scholarly journals DOMESTIC VIOLENCE IN EUROPEAN LEGAL DOCUMENTS

2018 ◽  
Vol 6 ◽  
pp. 647-652
Author(s):  
Libor Klimek
Keyword(s):  
Domestic Violence ◽  
European Union ◽  
Violence Against Women ◽  
Legal Framework ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Documents ◽  
Protection Orders ◽  
Victims Of Crime ◽  
Protection Order

This contribution deals with European legal documents in the context of domestic violence. It focuses on the most crucial contemporary documents containing requirements addressed to European States. It analyses documents of the European Union and the Council of Europe. It is divided into three sections. The first section introduces the European Union Directive 2012/29/EU on victims of crime (Directive 2012/29/EU establishing the minimum standards on the rights, support and protection of victims of crime), the second section analyses the Directive 2011/99/EU on the European protection order, and the third section briefly focuses on the Council of Europe convention on preventing and combating violence against women and domestic violence (Istanbul convention). Many problems occurred. The legal framework exists, but the needs of each victim should be assessed individually. As regards the Directive on victims of crime, no government is willing to monitor it. As regards the European protection order, only a few such protection orders have been applied.

scholarly journals Roggeband, C. & Krizsán, A. (2021) Politicizing gender and democracy in the context of the Istanbul Convention. Palgrave MacMillan

Intersections ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 177-179
Author(s):  
Lynda Gilby
Keyword(s):  
Domestic Violence ◽  
European Union ◽  
Social Movements ◽  
Gender Equality ◽  
Violence Against Women ◽  
Focal Point ◽  
Policy Instruments ◽  
The European Union ◽  
Council Of Europe ◽  
Istanbul Convention

The Council of Europe Convention on Violence Against Women and Domestic Violence, commonly referred to as ‘the Istanbul Convention,’ came into force in 2014, and is one of the most extensive legal and policy instruments on tackling violence against women (p. 2). However, opposition to the Istanbul Convention has become a focal point of broader opposition to gender equality in the European Union. This book explores the emergence and dynamics of this opposition. It investigates its implications for policies combating violence against women and contributes to scholarship of social movements, particularly their transnational qualities and their interaction with opponents and the state.

scholarly journals The Added Value of and Resistance to the Istanbul Convention: A Comparative Study in 27 European Member States and Turkey

2021 ◽  
Vol 3 ◽  
Author(s):  
Els Leye ◽  
Hayley D’Souza ◽  
Nathalie Meurens
Keyword(s):  
Domestic Violence ◽  
European Union ◽  
Data Collection ◽  
Violence Against Women ◽  
Support Services ◽  
Added Value ◽  
The European Union ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Istanbul Convention

One of the major achievements in tackling violence against women (VAW) is the adoption of the Council of Europe’s Istanbul Convention on VAW and Domestic Violence. The Istanbul Convention (IC) is a legally binding instrument tackling violence from a gender perspective, with a comprehensive set of measures. Although 21 European Union Member States (MS) and Turkey have ratified the Istanbul Convention and the European Union itself signed it, opposition towards gender equality has also risen. This paper reviews a study tendered by the European Parliament (the EP study), which aimed to understand the implementation of the Convention, its added value and arguments against its ratification. The EP Study grouped the 27 European Union MS and Turkey into those that have and have not ratified and implemented the IC. The EP study was based on four strands of data collection: 1) a literature review focusing on the impact of and arguments against ratification; 2) a legal mapping of the legislation to compare the criminal codes and support services of each country with relevant articles of the Convention; 3) national data collection to identify challenges in the implementation of the Convention and good practices; 4) a stakeholder on-line consultation. The study was conducted in 2020. The EP study found that ratification of the Convention triggered amendments to existing legislation and/or the adoption of new legal measures, but that legislative changes are less extensive in countries that have not ratified the Convention. Most European Union MS have adopted gender-neutral approaches to laws and policies, thus failing to acknowledge the gendered nature of violence against women and domestic violence. Seven of the European Union countries (BG, HR, LT, LV, MT, RO, TU) refer to physical, psychological, economic and sexual violence in their definitions of domestic violence, while nine countries (AT, BE, CZ, DK, EE, FI, FR, IE, LU) do not define domestic violence. Remaining challenges in the implementation of the Istanbul Convention include a lack of sustainable national action plans, and insufficient funding for specialist support services. Resistance to the Convention is evident even in countries that have ratified it, in response to proposed legislation on same-sex marriage, adoption or sexuality education in schools. Non-ratifying countries and countries with high resistance to the Convention often display victim-blaming public attitudes to intimate partner violence, stronger gender stereotypes and a stronger resistance to same-sex marriage/rights. The paper concludes by suggesting recommendations. The cut off date for data collection was 16 September 2020 and therefore legal and policy developments after that date were not included in this paper. This includes Poland and Turkey announcing their withdrawal from the IC in respectively July 2020 and March 2021. However, given the focus of this paper is on understanding the reasons behind resistance against the IC and on the differences between countries that ratified and those that did not, this paper contributes to a better understanding of how progress has been made following the IC, and points to the added value of the IC.

