THE ITALIAN IMPLEMENTATION OF THE COUNCIL OF EUROPE CONVENTION ON VIOLENCE AGAINST WOMEN AND VICTIMS’ RIGHTS TO REPARATIONS

2015 ◽  
Vol 24 (1) ◽  
pp. 269-288
Author(s):  
Fulvia Staiano
Keyword(s):  
Violence Against Women ◽  
Council Of Europe ◽  
Female Victims ◽  
National Courts ◽  
Human Rights Treaties ◽  
Complex Source ◽  
International Obligations ◽  
Widespread Phenomenon ◽  
Victims Of Violence ◽  
Istanbul Convention

On 27 June 2013 Italy ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention). This ratification was the result of the recent focus of socio-political forces on the serious and widespread phenomenon of violence against women in Italy. This article seeks to analyze the issue of how to ensure the effective implementation of this comprehensive and complex source of international obligations in the domestic legal order. In this analysis, specific attention will be devoted to one particularly significant aspect of non-compliance with the Istanbul Convention, i.e. the rights of female victims of violence to receive State compensation as a form of reparation, enshrined in its Article 30. At the same time, the analysis of Article 30 will raise more general points with regard to how to remedy instances of failed implementation of human rights treaties, and most importantly on the possible role of national courts in ensuring respect of such treaties when the latter are not assisted by a supranational judicial authority in charge of their interpretation and implementation.

The Violence against Women and Domestic Violence and the right to liberty and security of person

2021 ◽  
Vol 8 (2) ◽  
pp. 33-38
Author(s):  
Ariana Qosaj Mustafa ◽  
Bistra Netkova
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Council Of Europe ◽  
State Obligations ◽  
International Obligations ◽  
Scope Of Application ◽  
Victims Of Violence ◽  
The Right ◽  
Istanbul Convention

International human rights instruments specifically dealing with protection of women from violence, include the UN Convention on Elimination of All Forms of Discrimination against Women (CEDAW) and the Council of Europe Convention on protection from violence against women and domestic violence (Istanbul Convention), provide enhanced protection for women from all forms of mental and physical violence and maltreatment. These conventions pose international obligations to state parties to protect the rights of women that are victims of violence including the right to security of person. With respect to violence against women, the article analyses the scope of application of the right to liberty and security of person, by discussing also the possibility of the use of the right of security of persons to the action of other individuals with respect to violence against women, in particularly the state obligations related to domestic violence.

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.

A Stark Choice: Domestic Violence or Deportation?

2018 ◽  
Vol 20 (1) ◽  
pp. 53-82 ◽  
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Migrant Women ◽  
Council Of Europe ◽  
Article 59 ◽  
Victims Of Violence ◽  
Comprehensive Framework ◽  
Forms Of Violence ◽  
Istanbul Convention ◽  
Area Of Protection

Abstract The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the Istanbul Convention) is a relatively recent treaty that has the objective to protect women against all forms of violence and to design a comprehensive framework of measures for achieving this aim. Migrant women are of special concern given the awareness that when their migration status is dependent on that of their sponsoring spouse, they might be faced with a stark choice between staying in an abusive relationship or risking being deported. Article 59 (residence status) of the Convention is intended to respond to this problem by providing an immigration relief to migrant women victims of violence by carving out exceptions in the immigration control prerogatives of host states. Article 59 raises two interrelated questions: under what conditions are these exceptions triggered and what is their transformative potential in the light of the immigration rights that Article 59 extends to migrant women. This article argues that while the Istanbul Convention will generate some positive changes, the overall advancement triggered by the treaty in the area of protection of migrant women suffers from significant limitations.

scholarly journals Handling Compassion Fatigue in Complaint and Referral Unit Volunteers: Case Study of Komnas Perempuan

2021 ◽  
Vol 5 (2) ◽  
pp. 240-263
Author(s):  
Hana Berliani Adiningsih ◽  
Zainal Abidin
Keyword(s):  
Protective Factors ◽  
Compassion Fatigue ◽  
Violence Against Women ◽  
Traumatic Stress ◽  
Secondary Traumatic Stress ◽  
Personal Characteristics ◽  
Educational Background ◽  
Female Victims ◽  
Stress Symptoms ◽  
Victims Of Violence

