The object of this master thesis is the problem of domestic violence against women. The goal of this thesis is to identify international legal standards in the field of combating domestic violence against women and ways to implement these standards in national legislation on the example of the Republic of Belarus and the Republic of Lithuania. The main tasks of the thesis are: to define the concept of domestic violence; define the importance of combating domestic violence; track the evolution of standards for combating domestic violence; to define the existing international legal standards for combating domestic violence at the universal and regional levels; find out how international legal standards on combating domestic violence against women are implemented in national legislation on the example of the Republic of Belarus and the Republic of Lithuania; identify problematic aspects of national legislation related to the regulation of combating domestic violence and propose changes based on established international standards in this area. The usage of such methods as sociological, feminist, and evolutionary, analysis, synthesis, deduction, and comparative legal method led to a conclusion that over the past few decades, there has been a radical transformation in the international community's attitude towards violence against women, including domestic violence. The consolidation of guarantees of protection against domestic violence against women at the international level, as well as the development of jurisprudence on this issue, have played a huge role in shaping international standards related to this problem. To eradicate domestic violence, it is necessary to require states to fulfill positive obligations to prevent domestic violence, and the adoption of a specialized law is the first step to combat domestic violence by complying with international obligations.
The object of this master thesis is the problem of domestic violence against women. The goal of this thesis is to identify international legal standards in the field of combating domestic violence against women and ways to implement these standards in national legislation on the example of the Republic of Belarus and the Republic of Lithuania. The main tasks of the thesis are: to define the concept of domestic violence; define the importance of combating domestic violence; track the evolution of standards for combating domestic violence; to define the existing international legal standards for combating domestic violence at the universal and regional levels; find out how international legal standards on combating domestic violence against women are implemented in national legislation on the example of the Republic of Belarus and the Republic of Lithuania; identify problematic aspects of national legislation related to the regulation of combating domestic violence and propose changes based on established international standards in this area. The usage of such methods as sociological, feminist, and evolutionary, analysis, synthesis, deduction, and comparative legal method led to a conclusion that over the past few decades, there has been a radical transformation in the international community's attitude towards violence against women, including domestic violence. The consolidation of guarantees of protection against domestic violence against women at the international level, as well as the development of jurisprudence on this issue, have played a huge role in shaping international standards related to this problem. To eradicate domestic violence, it is necessary to require states to fulfill positive obligations to prevent domestic violence, and the adoption of a specialized law is the first step to combat domestic violence by complying with international obligations.
The paper analyzes the protection against domestic violence law which has been adopted on 26May, 2011 and the Republic of Lithuania Criminal Code articles of domestic violence cases, and raises the question whether all the acts with signs of domestic violence are to be regarded as having social significance. Our aim has been to establish a close environment definition, analyze social significance of existence of the circumstances, determine whether all the acts with signs of domestic violence are rightly regarded as having a social value. An analysis of close environment based on case law, legal sources and historical review has led to the conclusion that such an environment is most similar to the family relationship. The circle of individuals, which are attributed to the discussed environment, has been extended by the protection against domestic violence law. The research showed that there are four types of violence: 1. Physical violence 2. Sexual violence 3. Psychological violence 4. Economic violence In each case, these types of signs of violence are different because the criminal offense is individual. Before the entry into force of the law analyzed, the cases of violence in the environment have been assessed by the prosecutor. After the entry into force of the Law the prosecutors have lost the right in assessment, because the facts imperatively have been attributed to social significance. Analysis of the sources of law, case law and scientific literature has revealed that there is no exact interpretation of the public meaning, because it is very capacious concept. However, looking at the whole, it is concluded that the main criteria is the resonance caused by offense and harm to the society. The paper is comparing the pre-trial proceeding before the entry into force of the Law and after it. As the acts of domestic violence signs are attributed to public importance, the pre-trial procedure is the general procedure. The previous private prosecution institute, in this case, is impossible. As a result, people have lost self-determination, without being able to decide for themselves whether their rights have been violated or not. The legislator potentially because of the inappropriate institutions work, failure to apply the preventive educational measures, has taken the easiest path: evened all offenses. However, it has created another real threat - the public could become a criminal. As the process takes place in the general procedure, the number of reports of domestic violence are a lot and often abused, and this excess criminality becomes a problem. The analysis of foreign law, it turned out that all discussed states are struggling with domestic violence. However, the measures are easier, as the victim is left to self-determination option as well as the ongoing trial process can be interrupted to the victim and the accused reconciliation. Turkey, Albania, Poland, England and Wales focuses on the victims - women. Moreover, the most emphasis is on physical violence, but the victim has to decide herself on the caused damage. The examination of the case-law showed that locked in domestic violence cases, the process takes place in the general procedure even for minor health disturbances and the infliction of physical pain. These and similar cases do not cause obvious harm to the public is also not get resonance. The paper concludes that not every criminal act with signs of domestic violence is estimated as having asocial value. Economic violence in the environment in general is more theoretical than practically applicable because the relations between individuals, especially in the family, is closely linked