scholarly journals European regional mechanism for the prevention, punishment and elimination of violence against women

2020 ◽  
pp. 421-426
Author(s):  
Nataliia Kramarchuk
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Legal Framework ◽  
Biological Traits ◽  
Gender Based Violence ◽  
Council Of Europe ◽  
European Court ◽  
Victims Of Violence ◽  
Gender Based ◽  
Substantive Law

The article describes the process of establishing mechanism for preventing, punishing and eliminating violence against women in the European region and outlines the main components of such mechanism. The main non-binding Council of Europe instruments on violence elimination against women, namely the Declaration on Policies for Combating Violence against Women in a Democratic Europe (adopted at the 3rd European Ministerial Conference on Equality between Women and Men (Rome, 21-22 October 1993) and Council of Europe Committee of Ministers Recommendation Rec(2002)5 to member states on the protection of women against violence are analyzed. The key developments of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence are characterized. It has been found that in the Convention, the phenomenon of "woman" and "femininity" is disclosed through the category of gender, but not through purely sexual biological traits. Both the concept of gender based violence and cross-border approach to violence against women have been considered. The main obligations of States with regard to the protection of certain categories of women who may be victims of violence due to their particular status, such as migrant women and refugees, are also discussed in the article. The main aspects of substantive law norms of the Convention have been analyzed. The monitoring mechanism of the Istanbul Convention, which consists of Committee of the Parties and the Group of Experts on Action against Violence against Women and Domestic Violence, has been described. It has been found that the case law of the European Court of Human Rights plays an important role in developing effective mechanism for combating violence against women. The high-profile case of the ECHR concerning the issue of violence against women (Opuz v. Turkey, 2009) has been discussed. A brief overview of the legal framework on violence against women in Ukraine has been provided. Key directions for the improvement of the Ukrainian national mechanism for combating violence against women have been suggested.

scholarly journals ENVIRONMENTAL PROTECTION AS FUNDAMENTAL RIGHT GUARANTEED TO THE EUROPEAN LEVEL

2020 ◽  
Vol 14 (2) ◽  
pp. 121-130
Author(s):  
Alina Gentimir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Environmental Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Healthy Environment ◽  
Right To Information ◽  
The Right

