ABSTRACT
This chapter explores the impact of the Istanbul Convention as an interpretative tool at the European level. It suggests that this legal instrument can be used by European and national judges alike to set higher standards of protection of women’s human rights while interpreting European and national law. In order to assess the potential of the Istanbul Convention, the chapter therefore proposes a threefold analysis of the Council of Europe, the European Union and the domestic levels, with a focus on two Italian cases. It also critically investigates the complex legal issues related to the ratification of the Istanbul Convention by the EU, and how an interpretation of EU law in light of the Istanbul Convention could overcome the political difficulties in the adoption of secondary legislation on combating violence against women. The chapter eventually encourages dialogue between European and national courts.
