The Duplicity of Protection—Prosecuting Frightened Victims: An Act of Gender-Based Violence

2012 ◽  
Vol 76 (1) ◽  
pp. 29-52 ◽  
Author(s):  
Susan Edwards
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Criminal Justice ◽  
Gender Based Violence ◽  
European Court ◽  
Recent Developments ◽  
Perpetrators And Victims ◽  
Gender Based

This article considers the recent developments in the prosecution of perpetrators and victims of domestic violence, and focuses on domestic and European Court of Human Rights' jurisdiction. Particular consideration is given to hearsay and bad character provisions (Criminal Justice Act 2003) in bolstering the prosecution of perpetrators. The article examines the application by judges of the ‘interests of justice’ and ‘fairness' tests in the admission of such evidence. The recent prosecution of victims of domestic violence for contempt of court and perverting the course of justice because of their failure to give evidence is a serious breach of the state's obligation to protect, is vindictive and oppressive and, as such, perpetuates gender-based violence.

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.

Recent Developments

2012 ◽  
Vol 1 (2) ◽  
pp. 339-348
Author(s):  
Patricia Londono
Keyword(s):  
Decision Making ◽  
Domestic Violence ◽  
Human Rights ◽  
Physical Violence ◽  
Restraining Orders ◽  
First Case ◽  
European Court ◽  
Recent Developments

The European Court of Human Rights (ECtHR) has made an increasing number of key decisions concerning domestic violence, of which Kalucza v Hungary is the most recent. It is the first case that addresses the nature of the human rights obligations in circumstances where it is alleged that both parties to a domestic dispute are engaged in acts of unlawful physical violence. It also considers the requirement for swift decision-making where restraining orders are sought against violent partners. The requirement to give sufficient reasons when decisions pertaining to restraining orders is also evaluated. In addition, the judgment considers the duty to determine cases pertaining to the division of the home within a ‘reasonable when both parties are residing within it. This article considers the implications of this case, comparing it to other domestic violence cases that have been brought under both Articles 3 and 8.

scholarly journals Violence against women: global trends

2020 ◽  
pp. 89-98
Author(s):  
Tamara Rostovskaya ◽  
Natalia Bezverbnaya
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Psychological Health ◽  
Statistical Data ◽  
Health Protection ◽  
Gender Based Violence ◽  
Global Trends ◽  
The World ◽  
Gender Based

Around the world, one in three women is subjected to abuse, most often by someone they know, including their spouse or partner. The article deals with the nature of gender-based violence, the authors pay special attention to the gender-based violence within family. Statistical data on domestic violence in different countries are analyzed. Special attention is paid to the risks of vulnerability of women in the field of human rights, health protection, mainly reproductive and psychological health.

scholarly journals Formation of the modern paradigm of countering gender-based violence in the activities of international organizations

2021 ◽  
Vol 2 (16) ◽  
pp. 261-278
Author(s):  
Viktoriia Mykolaivna Rufanova
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
International Organizations ◽  
General Assembly ◽  
Gender Based Violence ◽  
Council Of Europe ◽  
World Community ◽  
Women And Girls ◽  
Gender Based

The author conducted a retrospective review of the activities of international organizations through the prism of their role in forming the legislative foundation for combating gender-based violence. It is noted that for the first time at the international level the norm of equality of all people was enshrined in Art. 2 of the Universal Declaration of Human Rights in 1948. An important step towards combating gender-based violence was the signing in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. The Istanbul Convention visualizes the issue of gender-based violence. It has been determined that women and girls are increasingly exposed to severe forms of violence, such as domestic violence, sexual harassment, rape, forced marriage, crimes committed in the name of so-called "honor", and genital mutilation, which constitutes a significant violation of human rights. for women and girls and is a major obstacle to achieving equality between women and men. The author singles out three conditional periods of formation of the modern paradigm of counteraction to gender - based violence in the activity of international organizations: 1) 1945 - 1974. The basic foundations of gender equality are laid at the level of the UN Charter and the Universal Declaration of Human Rights. Combating gender-based violence was not considered through the prism of sex discrimination. The activities of the world community were aimed primarily at combating discrimination against women in the political, socio-economic and cultural spheres of society. 2) 1975-2010.During this period, all 4 World Conferences on the Status of Women were held. In 1979, the General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women. Articles 30 of the Convention clearly define discrimination against women and propose an agenda for action at the national level to end such discrimination. The Declaration on the Elimination of Violence against Women, adopted by the General Assembly in 1993, contains a definition of violence against women. 3) 2011 - to the present time. This period covers the process of realizing the scale of the spread of gender-based violence. A key event of this period was the adoption in 2011 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. Activation of the world community to intensify the fight against gender-based violence. Adoption of sustainable development goals, in which gender equality is recognized as the general idea (Goal 5) and condition of sustainable development.

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

“Unity in Diversity” Reloaded: The European Court of Human Rights’ Turn to Subsidiarity and its Consequences

2021 ◽  
Vol 15 (1) ◽  
pp. 93-123
Author(s):  
Mikael Rask Madsen
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Reform Process ◽  
Individual Member ◽  
Member States ◽  
European Court ◽  
Recent Developments ◽  
Unity In Diversity ◽  
The Common ◽  
Individual Justice

Abstract The European Convention of Human Rights system was originally created to sound the alarm if democracy was threatened in the member states. Yet, it eventually developed into a very different system with a focus on providing individual justice in an ever growing number of member states. This transformation has raised fundamental questions as to the level of difference and diversity allowed within the common European human rights space. Was the system to rest on minimum standards with room for domestic differences, or was it to create uniform standards? These questions have come up as increasingly contentious issues over the past years and have triggered a number of reforms seeking to introduce more subsidiarity in the system, striking a different balance between the European and national oversight of human rights. The article analyses this turn to subsidiarity by exploring whether the reform process has introduced new forms of difference and diversity within the common space of European human rights. Covering the period from 2000 to the end of 2019 and using a dataset of all judgments of the period, the article provides a structural analysis of developments in reference to the margin of appreciation which is the European Court of Human Rights’ long-standing tool for balancing the common standards, yet leaving space for individual member states to find local solutions to implementing those standards. It concludes that recent developments have contributed to a more federal-style construction of European human rights with more space for differences within the common general standards.

Sign in / Sign up

Export Citation Format

Share Document