scholarly journals Ratification and Consequences of Sexual Offenses in the Criminal Code of Georgia

2021 ◽  
Vol 28 (42) ◽  
pp. 86-102
Author(s):  
Jumber Mailashvili
Keyword(s):  
Violence Against Women ◽  
Scientific Literature ◽  
High Standard ◽  
Criminal Code ◽  
Council Of Europe ◽  
Sexual Offenses ◽  
Pros And Cons ◽  
The Given ◽  
Istanbul Convention ◽  
Made In

Abstract This paper will discuss the issues of qualification of crimes against Sexual Freedom and Inviolability considered by Chapter 22 of Criminal Code of Georgia, which were made in the Criminal Code of Georgia after the Parliament of Georgia ratified the Council of Europe Convention on “preventing and combating violence against women and domestic violence” (Istanbul Convention) adopted on May 11, 2011. Georgia signed this Convention on June 19, 2014. This paper will discuss the relative aspects of qualifying circumstances and disposition of rape and other related corpora delicti and their understanding in a new manner. The article will study the pros and cons that resulted in the fundamental changes made to the Criminal Code of Georgia on May 30, 2018, after the ratification of the “Istanbul Convention”. The concept prevailing, in theory, provides a new definition about what problems were solved and what contradictions arose from the new changes. In court practice, there still prevails the view that in order for the action to be assessed as rape, it is necessary for a woman to carry out “selfless” resistance to the offender. However, there are frequent cases when no signs of resistance are found on the victim’s body. Given the above, as evidence of the absence of consent is not often established to a high standard by the investigation (for example, in the event of a threat of violence), the case ends with the acquittal of the accused. The article will present recommendations on making changes in some components of the action by the Parliament of Georgia in the future. Based on the scientific literature and the legislation, both, main and additional qualifying elements considered by the disposition of the given Articles will be discussed in detail.

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.

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.

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.

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.

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.

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.

Sign in / Sign up

Export Citation Format

Share Document