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.

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.

scholarly journals The impact of international treaties on the shape of national criminal law on the basis of Article 48 1 of the Istanbul Convention

2019 ◽  
Vol 52 ◽  
pp. 37-54
Author(s):  
Dominika Bek ◽  
Olga Sitarz
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
International Treaties ◽  
Council Of Europe ◽  
Resolution Processes ◽  
Forms Of Violence ◽  
The Impact ◽  
Istanbul Convention

The Council of Europe Convention on preventing and combating violence against women and domestic violence has been ratified by 29 countries, including Poland. Among other things, pursuant to art. 48, Parties shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes, including mediation and conciliation, in relation to all forms of violence covered by the scope of this Convention. It is regulation that will provide a clear illustration of the reasons which render the implementation difficult or even impossible. Considerations set out in this paper will focus on three basic aspects — the ambiguity of the wording of art. 48 1, discrepancy between the legal text and its official substantiation, as well as the commanding and peremptory tone of its language.

scholarly journals PREVENTION OF DOMESTIC VIOLENCE IN THE REPUBLIC OF SERBIA

2019 ◽  
Vol 26 (6) ◽  
pp. 1777-1782
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
International Standards ◽  
Vulnerable Groups ◽  
The European Union ◽  
Council Of Europe ◽  
The Republic ◽  
The Government ◽  
Forms Of Violence

Domestic violence, not only in the Republic of Serbia but in other legal systems as well, is a dangerous criminal offence amongst crime violence which is going on between close relatives. Therefore, in addition to the system of criminal sanctions, various measures of preventive characters are applied more and more often against persons committing violence, in prevention of this dangerous social evil. Their goal is to prevent domestic violence in general or its recommission. Similar situation is in the Republic of Serbia where a special law has been applied since 2016.With the aim of taking organized and systematic activities of different social subjects, especially state organs to prevent and combat (repress) domestic violence or violence in relationships in the Republic of Serbia, the Government of the Republic of Serbia adopted in 2011 a “National strategy to prevent and combat violence over women in families and relationships”. This strategy is an expression of the RS Government’s resoluteness to protect women from domestic violence and relationships in advance, complying with international standards and acts on the protection of fundamental human rights - by providing support to all the subjects in their activities to prevent and combat these forms of violence. This way, the Strategy encourages application of international and domestic legal norms and standards protecting human rights, promoting gender equality and prohibiting any form of domestic or relationship violence against women, as form of violence which mostly affects women. This Strategy confirms inclusion of the Republic of Serbia into joint activities of the Council of Europe and the European Union, having the aim to raise social consciousness about the problem of domestic violence against women and forming of realistic assumptions for efficient prevention of these forms of violence. The essence of this Strategy are conclusions reached at the National Conference on combat against violence against women, held in 2007 as part of the Council of Europe’s campaign for the combating against all forms of violence against women, including domestic violence.The Strategy of the Republic of Serbia pays special attention to the group of women who are exposed (or potentially might be exposed) to multiple discrimination, as vulnerable groups of women, like women with disabilities, Roma women, mothers of disabled children, handicapped women or women with chronical diseases, women from the villages, older women, refugees or displaced women etc. This Strategy especially took into account a Recommendation of the Council of Europe 1905 (2010) on the necessity to protect children who witness domestic violence, adopted in March 2010, which leans on the Declaration of the Parliamentary Assembly of the Council of Europe 1714 (2010) on Children who witness domestic violence.

Down the Aisle of Criminalization: The Practice of Forced Marriage

2015 ◽  
Vol 23 (2) ◽  
pp. 101-120
Author(s):  
Iris Haenen
Keyword(s):  
Domestic Violence ◽  
The Netherlands ◽  
Violence Against Women ◽  
Criminal Law ◽  
European Countries ◽  
Council Of Europe ◽  
Forced Marriage ◽  
Legislative Action ◽  
Starting Point

Awareness of the practice of forced marriage — which refers to a marriage that at least one of the spouses entered into against their will, as a result of some form of coercion exercised by another person — is growing in Europe. Forced marriage is a daily reality in all European countries and has severe consequences for victims. Taking the 2011 Council of Europe Convention on preventing and combating violence against women and domestic violence as a starting point, this article aims to answer the question of whether the phenomenon of forced marriage ought to be separately criminalized in The Netherlands and England in light of the principle of internal subsidiarity. Comparing Dutch and English legislation concerning the practice of forced marriage, this article demonstrates the various intricacies of Dutch and English criminal law and then proceeds to argue that there are lacunae in the penal laws of both countries that require legislative action.

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.

Violence Against Women and Children Following the 2011 Great East Japan Disaster: Making the Invisible Visible Through Research

2018 ◽  
Vol 25 (7) ◽  
pp. 862-881 ◽  
Author(s):  
Mieko Yoshihama ◽  
Tomoko Yunomae ◽  
Azumi Tsuge ◽  
Keiko Ikeda ◽  
Reiko Masai
Keyword(s):  
Domestic Violence ◽  
Sexual Assault ◽  
Violence Against Women ◽  
Sexual Contact ◽  
Gender Based Violence ◽  
Women And Children ◽  
Gender Based ◽  
Unwanted Sexual Contact ◽  
Structured Questionnaire ◽  
The Invisible

This study reports on 82 unduplicated cases of violence against women and children after the Great East Japan Disaster of March 2011. Data were collected using a structured questionnaire from informants who worked with the disaster-affected populations. In addition to domestic violence, reported cases involved sexual assault and unwanted sexual contact, including quid pro quo assault perpetrated by nonintimates. Perpetrators often exploited a sense of fear, helplessness, and powerlessness and used threats to force compliance with sexual demands in exchange for life-sustaining resources. Findings point to the urgent need to develop measures to prevent and respond to postdisaster gender-based violence.

