DOMESTIC VIOLENCE IN THE AGE OF COVID - 19 PANDEMIC

  • Ana Čović Institute of Comparative Law
Keywords: COVID - 19, human rights, domestic violence, state of emergency.

Abstract

In the months behind us, we have witnessed a global pandemic in the world, which has resulted in the adoption of various measures that limited certain human rights. Among them is the freedom of movement. The effects of the spread of the COVID - 19 virus were felt in various spheres of social life, which changed the way of doing business, education, performing religious services and performing daily activities, redirecting them to the possibilities that the Internet and digital age opened the door to. The consequences were numerous, and after people were given the opportunity to spend more time with their families, an increase in domestic violence was observed. An interesting question is why and in what percentage did the COVID - 19 pandemic affect the increase in domestic violence and has the restriction of human rights and freedoms significantly affected people's mental and physical health and relationships within the family household? In addition to the causes of this phenomenon, it is necessary to learn about ways to overcome it or reduce it in the future by applying appropriate measures, if a similar emergency occurs again.

References

1. Bradbury – Jones, C. (2020). The pandemic paradox: The consequences of COVID 19 on domestic violence. Journal of Clinical Nursing, Volume 29, Issue 13-14: 2047 – 2049. https://doi.org/10.1111/jocn.15296
2. Burrowes, R. (2020, April 13). The Elite's COVID 19 Coup Against a Terrified Humanity: Resisting Powerfully, Global Research, Available at https://www.globalresearch.ca/elite-covid-19-coup-against-terrified-humanity-resisting-powerfully/5709479
3. Campbell, A. (2020). An increasing risk of family violence during the Covid- 19 pandemic: Strenghthening community collaborations to save lives. Forensic Science International: Reports, Volume 2, https://doi.org/10.1016/j.fsir.2020.100089
4. Čović, A. (2013). The importance of ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, "Foreign Legal Life", no. 3/2013. p. 279-292.
5. Čović, A. (2014). Violence against children - manifestations and measures of protection. International Scientific Conference Violence in Serbia - Causes, Forms, Consequences and Social Reactions, Tara, p. 368-382.
6. COVID – 19 and Human Rights – We are all in this together, 2020. Available at https://www.un.org/victimsofterrorism/sites/www.un.org.victimsofterrorism/files/un_-_human_rights_and_covid_april_2020.pdf
7. Galea S, Merchant RM, Lurie N. (2020). The Mental Health Consequences of COVID-19 and Physical Distancing: The Need for Prevention and Early Intervention. JAMA Intern Med. American Medical Association. Volume 180(6):817–818. doi:10.1001/jamainternmed.2020.1562
8. John, N, Casey, SE, Carino, G, McGovern, T. (2020). Lessons Never Learned: Crisis and gender‐based violence. Developing World Bioethics. Volume 20, Issue 2: 65– 68. https://doi.org/10.1111/dewb.12261
9. Kumar A. & Nayar R. K. (2020). COVID 19 and its mental health consequences, Journal of Mental Health, https://doi.org/10.1080/09638237.2020.1757052
10. Mezzadra, S, Stieri, M. (2020). What happens to Freedom of Movement during a Pandemic? Open Democracy, Available at https://www.opendemocracy.net/en/can-europe-make-it/what-happens-freedom-movement-during-pandemic/
11. Ndedi, Alain, Framework in Ending Violence Against women and Girls with the Advent of the COVID 19 from an African Perspective (April 14, 2020). Available at SSRN: https://ssrn.com/abstract=3575288 or http://dx.doi.org/10.2139/ssrn.3575288
12. Nigam S. (2020). COVID-19, Lockdown and Violence against Women in Homes Available at SSRN: https://ssrn.com/abstract=3587399 or http://dx.doi.org/10.2139/ssrn.3587399
13. Piquero, A.R., Riddell, J.R., Bishopp, S.A. et al. (2020). Staying Home, Staying Safe? A Short-Term Analysis of COVID-19 on Dallas Domestic Violence. American Journal of Criminal Justice. https://doi.org/10.1007/s12103-020-09531-7

LIST OF REGULATIONS AND ACTS

1. Constitution of the Republic of Serbia, "Official Gazette of RS" no. 98/2006.
2. Convention on the Elimination of All Forms of Discrimination against Women, UN, 1979 (Official Gazette of the SFRY - International Agreements, No. 11/1981).
3. Convention on the Rights of the Child, UN, 1989 (Official Gazette of the SFRY - International Agreements, No. 15/1990 and Official Gazette of the FRY, No. 4/96 and 2/97).
4. Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, Istanbul, 11 May 2011.
5. Criminal Code, Official Gazette of RS, no. 85/2005, 88/2005 - corrected, 107/2005, 72/2009, 111/2009, 121/2012, 104/2013, 108/2014, 94/2016 and 35/2019.
6. Decree on emergency measures (Official Gazette of RS, No. 31 / 2020-3 of March 16, 2020.
7. Family Law, Official Gazette of RS, no. 18/05.
8. Law on Protection of the Population from Infectious Diseases (Official Gazette of RS, no. 15/2016 and 68/2020.
9. Law on Prevention of Domestic Violence ("Official Gazette of RS", No. 94/2016).
10. Law on Ratification of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Official Gazette of the RS - International Agreements, No. 1/2010).
11. Law on Special Measures for Preventing the Execution of Criminal Offenses against Sexual Freedom against Minors (Official Gazette of the RS, no. 32/2013).
12. Order on Restriction and Prohibition of Movement of Persons on the Territory of the Republic of Serbia (Official Gazette of RS, No. 34/2020, 39/2020, 40/2020, 46/2020 and 50/2020).
Published
2020-11-27
Section
Social, Economic and Political Flows of Crime