Combat Violence Research Articles

Regarding the issues of adapting the norms of the Code of Ukraine on Administrative Offenses in accordance with the provisions of the Istanbul Convention

The article is devoted to the analysis of issues related to the adaptation of the norms of the Code of Ukraine on Administrative Offenses (CUAO) in accordance with the provisions of the Istanbul Convention, which resulted from Ukraine’s ratification of this international document. Special attention is given to the amendments introduced by the Law of Ukraine «On Amendments to the Code of Ukraine on Administrative Offenses and Other Laws of Ukraine in Connection with the Ratification of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence». The article examines key innovations, including: strengthening administrative liability for domestic violence and gender-based violence; distinguishing the offense of «gender-based violence» as a separate legal norm, allowing for a clear distinction from other types of violence and ensuring the proper collection of statistical data in accordance with the requirements of the Istanbul Convention; introducing a separate section in Article 173-2 of the CUAO, which establishes administrative liability for domestic violence committed against children; introducing new offenses, such as sexual harassment, including the use of electronic communications; restricting the possibility of exemption from administrative liability due to the insignificance of the offense in cases related to domestic violence; expanding the legal status of victims, including children who have witnessed violence (minors and juveniles are recognized as victims if they were present during the commission of domestic violence); enhancing the effectiveness of preventive measures, particularly administrative detention, which increases the maximum period of detention to 12 hours in cases of domestic violence, gender-based violence, or failure to comply with an emergency restraining order, when necessary to establish identity or clarify the circumstances of the offense. The study analyzes the challenges arising in the process of implementing the Convention’s provisions into national legislation, including the need to harmonize law enforcement practices, train personnel in the field of law enforcement, and improve interagency cooperation in combating domestic violence. The significance of these legislative changes for Ukraine’s alignment with European human rights protection standards and effective response to incidents of domestic violence is highlighted.

Problems of Implementation of the Provisions of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence in Ukraine’s Legislation

The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence is an important international instrument aimed at preventing and addressing violence against women and domestic violence. Ukraine, like other signatories of the Convention, continues to encounter basic scientific and practical challenges in implementing its provisions in national legislation in matters relating to domestic violence. This article identifies some of predicaments and impediments affecting the national laws of Ukraine making it difficult in aligning with international prescription. Ukraine continues to face numerous challenges when addressing violence against women and domestic violence, such as awareness and understanding among relevant stakeholders, insufficient funding, resistance from certain sectors of society, and weaknesses in the existing legal framework. The article concludes by suggesting some guidelines for addressing these challenges, such as emphasizing the importance of raising awareness, ensuring adequate funding, engaging with resistant sectors of society, and strengthening the legal framework. Continued efforts are necessary to fully implement the Convention and prevent violence against women and domestic violence in Ukraine.

The Impact of Turkey's Withdrawal From the Istanbul Convention on Suspicious Female Deaths and Femicides.

In recent years, suspicious deaths, often portrayed as "falls from a height," have been increasingly associated with femicides in Turkey. This phenomenon coincided with the official withdrawal process from the "Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence" (Istanbul Convention). Our study aims to reveal the impact of Turkey's withdrawal from the Istanbul Convention on femicides and the yet officially unrecognized "suspicious female deaths." This research, conducted in a descriptive, cross-sectional epidemiological style, draws its population from records of suspicious female deaths and femicides that occurred in Turkey between January 1, 2020, and June 1, 2023. There has been a notable increase in the rate of suspicious female deaths. Additionally, a significant rise has been observed in the proportion of women who were employed, had children, and sought legal protection in these deaths. The study suggests a return to the Istanbul Convention.

Losing sight of the abuse: how and why women’s and children’s rights are violated in child contact decisions after intimate partner violence in Europe

ABSTRACT International human rights law sets out the right to life and freedom from torture and ill-treatment. This includes the positive obligation of states to prevent, protect and punish acts of private individuals that threaten the life and limb of another person. Permeating through many areas of law, this duty of due diligence is particularly important for women and children who require protection from abuse perpetrated by intimate partners or family members. The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence details these obligations, including in family law. Based on the work of the convention’s independent monitoring body (GREVIO), this article offers a categorisation of factors and mechanisms that thwart women’s and children’s rights in family law proceedings, resulting in unsafe child contact regulation after intimate partner violence. It shows the shared nature of these factors across several European jurisdictions and places them in context with the interpretative work of international human rights bodies and the European Court of Human Rights. Situating the discussion in the context of growing anti-feminist movements seeking to expand patriarchal notions of family authority, it argues for an understanding of family law processes as a setting for human rights violations.

