scholarly journals THE CASES OF DOMESTIC VIOLENCE IN PROTRACTED QUARANTINE CAUSED BY COVID-19

2020 ◽  
Vol 16 (4) ◽  
Author(s):  
O.P. Babkina ◽  
I.A. Ushko ◽  
S.I. Danylchenko ◽  
V.O. Tarasyuk ◽  
I.I. Vako
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Statistical Processing ◽  
Psychological Trauma ◽  
Criminal Proceedings ◽  
Medical Institutions ◽  
European Standards ◽  
Restrictive Measures ◽  
Basic Standards ◽  
Descriptive Method

Relevance. The analysis demonstrated that legislative documents in Ukraine were developed to prevent and combat domestic violence, protect and respect human rights. The basic standards of the regulatory framework of Ukraine are consistent with the Istanbul Convention. A positive moment in the modern legislation of Ukraine is the establishment of restrictive measures for people who have committed domestic violence in the form of a ban on staying in a place of joint residence with a person who has suffered from domestic violence. Some recommendations on conducting a forensic medical examination in cases of domestic violence are proposed. Displayed aspects of an ethical approach in the "Rules for the Examination of Victims, Accused, and Other Persons" in order to reduce psychological trauma during the examination. Objective: to analyze and summarize the legal and forensic aspects of providing legal assistance to victims of domestic violence in Ukraine and to offer recommendations for their improvement Material and methods. The materials are data from available Internet sources within the spring of 2020; 68 appeals to forensic medical institutions. The analysis was performed using a descriptive method; fixation methods, statistical processing of the results. Results. Ukraine is oriented towards European standards, including in the area of issues of prevention and counteraction to domestic violence and respect for human rights. Recommended using modern methods of fixation during data collection and further examination of the victim in order to be able to use the obtained data by the parties to criminal proceedings / Сourt. Conclusions. The issue of prevention and counteraction to domestic violence needs special attention and further resolution due to the increase in domestic violence cases, especially during quarantine caused by COVID-19.

scholarly journals THE CURRENT CONDITION OF HOME VIOLENCE ISSUES AGAINST WOMEN IN UKRAINE AND FORENSICS ASPECTS

2020 ◽  
pp. 729-738
Author(s):  
O. Babkina ◽  
A. Tkachov
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Social Services ◽  
Violence Against Women ◽  
Criminal Liability ◽  
Psychological Trauma ◽  
Law Enforcement Agencies ◽  
Medical Institutions ◽  
Restrictive Measures ◽  
Medical Examinations

The article is devoted to the analysis of the aspects of providing legal assistance to women victims of domestic violence in Ukraine. Due to our analysis, we have demonstrated that in Ukraine, legislative documents have been developed at the legislative level to prevent domestic violence and the observance of women’s rights, and forms of domestic violence have been identified (psychological, physical, sexual). The main standards of the regulatory framework of Ukraine are consistent with the Istanbul Convention. In practical work, law enforcement agencies interact with social services, medical institutions, forensic medical examinations and many others to provide timely, fullfledged assistance to women in cases of detected domestic violence, and in each case develop a system of measures to prevent, promote and prevent domestic violence. A positive aspect in the modern legislation of Ukraine was the establishment of restrictive measures for persons who committed domestic violence in the form of a ban on staying in a place of cohabitation with a person who suffered from domestic violence; prohibitions of approaching a place or person who has suffered from domestic violence, etc. Attention is drawn to the fact that for the first two violations, the person who committed domestic violence can be held administratively liable, and for the third time, criminal liability. Recommendations are given on conducting a forensic examination in cases of domestic violence against women, in which, in addition to the mandatory points reflected in the Rules for the Examination of Victims, Accused and Other Persons, aspects of an ethical approach are noted to reduce the psychological trauma of women during examination. It was emphasized that the issue of beatings, torment and torture falls within the competence of the bodies of pre-trial investigation/court and is not the competence of forensic medical examination.

scholarly journals Proportionality of Interference with the Right to Peaceful Enjoyment of Property During the Seizure of Property in Criminal Proceedings in Ukraine

2020 ◽  
pp. 246-264
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Case Law ◽  
Criminal Proceedings ◽  
Human Right ◽  
European Court ◽  
Protection Of Human Rights ◽  
European Standards ◽  
The Right ◽  
International Instruments

