The article examines international legal approaches to preventing and countering domestic violence, including in the context of the existence of the institution of restrictive measures. It was established that today in the field of human rights protection, states bear not only negative obligations – not to prevent the exercise of certain human rights, but also positive obligations – in particular, to take measures to prevent and counter domestic violence, to investigate all manifestations of domestic violence as situations that require close attention and pose a serious danger. The author draws attention to the fact that international institutions proceed from the postulate that the criminal-legal response to manifestations of domestic violence should not be limited in nature: it should concern not only the perpetrators of domestic violence, but also the victims, to whom security measures should be applied. In particular, the result of the work of the Council of Europe in the fight against domestic violence was the adoption on May 11, 2011 of the Convention on preventing and combating violence against women and domestic violence, which was ratified by Ukraine only this year. The so-called Istanbul Convention obliges states to take measures to ensure that adequate restraining or protective orders are available to victims of all forms of violence. The author came to the conclusion that the international community is several steps ahead of Ukrainian society and legislators in terms of awareness of the acuteness and importance of the problems of domestic violence and legal response to it.

Key words: domestic violence, security measures, international legal approaches to preventing and combating domestic violence, restrictive measures, positive obligations of states to prevent and combat domestic violence, the Istanbul Convention.

References

1. Deborah, Epstein (1999), “Effective Intervention in Domestic Violence Cases: Rethinking the Roles of Prosecutors, Judges and the Court System”, Yale Journal of Law and Feminism, No. 11, рр. 3–50.
2. Kuts, H. M. (2017), “Dominant ideas of legal liberalism in the European space: political and mental choice”, Actual problems of politics, Issue 59, рр. 73–84.
3. United Nations Convention on the Elimination of All Forms of Discrimination against Women: International document of 12.18.1979 (1979), available at: https://zakon.rada.gov.ua/laws/show/995_207/print (accessed 20 December 2023).
4. General Recommendation No. 12: Violence against Women Eighth Session (1989), available at: https://land.gov.ua/wpcontent/uploads/2019/01/%D0%97%D0%B0%D0%B3%D0%B0%D0%BB%D1%8C%D0%BD%D1%96%D1%80%D0%B5%D0%BA%D0%BE%D0%BC%D0%B5%D0%BD%D0%B4%D0%B0%D1%86%D1%96%D1%97%D0%9A%D0%BE%D0%BC%D1%96%D1%82%D0%B5%D1%82%D1%83%D0%9E%D0%9E%D0%9D. pdf (accessed 20 December 2023).
5. General recommendation No. 35 on gender-based violence against women, which is an update of general recommendation No. 19, available at: https://land.gov.ua/wpcontent/uploads/2019/01/%D0%97%D0%B0%D0%B3%D0%B0%D0%BB%D1%8C%D0%BD%D1%96%D1%80%D0%B5%D0%BA%D0%BE%D0%BC%D0%B5%D0%BD%D0%B4%D0%B0%D1%86%D1%96%D1%97%D0%9A%D0%BE%D0%BC%D1%96%D1%82%D0%B5%D1%82%D1%83-%D0%9E%D0%9E%D0%9D.pdf (accessed 20 December 2023).
6. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, adopted by Resolution 54/4 of the General Assembly on October 6, 1999, available at: https://www.un.org/ru/documents/decl_conv/conventions/womendiscrim_prot.shtml (accessed 20 December 2023).
7. Opinions of the Committee on the Elimination of Discrimination against Women in accordance with Clause 3 of Article 7 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women Communication No. 2/2003, Ms. A.T. against Hungary, available at: https://www.un.org/womenwatch/daw/cedaw/protocol/decisionsviews/CEDAW%20Decision%20on%20AT%20vs%20Hungary%20Russian.pdf (accessed 20 December 2023).
8. Declaration on the Eradication of Violence Against Women: International Document of 12.20.1993, available at: https://zakon.rada.gov.ua/laws/show/995_506/print (accessed 20 December 2023).
9. Recommendation N R (85) 4 of the Committee of Ministers to member states “On violence in the family”: International document dated 03/26/1985 No. R (85)4, available at: https://zakon.rada.gov.ua/laws/show/994_264#Text (accessed 20 December 2023).
10. Recommendation No. R (2002), 5 of the Committee of Ministers to Member States on the Protection of Women from Violence, adopted on April 30, 2002, and Explanatory Note, available at: http://hrlibrary.umn.edu/russian/euro/RRec(2002)5.html (accessed 20 December 2023).
11. Council of Europe Convention on preventing violence against women and domestic violence and combating these phenomena dated May 11, 2011, available at: https://rm.coe.int/1680462546 (accessed 20 December 2023).
12. Сase of Kalucza v. Hungary 57693/10 Council of Europe : European Court of Human Rights, 24 April 2012, available at: https://hudoc.echr.coe.int/eng#{%22dmdocnumber%22:[%22907057%22], %22itemid%22:[%22001-110452%22]} (accessed 20 December 2023).
13. Сase of M.G. v. Turkey 646/10 Council of Europe : European Court of Human Rights, 22 March 2016, available at: https://hudoc.echr.coe.int/eng#{%22appno%22:[%22646/10%22],%22item id%22:[%22002-11115%22]} (accessed 20 December 2023).
14. Сase of Halime Kılıç v. Turkey 63034/11 Council of Europe : European Court of Human Rights, 5 August 2011, available at: https://hudoc.echr.coe.int/eng#{%22appno%22:[%2263034/11%22],%22itemid%22:[%22001-127384%22]} (accessed 20 December 2023).