Violence against women and domestic violence in relation to the Istanbul Convention

• Author: Kristīne Dupate
• Pages: 59-60

59

10 Violence against women and domestic violence in relation to the Istanbul

Convention

10.1 General (legal) context

10.1.1 Surveys and reports on issues of violence against women and domestic violence

There is one relevant survey carried out rega rding the perception of domestic violence.

The survey carried out in 2018 demonstr ates that the majority of the population final ly

considers that domestic violence against women is a crime and n ot a private matter.163

More thorough informat ion – includin g statistical data on police visits, claims l odged and

cases decided – is provid ed by a relatively old report prepared by th e Ministry of Welfare

(responsible for implementation of the Istanbul Convention agenda) in 2016.164 According

to this rep ort, the number of registered domestic violence cases is growing considerably

year by year, which means that legal measures undertaken by the legislator in order to

bring Latvian law in line with the requirements of the Istanbul Convention at the beginning

of 2014, were urgently necessary for the effective p rotection of the victims of domestic

violence.

10.1.2 Overview of national acts on violence against women, domestic violence and issues

related to the Istanbul Convention

The Civil Procedure Law165 provides for the temporary protection order procedure, which

is the measure banning a perpetrator from approaching or contacting a victim of violence.

The Administrative Violations Code166 and the Criminal Law167 provide for sanctions in t he

case of non-compliance with the protection order or other oblig ations st emming from a

court’s decision, and criminal responsibility for stalking has been introduced. The g eneral

rights to state social services for victims and perpetrators are provided by Articles 3(1)(31)

and 3(1)(11) of the Social Services and Social Assistance Law, and more detailed

regulation is provided b y the Cabinet o f Ministers Regulation No. 790: ‘The procedure on

the provision of the social rehabilitation services for the victims of violence and for

perpetrators’.168 In addition, draft amendments to the Criminal Law have be en recently

submitted to Parliament by the Cabinet of Ministers relating to the more effective

qualification an d san ctioning of cases of dome stic violence , including protection against

stalking.169

10.1.3 National provisions on online violence and online harassment

There are no specific provisions protecting against online violence and online harassment.

10.1.4 Political and societal debate

After heated political debates between the highest ranking politicians, scholars and officials

during the spring of 2016 , concerning the substance of the Istanbul Convention – mainly

163 Survey company SKDS, available in Latvian at: https://www.lsm.lv/raksts/dzive--stils/vecaki-un-

berni/skds-petijums-sabiedriba-vardarbibu-pret-sievieti-gimene-uzskata-par-noziegumu.a288914/.

164 Available in Latvian at: http://www.lm.gov.lv/upload/publikacijas/lmzino_060516_stamb-vk.pdf.

165 Civilprocesa likums, Official Gazette No. 326/330, 3 November 1998.

166 Latvijas Administratvo prkpumu kodekss, OG No. 51, 20 December 1984.

167 Kriminllikums, Official Gazette No. 199/200, 8 July 1008.

168 The Social Services and Social Assistance Law (Socilo pakalpojumu un socils paldzbas likums), Official

Gazette No. 168, 19 November 2002, respective amendments Official Gazette No. 82, 27 May 2009; The

Cabinet of Ministers Regulation No. 790 ‘The procedure on the provision of the social rehabilitation services

for the victims of violence and for perpetrators’ (Socils rehabilitcijas pakalpojumu sniegšanas krtba no

vardarbbas cietušm un vardarbbu veikušm pilngadgm personm), Official Gazette No. 257, 30

December 2015.

169 Draft amendments to the Criminal Law No. 794/Lp12, available in Latvian at:

http://titania.saeima.lv/LIVS12/SaeimaLIVS12.nsf/webAll?SearchView&Query=([Title]=*kriminlliku*)&Se

archMax=0&SearchOrder=4.