The phenomenon of gynaecological and obstetric violence (GOV) is a growing yet underreported practice which affects women disproportionately worldwide. It has already been addressed by the ju- risprudence of Human Rights Courts, such as the European Court of Human Rights (ECtHR), as well as treaty bodies, despite lacks in the international legal framework of a formal legal recognition. The contribution offers a reading of Article 3 of the European Convention of Human Rights (ECHR) with a feminist approach, focusing on GOV as example of an experience disproportionately targeting women and a form of gender-based violence, and assess whether the phenomenon – not only limited to the most serious violations, such as forced sterilizations – should be approached by the ECtHR as meeting the threshold of inhuman or degrading treatment, thus triggering Article 3 ECHR.
Gynaecological and Obstetric Violence: meeting the threshold of ill-treatment? A feminist reading of Article 3 of the European Convention on Human Rights.
Sara Dal Monico
2026
Abstract
The phenomenon of gynaecological and obstetric violence (GOV) is a growing yet underreported practice which affects women disproportionately worldwide. It has already been addressed by the ju- risprudence of Human Rights Courts, such as the European Court of Human Rights (ECtHR), as well as treaty bodies, despite lacks in the international legal framework of a formal legal recognition. The contribution offers a reading of Article 3 of the European Convention of Human Rights (ECHR) with a feminist approach, focusing on GOV as example of an experience disproportionately targeting women and a form of gender-based violence, and assess whether the phenomenon – not only limited to the most serious violations, such as forced sterilizations – should be approached by the ECtHR as meeting the threshold of inhuman or degrading treatment, thus triggering Article 3 ECHR.| File | Dimensione | Formato | |
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