Abstract
I object to violence because when it appears to do good, the good is only temporary; the evil it does is permanent.M. GandhiDomestic violence is associated with various contemporary legal and cultural issues: fundamental human rights, non-discrimination, hatred, feminist theories, Western roots of aggression etc. In this article, the protection from domestic violence is viewed in the light of national and international laws, of the jurisprudence of the European Court of Human Rights, as well as of certain criminological insights. The structure of the research is divided as follows: first, the substantive issues of domestic violence and the concept of such aggressive actions are investigated. To illustrate the relation between international, criminal, civil and social security law, a schematic interaction between the aforementioned substantive laws is introduced. Secondly, procedural issues are analyzed, certain good practice examples are presented and reflections on law-making are laid out.
Highlights
Domestic violence is associated with various contemporary legal and cultural issues: fundamental human rights, non-discrimination, hatred, feminist theories, Western roots of aggression etc
I n tr o du c ti o n In Art. 1 of the Lithuanian law on the protection of domestic violence, it is enshrined that domestic violence involves the violation of human rights and freedoms
ISSN 2351-6097 Kriminolo gijos studijos 2016/4 i.e., I will try to answer in what circumstances the violation of human rights is severe enough to bring about criminal liability
Summary
Civil and administrative law Social security law Scheme No 1. The static interrelation of laws regulating domestic violence. It is seen that international law (in the context of this topic – the Istanbul Convention) draws certain guidelines for national regulation, putting in the centre criminal law. Lying in the “corners”) branches of law are not less important while dealing with domestic violence: civil and/or administrative law might provide certain immediate measures not necessarily related to criminal proceedings, whereas social security law might be the basis for providing psychosocial help for the victims (inter alia – in order to avoid secondary victimization). IiTnsh2ie0o1r2ne-l2as0ti1oo5n.f13bcetiwveienl arengidsternedoctomspolaciniatslansdeccoumrmietnycelmaewnt.oPf crraimginmal atically speaking, it is not so important under which branch of law one or another For the sake of objectivity, it should be noted that civil law might cover social security law – for instance, intervention or counselling centers and women’s/men’s shelters might fall under tTphraobecleeepdNrionog1sv. iiTnsh2ie0o1r2ne-l2as0ti1oo5n.f13bcetiwveienl arengidsternedoctomspolaciniatslansdeccoumrmietnycelmaewnt.oPf crraimginmal atically speaking, it is not so important under which branch of law one or another
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