(2018) 4/2 Visn. Nac. akad. prokur. Ukr. 110–121
doi
Title of the article Training Course on Judicial Review of Domestic Violence Cases: Experience of Canada
Author(s) TETIANA FULEI
PhD in Law, Honored Lawyer of Ukraine, head, department of scientific methodical research of problems of jurisdiction, National School of Judges of Ukraine, Kyiv, Ukraine, science.nsj@gmail.com
Short title
of the journal (ISSN)
Visn. Nac. akad. prokur. Ukr.
Year 2018
Issue 4/2
Pages [110–121]
Language Ukrainian
Abstract The next step after the adoption of the Istanbul Convention should be the implementation of its norms in the national legislation of the member states, as well as taking into account best international practices in the development of teaching materials for judges, prosecutors and other professionals. In view of such requirements, it is relevant to seek the experience of states that have gains in this area, in particular Canada.
The purpose of the article is to study the Canadian experience of developing a case study on domestic violence cases, in particular its structure, content, innovative approaches to teaching, etc., for possible use in Ukraine.
Characteristics of the Canada Domestic Violence Training Course are focused on mastering professional skills, which requires the introduction of theoretical aspects into practical tasks – scenarios of episodes, expert comments, etc.; involvement in the development of course the professionals in various fields dealing with the problems of domestic violence at various stages and could answer the questions of judges or explain “what is behind it” (the so-called Greek choir); developing “cross-cutting” educational cases with the same characters that will enable them to understand the problem of domestic violence in the dynamics; use of interactive adult learning methods (small group discussions, plenary discussions, express surveys, drafting of documents, etc.); understanding the role of the court at each stage of the proceedings in cases of domestic violence (family/criminal) and the influence of the court on the family. One of the aims of the course was to provide participants with the opportunity to discuss the role of a judge in the processes of domestic violence, in particular, whether this role is different in criminal and family matters and on which it depends, thus the logic of the developed course contributed to the achievement of this educational goal.
According to the results of the study, a number of recommendations have been formulated to develop a training course on domestic violence cases that may be relevant for Ukraine, in particular regarding the content and methodological content of the course and handouts.
Keywords domestic violence; training course; trial; offender; victim; role of the court.
References REFERENCES
List of legal documents
Legislation
1. Concluding Observations on the Eighth Periodic Report of Ukraine, adopted by the Committee at its sixty-sixth session (February 13 – March 3, 2017) URL: accessed 10 December 2018 (in English).
2. Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence URL: accessed 14 December 2018 (in English).
3. Council of Europe Gender Equality Strategy 2018–2023, adopted on March 7, 2018 URL: accessed 14 December 2018 (in English).
Bibliography
Authored books
4. Khrystova H, Osvitnii kurs “Rozhliad sudamy sprav, poviazanykh z nasylstvom v simi”: metodychnyi posibnyk [Training course “Domestic Violence Cases Court Review”: methodical manual] (Vaite, 2011) 86 URL: accessed 14 December 2018 (in Ukrainian).
5. Yevsiukova M ta in. Sudovyi rozhliad sprav, poviazanykh z vchynenniam nasylstva v simi v Ukraini: problemy vidpovidnosti mizhnarodnym standartam ta shliakhy vdoskonalennia: naukovo-praktychnyi posibnyk [Judicial Consideration of Cases Related to Domestic Violence in Ukraine: Problems of Compliance with International Standards and Ways of Improvement: scientific and practical manual] (Vaite, 2011) 196 URL: accessed 14 December 2018 (in Ukrainian).
Edited books
6. Domestic Violence Handbook for Police and Crown Prosecutors in Alberta (Alberta Justice and Solicitor General Alberta Crown Prosecution Service Updated 2014) URL: accessed 14 December 2018 (in English).
7. Konventsiia Rady Yevropy pro zapobihannia nasylstvu stosovno zhinok i domashnomu nasylstvu ta borotbu z tsymy yavyshchamy (Stambulska konventsiia): dovidnyk dlia chleniv parlamentu [Convention of Council of Europe on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention): directory for members of Parliament] URL: accessed 14 December 2018 (in Ukrainian).
Websites
8. Family Violence Laws URL: accessed 14 December 2018 (in English).