ECTHR

The case of J.S. v. Slovakia addresses the critical intersection of domestic violence and the boundaries of self-defence. After enduring years of systematic abuse, the applicant resorted to lethal force, invoking the 'Battered Woman Syndrome' as a central element of her psychological state. Before the European Court of Human Rights, she argues that domestic courts failed to conduct a gender-sensitive assessment of her situation, thereby violating her right to a fair trial under Article 6.

Beyond the individual tragedy, the case scrutinizes the State's positive obligations under Articles 2 and 3 to protect victims of domestic abuse. It invites a fundamental legal debate: Do traditional standards of 'immediacy' and 'proportionality' in self-defence sufficiently reflect the lived realities of long-term victims? This case challenges traditional interpretations of law to evolve through the lens of structural and psychological violence.