SMURTO PRIEŠ MOTERIS PREVENCIJA: NACIONALINĖS TEISĖS SPRAGOS

Abstract

The paper focuses on the gaps in national law in preventing repetitive violence and adopting a general strategy for the prevention of violence against women. The national legislation of the Republic of Lithuania is evaluated in relation to international law in the area of gender-based and domestic violence. Notably, Lithuania is a party to the corresponding international documents in this area. However, the national legislation at the level of laws and regulations lacks links with international law and relevant documents. The basic preventive measures are very broad and are not targeted at the elimination of violence against women; instead, they seek to decrease the numbers of crimes in the area of domestic violence. The most relevant sectors for prevention, i.e. the health care sector and the education sector, are not involved. The objectives of prevention are not placed within the gender equality paradigm, and violence against women is not seen as being connected with stereotypes and discrimination. In addition, gaps are identified in the prevention of repeated violence against women. The paper suggests that the system of protective orders should be reformed so that protective orders are available to all victims of violence and not limited to domestic violence victims. Both civil and criminal protection measures should exist, and they should be applicable to post-trial victims as well. It is also recommended that the Council of Europe Convention on preventing and combating violence against women and domestic violence, which is the most thorough document on prevention, be ratified. Ratification would improve the weakest point in Lithuanian
legislation on violence against women – the prevention of violence.