CEU Electronic Theses and Dissertations, 2022
| Author | Marincheva, Dennitsa |
|---|---|
| Title | The Issue of Domestic Violence in Bulgaria and the Curious Case of the Istanbul Convention |
| Summary | This thesis will constitute a description of the issue of domestic violence in Bulgaria, and will introduce an assessment of the Bulgarian legislation regulating the problem of domestic violence, and try to provide insight into the complicated issue of the non-ratification of the Istanbul Convention. In doing that, the work at hand will introduce statistics, will provide the theoretical definitions of domestic violence used as used by academia and International documents, and focus on legislative issues and gaps related to protection of domestic violence, as well as case-law of the ECtHR on domestic violence having occurred in Bulgaria and case-law of CEDAW finding violations on the subject matter, as well as on the main CEDAW recommendations regarding Bulgaria. Moreover, after providing a description of the Curious case of non-ratification of the Istanbul Convention, the thesis will elaborate on the Constitutional Court judgement deeming it unconstitutional and finally assess what ratification of the Convention would (or would have) possibly change(d) and how it would (or would have) affect(ed) the national system. The main argument ultimately is that while certainly Bulgaria is already bound by certain national legislation in the field, and applicable human rights standards (ECtHR and CEDAW) on domestic violence, the Istanbul Convention would indeed provide additional protection to victims of such violence. |
| Supervisor | Mathias Möschel |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/marincheva_dennitsa.pdf |
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