Gender in European Union Asylum Law: The Istanbul Convention as a Game Changer?

Abstract The European Union (EU) has historically been a proactive player in advancing equality between women and men, and fighting gender-based discrimination. The past two decades have also seen the EU becoming a major actor in asylum law, with several EU secondary law instruments and a large amount of case law in EU Member States relating to the application of the 1951 Refugee Convention. Yet, these two areas of EU legislation – gender equality and asylum – have yet to become consistently connected. Similarly, judgments of the Court of Justice of the European Union addressing gender-related elements of asylum cases are scarce. Could the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) help bridge the gap? The Istanbul Convention identifies gender-based violence as an extreme form of discrimination and contains a whole chapter dedicated to women in the context of migration. This article sheds light on the yet-to-be-realized potential of the Istanbul Convention to amplify the protective power of the Refugee Convention in the EU. While at present neither the Common European Asylum System, nor its new iteration in the New Pact on Migration and Asylum, fully meets the standards of the Istanbul Convention, it may be expected that the EU’s accession to the treaty will further encourage a gender-sensitive approach in EU asylum law. The Istanbul Convention may well be a game changer for the protection of female asylum seekers, and possibly also for asylum seekers with other gender identities.

Criminalisation of the So-Called Forced Marriage in the Polish Criminal Law

Abstract This article discusses the issue of so-called forced marriages, the criminalisation of which was introduced into Polish criminal legislation by the Act of 13 January 2023 amending the Code of Civil Procedure and some other acts. Introducing the provisions of Article 191b into the Criminal Code aims to fulfil the obligation arising from Article 37 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence of 11 May 2011 (Journal of Laws of 2015, item 961). In addition to outlining the statutory features of new types of crimes, the article addresses issues such as criminal liability, the concurrence of regulations, and the issue of the so-called cultural defence.

Violation of labour protection rules (motive, cause, effect)

Relevance. The relevance of the study lies in the need to consider violations of labour protection rules as a form of violence, since violation of labour protection rules leads to hazardous working conditions, damage to the health of workers and a deterioration in their general well-being.Purpose. The main purpose of the study is to explore the relationship between violations of labour protection rules and violence in the workplace, as a possible predicate preceding the violation. The study is aimed at identifying the motives, causes, and consequences of violations of labour protection rules, as well as assessing their impact on the safety, health, and well-being of employees.Methodology. The article used methods of statistical analysis, analogy and generalization, as well as formal-legal and formal-logical approaches.Results. The authors of the article analysed the factors that contribute to violations of labour protection rules and revealed the relationship between these violations and the occurrence of violence in the workplace. They found that safety violations can become a source of tension and conflict both between employer and employee and between employees, which in turn can lead to physical and psychological abuse. The study of the article highlights the need to take measures to prevent violations of labour protection and combat violence in the workplace.Conclusions. The authors recommend strengthening monitoring of compliance with labour protection rules, providing training for workers in this area, as well as creating a supportive work culture based on respect, safety, and support. The findings will help to better understand the organization of criminal proceedings in the Republic of Kazakhstan and may be useful for preventing violations of labour protection rules and a qualitative investigation of this category of crimes.

Processos formativos para o enfrentamento das violências contra as mulheres no setor saúde: uma revisão integrativa

Abstract The health sector can contribute to the combat of violence against women, if its services offer qualified care, but there are challenges such as the lack of health professional qualification, even though it is provided in the National Policy to Combat Violence Against Women. This study aims to analyze how health workers have been qualified to act in the prevention and confrontation of violence against women in Brazil. An integrative literature review was made and sixteen articles were analyzed, addressing training trajectories and experience reports, both in the academic and the health service context. The training on this theme proved to be insufficient, which could lead to missed opportunities for detection, care and referral of these cases to the health sector or others related to the care network. Reports on educational experiences were identified in degree courses and in Primary Health Care services, which could boost future educational processes, a need reaffirmed in all the articles. The university, in collaboration with the Unified Health System (SUS), can contribute with reflective, participatory educational processes that consider the social complexity of violence against women.

Educational processes to combat violence against women in the health sector: an integrative review.

The health sector can contribute to the combat of violence against women, if its services offer qualified care, but there are challenges such as the lack of health professional qualification, even though it is provided in the National Policy to Combat Violence Against Women. This study aims to analyze how health workers have been qualified to act in the prevention and confrontation of violence against women in Brazil. An integrative literature review was made and sixteen articles were analyzed, addressing training trajectories and experience reports, both in the academic and the health service context. The training on this theme proved to be insufficient, which could lead to missed opportunities for detection, care and referral of these cases to the health sector or others related to the care network. Reports on educational experiences were identified in degree courses and in Primary Health Care services, which could boost future educational processes, a need reaffirmed in all the articles. The university, in collaboration with the Unified Health System (SUS), can contribute with reflective, participatory educational processes that consider the social complexity of violence against women.

