Legal protection of victims of domestic violence in the european union: a comparative perspective
LEX HUMANA(2024)
Abstract
The purpose of the article is to study the current state of legislation, policy, and practice of the European Union Member States in the area of combating domestic violence and protection of its victims, and also to identify and assess possible areas for improving the legal protection of victims. To achieve this goal, the author primarily uses theoretical methods of analysis and synthesis, comparison, regulatory and dogmatic, and systematic methods of legal research. The results show that the basis for effective legal counteraction to domestic violence is international legal instruments which are legally binding. In particular, the Istanbul Convention recognises that domestic violence encompasses all forms of physical, sexual, psychological, and economic abuse that occur within the family or in the place of cohabitation of partners, as well as between former or current spouses or partners, regardless of whether the perpetrator lives or has lived with the victim. At the national level, there is a certain similarity in the functioning of legal provisions in the legislation of EU countries. Particular attention is paid to the isolation of offenders, care for victims, especially children, the possibility of rehabilitation, supervision of offenders, and their integration into society in case of conviction and serving a sentence. The general orientation of the EU legislation is humanistic and aimed at protecting the rights of victims of domestic violence. The conclusions indicate that the regulation of combating domestic violence at the educational level and the protection of victims among migrants requires further research and improvement.
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Key words
EU,Domestic violence,Gender,Legal regulation.,Protection mechanisms
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