Domestic violence from the perspective of mediation

• Author: Gavril Paraschiv
• Position: Faculty of Law and Public Administration, Craiova, 'Spiru Haret' University, Romania
• Pages: 127-131

 

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AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2014), pp. 127-131

127

DOMESTIC VIOLENCE FROM THE PERSPECTIVE OF MEDIATION

G. Paraschiv, R.G. Paraschiv

Gavril Paraschiv

Faculty of Law and Public Administration, Craiova,

“Spiru Haret” University, Romania

* Correspondence: Gavril Paraschiv, Râmnicu Vâlcea, 30 General Magheru St., Vâlcea,

Romania

E-mail: gavril.paraschiv@yahoo.com

Ramona-Gabriela Paraschiv

Faculty of Law, Dimitrie Cantemir Christian University, Bucharest, Romania

* Correspondence: Râmnicu Vâlcea, 30 General Magheru St., Vâlcea, Romania

E-mail: ramonaparaschiv@rocketmail.com

Abstract

The procedure of mediation is an efficient method of amiably solving the differences,

also used in the litigations regarding family viol ence, as it offers the party the pos sibility of

solving th e co nflict s in a confi dentia l framework, appropri ate f or eliminati ng the tensio ns

accumulated and avoiding the asperities specific to legal trials.

Keyword s: medi ation, domesti c violence, internatio nal regu lation s, procedure,

control.

Introduction

Family violence represents an extremely serious social problem, and the specialists

consider it a form of torture1, due to its characteristics.

In con f. with art. 22 from Chapte r II of the Romanian Constitution2, e ntitl ed

“Fundamental ri ghts and liberties”, t he right t o life, as well as the right to physical and

mental integrity of the person are guaranteed.

Law no. 217/2003 for preventin g and contro lling family viol ence defin es family

violence as any physical or verbal action performed intention ally performed by a member of

the family against another member of the same family, which provokes a sexual, mental or

physical suffering or a material prejudice. This law extends the concept of family violence to

other forms of aggression, except the physical one, as well as the acts of preventing a woman

from exercising her fundamental rights and liberties3.

The integrity of the person, including the f amily members, implies for th e authoritie s

of the state, the obligation of constituting an efficient legal system, which sanction s the

persons guilty of breaching this right4.

1 Radika Coomaraswamy V. (special reporter of the Unit ed Nations on the issue of violence against women

during the period 1994-2003), “Lupta împotriva violenei domestice: obligaiile statului”, Publication of

Innocenti Digest 10, 10 (2000).

2 Constituia României modificat (Amendment of the Romanian Constitution), was published in the Official

Gazette no. 457 from the date of 31.10.2003.

3 By a family member one can understand the husband or a close relative, and the persons who established similar

relations of those between husbands or between parents and ch ildren, proven by a social investigation (art. 3 and

art. 4 from the Law no. 217/2003).

4 Gheorghe Costache, Sistemul legislativ românesc. Despre respectarea drepturilor omului, Year Book of t he

Institute of Social and Human Research C.S. Niclescu Plopşor of the Romanian Academy, vol. VIII, 2007, p.

471 and foll.