By: Andrew

Andrew — Sun, 23 Aug 2015 14:35:50 +0000

*I meant of course: it’s good to get an answer. Tempted to commit an act of violence against my keyboard!

By: Andrew

Andrew — Sun, 23 Aug 2015 14:34:55 +0000

Thank you, Sofia, it’s goo to get answer. All fine provided “prior acts of domestic violence ” means acts admitted or proved in litigation in which the alleged perpetrator had a right to be heard and to be legally represented – not allegations or acquittals.

As for the definition of d.v. let us remember that while actual or threatened physical violence is usually male-on-female all the other ways in which spouses or partners can harm each other are equal-opps. The wider you throw the definition of domestic violence, the less gendered it will be.

By: Sofia

Sofia — Wed, 19 Aug 2015 13:28:44 +0000

The Decision says:
“In accordance with article 7, paragraph 3, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and taking into account all of the foregoing considerations, the Committee considers that the State party has infringed the rights of the author and her deceased daughter under articles 2 (a-f); 5 (a); and 16, paragraph 1 (d) of the Convention, read jointly with article 1 of the Convention and general recommendation No. 19 of the Committee.
11. The Committee makes the following recommendations to the State party:
(a) With regard to the author of the communication:
(i) Grant the author appropriate reparation and comprehensive compensation commensurate with the seriousness of the infringement of her rights;
(ii) Conduct an exhaustive and impartial investigation to determine whether there are failures in the State’s structures and practices that have caused the author and her daughter to be deprived of protection;
(b) In general:
(i) Take appropriate and effective measures so prior acts of domestic violence will be taken into consideration when determining custody and visitation rights regarding children and so that the exercise of custody or visiting rights will not endanger the safety of the victims of violence, including the children. The best interests of the child and the child’s right to be heard must prevail in all decisions taken in this regard;
(ii) Strengthen application of the legal framework to ensure that the competent authorities exercise due diligence to respond appropriately to situations of domestic violence;
(iii) Provide mandatory training for judges and administrative personnel on the application of the legal framework with regard to combating domestic violence, including training on the definition of domestic violence and on gender stereotypes, as well as training with regard to the Convention, its Optional Protocol and the Committee’s general recommendations, particularly general recommendation 19.
12. In accordance with article 7, paragraph 4, the State party shall give due consideration to the views of the Committee, together with its recommendations, and shall submit to the Committee, within six months, a written response, including any information on action taken in the light of the views and recommendations of the Committee. The State party is also requested to publish the Committee’s views and recommendations and to have and have them widely distributed in order to reach all relevant sectors of society”.

By: Andrew

Andrew — Fri, 14 Aug 2015 18:33:10 +0000

Can you specify precisely what Spain should do? You mention reparations: is that all? If not, what else?

Comments on: Spain’s Commitment to International Human Rights Law: 26 Murdered Children Isn’t Regrettable, It’s Terrifying

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