scholarly journals Case of “Levchuk vs Ukraine” and its importance for the protection of women from domestic violence in Ukraine

2021 ◽  
pp. 43-46
Author(s):  
Svitlana LOZINSKA
Keyword(s):  
Domestic Violence ◽  
National Court ◽  
Psychological Violence ◽  
European Court ◽  
Legal Opinions ◽  
The Moment ◽  
Effective Remedy ◽  
The Right ◽  
Domestic Violence Prevention ◽  
Physical And Psychological Violence

The paper is devoted to the characterization and analysis of the content of the key positions of the European Court of Human Rights embodied in the judgment in Levchuk v. Ukraine and related to the protection of the right to a fair trial, the right to an effective remedy and the right to respect for private and family life in the context of the protection and restoration of the applicant`s violated rights in connection with the commission of domestic violence against her. Therefore the purpose of the paper is to establish the content of the ECtHR’s legal opinions and positions embodied in the judgment in Levchuk v. Ukraine in the light of combating domestic violence, protecting victims and the prospects of the Court’s impact on domestic violence prevention and protection in Ukraine. Author states that the ECtHR's findings as to the need for the national court to take into account the risks of future physical and psychological violence by the applicant's ex-husband and cohabitant in deciding on his eviction as a realization of a right to an effective remedy not only per se, but also in an expedited trial. These components suggest that the Court in this case established a positive obligation on the part of the State of Ukraine through its judicial and law enforcement system to ensure the effective protection of the applicant from domestic violence. It is argued that despite the application by the ECtHR in this case only individual measures in the form of payment of compensation to the applicant, the precedent nature of the judgment in Levchuk v. Ukraine and the Court’s legal findings in the context of combating domestic violence in our country can lead to gradual and thorough regulative and administrative changes, approaching the moment of ratification of the Istanbul Convention by Ukraine.

scholarly journals A mulher contemporânea e a violência: o desafio do rompimento do silêncio

2020 ◽  
Vol 10 (30) ◽  
pp. 54-61
Author(s):  
Bianca Alves Durães ◽  
Beatriz Silva Camacho ◽  
Joseana Maria de Sousa Gomes ◽  
Marcella Karoline da Silva ◽  
Gilberlândio Pereira Oliveira ◽  
...  
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Psychological Violence ◽  
Derechos Humanos ◽  
Formal Complaint ◽  
Violencia Domestica ◽  
Las Mujeres ◽  
The Right ◽  
Motivating Factor ◽  
Physical And Psychological Violence

A violência contra uma mulher viola direitos humanos e atualmente, persiste como um dos problemas mais graves enfrentados. Compreender os motivos pelos quais a mulher que já sofreu violência doméstica não expressa à agressão sofrida por meio da denúncia formal. Estudo de abordagem quantitativa e qualitativa com 100 mulheres que já sofreram algum tipo de violência. A maioria das entrevistadas sofreu violência física e psicológica e não realizou nenhum tipo de denúncia devido ao medo e sua capacidade de coibição de registros de ocorrências e os exames de corpo delito, apesar da ampliação da legislação que protege e assegura o direito das mulheres acometidas pela violência na sociedade. As agressões física e psicológica predominam nos tipos de violência doméstica praticados, tendo o ciúme como principal fator motivador. A divulgação das informações sobre violência doméstica e os tipos de violência é fundamental às mulheres.Descritores: Informação, Violência contra a mulher, Violência doméstica. Contemporary women and violence: the challenge of breaching silenceAbstract: Violence against women violates human rights and currently persists as one of the most serious problems faced. To understand the reasons why women that suffered domestic violence don’t express to the aggression suffered through formal complaint. Quantitative and qualitative study with 100 women who have suffered some type of violence. Most interviewees suffered physical and psychological violence, and did not make any kind of complaint due to fear and their ability  of curbing occurrence records and misdemeanor body examinations, despite the expansion of the legislation which protects and ensures the right of women affected by violence in society. Physical and psychological aggressions predominate in the types of domestic violence committed, having jealousy as the main motivating factor. The dissemination of information on domestic violence and the types of violence is fundamental to women.Descriptors: Information, Violence Against Women, Domestic Violence. Mujeres contemporáneas y violencia: el desafío del silencio que violaResumen: La violencia contra la mujer viola los derechos humanos y actualmente persiste como uno de los problemas más graves que enfrentamos. Comprender las razones por las cuales la mujer que ha sufrido violencia doméstica no expresa la agresión sufrida a través de la denuncia formal. Estudio del enfoque cuantitativo y cualitativo con 100 mujeres que han sufrido algún tipo de violencia. La mayoría de las entrevistadas, que sufrieron violencia física y psicológica, no denunciaron ninguna queja debido al miedo, su capacidad para frenar los registros de sucesos y los exámenes de cuerpos criminales, a pesar de la expansión de la legislación que protege y garantiza los derechos de las mujeres afectados por la violencia en la sociedad. La agresión física y psicológica predomina en los tipos de violencia doméstica practicada, con los celos como el principal factor motivador. La divulgación de información sobre violencia doméstica y tipos de violencia es crítica para las mujeres.Descriptores: Información, Violencia contra la Mujer, Violencia Doméstica.