This article considers relevant science and law enforcement practice issues of state intervention’s legitimacy in the right to peaceful property enjoyment in criminal proceedings during property seizure. These issues are considered everywhere through international instruments’ prism, particularly the Convention for the Protection of Human Rights (ECHR) and Fundamental Freedoms, Article 1 of Protocol No. 1 to the Convention and the ECtHR case-law. Based on the ECtHR case law, the authors analyze the conditions under which the state may interfere in exercising a protected right, often called criteria for intervention. Based on the fact restrictions are permissible if they are prescribed by law, necessary in a democratic society and pursue a legitimate goal, the authors consider these conditions through the lens of national law enforcement practices of Ukrainian criminal proceedings. The authors emphasize the relevance of these criteria of the legality of individual rights restriction in criminal proceedings since when applying for property seizure, the Ukrainian legislator requires investigating judges to consider reasonableness and restriction proportionality of property rights, and apply the least onerous seizure method, not suspend or excessively restrict a person’s lawful business activities, or other consequences significantly affecting others’ interests. Due to the amendment of the Ukrainian criminal procedure legislation, the practice is slowly approaching the European Court of Human Rights practice’s European standards. However, proper systematic, logical and consistent court decisions limiting the human right to peaceful property possession remain critical. Based on the study, the authors offer a model of logical reasoning, following which the investigating judges can correctly formulate the motivational part of the decision to satisfy or deny the request for property seizure. Particular attention is paid to the reasonableness, suitability, necessity, and proportionality of the means of restricting the right to peaceful enjoyment of the property and describes each of them.

scholarly journals ECtHR Decisions That Influenced the Criminal Procedure of Ukraine

2021 ◽  
Vol 4 (1) ◽  
pp. 102-121
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Rights ◽  
Criminal Procedure ◽  
European Convention ◽  
Criminal Proceedings ◽  
Legitimate Interests ◽  
European Standards ◽  
Close Relatives ◽  
The Right

As of 2020, 70 years have passed since the day of the adoption of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which Ukraine ratified in September 1997. It was from this date that the countdown to significant democratic transformations in Ukraine and the establishment of human and civil rights and freedoms began. In this article, the authors raise relevant issues of reforming the criminal process of Ukraine in the context of European standards. The old Code of Criminal Procedure of Ukraine was adopted in 1960 and was in force for almost half a century. During this time, it became obsolete and bore a significant imprint of the Soviet past, which was manifest in both the bodies that conducted the trial and had primarily repressive powers and the public interests that dominated the rights and legitimate interests of those involved in criminal justice. The conditions under which the first steps aimed at realising the importance of the Convention and the value of human rights enshrined in it took place were not easy. The path of reform processes in criminal proceedings was associated with the confrontation of the Soviet past with modern transformation. It was difficult to realise the need to harmonise national legislation with European standards of human rights and freedoms and consolidate their perception as one of the necessary conditions for Ukraine’s integration into the European legal space, as well as the need for a conceptually new worldview for both the people of Ukraine and law enforcement bodies – officers, judges, and prosecutors. The authors summarise the most important decisions of the ECtHR made on complaints against Ukraine during the period of the reform of criminal procedure legislation, analyse the problems identified by the ECtHR, and illustrate how the legislator implemented the ECtHR standards in national criminal procedure legislation. They note that on the basis of the Convention and the case-law of the ECtHR in criminal procedure legislation, important principles of criminal proceedings, such as adversarial proceedings, direct examination of evidence, the right to defence, the right not to testify against oneself and close relatives, and reasonable time are legitimised. For the first time, the legislation of Ukraine has enshrined a rule on the inadmissibility of evidence obtained as a result of a significant violation of human rights and freedoms. A separate segment of the article is devoted to the consideration of amendments to the criminal procedure legislation regarding the protection of the rights and legitimate interests of a person in respect of whom a measure of restraint in the form of custody is chosen. In order to ensure the right of a person to liberty and security, the position of an investigating judge and the institute of free legal aid have been introduced. In addition, the authors focus on the aspects of direct application of the Convention and ECtHR decisions in law enforcement practice without amending the legislation, as well as analyse the legislative perspectives arising from non-implemented ECtHR decisions. Keywords: European convention; human rights; criminal procedure; principles of criminal procedure; Ukraine; freedom from self-disclosure; the right not to testify against close relatives and family members; the right to defence.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

scholarly journals Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture

2021 ◽  
pp. 1-31
Author(s):  
Natalie R. Davidson
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Institutional Environment ◽  
Process Tracing ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Norm Change

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

Sign in / Sign up

Export Citation Format

Share Document