scholarly journals International Policy Framework

2021 ◽  
Author(s):  
Norbert Leonhardmair ◽  
Paul Herbinger ◽  
Marion Neunkirchner
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Ground Level ◽  
Policy Framework ◽  
European Level ◽  
Front Line ◽  
International Policy ◽  
Policy Documents ◽  
Legal Frameworks ◽  
Istanbul Convention

This chapter describes the international policy framework and efforts made on the international and European level to further the fight against violence against women and domestic violence. The respectivenational legal frameworks and organisational context of front-line responder services are discussed in-depth in the following chapters. The IMPRODOVA project followed a bottom-up approach in itsinvestigation of ground-level practices of cooperation of frontline responder services, which are, however, only meaningfully understood when interpreted in the governing national legal and policy framework.While numerous international policy documents relate to domestic violence, the ratification of the Convention on Preventing and Combating Violence against Women and Domestic Violence in 2011represents perhaps the most significant attempt to institute a comprehensive policy framework in this field. The "Istanbul Convention" includes the first legally binding, international, and wide-reaching set ofnorms to combat violence against women in general and domestic violence specifically.

What About Men? The Marginalization of Men Who Engage in Domestic Violence

2021 ◽  
pp. 088626052199746
Author(s):  
Ella Kuskoff ◽  
Andrew Clarke ◽  
Cameron Parsell
Keyword(s):  
Domestic Violence ◽  
Critical Discourse Analysis ◽  
Violence Against Women ◽  
Government Policy ◽  
Critical Discourse ◽  
International Policy ◽  
Policy Responses ◽  
Policy Context ◽  
Analysis Methodology ◽  
Australian State

In an international policy context that is increasingly recognizing the gendered nature of domestic violence, governments are becoming more attuned to the importance of improving policy responses for women who have domestic violence enacted against them. This has not, in general, been accompanied by a similar focus on improving policy responses to men who engage in domestic violence, despite a burgeoning body of scholarship suggesting that improved responses to such men are required to more effectively prevent domestic violence from occurring. Importantly, current scholarship also highlights the significant and complex tensions that may arise when policy informed by gendered understandings of domestic violence increases its focus on the men who enact it. Drawing on a critical discourse analysis methodology, we analyze how these tensions are negotiated in domestic violence policy in the Australian state of Queensland. Findings from this analysis demonstrate that the way government policy discursively constructs men who engage in domestic violence has important implications for how such policy targets and engages with members of this group. The article demonstrates that when such men are constructed as outsiders to the community, they may be viewed as undeserving of inclusion and support. This can result in governments failing to prioritize interventions targeted at men who engage in domestic violence, and prevent the active inclusion of such men in the development of policy and interventions. These findings provide important lessons for international governments seeking to implement or strengthen policy responses to end domestic violence against women.

Regulatory and legal environment of counterfeiting and prevention of domestic violence against women

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Hbur Liusia ◽  
Keyword(s):  
Domestic Violence ◽  
Gender Equality ◽  
Violence Against Women ◽  
Physical Violence ◽  
Psychological Violence ◽  
Forced Marriage ◽  
World Community ◽  
Wide Range ◽  
Domestic Violence Against Women ◽  
Istanbul Convention

The article analyzes the legal support for combating and preventing domestic violence against women. The statistics show that in 2020 the bodies and institutions entrusted with the functions of implementing measures to prevent and combat domestic violence received 211,362 complaints about domestic violence, of which – 2,756 from children, 180,921 – from women , 27 676 – from men. It is concluded that the ratification of the Istanbul Convention is still open, which currently helps all signatory states to effectively combat a wide range of phenomena, including psychological violence, physical violence, sexual violence, especially rape, forced marriage, forced abortion, forced abortion, forced abortion. genitals, crimes in the name of so-called «honor», harassment, sexual harassment, etc. In addition, the need to ratify the Istanbul Convention has been and continues to be insisted on by the world community, as by signing this Convention, Ukraine has committed itself to ratifying it in the future. It is determined that the normative-legal provision of prevention and counteraction to domestic violence against women consists of a set of international covenants, declarations and conventions, normative-legal and by-laws normative-legal acts. It has been found that the number of reports of violence against women is increasing every year, so the legislator should work to prevent any forms of domestic violence by amending the legislation governing preventive measures. Keywords: violence, women, gender equality, Istanbul Convention, domestic violence, combating violence, domestic violence, gender equality

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.

Varying Perspectives on the Treatment of Domestic Violence in New Zealand

2008 ◽  
Vol 30 (3) ◽  
pp. 50-53 ◽  
Author(s):  
Hillary Haldane
Keyword(s):  
Domestic Violence ◽  
New Zealand ◽  
Violence Against Women ◽  
Service Providers ◽  
Elder Abuse ◽  
National Level ◽  
International Treaties ◽  
Front Line ◽  
Government Officials ◽  
Cultural Backgrounds

Women's refuges have existed in New Zealand since 1973 and today over two hundred various community and national level organizations work with victims and perpetrators of domestic violence, sexual assault, elder abuse, and child endangerment. New Zealand service providers and government officials view their work in the area of violence against women as part of an international effort with an obligation to uphold the Convention on the Elimination of All Forms of Discrimination against Women, or CEDAW as it is widely known, a treaty ratified by the country in 1985. While there is considerable governmental and nongovernmental support for those whose lives are touched by violence, there is also considerable tension over how to best design and deliver the services to those who need them. New Zealand is a diverse nation with a large indigenous population and growing Pasifika and Asian communities. Many of the recent debates center on how to best design programs for a multicultural population while still privileging the rights of the indigenous Maori. New Zealand's experience in addressing violence against women illustrates the disjunction between transnational discourses of violence against women, and the proposed international solutions to the problem, and the local efforts to help survivors from diverse cultural backgrounds. First, I will provide a brief description of how services are designed and delivered in New Zealand. Second, I will outline the main philosophical disagreements found among social service providers. Third, I discuss why research on the front-line has the potential to tell us a great deal about the limits of international treaties and enhance our response to 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.

scholarly journals A Critical Assessment of Turkey’s Positive Obligations in Combatting Violence against Women: Looking behind the Judgments

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Devran Gülel
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Gender Equality ◽  
Violence Against Women ◽  
Critical Assessment ◽  
Due Diligence ◽  
European Court ◽  
Regional Organisations ◽  
The Government ◽  
Istanbul Convention

Abstract After almost two decades in power, R. T. Erdoğan and his Justice and Development Party (AKP) have established authoritarian and Islamist governance in Turkey, which has adversely affected gender equality and women’s rights. So much so, that in 2009 the European Court of Human Rights acknowledged that there is a climate conducive to domestic violence in Turkey (Opuz v. Turkey). Despite Erdoğan withdrawing Turkey unconstitutionally from the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), the government cannot withdraw from the state’s duty to protect its citizens from the criminal acts of private individuals. By using international and regional organisations’ approaches to positive obligations and due diligence as a measure, the article addresses whether Turkey is fulfilling its duty of protecting women from the violent conduct of others. It is concluded that the government is failing in its positive obligations and instead, is reinforcing the climate through its discourse and practices that strengthen a national tolerance of violence against women and the national authorities’ reluctance to address it, thus allowing for impunity of its perpetrators.

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.

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