financially. Physical violence is not always regarded as having social significance. In some cases due to low risk activity it can be recognized as minor and criminal responsibility does not incur. Sexual violence, when it comes to the husband and wife relationship, can be proved with difficulty as spouses share their sexual independence. This proves that as well as physical violence, not all symptoms correspond to with public interest criteria, so while investigating the events it necessary to take into account a number of factors. Psychological violence and its symptoms are evaluated with difficulty in accordance with the Republic of Lithuania Criminal Code articles. After the analysis it is obvious that the victim has to realize the impact and identify the damage caused. Men often become perpetrators. It can be assumed that such a situation has arisen because of the patriarchal family model. Similarly, social deprivation and alcoholism has the affects to the aggression. Also disclosed and the escalated violence can have a negative impact on the relatives, especially children of publicized people. The question arises - whether the state thus controlling the family's private life, does not break the European Union Rights and Fundamental Freedoms, Article 8 of the Convention. The intension of Lithuanian state to combat the domestic violence is a positive fact, but the problem should be addressed to a more preventive measures. Currently the consequences and punishment of person offenses are taken into account. Education and social responsibility of the people and the possibility of the prosecutor to assess the gravity of the act would bring greater benefits in solving the problem. Anti-domestic violence law has only stated the forms of violence but not specified them. The abstractness causes difficulties in identifying offenses and determining the limits of criminality.
The paper analyzes the protection against domestic violence law which has been adopted on 26May, 2011 and the Republic of Lithuania Criminal Code articles of domestic violence cases, and raises the question whether all the acts with signs of domestic violence are to be regarded as having social significance. Our aim has been to establish a close environment definition, analyze social significance of existence of the circumstances, determine whether all the acts with signs of domestic violence are rightly regarded as having a social value. An analysis of close environment based on case law, legal sources and historical review has led to the conclusion that such an environment is most similar to the family relationship. The circle of individuals, which are attributed to the discussed environment, has been extended by the protection against domestic violence law. The research showed that there are four types of violence: 1. Physical violence 2. Sexual violence 3. Psychological violence 4. Economic violence In each case, these types of signs of violence are different because the criminal offense is individual. Before the entry into force of the law analyzed, the cases of violence in the environment have been assessed by the prosecutor. After the entry into force of the Law the prosecutors have lost the right in assessment, because the facts imperatively have been attributed to social significance. Analysis of the sources of law, case law and scientific literature has revealed that there is no exact interpretation of the public meaning, because it is very capacious concept. However, looking at the whole, it is concluded that the main criteria is the resonance caused by offense and harm to the society. The paper is comparing the pre-trial proceeding before the entry into force of the Law and after it. As the acts of domestic violence signs are attributed to public importance, the pre-trial procedure is the general procedure. The previous private prosecution institute, in this case, is impossible. As a result, people have lost self-determination, without being able to decide for themselves whether their rights have been violated or not. The legislator potentially because of the inappropriate institutions work, failure to apply the preventive educational measures, has taken the easiest path: evened all offenses. However, it has created another real threat - the public could become a criminal. As the process takes place in the general procedure, the number of reports of domestic violence are a lot and often abused, and this excess criminality becomes a problem. The analysis of foreign law, it turned out that all discussed states are struggling with domestic violence. However, the measures are easier, as the victim is left to self-determination option as well as the ongoing trial process can be interrupted to the victim and the accused reconciliation. Turkey, Albania, Poland, England and Wales focuses on the victims - women. Moreover, the most emphasis is on physical violence, but the victim has to decide herself on the caused damage. The examination of the case-law showed that locked in domestic violence cases, the process takes place in the general procedure even for minor health disturbances and the infliction of physical pain. These and similar cases do not cause obvious harm to the public is also not get resonance. The paper concludes that not every criminal act with signs of domestic violence is estimated as having asocial value. Economic violence in the environment in general is more theoretical than practically applicable because the relations between individuals, especially in the family, is closely linked financially. Physical violence is not always regarded as having social significance. In some cases due to low risk activity it can be recognized as minor and criminal responsibility does not incur. Sexual violence, when it comes to the husband and wife relationship, can be proved with difficulty as spouses share their sexual independence. This proves that as well as physical violence, not all symptoms correspond to with public interest criteria, so while investigating the events it necessary to take into account a number of factors. Psychological violence and its symptoms are evaluated with difficulty in accordance with the Republic of Lithuania Criminal Code articles. After the analysis it is obvious that the victim has to realize the impact and identify the damage caused. Men often become perpetrators. It can be assumed that such a situation has arisen because of the patriarchal family model. Similarly, social deprivation and alcoholism has the affects to the aggression. Also disclosed and the escalated violence can have a negative impact on the relatives, especially children of publicized people. The question arises - whether the state thus controlling the family's private life, does not break the European Union Rights and Fundamental Freedoms, Article 8 of the Convention. The intension of Lithuanian state to combat the domestic violence is a positive fact, but the problem should be addressed to a more preventive measures. Currently the consequences and punishment of person offenses are taken into account. Education and social responsibility of the people and the possibility of the prosecutor to assess the gravity of the act would bring greater benefits in solving the problem. Anti-domestic violence law has only stated the forms of violence but not specified them. The abstractness causes difficulties in identifying offenses and determining the limits of criminality.