The article examines, in a comparative perspective, both legal framework of the European Union and Council of Europe and case law of the Court of Justice of European Union and European Court of Human Rights in order to highlight superior level of the right to a healthy environment European protection. The multitude of concepts related to the environmental protection and their connections require compulsory conceptual delimitations. As other international and regional organizations, the European Union expresses interest in environmental protection, consecrating to it numerous legal instruments, the most relevant of these, in terms of human rights, being the Charter of Fundamental Rights, in which (Article 37) is provided expressly that environmental protection is a fundamental right, unlike the Council of Europe where this right is recognized only as an indirect right. Affiliation of this right to a certain category of rights – global rights, solidarity rights or individual or collective rights – has been a source of both doctrinal and jurisprudential disputes. Genuine interdependence with other fundamental rights such as the right to life, the right to private and family life, right to property and right to information ensues from the substance of the right to protection of the environment. The presentation of the principles which outline the content of the right in discussion emphasizes that the Charter text was drafted in accordance with the latest developments in the field of normative and jurisprudential environment established at international, regional and national levels, respectively, in interaction with the principle of sustainable development. Finally, an analysis of the most frequent modalities of environmental degradation contributes to find proper mechanisms for a better guarantee of the respect of environmental protection as a fundamental right.

scholarly journals Alcance del principio de participación equilibrada de género en el marco jurídico internacional: Naciones Unidas, Unión Interparlamentaria, Consejo de Europa y Unión Europea = Scope of the principle of gender-balanced participation in the international legal framework: United Nations, Inter-Parliamentary Union, Council of Europa and European Union

2019 ◽  
pp. 423
Author(s):  
María Nieves Saldaña Díaz
Keyword(s):  
European Union ◽  
United Nations ◽  
Legal Framework ◽  
Soft Law ◽  
The European Union ◽  
Council Of Europe ◽  
Representation Of Women ◽  
Binding Force ◽  
Las Mujeres ◽  
Democratic Systems

<p><strong>Resumen</strong></p><p>El reconocimiento de la participación equilibrada de género como principio para hacer efectiva la igualdad de mujeres y hombres y así legitimar los sistemas democráticos se ha llevado a cabo durante los últimos veinte años a través de diversos acuerdos de escasa fuerza vinculante (<em>soft law</em>) de las Naciones Unidas, la Unión Interparlamentaria, el Consejo de Europa y la Unión Europea. De ahí que se mantenga la infrarepresentación de las mujeres en todos los ámbitos y niveles decisorios, siendo necesario que se implemente a través de instrumentos jurídicos vinculantes que obliguen a las propias organizaciones internacionales a su efectiva aplicación y a los Estados miembros a su reconocimiento y regulación con el máximo rango normativo, a nivel constitucional y legal.</p><p><strong>Abstract</strong></p><p>The recognition of gender-balanced participation as a principle to make effective the equality of women and men and thus legitimize democratic systems has been carried out during the last twenty years through various agreements of low binding force (soft law) of the United Nations, the Inter-Parliamentary Union, the Council of Europe and the European Union. Hence, the under-representation of women in all areas and levels of decision-making is maintained, being necessary to implement it through binding legal instruments that oblige the international organizations themselves to effectively apply them and the member states to recognize and regulate them with the maximum normative range, at the constitutional and legal level.</p>

scholarly journals New criminal law responses of the Republic of Serbia to violence against women

Temida ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 169-187
Author(s):  
Sladjana Jovanovic
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Legal Framework ◽  
Council Of Europe ◽  
Penal Policy ◽  
Judicial Practice ◽  
The Subject ◽  
The Republic ◽  
Criminal Legislation ◽  
The Eu

The Republic of Serbia, within the framework of (intolerably) frequent amendments to the criminal legislation (often rooted in populist demands), has also improved its response to violence against women, which is the subject of this paper. In the first place, new criminal offences have been analyzed, as well as the more severe legislative penal policy, the main features of the Law on the Prevention of Domestic Violence, and the link between the legal framework and the judicial practice, in order to point out the existing shortcomings. The author concludes that changes in approaches are most often explained as necessity due to European integration, and harmonization with the EU law (in the field of protection of women from violence, for which the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence is of particular importance), so there is an impression that the changes are more formal, declarative and not well-thought-out.