scholarly journals Domestic violence against women according to the viewpoint of family health strategy teams

2020 ◽  
pp. 850-855
Author(s):  
Giane Lopes Oliveira ◽  
Ninalva de Andrade Santos ◽  
Juliana Costa Machado ◽  
Vilara Maria Mesquita Mendes ◽  
Roberta Laíse Gomes Leite Morais ◽  
...  
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Family Health ◽  
Psychological Violence ◽  
Structured Interviews ◽  
Health Strategy ◽  
The Family ◽  
Domestic Violence Against Women ◽  
Family Health Strategy ◽  
Physical And Psychological Violence

Objective: The study’s purpose has been to understand domestic violence against women under the perception of Family Health teams. Methods: It is a descriptive study with a qualitative approach, which was performed with 24 professionals from Family Health Units located in a municipality from the Bahia State countryside, Brazil. Data collection took place through semi-structured interviews designed according to the thematic content analysis. Results: Physical and psychological violence were the most common forms of domestic violence against women, with alcoholism, jealousy and macho culture as triggers for aggression. Gender and power relations were evidenced in the context of violence. Conclusion: Therefore, it is possible to underline the need for training of the Family Health teams in order to identify and adequately handle cases of domestic violence against women, aiming for comprehensive care.

O’Keeffe v. Ireland: overview and analysis

2017 ◽  
Author(s):  
James Gallen
Keyword(s):  
Human Rights ◽  
Sexual Abuse ◽  
Tort Law ◽  
European Convention ◽  
Human Right ◽  
Vicarious Liability ◽  
European Court ◽  
Effective Remedy ◽  
The Right ◽  
The Impact

James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.

Microfinance and domestic violence

2020 ◽  
Vol 22 (5) ◽  
pp. 333-351
Author(s):  
Khondker Aktaruzzaman ◽  
Omar Farooq
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Psychological Violence ◽  
Content Type ◽  
Variable Approach ◽  
Women's Participation ◽  
Physical And Psychological Violence ◽  
The Impact ◽  
Instrumental Variable Approach

Purpose The purpose of this paper is to document the impact of participation in microfinance programs on domestic violence against women. Design/methodology/approach This paper uses the survey data from 69 villages in Bangladesh and the instrumental variable approach to estimate the effect of participation in microcredit programs on domestic violence. Findings The results show that women’s participation in microcredit programs does not reduce domestic violence. However, this result is possible only when the authors do not distinguish between female borrowers who have control over credit and those who do not have control over credit. Classifying female borrowers into these two categories can significantly change the results. The authors report significantly lower physical violence against those female who have control over credit. In case of psychological violence, the authors report no significant impact of control over microcredit. Originality/value The novelty of the paper lies in distinguishing between physical and psychological violence.

The Effect of WTO Dispute Settlement Rulings in the EC Legal Order: Reviewing Van Parys v Belgische Interventie- en Restitutiebureau (C-377/02)

2005 ◽  
Vol 6 (6) ◽  
pp. 1025-1032
Author(s):  
Delphine De Mey
Keyword(s):  
Dispute Settlement ◽  
National Court ◽  
Legal Order ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
Wto Dispute Settlement ◽  
European Court ◽  
The Right ◽  
Community Legal Order

On 1 March 2005, the European Court of Justice (hereinafter ‘ECJ’ or ‘the Court’) got another opportunity to rule on the effect of recommendations and decisions of the WTO Dispute Settlement Body (hereinafter ‘DSB’) in the Community legal order. The ECJ concluded that an individual does not have the right to challenge, before a national court, the incompatibility of Community measures with WTO rules, even if the DSB had previously declared the Community legislation to be incompatible with those rules.

Hirsi Jamaa v. Italy. Application No. 27765/09

2013 ◽  
Vol 107 (2) ◽  
pp. 417-423 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Convention ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights ◽  
Grand Chamber ◽  
Effective Remedy ◽  
Maritime Search And Rescue ◽  
The Right

In a unanimous judgment in the case Hirsi Jamaa v. Italy, the Grand Chamber of the European Court of Human Rights (Court) held that Italy’s “push back” operations interdicting intending migrants and refugees at sea and returning them to Libya amounted to a violation of the prohibition of torture and other inhuman or degrading treatment under Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR or Convention), the prohibition of collective expulsions under Article 4 of Protocol 4 to the Convention, and the right to an effective remedy under Article 13 of the Convention. Hirsi Jamaa is the Court’s first judgment on the interception of migrants at sea and it addresses issues concerning the 1982 United Nations Convention on the Law of the Sea and the 1979 International Convention on Maritime Search and Rescue, as well as the 1951 Convention Relating to the Status of Refugees.

scholarly journals Exhaustion of domestic remedies as a condition of lodging a complaint before the European Court of Human Rights

2017 ◽  
Vol 1 (3) ◽  
pp. 168-173
Author(s):  
Tamara Gerasimenko
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Scientific Methods ◽  
European Court ◽  
International Court ◽  
Scope Of Application ◽  
The Subject ◽  
Effective Remedy ◽  
The Right