The spiking exposure of traumatic events faced by workers and volunteers in handling violence against women has the potential to lead to compassion fatigue. This research sought to describe the experience and protective factors of compassion fatigue in Complaint and Referral Unit volunteers who provide services to female victims of violence in Komnas Perempuan. A total of 3 respondents participated in this study through online interview. Thematic analysis is performed to analyze the data. The result suggested that the participants had compassion fatigue symptoms, which included burnout and secondary traumatic stress symptoms. The experience of burnout included physical and emotional exhaustion as well as guilt and helplessness. Whereas secondary traumatic stress was expressed in preoccupation of thoughts about victim’s violence case and projection in personal relationships. Nevertheless, these symptoms had been resolved due to protective factors such as personal characteristics (educational background and self-care) and social support (personal and professional support from the organization). This study added to our knowledge on how to create supportive system for volunters who provide services for victims of violence against women.

Häusliche Gewalt und Corona-Pandemie in Deutschland

2021 ◽  
Vol 70 (5-6) ◽  
pp. 357-378
Author(s):  
Jana Hertwig
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Häusliche Gewalt ◽  
Council Of Europe ◽  
Legal Requirements ◽  
Reference Framework ◽  
The Face ◽  
Women And Children ◽  
Legal Guidelines ◽  
Istanbul Convention

Noch gibt es keine verlässlichen Zahlen. Es zeichnet sich jedoch ab, dass die mit der Corona-Pandemie verbundenen strikten Ausgangsbeschränkungen auch in Deutschland zu einem Anstieg häuslicher Gewalt geführt haben. In dem Beitrag wird untersucht, an welchen rechtlichen Vorgaben sich der Staat orientieren muss, um einen vorläufigen Gewaltschutz für Frauen und Kinder im weiteren Verlauf der Pandemie zu gewährleisten. Als rechtlicher Bezugsrahmen gilt das Übereinkommen des Europarats zur Verhütung und Bekämpfung von Gewalt gegen Frauen und häuslicher Gewalt (Istanbul-Konvention), zu deren Umsetzung sich Deutschland mit der Ratifikation im Jahr 2018 verpflichtet hat. Im Blickpunkt stehen Maßnahmen in den Bereichen Prävention, Schutz und Unterstützung. Abstract: Domestic Violence and Corona Pandemic in Germany. Legal Requirements for Immediate Protection Against Violence for Women and Children in the Face of the Istanbul Convention There are still no reliable figures. It is becoming apparent, however, that the strict restrictions on staying home associated with the Corona pandemic have led to an increase in domestic violence in Germany as well. This article examines the legal guidelines that the state must follow to provide immediate protection against violence for women and children in the further course of the pandemic. The legal reference framework is The Council of Europe Convention on the prevention and combating of violence against women and domestic violence (Istanbul Convention), which Germany has committed itself to implementing by ratifying it in 2018. The focus is on measures in the areas of prevention, protection and support.

scholarly journals COMBATTING OR ENABLING DOMESTIC VIOLENCE? EVALUATING THE RESIDENCE RIGHTS OF MIGRANT VICTIMS OF DOMESTIC VIOLENCE IN EUROPE

2020 ◽  
Vol 69 (4) ◽  
pp. 1013-1034
Author(s):  
Catherine Briddick
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Gender Inequality ◽  
European Parliament ◽  
Eu Law ◽  
Council Of Europe ◽  
Eu Accession ◽  
Home Department ◽  
Istanbul Convention ◽  
The Eu

AbstractThe treatment of third-country nationals (TCNs) under EU law falls far short of the EU's commitments to eliminate gender inequality and to ‘combat all kinds of domestic violence’. Not only does Article 13(2)(c) of the EU Citizens’ Directive, as interpreted by the CJEU in Secretary of State for the Home Department v NA, fail to ‘safeguard’ the rights of TCNs, it may also enable domestic violence. When presented with an opportunity to remedy its disadvantageous treatment of TCNs by fully ratifying the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (the Istanbul Convention), the Council of the EU chose instead to pursue a selective and partial ratification which leaves TCN victims without recourse to the very provisions designed to assist them. The European Parliament stated that it ‘regrets’ this approach, recommending instead ‘a broad EU accession … without any limitations’. This article's analysis of the EU Citizens’ Directive and Istanbul Convention supports this recommendation.

