CYIL vol. 14 (2023)

PETRA PRESSEROVÁ CYIL 14 (2023) awareness-raising activities aimed at building a society sensitive to issues of discrimination and violence. 45 Finally, the state has an obligation to collect data on this type of violence and support research: it should therefore gather relevant statistics and know-how and disseminate them through awareness-raising. 46 4.1.2 Individual prevention The obligation of individual prevention (called also the obligation to ensure protection) brings a focus on an individual victim who is at risk of violence or its escalation. 47 Given that violence against women often endangers their life and health, such an obligation arises directly from the general right to life or the prohibition of inhuman and degrading treatment. 48 The state has a duty to adopt sufficient and proportionate protective measures against risk whilst taking into account any special needs and vulnerability of the victim. 49 As will be presented later, this step relies on the state knowing about the risk for the victim. As the state may learn about the violence once it already has been happening for some time, these obligations stand in the middle between the distinguished categories; placing it into the first set demonstrates an optimistic vision of the state finding out about the violence soon enough and providing the victim with sufficient protection. According to the author, two special purposes can be distinguished in relation to which the state should act. Firstly, it is the protection of the victim’s health and life and the prevention of harm to her physical health. Typical tools in this regard will aim at acute and emergency protection, such as protective orders within criminal proceedings, civil preliminary protective measures, expulsion, or eviction orders. Secondly, prevention in relation to the victim’s current and future psychological and emotional integrity should be ensured. In that regard, due diligence calls for instruments that can help minimise psychological harm and limit its deepening. 50 Specifically, the state has an obligation to provide victims with full spectral assistance, access to professional support services, a strong support network (crisis phone lines, counselling centres, shelters and crisis accommodation, special social benefits for victims etc.). 51 The lack of adopted measures in order to prevent the commission or escalation of violence against women has been regularly and repeatedly deemed a violation of the victim’s human rights. 52 For example, in the significant A. T. v Hungary case on domestic violence, the CEDAW Committee found a violation when Hungary did not implement relevant protective 45 DEVAW, art. 4/j); Beijing Declaration, op. cit. , §§ 125/e), g), j), 124/k); CEDAW, art. 5; ECOSOC, 1999, op. cit., § 25. 46 Beijing Declaration, op. cit. , §§ 125/e), g), j), and 124/k), 129; ECOSOC, 1999, op. cit., § 25. 47 ECOSOC, 2006, op. cit., § 82. 48 See Judgment of the ECtHR of 28.10.1998 in Osman v United Kingdom , no. 23452/94; Judgment of the ECtHR of 10.10.2000 in Akkoc v Turkey , no. 22947/93 and 22948/93; Judgment of the ECtHR of 26.03.1985 in X and Y v Netherlands , no. 8978/80 ; Judgment of the ECtHR of 31.05.2007 in Kontrová v Slovakia, no. 7510/04; Judgment of the ECtHR of 23.09.1998 in A v United Kingdom, no. 25599/94; Judgment of the Grand Chamber of the ECtHR of 10.05.2001 in Z and others v United Kingdom , no. 29392/95. 49 DEVAW, art. 4/l); Beijing Declaration, op. cit. , §§ 124/m), 125/c), 126/d). 50 See ECOSOC, 2006, op. cit., § 82. 51 DEVAW, art. 4/g); ECOSOC, 2006, op. cit., §§ 47, 82; ECOSOC, 1999, op. cit., § 25. 52 Bevacqua v Bulgaria , op. cit., § 83; S. L. v Bulgaria, op. cit.; J. I. v Finland, op. cit.; V. C. v Moldova, op. cit.

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