Våldet som inte är straffvärt : Psykisk misshandel i nära relation, rätten till privatliv och staters positiva förpliktelser

Sammanfattning: In recent decades, men’s violence against women has been perceived as an increasing problem in our societies. Men’s violence against women are nowadays also classified as a serious crime against human rights. The violence in an intimate relationship between a man and a woman restricts the woman’s sense of freedom and justice. The violence results in violation of the women’s rights to a private life.  It's usually the physical and sexual abuse of women that is the center in legal contexts within the scope of domestic violence against women. It’s therefore necessary to examine other specific forms of domestic violence within the legal scope in Sweden and the European Convention on Human Rights. This study has focused on the psychological abuse against women as a form of domestic violence. The psychological abuse against women is a serious matter in the Swedish society. This study has examined whether the psychological abuse against women is included in the Swedish criminal classifications. It has also examined whether the psychological abuse is, or should, apply within the state’s positive obligations especially in article 8 in the European Convention.  The results of this study have shown that Sweden do not have legal security for all forms included in psychological violence even though it’s such a serious issue in the Swedish society today. It has also shown that the right to privacy and a private life may be one of the reasons why Sweden hasn’t come up with a criminal provision against psychological abuse against women. Women’s right to a private life and freedom from all forms of abuse are therefore not fulfilled under the state’s positive obligations without this criminal provision, according to the positive obligations that article 8 in the European Convention should provide to all individuals.  Key words: Human rights, Women’s rights, State’s positive obligation, Domestic violence, Psychological abuse, Intimate relationship, Private life, European Court, European Convention on Human Rights, Swedish legal context.