CEU Electronic Theses and Dissertations, 2019
| Author | Dr. Taba, Szabolcs Sándor |
|---|---|
| Title | Protection Orders as Tools of Defending Women Victims of Domestic Violence in Light of the European Standards: Austria and Hungary |
| Summary | The thesis aims at presenting the role of protection orders as tools of defending victims of domestic violence against women. It assesses the development and the significance of these measures in the context of states’ due diligence obligation. It provides an analysis of the relevant case law of the European Court of Human Rights and the Court of Justice of the European Union, and defines the cornerstones of the protection level to be provided by the state. It presents and compares the rules in force in Austria and in Hungary and identifies their weaknesses. It argues that the objective of the protection orders of providing prompt assistance for victims is undoubted. However, as can be seen in practice, the legal provisions and their realization is often incomprehensibly far from the intended goals as if the legislator had not understood the essence of the issue. Without improvement, some of the rules are nothing more than just providing the opportunity for the state of claiming the completion of one of its international obligations. In order for the protection orders effectively to fulfil their mission, states, officials of law enforcement authorities and even ordinary citizens must realize the deep-rooted nature of violence against women. Therefore, not only the rules and the practice of the authorities should be improved, but people’s mindset also has to be altered for attaining the objectives pursued. This positive change should be facilitated by the state itself which would presumably have repercussions on the legislator’s approach. |
| Supervisor | Dr. Bárd, Petra LL.M. PhD |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/taba_szabolcs.pdf |
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