The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence

2012 ◽  
Vol 51 (1) ◽  
pp. 106-132 ◽  
Author(s):  
Bonita C. Meyersfeld
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Best Practices ◽  
Violence Against Women ◽  
Human Rights Violations ◽  
Council Of Europe ◽  
Member States ◽  
Forms Of Violence

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (‘‘Convention’’) joins a small number of treaties imposing specific obligations on member states to prevent and address violence against women. The Convention is notable both for its encapsulation of best practices in combating violence against women and for its confirmation that all forms of violence against women, including domestic violence, are human rights violations for which states are responsible.

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.

scholarly journals The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in the Polish Social Safeguard System

2017 ◽  
Vol 12 (2) ◽  
Author(s):  
Magdalena Tabernacka
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Council Of Europe ◽  
Protective Function ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Heated Debate ◽  
Protection Of Human Rights ◽  
The Common

The ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence in Poland was preceded by a heated debate. From the very beginning it was be object of political battles between the conservative and liberal circles. Culturally and socially conditioned position of women has influenced its operation and the scope of its implementation. The Convention is a universally binding tool which guarantees the protection of human rights in events of violence against the woman and children. The case of this Convention in Poland proofs the existence of a universal European understanding of human rights protection standards. The Convention thus has a protective function not only for individuals but also, in a broader context, for the common European cultural identity.

Violence Against Women in South Africa

2012 ◽  
Vol 18 (5) ◽  
pp. 580-594 ◽  
Author(s):  
Ramadimetja S. Mogale ◽  
Kathy Kovacs Burns ◽  
Solina Richter
Keyword(s):  
South Africa ◽  
Domestic Violence ◽  
Human Rights ◽  
Violence Against Women ◽  
Criminal Law ◽  
Sexual Offense ◽  
The Government ◽  
Forms Of Violence

Violence against women (VAW) in South Africa remains rampant, irrespective of human rights– focused laws passed by the government. This article reflects on the position of two acts: the Domestic Violence Act No 116 of 1998 and Criminal Law (Sexual Offense and Related Matters) Act No 32 of 2007. Both are framed to protect women against all forms of violence. The article discusses the prisms of the two laws, an account of the position taken or interpreted by the reviewed literature regarding the acts, and the findings and recommendations regarding the infrastructure and supports needed to appropriately implement the two acts.

scholarly journals On Inter-State Litigation and Armed Conflict Cases in Strasbourg

2021 ◽  
pp. 1-48
Author(s):  
Philip Leach
Keyword(s):  
Human Rights ◽  
Eastern Europe ◽  
Armed Conflict ◽  
Human Rights Violations ◽  
Council Of Europe ◽  
Regular Feature ◽  
Member States ◽  
Related Individual ◽  
European Court ◽  
Inter State

Abstract The reluctance of Council of Europe member states to challenge each other at the bar of Europe, through the litigation of inter-state cases at the European Court, used to be a regular feature of the Strasbourg system. However, conflicts of different kinds in eastern Europe have led to a surge of such cases in recent years, as well as the introduction of thousands of related individual applications. The serious challenges presented, in particular by conflict-related cases, have led some commentators to question whether they can feasibly remain part of the Strasbourg process. For others, the focus should rather be on how such cases can be more effectively processed and assessed. This article emphasises the significance of both inter-state cases in general, and of cases arising from armed conflict (including individual applications): their political and legal importance; their centrality to the European human rights system; and how vital they are for individual victims of human rights violations. It analyses a number of controversial or challenging aspects of the adjudication of these cases, and puts forward some proposals for reform.

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 Cases of the European Court of Human Rights Significant for European Integration of Ukraine: Levchuk v. Ukraine, Judgment of 3 September 2020 (Final on 3 December 2020): Case Commentary

2021 ◽  
Vol 6 ◽  
pp. 73-76
Author(s):  
Pavlo Pushkar
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
European Integration ◽  
Violence Against Women ◽  
Case Law ◽  
Point Of View ◽  
Council Of Europe ◽  
European Court ◽  
Legal Mechanism ◽  
Istanbul Convention

The decision of the Strasbourg Court in the Levchuk case is important from the point of view of Ukraine's European integration prospects: first, from the point of view of the judicial system's response to domestic violence; secondly, from the point of view of the basic legislation concerning the possibilities of the state's response to these manifestations and the available means of protection. Thirdly, this concerns the ratification of the Istanbul Convention (Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence), which entered into force on 1 August 2014, since Ukraine signed the Convention but has not yet done so. party in the absence of ratification of the Convention. It is clear that the future actions proposed by the Ukrainian authorities should be based on the established case law of the European Court of Human Rights, as well as on other international legal instruments, including the Istanbul Convention, which was signed but not ratified by Ukraine. Last but not least is the recognition of the Istanbul Convention as one of the key elements of the EU's foreign, and therefore domestic, policy as a legal mechanism for systematically combating domestic violence.

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.

"Learning and living democracy for all". Council of Europe Programme promoting Citizenship and Human Rights Education

CADMO ◽  
2009 ◽  
pp. 47-54
Author(s):  
Yulia Pererva
Keyword(s):  
Human Rights ◽  
International Cooperation ◽  
International Institutions ◽  
Democratic Citizenship ◽  
Human Rights Education ◽  
Social Rights ◽  
Council Of Europe ◽  
Member States ◽  
Close Cooperation

- Since 1997, the Council of Europe has supported a Project on Education for Democratic Citizenship and Human Rights (EDC/HRE) with the aim of complimenting its treaty related activities in the fields of Human and Social Rights. The article presents the programmes and the initiatives supported and developed by the Council of Europe both at an international and at the national levels as well as the most important adopted texts and publications. It outlines the principles on which partnership and networking are built by the Council of Europe in close cooperation with member states and other regional and international institutions.Keywords human rights education, education for democratic citizenship, international cooperation.

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