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Description
The proposal addresses three concerns: diagnose and assess the effectiveness of legislation and policies on domestic and gender-based violence, specifically of the measures applied to offenders mentioned on priority C of the call; analyse and debate the Portuguese legislation in comparison with solutions provided by other European countries (namely of restriction orders) and in the light of international recommendations; deliver recommendations developed based on the study on the effectiveness of the measures applied to offenders.
The project is designed under 4 work streams, in constant dialogue. The 1st work stream aims to collect and critically analyse the existing data on the matters under evaluation, both on the national and international relevant sociolegal literature and on the official statistical data available. The 2nd work stream will offer a comparative analysis and exchange of knowledge on solutions provided by legislation and policies on domestic and gender-based violence of other European countries. The 3rd work stream concentrates most of the empirical field work on the assessment of the effectiveness of the measures applied to offenders mentioned on priority C of the call. It foresees the implementation of national-wide interviews and focus groups with judicial actors and professionals that deal with judicial cases on domestic and gender-based violence. It also applies case study methodology, by selecting 7 judicial counties where in depth analysis of judicial (both criminal and on children matters) and administrative (from the social reintegration services) cases will be developed, identifying the determinant variables for the effectiveness of the measures. The 4th work stream will focus on the dissemination of knowledge, boosting a website, organizing a seminar, producing a final report with conclusions and recommendations to promote the prevention and fight against domestic and gender-based violence and organizing a final conference.
Summary of project results
The Evaluative Study on the impact of measures applied to offenders project aimed to understand the impact of measures applied to perpetrators, seeking to reflect on the national reality according to the solutions adopted by other EU countries and to produce recommendations for the promotion of public policies on the prevention of domestic violence and gender violence.
The systematization and reflection based on the empirical data obtained through the fieldwork research contributed to deepen the knowledge about the application of coercive measures and penalties in the context of domestic violence, not only by knowing the Portuguese judicial practice, but also by framing it in the context of a broader reflection considering different solutions in other legal systems of the European Union.
The contribution of the project partners was essential to ensure access to data sources, reflection on the issues under analysis and discussion of the recommendations. The research project resulted in two relevant products: an article and a scientific report based with the analysis of the empirical data collected, critical reflection based on it, comparative analysis of other legal systems of the European Union, conclusions and recommendations.
The scientific report addresses each of the defined areas of evaluation: the comparative analysis with other legal frameworks of EU countries, especially in the immediate response to violence; the application of detention measures in flagrante delicto and out of flagrante delicto, in cases of domestic violence; the application of coercive measures, means of supervision and their non-compliance; the application of provisional suspension of proceedings; the application of penalties (main and accessory), their grounds and non-compliance; the application of Law 24/2017, of 24 May, on the urgent regulation of parental responsibilities in situations of domestic violence; and data on homicides in the context of domestic violence. The last chapter of the report presents the final conclusions and recommendations of general scope, which address cross-cutting issues to the various themes analysed; and conclusions and recommendations of specific scope, organised around the immediate response to violence, the impact of the measures applied to aggressors and the articulation between the criminal process and the process of regulation of parental responsibilities.
The project''s results were discussed in the several and dissemination events held, reaching more than 1700 participants.
Output 3.2 - Effectiveness of legislation and policies on domestic and gender-based violence assessed
• Publication of a study on the effectiveness of coercive measures and accessory penalties in the context of domestic and gender violence:
The scientific report of the project presents the analysis of the collected data (entered in the respective databases) and condenses the knowledge and reflection produced from empirical data obtained through multiple sources (research of processes, statistical analysis, interviews, groups of discussion). The plurality of information sources allowed the cross-validation of the obtained results and the complexification of the discussion about their meanings.
The article “The response to immediate danger in cases of domestic violence”, submitted to a scientific journal for publication.
• Production of recommendations based on the study and comparative analysis of other EU legal systems on the effectiveness of coercive measures and accessory penalties in the context of domestic and gender violence:
The final scientific report also includes the conclusions of the empirical work and the recommendations in all areas under analysis; it is intended that this report has a long-term impact and constitutes a reference source for defining public policies in the field of preventing and combating violence against women and domestic violence, for future interventions in this analytical field and for socio-legal research in this matter .
Summary of bilateral results
The project was developed in partnership with the Norwegian Center for Violence and Traumatic Stress Studies (NKVTS) – a prestigious research center dedicated to the development of scientific studies on violence and traumatic stress.According to the Promotor, the commonality of interests with this partner entity allowed for the exchange of scientific knowledge, the results of research projects and the sharing of scientific methodologies used.