Standard dužne pažnje po Istanbulskoj konvenciji Saveta Evrope
THE STANDARD OF DUE DILIGENCE BY THE ISTANBUL CONVENTION OF THE COUNCIL OF EUROPE

Author(s): Zorica Mršević, Svetlana Janković
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, International Law, Governance, Public Administration
Published by: Институт друштвених наука
Keywords: Instanbulary Convention; Due Diligence; Violence against Women; Legal Changes; Changes in Institutional Practices
Summary/Abstract: The Convention of the Council of Europe on Preventing and Combating Violence against Women and Domestic Violence, so called Istanbul, calls for the harmonization of institutional policy and practice in member countries of the Council of Europe, as well as in Serbia, with the standards of that document, typical for European societies. The Istanbul Convention was ratified by Serbia in 2013, and the beginning of the implementation of 2017 is fulfilling obligations in terms of craving towards significant changes, not only legal regulations, but also institutional policies and practices. The Convention provides for the establishment of a long-term policy of services to victims of gender-based violence, the creation of effective prevention models and the sanctioning of perpetrators. Its requirement is that states are guided by standards of due diligence in the prevention, protection, prosecution and sanctioning of acts of violence, as a standard of European societies. Significant challenges for institutional practice in Serbia are: firstly, what kind of content is in accordance with the standard of due diligence, since no existing domestic regulations which contain explicit meanings and manner of implementation of this standard; secondly, the lack of consensus in interpretation whether it is a minimum or a maximum of commitment of the legally mandated institutions. This lack of norms provokes controversy in practice, what significantly diminishes the effects of the Convention, but also diminishes the efficiency of the relevant institutions in the fight against violence against women. This text based its arguments on the data from a series of recent research on the practical application of obligations assumed by the ratification of the Istanbul Convention.

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