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Latest items for DV-LAW-2

June 9, 2021, 8:43 p.m.
Countries: Poland
Variables: DV-LAW-2

"In the reporting period, pursuant to article 207 of the Penal Code, mental or physical mistreatment of an immediate family member or another person who is in a permanent or temporary state of dependence to the perpetrator, of a minor or a person who is vulnerable because of his/her mental or physical condition was subject to the penalty of imprisonment for a term of between three months and five years. If the act was connected with the practice of particular cruelty, the perpetrator was subject to the penalty of imprisonment from one year to 10 years. Other single acts which did not show all the features of an offence, consisting...more
April 5, 2021, 8:46 p.m.
Countries: Canada
Variables: DV-LAW-2

"In the four years since her daughter's death, she and her grandchildren have received 'tremendous' support from child services, the government, and from schools. 'I want all victims out there to know that there are avenues [of support] out there,' she said. 'Call your local victim services area, and they've got..tons of help for people who need help in a situation like this'" (para 25-26). This suggests that some social support services are available to victims of violence and their families (RAO-CODER COMMENT).
Feb. 27, 2021, 10:55 a.m.
Countries: Ukraine
Variables: DV-LAW-2

"Data on further application of fines as the most widespread form of punishment in domestic violence cases support the CO No. 26: in 2010 a fine was used as punishment in 87.7 per cent of cases, in 2012 in 88.3 per cent of cases. In March 2013 the Government submitted for consideration to the Parliament the Draft Law on Preventing and Combating Domestic Violence, which was adopted by the Verkhovna Rada at the first reading. The new draft law...cancels such form of punishment as a fine" (20). "In 2013 the regulations of the Criminal and Procedural Code of Ukraine on detention of an offender were changed, and now it is...more
Feb. 13, 2021, 9:11 p.m.
Countries: Turkey
Variables: MURDER-PRACTICE-1, MURDER-DATA-1, MURDER-DATA-2, DV-PRACTICE-1, DV-PRACTICE-2, DV-LAW-2

“Opuz v. Turkey (9 June 2009): The applicant and her mother were assaulted and threatened over many years by the applicant’s husband H.O., at various points leaving both women with life-threatening injuries. With only one exception, no prosecution was brought against him on the grounds that both women had withdrawn their complaints, despite their explanations that H.O. had harassed them into doing so, threatening to kill them. He subsequently stabbed his wife seven times and was given a fine equivalent to about 385 euros, payable in instalments. The two women filed numerous complaints, claiming their lives were in danger. H.O. was questioned and released. Finally, when the two women were...more
Feb. 13, 2021, 6:47 p.m.
Countries: United Arab Emirates
Variables: DV-LAW-2

“Speaking two days before Matthew, 63, is expected to walk free from a court in Dubai after serving two years of a 15-year sentence, Mr Manning said: ‘It is grotesque to suggest that Jane insulted Francis and this means she somehow brought about her own death’” (para 3). “Lawyers for Matthew are expected to argue that during the argument his wife had incited him to killer her by insulting him and calling him a loser” (para 10).
Feb. 4, 2021, 2:06 p.m.
Countries: India
Variables: DV-LAW-2

"The Committee urges the State party...To enact specific legislation to introduce heavier sentences for perpetrators of acid attacks, to regulate the sale and distribution of acid substances and to conduct large-scale campaigns to raise public awareness of the criminal nature of such attacks" (3-4).
Jan. 31, 2021, 1:58 p.m.
Countries: Angola
Variables: DV-LAW-2

“Withdrawal of complaints is not permitted in the following cases, which are considered public order offences related to domestic violence and are punishable by prison terms of 2 to 8 years, unless there is another, more serious penalty under the legislation in force, in respect of individuals committing any of the following acts, without prejudice to the duties attributable to the perpetrator: Serious or irreversible bodily or psychological harm; Repeated failure to provide food for children and necessary assistance to a pregnant woman; Sexual abuse of a minor or of an individual of legal age with a disability who is under guardianship; Unlawful appropriation of inherited property which, because of...more
Jan. 26, 2021, 3:45 p.m.
Countries: Spain
Variables: MURDER-DATA-2, DV-LAW-2, DV-DATA-1

“Spain has had a 40 per cent drop in the number of women killed by their partners after launching a 1 billion [euro] campaign that involved training for police and magistrates, a drive to handle allegations of domestic abuse within 72 hours, and the widespread use of restraining orders for violent men” (para 13).
Jan. 26, 2021, 3:44 p.m.
Countries: France
Variables: DV-LAW-2

“Edouard Philippe, the Prime Minister, said that each region would have a prosecutor specializing in domestic abuse, that men accused of violence would get electronic monitors to check that they stay away and that the government would spend 5 million [euros] to create 1,000 extra beds in refuges for victims of domestic abuse, on top of the 5,000 or so that already exist. However, Caroline de Haas, a prominent feminist, said that hundreds of millions of euros were needed to tackle the issue” (para 10).
Jan. 8, 2021, 1:51 p.m.
Countries: Afghanistan
Variables: DV-LAW-2

