A critical legal analysis on femicide : to which extent does EU law and ECtHR judgements impact the Maltese legal context?

Abstract

The primary objective of this dissertation is to investigate the causes that lead a man to kill his female present or former intimate partner, to recognize and avert intimate partner femicide, and to increase awareness among professionals employed in the sector. In light of the gender-based murders, this study will investigate the power imbalance among heterosexual couples as well as aspects associated to gender discrimination in society. A dual examination on femicide from both an international and national level ensues. This study is conducted by firstly analyzing the law on paper, highlighting workings of the United Nations (UN), General Recommendations of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Committee, and efforts of the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO). The Maltese legislative position is also appraised with reference to provisions of the Equality for Men and Women Act and the Gender-Based Violence and Domestic Violence Act. A study of the law in practice follows, wherein the standard of due diligence is recognized alongside judgements given by the European Court of Human Rights (ECtHR) and the Maltese courts respectively. The researcher evaluates the measures taken up in line with the Istanbul Convention to eradicate gender-based violence and eventual cases of femicide. The paper further weighs the decisions of the courts to delineate legal shortcomings and address potential steps that may be enforced to ensure that national legislation affords adequate protection to women who end up victims of violence. Upon analyzing court decisions concerning femicide, it may be argued that while sentencing the perpetrator to imprisonment may appear to be a successful method of punishing the culprit, the failure of authorities to take the required metrics sooner often results in the abuse culminating in murder. All of this begs the crucial question of ‘too little, too late’. A set of actions and recommendations is provided, and while some are currently in place, they must be continually enforced and modified to reflect the current circumstances. This dissertation may act as a spark for future research into this phenomenon and, as a consequence, greater awareness, which may result in the saving of valuable lives.