scholarly journals PREVENTION OF DOMESTIC VIOLENCE IN THE REPUBLIC OF SERBIA

2019 ◽  
Vol 26 (6) ◽  
pp. 1777-1782
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
International Standards ◽  
Vulnerable Groups ◽  
The European Union ◽  
Council Of Europe ◽  
The Republic ◽  
The Government ◽  
Forms Of Violence

Domestic violence, not only in the Republic of Serbia but in other legal systems as well, is a dangerous criminal offence amongst crime violence which is going on between close relatives. Therefore, in addition to the system of criminal sanctions, various measures of preventive characters are applied more and more often against persons committing violence, in prevention of this dangerous social evil. Their goal is to prevent domestic violence in general or its recommission. Similar situation is in the Republic of Serbia where a special law has been applied since 2016.With the aim of taking organized and systematic activities of different social subjects, especially state organs to prevent and combat (repress) domestic violence or violence in relationships in the Republic of Serbia, the Government of the Republic of Serbia adopted in 2011 a “National strategy to prevent and combat violence over women in families and relationships”. This strategy is an expression of the RS Government’s resoluteness to protect women from domestic violence and relationships in advance, complying with international standards and acts on the protection of fundamental human rights - by providing support to all the subjects in their activities to prevent and combat these forms of violence. This way, the Strategy encourages application of international and domestic legal norms and standards protecting human rights, promoting gender equality and prohibiting any form of domestic or relationship violence against women, as form of violence which mostly affects women. This Strategy confirms inclusion of the Republic of Serbia into joint activities of the Council of Europe and the European Union, having the aim to raise social consciousness about the problem of domestic violence against women and forming of realistic assumptions for efficient prevention of these forms of violence. The essence of this Strategy are conclusions reached at the National Conference on combat against violence against women, held in 2007 as part of the Council of Europe’s campaign for the combating against all forms of violence against women, including domestic violence.The Strategy of the Republic of Serbia pays special attention to the group of women who are exposed (or potentially might be exposed) to multiple discrimination, as vulnerable groups of women, like women with disabilities, Roma women, mothers of disabled children, handicapped women or women with chronical diseases, women from the villages, older women, refugees or displaced women etc. This Strategy especially took into account a Recommendation of the Council of Europe 1905 (2010) on the necessity to protect children who witness domestic violence, adopted in March 2010, which leans on the Declaration of the Parliamentary Assembly of the Council of Europe 1714 (2010) on Children who witness domestic violence.

Determinants and barriers of PV self-consumption in Spain from the perception of the installers for the promotion of distributed energy systems

2020 ◽  
pp. 153-169
Author(s):  
José Ángel Gimeno ◽  
Eva Llera Sastresa ◽  
Sabina Scarpellini
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Legal Framework ◽  
Low Carbon ◽  
The European Union ◽  
Distributed Energy ◽  
Sustainable Solutions ◽  
Highly Sensitive ◽  
Transition Scenario

Currently, self-consumption and distributed energy facilities are considered as viable and sustainable solutions in the energy transition scenario within the European Union. In a low carbon society, the exploitation of renewables for self-consumption is closely tied to the energy market at the territorial level, in search of a compromise between competitiveness and the sustainable exploitation of resources. Investments in these facilities are highly sensitive to the existence of favourable conditions at the territorial level, and the energy policies adopted in the European Union have contributed positively to the distributed renewables development and the reduction of their costs in the last decade. However, the number of the installed facilities is uneven in the European Countries and those factors that are more determinant for the investments in self-consumption are still under investigation. In this scenario, this paper presents the main results obtained through the analysis of the determinants in self-consumption investments from a case study in Spain, where the penetration of this type of facilities is being less relevant than in other countries. As a novelty of this study, the main influential drivers and barriers in self-consumption are classified and analysed from the installers' perspective. On the basis of the information obtained from the installers involved in the installation of these facilities, incentives and barriers are analysed within the existing legal framework and the potential specific lines of the promotion for the effective deployment of self-consumption in an energy transition scenario.

Sign in / Sign up

Export Citation Format

Share Document