THE PRINCIPLES OF COMBATING AND PREVENTING DOMESTIC VIOLENCE
THE PRINCIPLES OF COMBATING AND PREVENTING DOMESTIC VIOLENCE

Author(s): Andrei Ungureanu, Sergiu Cernomoreț
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Sociology, Health and medicine and law, Victimology
Published by: CEEOLPRESS
Keywords: Domestic violence; victim; state policies; legislator’s obligations; proportionality; legality; prosecution of perpetrators; due process; judicial review;
Summary/Abstract: The study is generally devoted to researching the principles of combating and preventing domestic violence. The Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) advocates three fundamental principles that impose legal obligations on State Parties. Compliance with these basic principles ensures the honouring of obligations (obligations of means and results) assumed by the state in relation to victims of domestic violence. Honouring these obligations and respecting these fundamental principles are aimed at preventing domestic violence, protecting the victims of all acts of violence and bringing the perpetrators of the act of domestic violence to justice. Respecting the rights of the author of violence requires compliance with several legal guarantees when drafting and issuing a procedural legal act. Even if the essential objective remains to establish a mechanism that effectively guarantees the safety of the victim or the person at risk, certain essential principles of law such as proportionality, legality, guarantees of a fair trial and judicial review cannot be neglected. National legal provisions must satisfy the requirements of clarity and predictability, including in national policies on combating domestic violence. The principles of policies to combat and prevent domestic violence reconfirm the rights granted to the victim of domestic violence regarding respect for his/her personality, dignity and private life, information regarding the exercise of his/her rights, special protection, counselling, rehabilitation, social reintegration services, free medical assistance, under legal conditions.

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