European Court of Human Rights Rules in Favour of a Woman Experiencing Violence: Slovakia Violated the Prohibition of Inhuman and Degrading Treatment

Košice, 4 February 2026

On 22 January 2026, the European Court of Human Rights (ECHR), in the judgement J.S. v. the Slovak Republic (application no. 35767/23), unanimously ruled that the Slovak Republic violated Article 3 of the European Convention on Human Rights after the domestic authorities failed to effectively investigate and assess a case of violence against women. The case concerned long-term violence perpetrated against a woman by her former husband, while the Slovak courts failed to assess the acts in the context of gender-based violence.

In her application, the applicant described years of physical and psychological violence by her then husband, including physical and verbal assaults, threats, coercive control, and intimidation. Although he was convicted in 2014 for one violent criminal offence and restraining measures were imposed, the Slovak courts ultimately acquitted him of the offence of ill-treatment of a close and entrusted person despite extensive evidence.

The ECHR concluded that the main failure did not lie in a lack of evidence, but in the manner in which the Slovak courts assessed and dismissed the evidence.

In its judgment, the ECHR found that the Slovak courts approached the case in an excessively formalistic manner, without an understanding of the specific features of domestic and gender-based violence. They failed to take into account the long-term nature of the violence, its repetitive pattern, the dynamics of power and control, or expert opinions confirming serious psychological consequences for the applicant and her children.

The Court emphasised that in cases of violence against women and domestic violence, the State has an obligation to assess evidence in a sensitive, contextual manner and without gender stereotypes. Repeated acquittals and criminal proceedings lasting more than seven years exposed the applicant to repeated traumatisation and prolonged uncertainty, which the ECHR considered a breach of the State’s positive obligations under Article 3 of the Convention.

The applicant, who was granted anonymity by the ECHR, stated in response to the judgment:

“For years, I felt that no one believed me and that what I had experienced was not taken seriously. This judgment confirms that the violence I endured was real and that the State should have protected me. I hope my experience will help other women so that they do not have to fight for justice for so long.”

The applicant’s legal representative, Vanda Durbáková, welcomed the judgment as a fundamental confirmation that the protection of women experiencing violence cannot remain merely declaratory:

„The European Court clearly stated that violence against women cannot be assessed as a series of isolated incidents and that ignoring its dynamics leads to violations of fundamental human rights. This judgment sends an important message to Slovak courts that formalism and stereotypes cannot prevail over the obligation to protect women from violence.”

According to the legal representative, the judgment may have a significant impact on future judicial practice in similar cases.

The applicant received long-term support and counselling, including free legal help, from the Fenestra Counselling and Intervention Centre.

“This judgment confirms what we have long pointed out – that systemic failures in addressing violence against women and the lack of accountability of perpetrators have serious and long-lasting consequences for women and their children,” said Dušana Karlovská, Programme Director of Fenestra.

“The European Court made it clear that the State bears responsibility when it exposes women experiencing intimate partner violence to repeated traumatisation through lengthy proceedings and insensitive evaluation of evidence. This is an important precedent that should lead to real changes in practice,” Karlovská added.

The ECHR judgment represents a significant challenge for the Slovak Republic to ensure effective, sensitive, and dignified protection for women experiencing violence in intimate partner relationships and their children. A current opportunity to do so lies in the State’s obligation to transpose the EU Directive on combating violence against women and domestic violence into national legislation.

CONTACTS:

Dušana Karlovská, Programová riaditeľka, Fenestra ; tel. č.: 0911 224 777 od 9:00 do 16:00; e-mail: fenestra@fenestra.sk

Vanda Durbáková, legal representative of the applicant
Phone: +421 911 440 809

Fenestra is a non-governmental organisation based in Košice, Slovakia which, since 1999, has provided direct assistance and support to women experiencing violence in intimate partner relationships and their children. Since 2022, it has also operated as an intervention centre for victims of domestic violence. In addition to direct support, Fenestra advocates for more effective protection and assistance by responsible institutions through cooperation with public authorities, education, proposing systemic changes, and commenting on legislation. Through public awareness-raising activities, it contributes to changing societal attitudes towards violence against women and domestic violence.
Website: https://www.fenestra.sk/en/

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