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EN
The incidence rate of domestic violence cases in Europe has not really significantly decreased inthe last ten years, and Spain is not an exception on this. Despite legislative changes andimprovements that have taken place in many of our countries regarding penal punishment ofthose behaviors, it seems to be not enough or perhaps not suitable for all possible cases in thisfield. For this reason, for some time it is being discussed and, in any cases, trying out with theoption to apply other techniques of conflict resolution based on restorative justice (andspecifically the process of mediation between victim and offender). The purpose of this briefpaper is then to examine the current legal situation in Spain about mediation in cases of domesticviolence, and the opinions that have been expressed on this from the criminal doctrine.
EN
Despite the fact that the situation in our society is sufficiently legally treated, the issue of domestic violence at the senior is still only in its infancy. Intervention and prevention would not only avoided tampering with this group of people, but to offer procedures that would help at least reduce the risk. The paper is focused on the issue of violence on seniors as society-wide problem. It defines domestic violence, causes, forms and types of violence. In the end, it offers opportunities for protection and prevention.
EN
RESEARCH OBJECTIVE: The purpose of this article is to investigate whether the protection of the child has been considered sufficiently compared with the interests of the autonomy of the family within Swedish legislation. THE RESEARCH PROBLEM AND METHODS: The autonomy of the family is well protected by the European Convention for the Protection of Human Rights and Fundamental Freedoms in Article 8, where the right to family life is stipulated. But the article also authorises the right of a public authority to interfere in family life in accordance with the law for the prevention of crime. One reason for such interference could be the suspicion of domestic violence, which for centuries was considered to be a private concern. Article 3 of the Convention also forbids exposing a person to torture, inhuman or degrading treatment or punishment. The rights of the family are also expressed in the Convention on the Rights of the Child (Article 16), but more specifically in its view of the child. In the case of domestic violence, the Convention in Article 19 clarifies the responsibility of signatory states to protect the child from all kinds of assault by measures such as prevention and identification. THE PROCESS OF ARGUMENTATION: Due to the fact that domestic violence exists to such an extent that it severely affects society in different ways, Swedish legislation has been modified on several occasions. RESEARCH RESULTS: Even if the aim of those changes has been to uphold the autonomy of the family while preventing and identifying assaults within the family – particularly where children are involved – the question remains whether the protection of the child has been considered sufficiently compared with the interests of the autonomy of the family. CONCLUSIONS, INNOVATIONS AND RECOMMENDATIONS: In order to guarantee children a childhood and adolescence consisting of care, security and a good upbringing, further improvements – particularly within the Penal Code (1962:700) – are necessary to prevent and identify domestic violence against children.
EN
The article focuses on theoretical and practical aspects of correctional and educational intervention programs for people who use domestic violence. It was prepared based on the findings of a study which was conducted by the author in 2015 as part of her master’s dissertation entitled “Domestic violence offenders – Who are they and how can they be helped? A theoretical and empirical study based on correctional and educational intervention programs in Silesia Province,” supervised by Prof. Jacek Wódz, PhD. The article includes: an introduction to the subject, a brief description of research methodology, selected findings and their interpretations, and a summary.
EN
The aim of the paper is to present and analyse the current state of perpetrator programmes in Eastern European and Baltic countries as this issue has barely been raised in the literature. It is connected to the fact that in described region such programmes are still relatively young phenomena and, comparing to other European Union countries (mostly from Western and Northern Europe), the number of the programmes is still insufficient. Moreover, the number and character of the perpetrator programmes in Eastern European and Baltic countries is to large extend determinate by the traditional gender relations, glorification of traditional family and specific definitions of masculinities and femininities as well as by the state of anti-violence legislation in particular countries. The presented findings result from research on the specificity of work with perpetrators of domestic violence in the region. The analysis is based on the cases of Bulgaria, the Czech Republic, Estonia, Hungary, Lithuania and Poland. It is to a large extent the result of research conducted within the Daphne III project IMPACT: Evaluation of European Perpetrator Programmes (2013-2014), as well as analysis of national reports delivered by country experts for a project conducted by Work with Perpetrators – European Network in 2013.
EN
Despite many activities undertaken by entities of government and self-government administration as well as by non-governmental organisations statutorily dealing with domestic violence, it is still a signifi cant social problem. The activities undertaken by the abovementioned entities are insuffi cient to limit crimes committed against the family. Therefore, threats of social exclusion related to families affected by domestic violence require more effective action and additional research.
EN
In the article the problem of domestic violence in the context of legal regulations relating to the protection of human rights is discussed. Reference was made to the historical origins of activities related to the legal protection of fundamental rights and freedoms. A distinction of women’s rights, children and domestic violence in relation to the practice of the United Nations, the Council of Europe and the European Union is considered as a tool to present arguments. The article describes the most important documents regarding the rights of women and children and domestic violence; the rights and duties imposed on signatories in the context of protection of rights and the development of regulations and methods of their implementation referring also to Polish law. The discussion that took place in the public debate prior to ratification of the Convention of the Council of Europe is also touched. The article is an attempt to indicate a significant space they occupy on the issues of domestic violence and their protection in the listed international regulations.
EN
COVID-19 represents unprecedented challenges for the entire community. Much of Australia’s commercial sector has voluntarily deployed strategies to support social distancing ahead of any lock downs. Businesses are working to safely maintain operations and a productive workforce throughout social isolation/distancing for an unknown duration. Yet uncertainty, ambiguity and radical change are breeding grounds for anxiety, stress and helplessness. Conditions that contradict safe mental health practices for work. The Australian perspective includes the cumulative stressors of the bushfires, torrential rains and floods. Each of these stressors was an environmental stressor. But people and businesses knew what to do. The newest cumulative stressor is remote work becoming the norm. Workplaces have often had a mediating effect as a point of social interaction. Legally mandated safe spaces that people could connect and be productive within. There is much research on the connection between social isolation and loneliness. Organisations need to support workers in maintaining social connections, team cohesion and productivity throughout these times. This paper will explore the health and safety legal obligations that apply in this context and outline a practical framework for organisations to contribute to and reinforce a positive state of mental health during the mass remote work experiment.
