Domestic violence by males inside and outside the European Union. What protection exists in the Istanbul Convention for women and the case law of the ECtHR and CJEU?

Abstract: The present paper aims to investigate the topic of domestic violence by a male figure as spouse, partner, husband, etc., which is linked to crimes that put a woman in a vulnerable situation, as a victim of domestic violence within the European Union. The problem is even more difficult when the woman finds herself in an environment with a male from a country outside the EU. Migration policies have now evolved, as well as the risks for women regarding forms of violence as a cause of structural and gender inequalities. The case law of recent times both from the Court of Justice of the European Union as well as from the European Court of Human Rights is now quite rich in interpreting international instruments such as for example the Istanbul Convention and the EU which have offered greater protection towards women who suffer domestic violence. This is therefore a topic that goes beyond the European scope and is in its infancy, very delicate and difficult given that the problem is not to distance a male from a woman but whether the violence suffered is all true and how we can truly protect a woman in such a situation.