International Law & World Order: Weston's & Carlson's Basic Documents III.B.23.1 Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (12 Apr 2011)

2014 ◽  
Keyword(s):  
Domestic Violence ◽  
International Law ◽  
Violence Against Women ◽  
World Order ◽  
Council Of Europe

scholarly journals The problems of violence against women in international law

2021 ◽  
Vol 12 (3) ◽  
pp. 803-819
Author(s):  
Valery V. Chernikov ◽  
◽  
Olga K. Goncharenko ◽  
Keyword(s):  
Domestic Violence ◽  
International Law ◽  
Violence Against Women ◽  
Legal Aspects ◽  
Council Of Europe ◽  
Public And Private ◽  
Genital Mutilation ◽  
The Public ◽  
Women And Girls ◽  
Basic Approaches

The problems of violence against women and domestic violence were reflected in Goal No. 5 of the 2030 Agenda for Sustainable Development, which calls for gender equality and empowerment of women and girls while addressing such challenges as elimination of all forms of discrimination against women and girls; eradication of violence against women and girls in the public and private sphere, including human trafficking, sexual and other forms of exploitation; liquidation of all harmful practices, in particular forced marriages and female genital mutilation. In this article, the authors examine existing conventional and doctrinal definitions and qualifications of the terms “violence against women” and “domestic violence” in international law, explore international legal aspects of prevention and combatting violence against women and domestic violence, conduct a comprehensive analysis of a conceptual framework related to these offences, and present basic approaches to the concept of domestic violence. The authors also examine the link between two core international universal and regional legal acts in this field — Convention on the Elimination of all Forms of Discrimination against Women and Council of Europe Convention on preventing and combatting violence against women and domestic violence. The authors derive a new understanding of the due diligence principle (a well-known principle/standard in international law) with regard to violence against women and domestic violence issues, clarify its key components while codifying states’ main obligations in this sphere. In conclusion, the authors deduce that the questions of elimination of discrimination against women and eradication of violence against women can only be considered collectively, confirming the validity of the theory of a genderbased approach to the issue, which is adhered to by international human rights bodies.

scholarly journals The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Polish Social Safeguard System

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Magdalena Tabernacka
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Council Of Europe ◽  
Protective Function ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Heated Debate ◽  
Protection Of Human Rights ◽  
The Common

The ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence in Poland was preceded by a heated debate. From the very beginning it was be object of political battles between the conservative and liberal circles. Culturally and socially conditioned position of women has influenced its operation and the scope of its implementation. The Convention is a universally binding tool which guarantees the protection of human rights in events of violence against the woman and children. The case of this Convention in Poland proofs the existence of a universal European understanding of human rights protection standards. The Convention thus has a protective function not only for individuals but also, in a broader context, for the common European cultural identity.

scholarly journals On the Bride’s side? Victims of domestic violence and their residence rights under EU and Council of Europe Law

2019 ◽  
Vol 37 (4) ◽  
pp. 311-335
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Migrant Women ◽  
Eu Law ◽  
Council Of Europe ◽  
Abusive Relationship ◽  
Victims Of Violence ◽  
Istanbul Convention ◽  
The Eu

Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (‘the Istanbul Convention’), will the EU be required to take new measures in light of the demands imposed by Article 59 of the Istanbul Convention that addresses the residence rights of migrant women victims of violence? By clarifying these demands and juxtaposing them with the relevant EU law standards, this article shows the divergences and convergences between the two regional European legal orders. It also forwards concrete suggestions as to which EU rules might need to be modified.

scholarly journals Some aspects of the study of international standards in the field of combating domestic violence and its impact on the criminal law policy of Ukraine

2021 ◽  
pp. 140-152
Author(s):  
Viktoriia Shpiliarevych
Keyword(s):  
Domestic Violence ◽  
Civil Rights ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
International Standards ◽  
International Criminal Law ◽  
Social Phenomenon ◽  
Gender Based Violence ◽  
Council Of Europe

The article states that domestic violence, existing in all spheres of public life, as a result leads into the destruction of family values, violation of human and civil rights and freedoms, makes an irreparable impact on mental and physical health of victims. Therefore, since ancient times it has been a problem of human existence, and, unfortunately, it is to remain relevant nowadays. In modern social developments, counteraction of domestic violence is one of the priorities not only of internal policy of any state, but also an issue of international criminal law policy. In particular, the study of about its extension in different countries proves the international nature of this negative social phenomenon. The fact that counteraction of domestic violence has become a part of Ukraine's domestic policy to create a society free of gender-based violence, was finally affirmed on November 7, 2011, when the Ukrainian state joined the Convention on Preventing and Combating Violence against Women and Domestic Violence adopted by the Council of Europe of May 11, 2011. The most important event in the history of criminal law policy in the field of domestic violence was the adoption on December 6, 2017, of the bills «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to implement the Council of Europe' Convention on Preventing and Combating Violence against Women and Domestic Violence». As a result, on January 11, 2019, the General and Special parts of the Criminal Code of Ukraine were supplemented with a number of norms related to the scope of counteraction of this negative social phenomenon.

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