The state of scientific development of the problems of criminal liability for gender-based violence in the context of armed conflict (martial law) in Ukraine in 2015-2018

This article continues the publication of scientific articles on the state of scientific development of the issues of criminal liability for gender-based violence in the context of armed conflict (martial law) in Ukraine. The author has devoted this scientific article to the analysis of the approved dissertation research topics on gender-based violence, including its types (forms), in 2015-2018.
 It is noted that the year 2014 in the history of Ukraine is associated with the beginning of the "hybrid” war of the Russian Federation: the occupation of the Autonomous Republic of Crimea (February-March) and the creation of "pseudo­republics” in the east - the so-called "dpr” and "lpr” (April). These events were the impetus for the legal assessment of such acts against the sovereignty and territorial integrity of Ukraine by international organizations and foreign leaders.
 It is emphasized that during this period, civil society organizations conducted research on the use of violence, including gender-based violence, by members of illegal armed groups against both civilians and prisoners of war from the Armed Forces of Ukraine and volunteer associations. The author emphasizes that such studies were carried out within the framework of grants and were interim in nature (covering either the beginning of the armed conflict or several months).
 It is concluded that among the approved dissertation research topics on gender-based violence, including its types (forms), in 2015-2018, 52.3% or 34% do not have information on scientific publications and dissertation research or do not have texts of dissertation research freely available.
 It has been established that the increase in 2018 in the number of dissertation research topics on gender-based violence and its forms (types) is due to the adoption in December 2017 of the Laws of Ukraine "On Prevention of Gender-Based Violence” and "On the Prevention of Gender-Based Violence”. The Laws of Ukraine "On Preventing and Combating Domestic Violence” and "On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to Implement the Provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence”. In particular, among the 24 topics of dissertation research: 8 are devoted to the problem of administrative and criminal liability for domestic violence, 4 to criminal offenses against sexual freedom and sexual inviolability of a person and its types.
 It is also noted that out of 65 topics, only 5 topics are directly devoted to the problem of gender­based violence in armed conflict and armed conflict in general, among which only one work is directly devoted to the problem of conflict-related sexual and gender-based violence as an international crime.
 At the same time, in this paper, the author examined the issue of gender-based violence related to the conflict from the perspective of international law, rather than criminal liability under national law.

Restrictive measures applied to persons perpetrators of domestic violence: national and foreign experience

The article establishes that in modern conditions, punishment for criminal offenses related to domestic violence, as a traditional measure of a criminal law nature, cannot overcome all challenges in the field of protection of «healthy» family relations which, in turn, actualizes the possibility to apply and other measures of a criminal law nature. In this regard, in 2017 the Law of Ukraine «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to implement the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence» was adopted, thus in criminal law Ukraine has an institute of restrictive measures.
 The article provides arguments in favor of attributing restrictive measures as measures of criminal law, not administrative law, and supports the position of the legislator on the legal regulation of their application in the Criminal Code of Ukraine.
 An attempt was made to determine the significance of the institution of restrictive measures, which, in the author's opinion, is to help prevent the commission of new criminal offenses against the victim of domestic violence; ensuring the educational impact on the offender by providing appropriate assistance within the implementation of the program for offenders or probation program, reducing the latency of relevant criminal offenses.
 An attempt has been made to study the institution of restrictive measures in some foreign countries, in particular: the USA, Australia, Belgium. The positive experience of which can be implemented by making appropriate changes to the legislation of Ukraine in terms of imposing restrictive measures on persons who commit domestic violence.
 It is proved that law enforcement practice, it can be said that the law enforcement practice of Ukraine and foreign countries clearly demonstrates that international law is developing through the recognition of state responsibility for domestic violence. Court decisions made in Ukraine and the European Court of Human Rights demonstrate that the practice in this category of cases is developing dynamically, and positive foreign experience needs to be implemented in domestic legislation and law enforcement practice. The vector of change should be aimed at the adoption of appropriate general measures by public authorities to counteract the underlying problem and prevent future ill-treatment by offenders.

