scholarly journals Problems of definition of the concept of domestic violence as an object of criminal protection

Legal Novels ◽  
2021 ◽  
pp. 97-103
Author(s):  
N.V. Vysotska
Keyword(s):  
Domestic Violence ◽  
Criminal Protection ◽  
Definition Of

Gender Violence Experiences of Urban Adult Indigenous Women

2016 ◽  
pp. 256-277
Author(s):  
M. Cruz Sánchez Gómez ◽  
Antonio V. Martín García ◽  
Ana María Pinto Llorente ◽  
Paula Andrea Fernández Dávila ◽  
Pamela Zapata Sepúlveda
Keyword(s):  
Domestic Violence ◽  
Ad Hoc ◽  
Health Indicators ◽  
Gender Violence ◽  
Group Discussions ◽  
Domestic Violence Against Women ◽  
Women’S Perceptions ◽  
Public Health Indicators ◽  
Definition Of ◽  
Ways Of Life

This chapter deals with the problem of gender violence, especially in Chilean Aymara women. The aim of the study is to make a diagnosis of the indices and forms of domestic violence against women on the basis of gender in a sample of Aymara women from the urban area in the Arica and Parinacota Region (Chile). The chapter assumes the definition of intrafamiliar violence, according to the formulation adopted by Chilean legislation, as a complex and multi-determined phenomenon, which happens in the context of a culture and certain social relationships that support and make it possible. In this sense, it is one of the most dramatic manifestations of discrimination experienced by women because of their sexual condition. It is conceptualized as any form of physical, psychological-emotional, sexual, and/or economic abuse, which happens within the couple relationship, regardless of the legality of the bond. The chapter deals with the description of conditions and ways of life of the Aymara ethnic group, from socio-demographic, economic, and public health indicators that may be related to these women's perceptions concerning their situation in view of the intrafamiliar violence phenomenon. The research is a quantitative and qualitative multimethod design. The qualitative side of this study consists of group discussions in which the object of the research is analyzed through an outline ad hoc. The quantitative side of the research consists of the application of two standardized scales of domestic violence (WASTT and ISA).

Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

Domestic violence in pregnancy

2001 ◽  
Vol 12 (4) ◽  
pp. 249-271 ◽  
Author(s):  
Loraine Bacchus ◽  
Susan Bewley ◽  
Gill Mezey
Keyword(s):  
Domestic Violence ◽  
Emotional Abuse ◽  
Physical Violence ◽  
Female Partners ◽  
Living Together ◽  
The Many ◽  
Definition Of ◽  
Demographic Patterns ◽  
And Control ◽  
The Relationship

Definitions of domestic violence vary according to the frequency, severity and nature of the violence as well as the context in which it occurred and the relationship between the victim and the perpetrator. Though there is a lack of uniformity, a generally accepted definition of domestic violence is the physical, sexual or emotional abuse of an adult woman by a man with whom she has or has had an intimate relationship, regardless of whether the couple are living together. Although violence can be carried out by other family members or occur in same-sex relationships, it is argued that men use violence in order to maintain dominance and control over their female partners. Physical violence is just one of the many tactics that an abuser may use to exert control over his partner. Other behaviours include isolation, intimidation, threats of violence, threats to take the children away or hurt them and emotional or economic abuse. Whilst some studies have identified demographic patterns associated with domestic violence, it can affect any woman regardless of age, race, ethnicity, social class, employment status, religion, marital status or disability.

scholarly journals Defining Child Exposure to Domestic Violence: Lessons from a Historical Review of the Literature

2021 ◽  
Vol 2 (2) ◽  
pp. 173-180
Author(s):  
Stephanie Howard
Keyword(s):  
Domestic Violence ◽  
Child Welfare ◽  
Child Neglect ◽  
Driving Forces ◽  
Historical Review ◽  
Child Witnesses ◽  
Welfare Policies ◽  
Child Exposure ◽  
Definition Of ◽  
Policies And Practices

