Object structure
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Title:

The impact of international treaties on the shape of national criminal law on the basis of Article 48 1 of the Istanbul Convention

Creator:

Bek, Dominika   Sitarz, Olga

ORCID:

0000-0003-4560-808X   0000-0002-2075-3507

Subject and Keywords:

Istanbul Convention   implementation   victim-offender mediation   ADR   domestic violence   violence against women

Abstract:

The Council of Europe Convention on preventing and combating violence against women and domestic violence has been ratified by 29 countries, including Poland. Among other things, pursuant to art. 48, Parties shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes, including mediation and conciliation, in relation to all forms of violence covered by the scope of this Convention. It is regulation that will provide a clear illustration of the reasons which render the implementation difficult or even impossible. Considerations set out in this paper will focus on three basic aspects — the ambiguity of the wording of art. 48 1, discrepancy between the legal text and its official substantiation, as well as the commanding and peremptory tone of its language.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Contributor:

Kalisz, Tomasz. Red.

Date issued:

2019

Date copyrighted:

2019

Identifier:

ISSN 2084-5065  
ISSN 0239-6661

DOI:

10.19195/2084-5065.52.3

Language:

eng

Relation:

Nowa Kodyfikacja Prawa Karnego, ISSN 2084-5065, t. 52, 2019, s. 37-54

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.

Autor opisu:

WR U/PAdbg