Gender Dynamics During the Colombian Armed Conflict

Abstract This article investigates gender dynamics during the Colombian armed conflict, where the ongoing peace process has had a unique focus on gender equality. Using a lens of militarized masculinity and original expert interviews with Colombian stakeholders in peacebuilding and human rights, the study analyzes how gender norms have been upheld and sanctioned in the context of conflict. Gender essentialisms have been reinforced by armed actors, with women’s and LGBT people’s bodies as central channels for reproducing traditional sociobiological roles. Expressions not conforming to the heterocisnormative gender order have been sanctioned with violence. While men have been disproportionally affected by combat violence, women and sexual and gender minorities have been more vulnerable to sexual violence and forced displacement. This militarization of gender norms in Colombia has constructed women’s and queer bodies as battlefields of war, severely undermining their safety, dignity, and autonomy.

Gendered advocacy coalitions and the Istanbul Convention: a comparative analysis of Bulgaria and Poland

ABSTRACT The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, known as the Istanbul Convention or IC, is a contested issue in Central and Eastern Europe. This article investigates this matter further by focusing specifically on Bulgaria and Poland using the most similar systems design; the former country has not ratified the convention, but the latter has. In this article, we draw on the literature on gender politics and public policy and on law and society studies to refine the advocacy coalition framework and propose a novel perspective on (non-)ratification that accentuates the role of anti-gender and feminist advocacy coalitions. Specifically, this article links the (non-)ratification of the IC to the complex modes of interaction between partisan, societal, and legal actors who make up adversarial advocacy coalitions. This article also highlights that deep core beliefs widen the cultural cleavage, with the traditional being pitted against the feminist in this case, thereby instigating “culture wars” in both countries.

Domestic Violence Legislation Reforms in the Republic of North Macedonia

Abstract The phenomenon of domestic violence is as old as humanity itself, but legal protection against violence both internationally and nationally begins to be provided very late. In the Republic of North Macedonia, until 2004, there was no legal protection of victims of domestic violence, nor was adequate sanctioning of perpetrators. Only since 2004, with the amendments and additions to the Criminal Code in the criminal sphere, and the Law on the Family in the civil sphere, the phenomenon of domestic violence began to receive due legal attention, with the application of provisions for the sanctioning of perpetrators and temporary measures protection for victims. The adoption of the Istanbul Convention (The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence) and its ratification in 2018 undoubtedly contributed to the Republic of North Macedonia undertaking a series of reforms in the field of domestic violence. So initially, in 2021, the new Law on domestic violence was adopted in harmony with the principles of the Istanbul Convention, whereas in 2023 the Law on the amendment of the Criminal Code was adopted. This law focused on changes in criminal offenses related to domestic violence and gender-based violation, as well as the incorporation of new criminal offenses in this regard. These legislative reforms, especially the amendments approved in February 2023 which are of particular importance in the prevention and fight against domestic violence and violence against women in the Republic of North Macedonia are the focus of this research. Here we have analyzed and commented the approved changes to the Criminal Code of RNM.

Coercive control, legislative reform and the Istanbul Convention: Ireland’s Domestic Violence Act 2018

Coercive control is a concept increasingly being used in legal and policy responses to intimate partner violence. This article examines this concept in light of Ireland’s obligations under the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention) to prevent and combat domestic violence, including psychological violence (arts 3 and 33). First, it analyses the interpretation of article 33 by the Council of Europe Group of Experts on Action against Violence Against Women and Domestic Violence (GREVIO) in country monitoring reports. Second, it examines Ireland’s coercive control offence, comparing it to legislative developments in the United Kingdom (UK). Third, it examines potential theoretical and practical concerns arising from the application of the offence, drawing from literature on the criminalisation of coercive control in the UK. It argues that concerns regarding the practical application of the offence may be relevant to Ireland.

The Cultural Roots of Violence against Women: Individual and Institutional Gender Norms in 12 Countries

To discuss the cultural roots of violence against women (VAW), this study focuses on individual gender norms, prescriptive gender role expectations, moral justification of VAW, and institutional gender norms that define gender cultures, that provide opportunities for VAW, and legitimize roles and behaviors. We used indicators of gender norms related to VAW from different sources to provide an overview of 12 countries (Armenia, Cyprus, Czechia, Germany, Greece, The Netherlands, Romania, Russia, Serbia, Slovakia, Turkey, and Ukraine). The indicators include individual gender role attitudes and justification of wife beating from the World Values Survey; information on national legislation and institutional discrimination from the Social Institution Gender Index from the OECD; and each country’s position on the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence—a transnational platform with relevant transformative power that has been opposed by anti-Europeanists. Although situations vary significantly in the different countries, this explorative study suggests that eradicating the cultural roots of VAW is more difficult in societies in which rigid traditional gender roles and a strongly patriarchal culture in legislation and institutions are supported by moral views legitimizing violence as a form of punishment for challenging prescribed gender roles.