"Her plight has again brought attention to endemic violence against women in Afghanistan, which the United Nations Development Program rated one of the worst countries in the world to be born female. Despite more than a decade of efforts to enact an Afghan legal system that protects women, and more than $1 billion in legal aid from the United States alone, Afghan women remain particularly vulnerable to abuse. And their attackers, for the most part, are only rarely punished. (para. 7) “On Sunday afternoon, Zarghona said, Reza Gul and Mr. Khan got into an argument over his having taken his uncle’s 6- or 7-year-old daughter as his fiancée, with the...more
Dec. 24, 2020, 10:28 a.m.
Countries: Malaysia
Variables: DV-LAW-2

"There have been a rising number of female judges in Malaysia's top courts in recent years but women's rights groups hoped her appointment would help tackle the low conviction rates in cases like rape and domestic violence" (para 3). "In cases such as divorce and domestic violence, Majidah said women sometimes have had to wait up to 10 years to get a court judgment granting a separation because of a 'lack of empathy' among male judges" (para 6).
Dec. 10, 2020, 3:09 p.m.
Countries: United Kingdom
Variables: DV-LAW-2

“Gisela Valle, director of the Latin American Women's Rights Service, told the BBC that the Bill had no provision for ‘safe reporting mechanisms’, meaning migrant women who reported abuse to police could be questioned about their immigration status and even detained” (para 8). “Meanwhile Harriet Wistrich, director of the Centre for Women's Justice, who said that the Bill was a ‘landmark’ piece of legislation, highlighted that it omitted protection for victims who committed crimes in the context of an abusive relationship, when speaking to the BBC” (para 9). “Additional benefits of the legislation include better protection for victims in court — for example, it creates a statutory presumption that victims...more
Dec. 7, 2020, 12:46 p.m.
Countries: Indonesia
Variables: LRCM-LAW-3, DV-LAW-1, DV-LAW-2

“Repeat offenders and those who abuse family members face 10 to 20 years jail and courts can also order their chemical castration and tagging with a microchip” (para 2).
Dec. 3, 2020, 3:47 p.m.
Countries: Vanuatu
Variables: DV-LAW-2

“The Committee…is deeply concerned…at the pervasive levels of domestic violence in the State party and the lenient sentences for perpetrators regardless of the severity of the offence” (5).
Nov. 20, 2020, 8:49 p.m.
Countries: Papua New Guinea
Variables: DV-LAW-2

HOWEVER the law stipulates that "it is not a defence to an offence [to breach a protection order] that the dependent has paid an amount of money or given other valuable consideration in accordance to his or her custom to the complainant" (8).
Oct. 15, 2020, 8:55 p.m.
Countries: Serbia
Variables: DV-LAW-2

"(1) Whoever by use of violence, threat of attacks against life or body, insolent or ruthless behaviour endangers the tranquillity, physical integrity or mental condition of a member of his family, shall be punished with a fine or imprisonment up to one year. (2) If in committing the offence specified in paragraph 1 of this Article weapons, dangerous implements or other means suitable to inflict serious injury to body or seriously impair health are used, the offender shall be punished with imprisonment from three months to three years. (3) If the offence specified in paragraphs 1 and 2 of this Article results in grievous bodily harm or serious health impairment...more
Oct. 14, 2020, 4:21 p.m.
Countries: El Salvador
Variables: DV-LAW-1, DV-LAW-2

"In 1996, El Salvador passed domestic violence legislation (Ley contra la Violencia Intrafamiliar), that covered all members of the family, including women, children and seniors.[13] It defined domestic violence as 'patrimonial' (that is, lack of access to family resources, assets and entitlements), psychological, physical and sexual. The Penal Code specifies that domestic violence is punishable by one to three years in prison" (2).
Oct. 13, 2020, 10:39 p.m.
Countries: Vanuatu
Variables: DV-LAW-2

20 Temporary protection orders – evidence and matters to consider (1) A court or an authorised person may make a temporary protection order on such evidence as the court or authorised person considers sufficient and appropriate having regard to the temporary nature of the order. (2) Without limiting subsection (1), if the complainant is unable to attend the court or appear before the authorised person because of his or her injuries, the court or authorised person may accept affidavit or hearsay evidence on behalf of the complainant. (3) In deciding whether to make a temporary protection order, a court or an authorised person must give most importance to ensuring that...more
Oct. 12, 2020, 6:51 p.m.
Countries: Syria
Variables: DV-LAW-1, DV-LAW-2

