NEW COE CONVENTION ON PREVENTING AND COMBATING VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE „ISTANBUL CONVENTION“ – IMPORTANCE OF SETTING EUROPEAN LEGAL STANDARDS

  • Gordana Gasmi, PhD Senior Research Fellow in the Institute of Comparative Law, Belgrade & Associate Professor at the Faculty of Media and Communications of the University Singidunum Belgrade

Apstrakt

The paper is dealing with the new European legal standards in the area of women human rights – new Council of Europe Convention on combating violence against women and domestic violence (Istanbul Convention set up by the CoE CAHVIO Committee). Key issue of efficiency of legal norms established by the Istanbul Convention is dealt with by reflexion on direct regulations of investigation, prosecution and protection in the area of fighting domestic and gender-based violence, which impose concrete obligations to countries signatories of the Convention.

For the implementation process, it is emphasized several aspects that ensure effectiveness of the Istanbul Convention, such as state obligations and due diligence principle in fighting violence against women and domestic violence and adequate institutional capacities of relevant countries signatories that are bound by the Convention. Monitoring mechanism, established in the form of the independent expert international body is equally important to ensure effective implementation of the Convention. Efficiency of legal regulations in international public law depends on vital national various interests of different countries that are mirrored and included into international norms and conventions. To the extent to which the negotiations on setting legal standards led by different states were successful, to the same extent the implementation of those legal norms are to be effective.

Objavljeno
2014-04-30
Sekcija
Originalni naučni rad