One Standard for Us, Another for Them: Assessing the ECtHR’s Approach to Article 3 Violations in the Context of Asylum and Gender-Based Violence
The article “One Standard for Us, Another for Them: Assessing the ECtHR’s Approach to Article 3 Violations in the Context of Asylum and Gender-Based Violence” examines how the European Court of Human Rights interprets protections against torture and inhuman or degrading treatment under Article 3 of the European Convention on Human Rights in asylum cases involving gender-based violence. It argues that the Court’s jurisprudence sometimes reflects inconsistencies in evaluating the risks faced by asylum seekers, particularly women fleeing gender-based harm. The analysis highlights concerns that differing evidentiary standards and judicial reasoning can lead to unequal protection for vulnerable applicants, raising broader questions about fairness, consistency, and the effective safeguarding of human rights within Europe’s asylum framework.