There is no specific legislation criminalising domestic violence. The penal code can apply in some incidents (Penal Code, articles 489-492 and 504-507) if a woman is physically harmed, but the law is inadequate. (CODER COMMENT)
Oct. 12, 2020, 6:20 p.m.
Countries: Sweden
Variables: DV-LAW-2

"Parties are required to ensure that sanctions imposed for offences covered by the Convention reflect the seriousness of the violence. Sanctions must be 'effective, proportionate and dissuasive' and can include imprisonment or withdrawl of parental rights if the best interest of the child, this may include the safety of the victim, cannot be guaranteed in any other way" (35).
Oct. 12, 2020, 6:16 p.m.
Countries: Sweden
Variables: DV-LAW-1, DV-LAW-2

"Enabling victims in a manner consisitent with the procedural rules of internal law, to be heard, to supply eveidence and have their views needs and concenrns presented, directly or through an intermediary and considered" (Article 56).
Oct. 12, 2020, 6:11 p.m.
Countries: Sweden
Variables: DV-LAW-1, DV-LAW-2

"Parties shall take the necessary legislative or other measures to ensure that appropriate restraining or protection orders are available to victims of all forms of violence covered by the scope of this convention" (Article 53).
Oct. 7, 2020, 5:07 p.m.
Countries: Poland
Variables: DV-LAW-2

Sanction: Art.207 Criminal Code: for physical and mental abuse: prison between 3 months and 5 years. If combined with “particular cruelty” prison between 1 and 10 years. If causes a suicide attempt, prison between 1 and 12 years. (CM - CODER COMMENT)
Oct. 7, 2020, 12:03 a.m.
Countries: New Zealand
Variables: DV-LAW-2

"Power to make protection order (1)The court may make a protection order if it is satisfied that— (a)the respondent is using, or has used, domestic violence against the applicant, or a child of the applicant’s family, or both; and (b)the making of an order is necessary for the protection of the applicant, or a child of the applicant’s family, or both. (2)For the purposes of subsection (1)(a), a respondent who encourages another person to engage in behaviour that, if engaged in by the respondent, would amount to domestic violence against the applicant, or a child of the applicant’s family, or both, is regarded as having engaged in that behaviour personally....more
Sept. 26, 2020, 10:53 p.m.
Countries: Lithuania
Variables: DV-PRACTICE-1, DV-LAW-2, DV-DATA-1

“Valiulienė v. Lithuania (26 March 2013): The case concerned the complaint by a woman who was a victim of domestic violence about the authorities’ failure to investigate her allegations of ill-treatment and to bring her partner to account. The Court found a violation of Article 3 (prohibition of torture and of inhuman or degrading treatment). The authorities’ application of the code of criminal procedure in the applicant’s case had not provided her with adequate protection against acts of domestic violence. In particular, there had been delays in the criminal investigation and the public prosecutor had decided to discontinue the investigation” (3).
Sept. 16, 2020, 2:10 p.m.
Countries: Macedonia
Variables: DV-LAW-1, DV-LAW-2

This provision also criminalises rape in marriage, between partners or between former spouses or partners. (CODER COMMENT)
Sept. 16, 2020, 1:54 p.m.
Countries: Macedonia
Variables: DV-LAW-2

"Parties shall take the necessary legislative or other measures to ensure that the offences established in accordance with this Convention are punishable by effective, proportionate and dissuasive sanctions, taking into account their seriousness. These sanctions shall include, where appropriate, sentences involving the deprivation of liberty which can give rise to extradition. Parties may adopt other measures in relation to perpetrators, such as: (1) monitoring or supervision of convicted persons; (2) withdrawal of parental rights, if the best interests of the child, which may include the safety of the victim, cannot be guaranteed in any other way" (Article 45).
Sept. 16, 2020, 1:10 p.m.
Countries: Macedonia
Variables: DV-LAW-2

"Parties shall take the necessary legislative or other measures to ensure that appropriate restraining or protection orders are available to victims of all forms of violence covered by the scope of this convention" (Article 53).
Sept. 16, 2020, 12:09 p.m.
Countries: Liberia
Variables: DV-LAW-1, DV-LAW-2

At present, there is no law in Liberia that explicitly forbids domestic violence or that prescribes any punishment for perpetrators.
Sept. 15, 2020, 7:35 p.m.
Countries: Kyrgyzstan
Variables: DV-LAW-2

"A critical element of the Domestic Violence Law is the provision of protection orders, intended to offer survivors immediate and longer-term protection from perpetrators of domestic violence, without requiring them to pursue criminal charges. The law includes two types of orders: temporary protection orders, for immediate, short-term (up to 15 days) protection from an abuser; and court protection orders, for longer-term (up to 6 months) and potentially more stringent protection. In issuing a protection order, police and courts are also obligated to inform the survivor of her right to pursue prosecution of her abuser. Police are responsible for monitoring and enforcing the abuser’s adherence to an order’s conditions" (18).more