PRINCIPLES OF NON-DISCRIMINATION AND OF DUE DILIGENCE OFSTATES – THEORETICAL VIEW ON THE ISTANBUL SONVENTION OF THE SOUNCILOF EUROPE AND THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS
Keywords:
non-discrimination, the principle of due diligence of states, the Council of Europe, Istanbul Convention, the European Court of Human rights, gender-based and domestic violenceAbstract
The paper is focused on the analysis of the principle of non-discrimination and the new principle due diligence of states in the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), which entered into force in early August 2014. It also discuss the relevant jurisprudence of the European Court of Human Rights, whose recent judgments were the forerunner of a legal establishing of the principle of due diligence of states in the field of combating gender-based and domestic violence. The striking cases of the European Court of Human Rights provide a landmark for further solving legal cases in situations where it is established that states have an obligation of due diligence, an obligation which means that states are not only responsible for passing laws that guarantee women's rights, but also to ensure that these laws are implemented through a functioning judicial system and justice chain that is gender-responsive. This means that it is necessary to continuously perform sensitizing judges on the national level, through professional trainings and expert consultancy in the direction of improving knowledge about gender-based and domestic violence, in order to increase the level of impartial decision-making in court cases.
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References
Abbott Jean, MD; Robin Johnson, MD; Jane Koziol-McLain, RN, MS; Steven R. Lowenstein, MD, „Domestic Violence Against Women - Incidence and Prevalence in an Emergency Department Population”, The Journal of American Medical Association, JAMA. 1995;273(22):1763-1767. pp
Admira, „Empowerment and Building a Supportive Environment” in „Work for Care – A Trainer’s Manual – sexual and Domestic Violence During and After War”, Utrecht, Netherlands, 2005
Antic Gaber, M, „Violence in the EU examined – Policies on Violence against Women, Children and Youth in 2004 Accession Countries”, University of Ljubljana, Slovenia, 2009
Appel, A.E, & Holden G.W, „The co-ocцurence of spоuse and physical child abuse – A review and appraisal”, Journal of Family Psychology, no 12, pp. 579-599, 1998
Belknap J. & McCall K.D., „Women battering and police referrals”, Journal of Criminal Justice, no 22, pp. 223-236, 1994
Stephen R. Dearwater, MS; Jeffrey H. Coben, MD; Jacquelyn C. Campbell, RN, PhD; Gregory Nah, MA; Nancy Glass, RN, MSN, MPH; Elizabeth McLoughlin, ScD; Betty Bekemeier, MSN, MPH, „Prevalence of Intimate Partner Abuse in Women Treated at Community Hospital Emergency Departments”, The Journal of American Medical Association, 1998;280(5):433-438 pp
Chinkin Christine, „The Duty of Due Diligence”, Ad Hoc Committee on Preventing and Combating Violence against Women and Domestic Violence (CAHVIO, Council of Europe, Strasbourg), May 2010
EU Guidelines Human Rights and International Humanitarian Law, „Violence against women and girls and combating all forms of discrimination against them”, pp. 65-76, Council of the Euroipean Union, Bruxelles, 2009
Gasmi Gordana, „Legal Commentary on the CoE Convention on combating violence against women and domestic violence”, UNDP, Belgrade, 2012.
Gasmi Gordana, „New European Legal Standards in the area of women human rights – CoE Convention on combating violence against women and domestic violence”, Collection of papers presented at the International Conference on the Efficiency of Legal Norms I, Cluj-Napoca, Romania, ISBN 978-60-522-873-3, 2012, pp. 141-153,
Bergman B, Brismar B. A five year follow-up study of 117 battered women. Am J Public Health.1991;81:1486-1489.
Varvaro FF. Treatment of the battered woman: effective response of the emergency department. Am Coll Emerg Physicians.1989;11:8-13.
Goldberg WG, Tomlanovich MC. Domestic violence victims in the emergency department. JAMA.1984;251:3259-3264.
Stark E, Flitcraft A, Frazier W. Wife Abuse in the Medical Setting: An Introduction for Health Personnel . Washington, DC: Office of Domestic Violence; 1981.
Schulman MA: Survey of Spousal Violence against Women in Kentucky, Harris Study. #792701, 1979.
Szinovacz ME: Using couple data as a methodological tool: The case of marital violence. J Marriage Family 1983; 45:633-644.
Teske RHC, Parker JC: Spouse Abuse in Texas: A Study of Women's Attitudes and Experiences. Huntsville, TX: Criminal Justice Center, Sam Houston State University, 1983.
McLeer SV: Spouse abuse. In: P. Sholovar (ed): The Handbook of Marital Therapy. Jamaica, NY: Spectrum Publisher, 1981.