European Legal Standards of Combating Violence against Women and Domestic Violence

Gasmi, Gordana (2019) European Legal Standards of Combating Violence against Women and Domestic Violence. Nauka i društvo, 10 (1). pp. 26-45. ISSN 2335-0792

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Abstract

The paper is dealing with the European legal principles of combating gender based violence, more specifically, the Council of Europe (CoE) Convention on preventing and combating violence against women and domestic violence (Istanbul Convention set up by the CoE CAHVIO Committee and obtained the title according to the place of its signing), which entered into force on the 1st of August 2014. In this context, concept of gender based violence is analyzed through wider prism of relevant international law. In this Convention, focus is on the violence against women, i.e. gender based violence has been recognized as a form of discrimination and a violation of women’s human rights. The Istanbul Convention is the most comprehensive, legally binding and far-reaching international treaty to address domestic and violence against women laying out state obligations to prevent violence, protect victims and prosecute the perpetrators. The Convention promotes zero tolerance to all forms of domestic violence globally and through requiring states to criminalize a broad range of violence against women, including physical, sexual and psychological violence, stalking, sexual harassment, female genital mutilation, forced abortion, forced sterilization and forced marriage. Although of regional character, this Convention seeks to achieve universal application, since it is open to accession to non-member countries of the Council of Europe.

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