European and International Standards for Protection against Domestic Violence

Domestic violence is not only a national problem – it is a phenomenon that affects all European states and is subject to increased international scrutiny. European and international standards set minimum requirements that each country is obliged to meet in order to ensure effective protection for victims.

The Istanbul Convention – Content and Significance

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (the so-called Istanbul Convention) is the most important international treaty in this field.

It contains:

• a broad definition of violence, covering physical, psychological, sexual, and economic violence;

• an obligation for states to establish crisis centers, hotlines, and access to free assistance;

• an emphasis on prevention through education and work with perpetrators.

Bulgaria has not ratified the Convention, but as a member of the Council of Europe and the EU, the country is bound by its principles. Courts and legal practice often refer to it as a source of standards.

Case Law of the European Court of Human Rights

The ECtHR has repeatedly condemned states for failing to provide adequate protection against domestic violence.

In the case Opuz v. Turkey (2009), the Court held that Turkey had violated Articles 2 and 3 of the European Convention on Human Rights (the right to life and the prohibition of inhuman treatment), as it failed to take measures to protect a woman who had repeatedly reported violence.

In the judgment Eremia v. The Republic of Moldova (2013), the Court emphasized that the state has a “positive obligation” to protect victims from future acts of violence.

These cases show that state responsibility is not limited to enacting laws. Effective enforcement mechanisms are also necessary.

EU Directives and Recommendations

The European Union also develops policies for the protection of victims of crime, including domestic violence.

Directive 2012/29/EU establishes minimum standards on the rights, support, and protection of victims. It requires states to provide free information, procedural rights (for example, protection when giving testimony), and access to specialized services.

Recommendations from the European Commission and the Council of the EU emphasize an integrated approach – cooperation between police, courts, social, and health services.

The Citizens, Equality, Rights and Values Programme (European Commission) aims to protect and promote the rights and values enshrined in the EU Treaties and the Charter of Fundamental Rights, in particular by supporting civil society organizations operating at local, regional, national, and transnational levels.

Conclusion

European and international standards clearly show that the state has a responsibility to protect victims of domestic violence not only through legislation but also through effective action. The Istanbul Convention, ECtHR case law, and EU directives serve as guidance and pressure for national authorities to implement more active and integrated protection.

For victims, this means that their rights are not limited to Bulgarian legislation, but are also supported by international protection. In the absence of effective domestic remedies, they may turn to supranational institutions.

This article does not constitute a legal opinion or legal advice related to a specific situation or individual. It is important to note that each case has its own specifics and the outcome depends on particular circumstances. Therefore, affected persons are advised to consult a lawyer.