Correlation between torture and domestic violence

Abstract

The concept of torture at the international and national levels was examined in the article. The criminal characterization of «torture» differs in international and national legislation. If we compare the Convention for the protection of rights and fundamental freedoms with Article 127 of the Criminal Code of Ukraine, we can draw attention to the fact that the elements of crime under Article 127 of the Criminal Code of Ukraine have a wider range than in the European Convention. Common features, which are characteristic of torture and domestic violence are identified. Firstly, acts of domestic violence are very similar and sometimes even identical, to acts of torture. For example, blows to the body, which cause physical pain, encroachment on the sexual integrity of the person, suppression. The above actions are always accompanied by severe stress, a sense of fear and can humiliate a person, break her morally. Secondly, in each of the cases, there are necessarily consequences in the form of severe physical pain and/or severe moral suffering. Thirdly, in both cases, there are aggressor subjects who, in order to achieve their goal, commit actions in the form of verbal, physical or emotional bullying against another person. Fourthly, both the subject of domestic violence and the subject of torture are aware that their actions do not comply with the generally accepted rules of behavior in society, are deliberate, purposeful and socially dangerous. It can be argued that domestic violence can actually escalate into torture with all the signs of this crime. Difficulties in qualifying torture and domestic violence are indicated. It is difficult to notice and measure the damage caused to the human psyche. When performing a qualification, psychological violence is not given independence, but is considered as an additional element of physical, economic or sexual violence. The consequences of psychological violence are difficult to compare over time. Another difficulty in qualification is the emotional reaction of some victims, which makes it difficult to establish the real picture of events, collect evidence, and appoint expert examinations.