Reservations/Declarations under the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and Convention on the Elimination of All Forms of Discrimination against Women (cedaw) in Light of Sex/Gender Constitutional Debates

2019 ◽  
Vol 8 (2) ◽  
pp. 188-214
Author(s):  
Ciarán Burke ◽  
Alexandra Molitorisová
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Monitoring And Evaluation ◽  
Quality Monitoring ◽  
Council Of Europe ◽  
Legal Advice ◽  
Advantages And Disadvantages ◽  
Istanbul Convention ◽  
The Eu

The decisions of the governments of Slovakia, Bulgaria and Latvia not to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) caused a turmoil within the Council of Europe system. This article first examines the respective rationales provided to justify the states’ decisions not to ratify the Convention. Against the background of the Bulgarian Constitutional Court’s recent decision, legal advice provided to the governments of Slovakia and Latvia and various public announcements, the present article examines legal, cultural, linguistic and societal arguments put forward by the respective governments against ratification. It then revisits the interpretative declarations submitted by Poland, Lithuania, Croatia and Latvia against the Convention’s narrow reservation regime. The article then compares the situation ignited by the Istanbul Convention with the reservation regime under the Convention on the Elimination of All Forms of Discrimination against Women (cedaw) and the so-called Sharia reservations. It highlights the interconnectedness of the two treaties as well as their differences, while shedding light on the treaties’ reservations/declarations regimes. In so doing, a discussion is offered of the advantages and disadvantages of wider and narrower reservation regimes in treaties pertaining to the rights of women. The article concludes by pointing to the implications for the validity and effectiveness of the interpretative declarations submitted by the EU countries in question if the Istanbul Convention and cedaw are not treaties in conflict, and if the declarations are manifestly unfounded. The article also places emphasis on the role of grevio and the cedaw Committee to combat potential withdrawal tendencies via high-quality monitoring and evaluation output.

scholarly journals Characteristics of violence against women in Campina Grande, north-eastern Brazil

2016 ◽  
Vol 18 (2) ◽  
Author(s):  
Lorena Marques Nobrega ◽  
Gigliana Maria Sobral Cavalcante ◽  
Italo de Macedo Bernardino ◽  
Ana Flávia Granville-Garcia ◽  
Efigênia Ferreira Ferreira ◽  
...  
Keyword(s):  
Violence Against Women ◽  
Young Women ◽  
Physical Violence ◽  
Chi Square ◽  
Female Victims ◽  
Eastern Brazil ◽  
Significant Difference ◽  
North Eastern ◽  
Chi Square Test ◽  
Victims Of Violence

Background: Violence against women can have serious consequences, where these victims are affected physically, psychologically, and socially. The aim of this study was to shed light on the sociodemographic characteristics and the characteristics of the conflict suffered by the female victims of violence, who were referred to a forensic medicine and dentistry service in an industrialized city in North-eastern Brazil. Methods: This study was performed in Campina Grande, Paraiba State (PB), Brazil, involving the analysis of 1704 reports of physical aggression in 2010; 883 reports involving female victims were selected. Sociodemographic data of the victims, circumstances of events, and characteristics of injuries were investigated. Data analysis included descriptive statistics, and chi-square test (p <0.05). Results: The sample consisted of young women, with mean age of 29.3 years, mostly unmarried, with little education, and mostly not working. The most frequent aggressor was a male known to the victim. The events were mostly a result of non-instrumental aggression, causing multiple injuries. There was statistically significant difference between whether the aggressor was or was not a family member and marital status of the victim (p<.001), and a significant difference between the use of instrument in the conflict and the presence of facial injuries was found (p<.001). Young women accounted for a high proportion of victims of physical violence. A high percentage of facial traumas was observed. Conclusion: Given the consequences of such trauma and its prevalence, it is important that future studies be conducted to highlight the risk factors, and to develop policies to combat violence against women.

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