Abstract: Domestic violence, a complex phenomenon which can take multiple forms, represents a persistent problem for the Romanian society, as for many other European countries. The European Court of Human Rights takes a leading position in combating this form of violence with all available legal resources from the European Convention on Human Rights by qualifying the facts on the basis of the Article 3 (prohibition of inhuman or degrading treatment), as well as the Article 8 (right to private and family life) and 2 (right to life) corroborated with the prohibition of discrimination and with the Article 6 which guarantees the right to a fair trial before domestic judges. In this article we will try to disclose the impact of ECHR case-law on the internal regulations meant to combat domestic violence.
Keywords: domestic violence; ECHR; prohibition of inhuman or degrading treatments; positive obligations; non-discrimination