Following a request to Brazil’s Federal Supreme Court (Supremo Tribunal Federal or “STF”) by then-President Luiz Inácio Lula da Silva, the STF reviewed and upheld the constitutionality of the Lei Maria da Penha (“LMP”). The LMP is Brazil’s first law to address the problem of domestic violence against women on a national scale.
The appellant was convicted and sentenced to eight years imprisonment including hard labor for defilement of an11-month-old girl. On appeal, the appellant’s primary argument was that the testimony of the child’s mother was not sufficiently corroborated and therefore the conviction was not supported by the evidence. He also argued that the sentence was excessive.
The Supreme Court, in deciding upon the applicability of certain procedural rules, confirmed the main international definitions of violence within relationships. Particularly, the local court dismissed the case against a man charged with the crimes of stalking and mistreatment in the family pursuant to articles 612-bis and 572 of the Italian Criminal Code, without giving any notice of the motion to dismiss to the person injured by the crime in accordance with Article 408 of the Italian Code of Criminal Procedure.
Applicant is a citizen of Ukraine who came to Slovenia as a teenager with her family. Applicant alleged that when she was 14 a family friend repeatedly sexually assaulted her. The police investigated and an expert in gynecology examined the applicant. After complaints and a letter from the State Prosecutor’s Office to the local police a criminal complaint was issued. The ensuing investigation and trial extended over a period of eight years. During that time the defendant was allowed to repeatedly cross examine the applicant.
The applicant lived in social housing provided by the local authorities because she was disabled and had four children with her husband. Gradually, the relationship between the applicant and her husband began to deteriorate as he abused alcohol and threatened her and the children. He sometimes subjected her to physical and psychological violence. Over several years, the applicant repeatedly appealed to the police with complaints about her husband’s abuse and ill-treatment of her. In response, law enforcement agencies only visited the residence and conducted preventive talks.
This publication aims to present together the institutional solutions for coordinating cooperation between government and other stakeholders in service of victims of domestic and intimate partner violence. The adoption of the general and the special protocols by the Serbian Government helps achieve the objectives of Strategic Area 3: International Cooperation of the National Strategy for Prevention and Elimination of Domestic and Intimate Partner Violence adopted in April 2011. (Official English translation available through External URL.)
The Special Protocol is founded on the respect for fundamental principles laid down in the Law on Social Protection, including principles of respect for the integrity and dignity of the beneficiary, principle of prohibition of discrimination, principle of acting in the best interest of the beneficiary, and principle of the least restrictive environment. The person suffering domestic and intimate partner violence has the right to information, to participate in decision-making, to freely choose family law and protection services, to confidentiality and privacy, and to file a complaint.
Article 4 (A/1) requires education, health, and social service providers (whether private or public sector) to report known or reported cases of domestic violence to the Juvenile and Family Protection Department. The obligation to report such cases (regardless of the consent of the victim) is in part mitigated by Article 4 (B) which guarantees the protection of victims by forbidding disclosure of their identities unless required by judicial procedures. The Law goes on to grant the police rights in relation to actual or suspected cases of violence or abuse.
