The concept of domestic violence in Lithuania and the aspect of gender from the perspective of international law

Abstract

This article analyses the problems of defining the concept of domestic violence in Lithuania from the perspective of international law, focusing on the problem of delimitation of domestic violence and gender-based violence against women. The article provides an analysis of the concept of domestic violence under international legal documents (UN and CoE Conventions), and in relevant Case Law and the Lithuanian national legislation: i.e. the recently adopted Law on Protection Against Domestic Violence, which entered into force on 15 December 2011. The paper provides an assessment of the national law in consideration of international law. The author considers whether the law could and should be completely gender-neutral (the model chosen now in Lithuania). In addition, the need to consider the perpetrator’s rights (property interests, presumption of innocence, and victim’s opposition to criminal sanction) is analysed in the context of the relevant international human rights cases.