ABSTRACT

Migrant women in Europe are particularly at risk of experiencing various forms of violence. This issue has been widely recognised in the European context and beyond. However, the main problem in this area is not merely the absence of protective norms. Rather, law in this field plays a complex role because of a narrow focus on criminal law responses, which has overshadowed the need for a more comprehensive approach that also takes into account immigration law and the ways in which it contributes to migrant women’s vulnerability to violence. In this context, family reunification and labour migration law are crucial areas that require specific attention. A broader question that must be faced, then, concerns the capability of the human rights systems in Europe to shift their focus from moments of crisis (such as those already exacerbated phenomena of violence against women) to effectively addressing the socio-economic disenfranchisement experienced by migrant women as aggravated by norms in immigration law. This chapter explores the potential of the Istanbul Convention to do precisely this, by fostering a holistic approach to violence against women beyond a criminal law perspective.