EN
This article discusses and expands on two related issues. The first is the unexplored reasons for the departure of Polish migrant women: the forced migration phenomenon. The author describes the system behind forced migration as created at the intersections not only of care, gender and migration regimes but also of legal regimes. Second, the author points out that the close relation between forced migration and the process of ‘unbecoming a wife in the transnational context’ creates a distinctive type of transnational motherhood experience. In order to explain the specificity of these types of experiences better the author introduces a new typology of transnational motherhood biographies. The case study of Aldona is representative of the experiences of some Polish women in the period under study, 1989–2010.
EN
Despite being an underreported topic in the news media, gender-based violence (GBV) undermines the health, dignity, security and autonomy of its victims. Research has studied many of the factors that generate or maintain this kind of violence. However, the influence of the media is still uncertain. This paper used Big Data techniques to explore how GBV is depicted and reported in digital news media. By feeding neural networks with news, the topic information associated with each article can be recovered. Our findings show a relationship between GBV news and public awareness, the effect of well-known GBV cases, and the intrinsic thematic relationship of GBV news with justice themes.
EN
Violence against women, in particular domestic violence, is a form of discrimination against women and a human rights violation, which has been voiced in recent years by international human rights bodies, including the UN Committee on the Elimination of Discrimination against Women and the European Court of Human Rights. The Council of Europe Convention on preventing and combating violence against women and domestic violence, which was adopted on 7th April 2011, derives from this output. The Convention, being a milestone in combating violence against women, creates a comprehensive legal framework to prevent violence, to protect victims and to end with the impunity of perpetrators. The paper aims to examine and clarify the main obligations of the State Parties to this treaty. The core part of the study analyzes the obligation to define and criminalise various forms of violence against women (such as physical, psychological and sexual violence, stalking, forced marriage, female genital mutilation, forced abortion and forced sterilisation, sexual harassment). It also focuses on obligations linked to investigation and prosecution of these crimes. Special attention is paid to protective measures such as restraining or protection orders. Another major objective of the paper is to indicate the most significant consequences to the Polish legal order in case of Poland’s accession to the treaty. Despite taking part in the drafting process, Poland did not finally sign up the Convention. However, the Polish government takes into account a possibility of its ratification. In Author’s opinion, Poland’s accession to this treaty is highly advisable. What is more, only few provisions of the present Polish law would demand to be conformed to the Convention.
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70%
EN
Empirical and comparative study brings knowledge of the author's own research, whose main objective was to identify, analyse and interpret the problem impact of gender inequalities and stereotypes in the creation and development of violence, particularly against children and adolescents, primarily in the educational environment of the family. Research has attempted to capture the intersection of gender studies and social pedagogy, two sciences, which, although from a different angle, devoted, inter alia, the problem of the origin and acceleration of violence against children and adolescents. Research design was grounded in theory, the research method was the semi-structured interview, conducted with eight respondents, children and young people aged 12 - 23 years. A quantitative methodology was used to strengthen the validity of the process of triangulation; content analysis of text documents (case studies from the archives crisis centre for victims of domestic violence).
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2017
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vol. 62
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issue 1 (372)
61-75
EN
Almost 25 percent of persons have experienced at least one form of violence in their lifetime, and simultaneously 75 percent of them never seek assistance in any institution and do not believe that such assistance could be effective. The Supreme Audit Office, on its own initiative, conducted an audit whose main objective was to evaluate the effectiveness of the assistance measures provided to domestic violence victims. The audit covered the period between the year 2012 and the first half of 2015, and focused on the availability of specialist counselling, such as: medical, psychological, legal and related to family issues. The audit also examined the availability of safe shelter for victims. The regularity and effectiveness of plans developed for victims were also subject to the audit, as well as the measures taken against the perpetrators of domestic violence.
EN
A frequent reason for women remaining in harmful, abusive relationships is mainly fear of revenge, losing children, sense of guilt and erroneous conviction on abuse. Financial dependence and a lack of familiarity with forms of assistance and available support force a woman to remain in a disordered relationship, sometimes running afoul of the law. Sometimes it is the case that during yet another bout of abuse they reach for any object at hand and give a fatal blow to their torturer-the worst and at the same time the saddest scenario. Both options result in “the end” of one suffering-experiencing violence and the onset of another one related to serving a custodial sentence. In this article I would like to signal that some life paths combine those two awful experiences implying an absence of support of the immediate environment as well as of institutional support by entities whose responsibility it is to provide help.
EN
The aim of this publication is to compare the views of people harmed by the crime of abuse when the perpetrator is ordered to leave the premises  with the current legal norms. The research is complemented by opinions from experts (people who support victims of domestic violence professionally). The considerations lead to an attempt at answering the question of whether the legal shape of the order to leave the premises meets the justified needs of the victims.
PL
Celem publikacji jest skonfrontowanie poglądów osób pokrzywdzonych przestępstwem znęcania się na temat nakazu opuszczenia lokalu przez sprawcę z obowiązującym stanem prawnym. Uzupełnieniem badań są opinie tzw. ekspertów (osób zajmujących się zawodowo wspieraniem ofiar przemocy domowej). Przeprowadzane rozważania mają doprowadzić do próby odpowiedzenia na pytanie o adekwatność kształtu prawnego nakazu opuszczenia lokalu względem usprawiedliwionych potrzeb pokrzywdzonych.
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