The paper analyzes the protection against domestic violence law which has been adopted on 26May, 2011 and the Republic of Lithuania Criminal Code articles of domestic violence cases, and raises the question whether all the acts with signs of domestic violence are to be regarded as having social significance. Our aim has been to establish a close environment definition, analyze social significance of existence of the circumstances, determine whether all the acts with signs of domestic violence are rightly regarded as having a social value. An analysis of close environment based on case law, legal sources and historical review has led to the conclusion that such an environment is most similar to the family relationship. The circle of individuals, which are attributed to the discussed environment, has been extended by the protection against domestic violence law. The research showed that there are four types of violence: 1. Physical violence 2. Sexual violence 3. Psychological violence 4. Economic violence In each case, these types of signs of violence are different because the criminal offense is individual. Before the entry into force of the law analyzed, the cases of violence in the environment have been assessed by the prosecutor. After the entry into force of the Law the prosecutors have lost the right in assessment, because the facts imperatively have been attributed to social significance. Analysis of the sources of law, case law and scientific literature has revealed that there is no exact interpretation of the public meaning, because it is very capacious concept. However, looking at the whole, it is concluded that the main criteria is the resonance caused by offense and harm to the society. The paper is comparing the pre-trial proceeding before the entry into force of the Law and after it. As the acts of domestic violence signs are attributed to public importance, the pre-trial procedure is the general procedure. The previous private prosecution institute, in this case, is impossible. As a result, people have lost self-determination, without being able to decide for themselves whether their rights have been violated or not. The legislator potentially because of the inappropriate institutions work, failure to apply the preventive educational measures, has taken the easiest path: evened all offenses. However, it has created another real threat - the public could become a criminal. As the process takes place in the general procedure, the number of reports of domestic violence are a lot and often abused, and this excess criminality becomes a problem. The analysis of foreign law, it turned out that all discussed states are struggling with domestic violence. However, the measures are easier, as the victim is left to self-determination option as well as the ongoing trial process can be interrupted to the victim and the accused reconciliation. Turkey, Albania, Poland, England and Wales focuses on the victims - women. Moreover, the most emphasis is on physical violence, but the victim has to decide herself on the caused damage. The examination of the case-law showed that locked in domestic violence cases, the process takes place in the general procedure even for minor health disturbances and the infliction of physical pain. These and similar cases do not cause obvious harm to the public is also not get resonance. The paper concludes that not every criminal act with signs of domestic violence is estimated as having asocial value. Economic violence in the environment in general is more theoretical than practically applicable because the relations between individuals, especially in the family, is closely linked financially. Physical violence is not always regarded as having social significance. In some cases due to low risk activity it can be recognized as minor and criminal responsibility does not incur. Sexual violence, when it comes to the husband and wife relationship, can be proved with difficulty as spouses share their sexual independence. This proves that as well as physical violence, not all symptoms correspond to with public interest criteria, so while investigating the events it necessary to take into account a number of factors. Psychological violence and its symptoms are evaluated with difficulty in accordance with the Republic of Lithuania Criminal Code articles. After the analysis it is obvious that the victim has to realize the impact and identify the damage caused. Men often become perpetrators. It can be assumed that such a situation has arisen because of the patriarchal family model. Similarly, social deprivation and alcoholism has the affects to the aggression. Also disclosed and the escalated violence can have a negative impact on the relatives, especially children of publicized people. The question arises - whether the state thus controlling the family's private life, does not break the European Union Rights and Fundamental Freedoms, Article 8 of the Convention. The intension of Lithuanian state to combat the domestic violence is a positive fact, but the problem should be addressed to a more preventive measures. Currently the consequences and punishment of person offenses are taken into account. Education and social responsibility of the people and the possibility of the prosecutor to assess the gravity of the act would bring greater benefits in solving the problem. Anti-domestic violence law has only stated the forms of violence but not specified them. The abstractness causes difficulties in identifying offenses and determining the limits of criminality.
