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Journal of Foreign Legislation and Comparative Law
Reference:

Golovanova N.A. Domestic Violence in the Light of the Istanbul Convention (2011)

Abstract: The problem of domestic violence in Russia is topical and has long attracted attention. The article is devoted to this important topic, it is studied the legislation of Russia and foreign countries in this area, as well as the Istanbul Council of Europe Convention on preventing and combating violence against women and domestic violence (2011). The Convention is the first international legal instrument, which confirms integrity of women's rights as a human being, and violence is recognized as one of the forms of discrimination against women. The Convention reflects the need for a comprehensive approach to the protection of and assistance to all victims of domestic violence. The Convention also contains practical tools to address the problems of violence against women through the creation of a special monitoring mechanism. Russia still not have this mechanism. Existing government programs primarily provide for the protection of children. Women and other family members (including the disabled) get help at the local level only. In addition, Russia does not have a specific law on the prevention of domestic violence. This paper presents a critical analysis of Russian legislation (Criminal and Criminal Procedure) – Criminal Code does not criminalize forced marriage of minors; mutilation of the genitals of women and children; sexual harassment, harassment and intimidation; sanctions for committing acts of violence do not correlate with the fact that the familial relationship of the criminal and the victim, etc. There is no judicial emergency orders legislative mechanism (protection orders) to prevent imminent danger caused by domestic violence. The author considers it necessary to pass a special federal law against domestic violence.


Keywords:

Istanbul Convention; discrimination; domestic violence; protection order; criminal law; aggravating


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