Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention Requirements

Domestic violence is a multi-faceted phenomenon, encompassing social, psychological, medical and, certainly, legal aspects. Depending on the existing legal framework, it is the lawyers who have the possibility and even the duty to assist and protect the victim and to apply various sanctions against...

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Main Author: Silvia Kaugia
Format: Article
Language:English
Published: University of Latvia Press 2024-10-01
Series:Law: Journal of the University of Latvia
Subjects:
Online Access:https://journal.lu.lv/jull/article/view/2068
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author Silvia Kaugia
author_facet Silvia Kaugia
author_sort Silvia Kaugia
collection DOAJ
description Domestic violence is a multi-faceted phenomenon, encompassing social, psychological, medical and, certainly, legal aspects. Depending on the existing legal framework, it is the lawyers who have the possibility and even the duty to assist and protect the victim and to apply various sanctions against the perpetrator. The decision on the Principles of Criminal Policy until 2030, adopted by the Estonian Parliament, formulates the goal of the penal system as supporting law-abiding lifestyles and thus ensuring that the norms based on the values of our society are implemented, violations are responded to and conflicts are resolved fairly. These are goals that, if realised, could also contribute to reducing domestic violence in society. Estonia has ratified the Istanbul Convention and has made amendments to national legislation in accordance with the requirements of the Convention. Dealing with cases of domestic violence is nevertheless relatively problematic, especially from the perspective of the victim. The predominance of the settlement procedure or the practice of out-of-court restorative justice and conciliation in domestic violence cases, in the opinion of this author, tends to support the position of the perpetrator of violence.
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spelling doaj-art-9b446c83eeec4060ba454c3dbd8918132025-08-20T02:19:54ZengUniversity of Latvia PressLaw: Journal of the University of Latvia1691-76772592-93642024-10-011710.22364/jull.17.07Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention RequirementsSilvia Kaugia0Faculty of Law, University of Tartu Domestic violence is a multi-faceted phenomenon, encompassing social, psychological, medical and, certainly, legal aspects. Depending on the existing legal framework, it is the lawyers who have the possibility and even the duty to assist and protect the victim and to apply various sanctions against the perpetrator. The decision on the Principles of Criminal Policy until 2030, adopted by the Estonian Parliament, formulates the goal of the penal system as supporting law-abiding lifestyles and thus ensuring that the norms based on the values of our society are implemented, violations are responded to and conflicts are resolved fairly. These are goals that, if realised, could also contribute to reducing domestic violence in society. Estonia has ratified the Istanbul Convention and has made amendments to national legislation in accordance with the requirements of the Convention. Dealing with cases of domestic violence is nevertheless relatively problematic, especially from the perspective of the victim. The predominance of the settlement procedure or the practice of out-of-court restorative justice and conciliation in domestic violence cases, in the opinion of this author, tends to support the position of the perpetrator of violence. https://journal.lu.lv/jull/article/view/2068violencedomestic violencepenal policyimplementation of the lawthe Istanbul Convention
spellingShingle Silvia Kaugia
Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention Requirements
Law: Journal of the University of Latvia
violence
domestic violence
penal policy
implementation of the law
the Istanbul Convention
title Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention Requirements
title_full Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention Requirements
title_fullStr Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention Requirements
title_full_unstemmed Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention Requirements
title_short Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention Requirements
title_sort domestic violence in the focus of estonian penal policy and implementation of the law in the light of the istanbul convention requirements
topic violence
domestic violence
penal policy
implementation of the law
the Istanbul Convention
url https://journal.lu.lv/jull/article/view/2068
work_keys_str_mv AT silviakaugia domesticviolenceinthefocusofestonianpenalpolicyandimplementationofthelawinthelightoftheistanbulconventionrequirements