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

scholarly journals A Violência contra a Mulher, o Trauma e seus Enunciados: o limite da justiça criminal

2015 ◽  
Vol 9 (2) ◽  
pp. 22 ◽  
Author(s):  
José Cesar Coimbra ◽  
Lidia Levy
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Gender Inequality ◽  
Criminal Code ◽  
Relational Model ◽  
Traumatic Experiences ◽  
The Unconscious ◽  
Patriarchal Ideology ◽  
Violencia Domestica ◽  
Domestic Violence History

O Código Penal pode ser considerado a ferramenta que fornece as melhores respostas ao combate à violência contra a mulher ou é necessário encontrar outros canais mais eficazes de garantias no plano jurídico? Ainda que em termos globais seja notória a desigualdade relativa ao gênero, questiona-se, neste artigo, o quanto a opção criminalizadora não acabaria provocando o acirramento da mencionada desigualdade. Considerando-se que a hegemonia da ideologia patriarcal não seria o único argumento a fundamentar a análise das situações de violência doméstica, recorreu-se ao saber psicanalítico para entender as motivações que mantêm uma relação enredada em uma trama de agressividade mútua. A partir dessa perspectiva, procurou-se considerar os múltiplos aspectos envolvidos na construção de um vínculo capazes de potencializar a violência. Verificou-se o quanto experiências traumáticas na primeira infância podem provocar um efeito dessubjetivante e perpetuar uma história de violência doméstica através de gerações. Observou-se que arranjos inconscientes participam da formação de vínculos marcados por um tipo de dependência adesiva a partir do qual a autonomia é inconcebível. Neste modelo relacional a capacidade de pensar é anulada. Conclui-se pela necessidade de promover formas de intervenção nas quais a circulação formalizada da palavra auxilie no desenvolvimento da capacidade reflexiva dos sujeitos.Palavras-Chave: Violência contra a mulher. Lei Maria da Penha. Vínculo. Propostas de intervenção.***Abstract:Can the Criminal Code be considered the tool which provides the best answers to the fight on the violence against women or is it necessary to find other more efficient channels of assurance in the legal sphere? Although it is, overall, notorious the gender inequality, it is questioned in this paper how much the criminalizing option would not end up worsening the aforementioned inequality. Considering that the patriarchal ideology hegemony would not be the only argumentation to base the analysis of the domestic violence situations, it was used the psychoanalytical knowledge in order to understand the motivations which keep an entangled relation in a mutual aggressiveness plot. From this perspective, it was considered the multiple aspects involved in the building of ties able to empower the violence. It was observed how much the traumatic experiences of the early childhood can trigger a dis-subjectification effect and perpetuate a domestic violence history throughout generations. It was also verified that the unconscious arrangements take place in the building of bonds characterized by a type of adhesion-dependent from where the autonomy is unconceivable. In such relational model the thinking capacity is abolished. It is concluded the need to promote methods of intervention in which the movement formalized of the word aids in the development of the reflexive capacity of the subjects.Key-Words: Violence against women. Law Maria da Penha. Bonds. Proposals for Intervention.***Resumen:El Código Penal puede ser considerado la herramienta que proporciona las mejores respuestas al combate a la violencia contra la mujer o es necesario encontrar otros canales más eficaces de garantía en el plano jurídico? Aunque en términos globales sea notoria la  desigualdad relativa al género, se cuestiona, en este artículo, sí la opción por la criminalización no acabaría provocando el afianzamiento de la mencionada desigualdad. Se considera que la hegemonía de la ideología patriarcal no sería el único argumento a  fundamentar el análisis de las situaciones de violencia doméstica, se recurre al saber psicoanalítico para entender las motivaciones que mantienen una relación compleja en una trama de agresividad mutua. A partir de esa perspectiva, se procuró considerar los múltiples aspectos involucrados en la construcción de un vínculo capaces de potencializar la violencia. Se verificó en qué forma las experiencias traumáticas en la primera infancia pueden provocar un efecto des-subjetivizante y perpetuar una historia de violencia doméstica a través de generaciones. Se observó qué acomodos inconscientes participan de la formación de vínculos marcados por un tipo de dependencia adhesiva a partir de la cual la autonomía es inconcebible. En este modelo relacional la capacidad de pensar es anulada. Se concluye que es necesario promover formas de intervención en las cuales la circulación formalizada de la palabra auxilie en el desarrollo de la capacidad reflexiva de los sujetos.Palabras clave: Violencia contra la mujer. Ley María da Penha. Vínculo. Propuesta de intervención

Sign in / Sign up

Export Citation Format

Share Document