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Home » Kurt v Austria: A missed chance to tackle intersectional discrimination and gender-based stereotyping in domestic violence cases. August 18, This case concerned a woman in Austria who experienced domestic violence at the hands of her husband, which resulted in his murdering their son. Nevertheless, important general principles regarding domestic violence were clarified.
It is argued that this resulted in the Court reinforcing gender-based stereotyping and victim-blaming. Furthermore, the missed opportunity to recognise the case as one of intersectional discrimination as it concerned a migrant woman will be discussed. The case concerned the murder of an 8-year-old boy who was killed by his father on school premises in May While the younger sister was left unharmed, the father shot his son with a gun, which he acquired a few days earlier, before leaving the school and committing suicide paras Following this latest complaint to the police, another restraining order was issued and criminal proceedings against the father were initiated.
In subsequent interviews, the children confirmed the beating by their father. The majority held, therefore, that the Austrian authorities had ordered appropriate measures to prevent a risk of renewed violence against the applicant and her children. In the present case, the Court introduced new general principles on the basis of the Osman test.
The latter established the positive obligation of Member States to ensure effective criminal law provisions as well as to take appropriate preventive measures to protect an individual whose life is at risk from the criminal acts of another individual Osman v United Kingdom For a positive obligation to arise,.