Child witnesses of domestic violence policies and practices have been fraught with conceptual challenges that limit their implementation. Such limitations are evident in the case of Minnesota, which amended their definition of child neglect to include a child’s exposure to family violence, only to later repeal this amendment in response to pressure from child welfare administrators and domestic violence advocates (Edleson, Gassman-Pines, & Hill, 2006; Kantor & Little, 2003). The conceptual flaws are also evident in disparities across state statutes for definitions of child witnesses of domestic violence and the legal penalties it carries (Child Welfare Information Gateway, 2021). To enhance the integrity of child witnesses of domestic violence policies and practices, critical attention is needed to clarify and refine the central construct. Pursuant to this goal, this conceptual paper analyzes and synthesizes the history of child welfare. It demonstrates how child witnesses of domestic violence became a social and legal problem. The author traces the evolution of child welfare as a concept and provides new insights. The author also sheds light on the driving forces of child welfare policies and practices. The paper begins in the colonial ages, which gave roots to the contemporary child welfare system. The author describes the early development of child welfare leading to contemporary practice. The paper ends by making evidence-based recommendations for constructing child welfare policies that enhance the safety of children exposed to domestic violence using least restrictive interventions.

scholarly journals DEFINITION OF MASS RIOTS IN RUSSIAN CRIMINAL LAWS

2020 ◽  
pp. 32-41
Author(s):  
Sergey A. Eliseev ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Single Person ◽  
Generic Term ◽  
Russian Federa Tion ◽  
The Russian Federation ◽  
Criminal Protection ◽  
Definition Of ◽  
Objective Aspect

The chapter 24 of the Criminal Code of the Russian Federation is devoted to crimes against public security. Articles of this chapter represent enough effectual instruments of criminal protection of public interests and protection of a person as well. However, studying of some articles of the chapter 24 of the Criminal Code and practice of its applying show the necessity to improve prohibitions, provided by it. For example, article 212 of the Criminal Code of the Russian Federation, despite verbalism, doesn’t give a strict idea on content of the subject of crime, provided by it. Literal interpreta-tion of the expression “mass disorder, leading with violence, demolition and arson…” allows to confirm, that subject of crime of mass disorder supposes such elements as mass disorder, violence and other actions, provided by p.1 art.212 of the Criminal Code of the Russian Federa-tion, which are followed by mass disorder, completed by them, committed simultaneously. Part 3 of the article 212 of the Criminal Code of the Russian Federation gives the same idea, it provides punishment not only for riotous statements in mass disorder or participation in it, but for calls to violence. But what we should refer to mass disorder, which is a part of objective aspect of a crime along with riotous behavior of a crowd (violence use, arsons, demolition and so on), is anyone’s guess. However, the title of the article, its purpose, content of criminal prohibition suggest that objective aspect of crime “mass disorder” includes one systematic element, which is committing demolition, arsons, violence use towards citizens by a great number of people (by a crowd). It makes sense to improve text of the article 212 of the Criminal Code of the Russian Federation. Within the meaning of crime mentioned in it, emphasis should be turned to aggressive actions of a crowd, because they form public danger of this action. Exactly these actions (violence use , arsons, demolition and so on) are caused damages to public relations, which provide security of life, health, property of a single person or a number of people, activity of state authority and government, functioning of organizations and enterprises. To define the notion of mass disorder it is enough to point out the essence of this action in the Criminal Code of the Russian Federation – the committing of some public dangerous actions by participants of the crowd. It is necessary to eliminate ineffectual stylistically and semantic expression “mass disorder, accompanying …” from the definition. Instead of it we should use a formula: “mass disorder - violence use towards a person, arsons, demolition and damage of property”. It is necessary to abandon repetitions in description of the objective aspect of mass disorder. It is obvious, that the notion “use of weapon” has a lot in common with the notion “provision of armed resistance to public authority” (it is generic term towards the latter); calling to violence towards citizens in context of the article 212 of the Criminal Code of the Russian Federation represent itself call to mass disorder.

scholarly journals The Powers of the Court in terms of Section 7(2) of the Domestic Violence Act 116 of 1998: KS v AM 2018 (1) SACR 240 (GJ)

