CEU Electronic Theses and Dissertations, 2016
| Author | Racpetin, Jaszmina, dr |
|---|---|
| Title | Combating domestic violence against women at the international level: The role of human rights treaties and instruments under the scope of the Council of Europe and the United Nations |
| Summary | The protection mechanisms provided by the institutions operating under the Council of Europe (hereinafter referred to as: CoE) and the United Nations (hereinafter referred to as: UN) on combating domestic violence against women are in the mid-point of this thesis. Considering the regional level, this work will examine the legal instruments on domestic violence under the scope of the CoE and the case law, ruling and standard setting role of the ECtHR under Article 2, 3 and 8 of the European Convention of Human Rights (hereinafter referred to as: ECHR) . Additionally, by examining the provisions of the new Istanbul Convention on Preventing and Combating violence against women and domestic violence (hereinafter referred to as: Istanbul Convention) I will answer the question, whether it might bring any actual change in the applicable standards concerning the State responsibilities and the protection system in force on regional or national level. As to the international level, the role of the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter referred to as: CEDAW) , the complaint procedure established by the Optional Protocol to the CEDAW (hereinafter referred to as: Optional Protocol to CEDAW) and the work of the Committee on the Elimination of Discrimination against Women (hereinafter referred to as: CEDAW Committee) will be reviewed, with particular reference to General Recommendation 19 . The methodology to address the main question of this thesis is the comparison and synergy of the CoE protection system and the system operating under the CEDAW, thus comparing the potential substantial differences in the rights they protect, the obligations of the State they impose, the possibility of the individual complaint procedures, the variety of the decisions they hold. The standard setting, monitoring, fact-finding and awareness raising functions of the UN and the Coe by their legal instruments, furthermore their possible impact on the protection from domestic violence will also be in the scope of this work. As a short outlook, the thesis will furthermore introduce how the European Union attempts to address and respond to the issue of domestic violence in its legislature. Finally, as a result of the comparison, the assets and weaknesses of the protection mechanisms offered by the systems will be assessed, a conclusion about their effectiveness and the possible solutions to their deficiencies will be concluded in the light of the possibilities offered by the Istanbul Convention. |
| Supervisor | Prof. Dr. Katalin Ligeti, LL.M. |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/racpetin_jaszmina.pdf |
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