be required to take new measures in light of the demands imposed by Article 59 of the Convention that addresses the residence rights of migrant women victims of violence? By clarifying these demands and juxtaposing them with the relevant EU law standards, this article shows the divergences and convergences between the two regional European legal orders. It also forwards concrete suggestions as to which EU rules might need to be modified. },
  author       = {Stoyanova, Vladislava},
  issn         = {0169-3441},
  language     = {eng},
  number       = {4},
  publisher    = {Intersentia},
  series       = {Netherlands Quarterly of Human Rights},
  title        = {On the Bride’s Side? Victims of Domestic Violence and their Residence Rights under EU and Council of Europe Law},
  volume       = {37},
  year         = {2019},
}