Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main n...

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Main Author: Darko Simović
Format: Article
Language:deu
Published: Institute for Political Studies, Belgrade 2020-02-01
Series:Srpska Politička Misao
Online Access:http://dx.doi.org/10.22182/spm.6642019.9
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author Darko Simović
author_facet Darko Simović
author_sort Darko Simović
collection DOAJ
description The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.
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publisher Institute for Political Studies, Belgrade
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series Srpska Politička Misao
spelling doaj-art-c3c44c28c39549bab71210de1f296f652025-02-02T02:33:08ZdeuInstitute for Political Studies, BelgradeSrpska Politička Misao0354-59892020-02-01664/201919320610.22182/spm.6642019.9Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspectiveDarko SimovićThe adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.http://dx.doi.org/10.22182/spm.6642019.9
spellingShingle Darko Simović
Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective
Srpska Politička Misao
title Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective
title_full Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective
title_fullStr Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective
title_full_unstemmed Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective
title_short Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective
title_sort dilemmas about the scope of the act on prevention of domestic violence from a human rights perspective
url http://dx.doi.org/10.22182/spm.6642019.9
work_keys_str_mv AT darkosimovic dilemmasaboutthescopeoftheactonpreventionofdomesticviolencefromahumanrightsperspective