## Facts

- Şahide Goekce, an Austrian national of Turkish origin, experienced escalating domestic violence by her husband, Mustafa Goekce, resulting in repeated police interventions.
- On December 2–3, 1999, Mustafa choked her, threatened to kill her, and left visible bruises; police issued an expulsion and prohibition-to-return order.
- Prosecution for a “dangerous threat” required victim authorization; Şahide did not authorize prosecution for the death threat. Mustafa was charged only with minor bodily injury and was acquitted.
- In August 2000, police found Mustafa assaulting Şahide; she reported he threatened to kill her if she reported him. Police issued another expulsion order and sought his detention for aggravated coercion based on the threat, but detention was denied.
- Between 2001 and 2002, police were called multiple times and issued a further short-term expulsion order.
- Authorities were aware of repeated death threats and that Mustafa owned a handgun; requests to detain him were denied, and prosecutors later discontinued proceedings for bodily harm and dangerous threat for insufficient grounds.
- In December 2002, Mustafa shot and killed Şahide in front of her children; he later surrendered and was reportedly sentenced to life imprisonment in a facility for mentally disturbed offenders.
- The Vienna Intervention Centre against Domestic Violence and the Association for Women’s Access to Justice filed a communication on behalf of Şahide’s descendants under the Optional Protocol to CEDAW, alleging violations of CEDAW articles 1, 2(a), 2(c)–(f), and 3.

## Issues

1. Whether Austria failed to exercise due diligence to prevent, investigate, and punish serious domestic violence against Şahide Goekce as required by CEDAW articles 1, 2, and 3.
2. Whether police and prosecutorial inaction in the face of known, escalating violence and death threats amounted to sex-based discrimination under CEDAW.
3. Whether having domestic-violence legislation and protective measures was sufficient when authorities did not implement them effectively to protect a high-risk victim.

## Decision

- The CEDAW Committee found Austria violated CEDAW articles 1, 2(a), 2(c)–(f), and 3 in relation to Şahide Goekce.
- The Committee concluded Austria failed to exercise due diligence to protect her from serious gender-based violence, and that this failure constituted discrimination on the basis of sex.
- The Committee determined authorities had sufficient information to recognize a serious risk, including repeated police callouts, explicit death threats, and knowledge of firearm ownership, yet did not take adequate protective and criminal-law measures.
- The Committee recommended individual and general measures, including compensation to the victim’s descendants and steps to improve effective implementation of domestic-violence protections (including better coordination, risk assessment, and official training).

## Legal Principles

- Gender-based violence against women may constitute discrimination under CEDAW and can engage state responsibility even when committed by a private actor.
- A state breaches CEDAW where it fails to act with due diligence to prevent, investigate, punish, and provide protection and redress for domestic violence.
- A legislative framework is insufficient if enforcement is ineffective in practice; due diligence requires case-specific protective action proportional to foreseeable and serious risk.
- Where authorities know or should know of escalating violence, death threats, and access to weapons, failure to use available protective and criminal measures can amount to denial of equal protection and security for women.

## Conclusion

The Committee held Austria internationally responsible under CEDAW for failing to provide effective protection to a woman facing known, escalating domestic violence and death threats, finding that inadequate police and prosecutorial responses constituted sex discrimination and required both compensation and strengthened implementation measures.


Goekce (Deceased) v. Austria, Commc’n No. 5/2005, U.N. Doc. CEDAW/C/39/D/5/2005 (CEDAW Comm. 2007)