The subject. The article is devoted to the subject of the exhaustion of domestic remediesbefore filing a complaint to the European Court of Human Rights.The purpose. The purpose of this article is to show and reveal the characteristics of suchimportant condition of lodging a complaint before the European Court of Human Rights asthe exhaustion of domestic remedies.The methodology. The following scientific methods have been used to write this article:analysis, comparing and making conclusions.Results, scope of application. The right of individual petition is rightly considered to be thehallmark and the greatest achievement of the European Convention on Human Rights. Individualswho consider that their human rights have been violated have the possibility oflodging a complaint before the European Court of Human Rights. However, there are importantadmissibility requirements set out in the Convention that must be satisfied beforea case be examined. Applicants are expected to have exhausted their domestic remediesand have brought their complaints within a period of six months from the date of the finaldomestic decision. The obligation to exhaust domestic remedies forms part of customaryinternational law, recognized as such in the case – law of the International Court of Justice.The rationale for the exhaustion rule is to give the national authorities, primarily the courts,the opportunity to prevent or put right the alleged violation of the Convention. The domesticlegal order should provide an effective remedy for violations of Convention rights.Conclusions. The rule of exhaustion of domestic remedies is an important part of the functioningof the protection system under the Convention and its basic principle. 

scholarly journals Eutanasia: legal regulation in european countries and prospects for legalization in Ukraine

2021 ◽  
Vol 7 (3) ◽  
pp. 479-486
Author(s):  
Marija V. Mendzhul ◽  
Andrianna Yu. Badyda ◽  
Yuliia I. Fetko ◽  
Roman M. Fridmanskyy ◽  
Viktoriia I. Fridmanska
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
Slovak Republic ◽  
Legal Regulation ◽  
European Countries ◽  
Passive Euthanasia ◽  
European Court ◽  
Fundamental Freedoms ◽  
The Moment ◽  
The Right

The article is devoted to a comparative legal study of the legalization of euthanasia in European countries and Ukraine. The authors have investigated the changes in the ECHR positions in the consideration of cases of euthanasia and assisted suicide. We concluded that the decisions of the European Court of Human Rights include an attempt to guarantee a balance in the right to choose the moment of death and the rights that are protected by 2 and 8 of the Convention on Human Rights and Fundamental Freedoms. The ECHR practice has been found to also influence the legalization of euthanasia in European states. Analysis of the laws of several European states in the context of legalizing the institution of euthanasia allowed us to group them as follows: European states that have legalized euthanasia (Netherlands, Belgium, Luxembourg, Switzerland, and Spain); European states that have legalized only passive euthanasia (Great Britain, Ireland, Latvia, Norway, Slovak Republic, Finland, Sweden, and Hungary); and European states that prohibit any kind of euthanasia (France, Poland, Romania, etc.).

The echr Grand Chamber Judgment in the case of Mugemangango v. Belgium

2021 ◽  
Vol 1 (1) ◽  
pp. 147-153
Author(s):  
Pieter Dirck G. Caboor
Keyword(s):  
Human Rights ◽  
European Court ◽  
Grand Chamber ◽  
Effective Remedy ◽  
The Right

Abstract The reviewed Judgment concerns a post-election dispute relating to the Walloon Parliament elections held on 25 May 2014. The European Court of Human Rights sitting as a Grand Chamber held unanimously on 10 July 2020 that the Kingdom of Belgium had violated the right to free elections and the right to an effective remedy at the occasion of the 2014 elections for the Walloon Regional Parliament.

Free Life after Life Imprisonment as a Human Right under the European Convention: European Court of Human Rights, Grand Chamber, Judgment of 9 July 2013, Vinter and Others v. The United Kingdom

2013 ◽  
Vol 9 (3) ◽  
pp. 501-512 ◽  
Author(s):  
Marek Szydło
Keyword(s):  
Human Rights ◽  
National Court ◽  
European Convention ◽  
Human Right ◽  
National Courts ◽  
European Court ◽  
Life Sentence ◽  
The Moment ◽  
Grand Chamber ◽  
Life Sentences

The recent judgment of the Grand Chamber of the European Court of Human Rights (‘the ECtHR’ or ‘the Court’) in Vinter and Others reflects a very significant change in the Court's attitude to those actions of the states parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the Convention’ or ‘the ECHR’) that consist in the imposition and further execution of whole life sentences. In this judgment, the Court concluded that Article 3 of the Convention – which prohibits torture, inhuman or degrading punishment – requires the reducibility of all whole life sentences as imposed by national courts, in the sense of a review mechanism which allows domestic authorities to conclude whether in the course of a life sentence the legitimate peno-logical grounds justifying the further incarceration of a life prisoner still exist. Moreover, such a mechanism or possibility for review of a whole life sentence must be provided for by a national law and, consequently, must be known to a life prisoner already at the moment of imposition of the whole life sentence. What is also important, a life prisoner, at the outset of his/her sentence, must know when (i.e. after how many years) and under what conditions a review of his/her sentence will take place or may be sought, and what he/she must do to be considered for release. Otherwise, the very imposition of a life sentence by a national court infringes Article 3 of the Convention.

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