CEU Electronic Theses and Dissertations, 2012
| Author | Galic, Nenad |
|---|---|
| Title | States Positive Obligations to Protect Victims against Domestic Violence: Comparative Analysis of Austria, Hungary and Croatia's Take on the Due Diligence Standard |
| Summary | This thesis examines the scope of general compliance of the states’ legal and justice systems’ with their positive obligations to act in accordance with the ‘due diligence’ standard in protecting the human rights of victims of domestic violence, in the aftermath of the decisions of the Committee on the Elimination of Discrimination against Women and the European Court of Human Rights, which determined states’ failures to provide effective protection to victims against domestic violence. The author firstly discusses the decisions of the Committee and the Court in order to reveal how the states’ justice systems are failing to act in accordance with due diligence in combating domestic violence. This is followed by examination of responses of the three case studies - Austria, Hungary and Croatia (i.e. national jurisdictions that have been found by above mentioned human rights mechanisms to be in breach of their positive obligations to act with due diligence in cases of domestic violence) - which are presented and comparatively examined with the aim to determine the scope of general compliance of the case studies’ legal and justice systems’ with their positive obligations. Based on the conducted research it is concluded that analyzed national jurisdictions are complying with their obligation to act with due diligence to a limited extent. In cases of Austria and Croatia, general compliance was constrained within the legislative sphere of action, while the justice systems’ response was curtailed with difficulties. On the other hand, overall legal system in Hungary showed problematic absence of general compliance with positive obligations to act with due diligence. |
| Supervisor | Virág, György |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/galic_nenad.pdf |
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