ABSTRACT

The manner in which women are represented as legal subjects has long been a focus of feminist critique. The historical development of the law in this area had effectively silenced any protest of sexual abuse by married women; implied consent to sexual relations was built into the structure of marriage itself. The very existence of this rule encapsulated some of the problems that women have identified in relation to law: the gendered nature of law and the disempowerment of women. The European Court of Human Rights concluded unanimously that there was no breach of the Convention. The affirmation by the European Court of the human dignity of women makes this an important case in European human rights law jurisprudence. The weak discrimination protection provided by Article 14 and the absence of a specific equality clause has led to doubts about the adequacy of the Convention to protect women's human rights.