Cases involving domestic violence, abuse or assault require special attention. Some women/men and their children need protection. Domestic violence is a very real and ongoing concern. For this reason, we must always be prepared as human rights specialists, advise the victim to seek safety and not underestimate the threat or domestic violence. Every act of physical violence is serious, but this is not the only abuse we need to be aware of to detect. The most dangerous moment is when a couple breaks up. Sometimes the abuser thinks he/she has nothing left to lose. Sometimes this means that victims and their children may have to hide in a shelter or where the abuser cannot find them.
Precisely for these reasons, it is important to know how to identify the signs of violence so that we can recommend victims to seek a protection order. You might even save a life. Human rights professionals, citizens must learn all they can about domestic violence because sometimes, we must be the voice of those who cannot speak, we must be the ones to fight to stop the illegalities committed against the victims and to restore their rights.
For this purpose, the Convention comes to our aid, which I will explain in the clearest possible terms, for everyone to understand, the importance of its application in practice.
The purpose of the Convention is: Prevention, Protection Prosecution, Coordinated.
Types of domestic violence: Physical, Sexual, Psychological, Economic.
Physical violence– physical or health damage by hitting, biting, hair pulling, stabbing, cutting, burning, strangling, biting in any form and of any intensity, including disguised as the result of any accidents by poisoning, intoxication, as well as other action. With a similar effect.
Verbal violence – addressing offensive language, use of insults, threats, degrading or humiliating words and expressions.
Psychological violence – imposing one’s will or personal control, causing tension and mental suffering in any way and by any means, demonstrative violence against objects or animals, verbal threats, ostentatious display of weapons, neglect, control of personal life, jealousy, confrontations of any kind etc.
Sexual violence – sexual aggression, imposition of degrading acts, harassment, intimidation, manipulation, brutality to maintain forced sexual relations, martial rape.
Economic violence – the prohibition of professionals activity, depravation of economic means, including lack of means of primary exitances, such food, medicine, basic necessities, the intentional theft of a person’s property, the prohibition of the right to possess, use and dispose of common goods, unfair control over common goods and resources, refusal to support the family, imposition of hard and harmful work to the detriment of health, including a minor family member, as well as other actions with a similar effect.
General obligations of legal institutions – Protecting all victims from any subsequent acts of violence and Granting effectives remedies for protection.
National remedies against domestic violence. – At the national level, victims can defend themselves by applying the criminal and/or civil procedure. The victim can request a protection order, can request a lawyer to be represented in the legal institution, can request moral and material compensation for sufferings. Everyone must be treated equally before the law without any discrimination.
If the victims do not have national defense remedies against domestic violence, they can apply to the European Court of Human Rights.
According to the ECHR, the obligation of the State Parties is to guarantee under their jurisdiction the full exercise of the fundamental rights enshrined in the text of the Convention.
The positive obligation consists in the duty of the States parties to take the necessary measures to guarantee an effective protection of these rights.
Lawyer – Violeta Gasitoi.