Positive Procedural Obligation of Ukraine to Effectively Investigate Domestic Violence Under Article 3 of the European Convention on Human Rights

Key Points

Ukraine fails to effectively investigate domestic violence, indicating a breach of obligations under human rights law.
Key deficiencies include inadequate training for law enforcement and procedural guidance, which weakens investigations.
Adopting trauma-informed approaches can significantly improve the effectiveness of domestic violence investigations.
Cultural stereotypes persist, highlighting the need for systemic changes to ensure thorough investigations.

Abstract

This research examines Ukraine’s positive obligation to effectively investigate domestic violence under Article 3 of the European Convention on Human Rights, drawing on the case law of the European Court of Human Rights. The study identifies deficiencies in Ukraine’s legal and practical implementation, including a lack of specialized training for law enforcement, insufficient procedural guidance, and the persistence of cultural stereotypes that impede thorough investigations. The paper proposes a series of practical solutions, including the adoption of trauma-informed approaches and technology-driven tools, to enhance investigation effectiveness.

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Positive Procedural Obligation of Ukraine to Effectively Investigate Domestic Violence Under Article 3 of the European Convention on Human Rights

Key Points

Abstract

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