APSAUGOS NUO SMURTO ARTIMOJE APLINKOJE ORDERIS IR
TEISMŲ PRAKTIKA JĮ TAIKANT
EMERGENCY BARRING ORDERS AND THE CASE-LAW OF THEIR APPLICATION
Author(s): Eitvydas ZurbaSubject(s): Criminal Law, Studies in violence and power
Published by: Mykolas Romeris University
Keywords: domestic violence; protection from domestic violence; emergency barring order; Istanbul convention; preventive measures; protective measures;
Summary/Abstract: This article analyses the new Law on Protection from Domestic Violence, which entered into force on 1 July 2023, and established emergency barring orders in Lithuania. The article discusses why there was a need for a new protection institute and analyses similar existing institutes in international law. The analysis relies on the practice of the European Court of Human Rights and the United Nations Committee on the Elimination of Discrimination against Women, taking into account the Council of Europe Convention on preventing and combating violence against women and domestic violence and the Proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence. The article also critically reviews the decision-making algorithm behind issuing (or not issuing) an emergency barring order and discusses the emerging practice of national courts in cases where the decision to issue (or not to issue) an emergency barring order is appealed.
Journal: Jurisprudencija
- Issue Year: 31/2024
- Issue No: 1
- Page Range: 118-142
- Page Count: 25
- Language: Lithuanian