CEMI - Centar za monitoring i istraživanje

Analysis of Court Proceedings in Cases of Violence Against Women and Gender-Based Violence

11. Nov. 2024. in publications

In this analysis, we focused specifically on violence against women, with the note that our research does not cover only gender-based violence against women, but also includes violence against women that may not necessarily fall under the category of gender-based violence. Women, even when the violence is not directly linked to gender roles, often find themselves in situations where they are at a disadvantage compared to the perpetrators.

The analysis presented here addresses only the criminal law and, to some extent, misdemeanor aspects of gender-based violence and violence against women, specifically criminal proceedings in which the victims are women, regardless of their age or the relationship with the perpetrator.

This analysis has several objectives: to provide a deeper understanding of the current approach of courts in Montenegro in cases of violence against women and gender-based violence; to examine the extent to which Montenegrin courts apply international standards, such as the Istanbul Convention and guidelines of the European Court of Human Rights, in cases of violence against women and gender-based violence; to explore the specific challenges and obstacles faced by victims of gender-based violence and violence against women when initiating and pursuing legal proceedings; and to assess the extent to which criminal policy has a deterrent effect on perpetrators and contributes to reducing violence against women and gender-based violence.

This analysis was developed within the framework of the project “Strengthening Judicial Mechanisms to Combat Gender-Based Violence”, implemented by the Centre for Monitoring and Research (CeMI) in partnership with the Institute for Legal Studies (IPLS), and funded by the Ministry of Human and Minority Rights.