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Moffat Maitele Ndou
Keyword(s):  
South Africa ◽  
Domestic Violence ◽  
Well Being ◽  
International Human Rights Law ◽  
Rights Of The Child ◽  
Legal Remedy ◽  
Wide Range ◽  
The Republic ◽  
Definition Of ◽  
The Right

The preamble of the Domestic Violence Act (116 of 1998) (DVA) recognises that domestic violence is a serious social evil and that there are high incidences of domestic violence in South Africa. The preamble further recognises that:a) victims of domestic violence are among the most vulnerable members of society;b) domestic violence takes many forms and may be committed in a wide range of domestic relationships; andc) the remedies previously available to victims of domestic violence have proved to be ineffective.The Constitution of the Republic of South Africa, 1996 (the Constitution) provides various rights that are also applicable to victims of domestic violence. The Constitution guarantees the right to dignity and to freedom and security of the person (see ss 10 and 12 of the Constitution respectively). Domestic violence against any person is a violation of these rights. The DVA further recognises that South Africa has international commitments to end violence against women and children in terms of the United Nations Convention on the Elimination of all Forms of Discrimination against Women and the Convention on the Rights of the Child. A right not to be subjected to domestic violence may not be specifically mentioned in international human rights law instruments, but freedom from all kinds of violence and the right to equality and human dignity is generally emphasised.The purpose of the DVA is to provide a legal remedy in the form of an interdict that prohibits a person from violating the rights of the complainant. In order to give effect to this purpose, section 7(1) of the DVA provides that the court may grant a protection order to protect the rights of the complainant. Section 7(2) of the DVA further grants the court the power to impose any additional conditions that it deems reasonably necessary to protect and provide for the safety, health or well-being of the complainant.In KS v AM (2018 (1) SACR 240 (GJ)), the court found that section 7(2) of the DVA empowered the court to order the seizure of the respondent’s digital equipment to remove any photograph, video, audio and/or records relating to the complainant. This case note examines the decision in KS v AM (supra) and determines whether the decision is justifiable in law. The definition of domestic violence is discussed first and thereafter the remedies available in terms of the DVA are examined. A discussion of the judgment in KS v AM (supra) follows.

scholarly journals Counteracting Domestic Violence: New Experience from the UK

2020 ◽  
Vol 14 (2) ◽  
pp. 338-350
Author(s):  
Natalya Golovanova
Keyword(s):  
Domestic Violence ◽  
Domestic Abuse ◽  
Physical Violence ◽  
Gender Violence ◽  
Genital Mutilation ◽  
Controlling Behavior ◽  
The Government ◽  
Extraterritorial Jurisdiction ◽  
Definition Of ◽  
The Uk

The author studies the experience of England and Wales on counteracting domestic violence. The article analyzes how the attitude of the society and the state to this phenomenon has changed, and, instead of being viewed as a commonplace event, it is now recognized as a serious gender violence crime and violation of human rights. Such recognition is based on the position of the UNO expressed in the Istanbul Convention of 2011; joining this Convention made it necessary for the British government to develop a new statute. This Act includes the legislative definition of domestic abuse (this term is an extension of the concept of «domestic violence» introduced at the government level), the introduction of the extraterritorial jurisdiction, more clearly defined methods of victim protection, a provision for a Domestic Abuse Commissioner, etc. The article outlines the path of the UK to the new legislative vision, starting with the development of inter-agency programs and pilot projects of victim assistance and ending with the adoption of legislative acts that criminalize different forms of domestic violence, including forced marriage, «honor» crimes and female genital mutilation. Special attention is paid to a new gender neutral crime - controlling behavior, whose introduction is viewed as unprecedented and controversial. Unlawful control is viewed as actions aimed at suppressing another person, their isolation from people close to them, and depriving them of means necessary for independence, resistance or escape. Coercion, in its turn, is an action or a model of behavior (attack, threat, humiliation, etc.) aimed at inflicting harm, at punishing or terrifying a victim. The author believes that studying British experience of developing inter-agency programs of victim support, including a program that provides information of the criminal past of an intimate partner, and the consistent criminalization of all forms of domestic abuse (even those not connected with physical violence) presents certain interest for Russian lawyers and researchers, and deserves their close attention.

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