“Gender” in International Human Rights Law: Theory and Practice

INTRODUCTION. The institute for the protection of women both at international and national levels taking into account the ongoing discussions on the term “gender” is considered in the article. The authors examine the distinction between concepts “sex”, “gender” and “gender identity”, enshrined in international legal acts and documents, the States’ positions and approaches to their use, including on the example of the implementation of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention.MATERIALS AND METHODS. During the research the authors used different international legal documents, including international treaties, recommendations of the United Nations treaty bodies, reports of the special rapporteurs and international experts, outcome documents of international conferences, as well as doctrinal sources and national legislation of foreign countries. The study was carried out based on general scientific and special scientific methods. The methods of legal modeling and forecasting were widely used in the analysis in order to define prospects for possible future studies and development of international human rights law on the protection of women from violence and domestic violence.RESEARCH RESULTS. Demonstrating different approaches to understanding the term “gender” in protecting women from violence and domestic violence, implemented by international organizations and States, the authors examined factors that influence the position of national authorities of a number of countries when considering the possibility of accession or ratification of the core international legal acts in this area on the example of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.DISCUSSION AND CONCLUSION. The authors came into conclusion that the problems of violence against women and domestic violence should be viewed through the lens of gender equality concept, which does not entail the elimination of biological differences between two sexes and does not encourage women and men to change their social roles. The article stresses the need for an internationally agreed definition of the term “gender” in order to strengthen the legal and institutional mechanisms for a more efficient practical implementation of measures to combat violence against women and domestic violence.

European law and protection of women against violence: history and promotion of the Istanbul Convention

Among gender issues, the issue of protecting women from all types and forms of violence, including domestic (family) violence, occupies a special place. At the international legal level, the most comprehensive definition of – domestic violence‖ which includes not only physical violence, but also psychological, moral, economic coercion, the creation of various discriminatory conditions, as well as pressure, given the fact that the subject is female is enshrined in the fundamental documents, International law is actively developing tools aimed at comprehensively protecting women from all forms of discrimination and violence. However, there are many obstacles to the successful implementation of such norms in the national legislation of states. In this regard, the purpose of this article is to highlight the worldwide distribution of the most important international treaty in this area – the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence 2011 (Istanbul Convention), as well as the unfinished process of ratification of this convention in Ukraine

Правова природа обмежувальних заходів, закріплених ст. 91-1 КК України, та їхнє місце в акті кримінального законодавства

The article examines the legal nature of restrictive measures defined by Art. 91-1 of the Criminal Code of Ukraine, and the expediency of allocating space for their legal regulation in the act of criminal law. Attention is drawn to the fact that enshrining in legislation new legal measures is impossible without understanding their legal nature. The emergence of restrictive measures in the jurisprudence, which are currently provided for in Art. 91-1 of the Criminal Code of Ukraine related to the implementation in national legislation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence and the adoption of the Law of Ukraine dated 6 December 2017 № 2227-VIII. However, during the discussion of the bill in scientific circles, the possibility of the institution of restrictive measures at the source of criminal law was questioned, given the administrative nature of such measures and not the criminal ones. It is stated that it is quite difficult to establish clear distinctions between measures of administrative and criminal influence. However, the criterion by which they can be distinguished, obviously, is the range of social relations to which their legal influence extends. The author noted that the criminal law nature of restrictive measures is due to the fact that they are applied in connection with the commission of a crime; the question of their application is decided simultaneously with the imposition of a sentence not related to imprisonment or release from criminal liability or punishment; they are applied in court. Key words: restrictive measures, legal nature of restrictive measures, measures of criminal law nature, security measures, prevention of domestic violence.

Sexual Harassment in Public Place – Existing Administrative Regulation and Problematic Aspects

In 2017, Georgia has ratified the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and has taken the responsibility to evaluate the form of gender discrimination such as sexual harassment as the act of violence against women and to take all appropriate measures to ensure that any form of unwanted sexual behavior (verbal, non-verbal or physical) which intended to cause or interferes with a person's dignity and in particular which to create an intimidating, hostile, degrading or abusive environment, is subject to an appropriate legal sanction. Sexual harassment is a widespread phenomenon, often based on gender stereotypes prevalent in society. This form of gender discrimination not only violates the rights and interests of the victim but also creates an environment that can be restrictive and damaging to any person. In order to approximate the Convention, the Parliament of Georgia made a number of legislative changes in 2019, including establishing administrative liability for sexual harassment conducted in public places, although by that time Georgian legal space was not familiar with the definition of the public place, which raises the problems for assessing the fact. The article tries to resolve the ambiguous issues related to this subject.