Types of Relationships

Establishment of the Relationship
Conditions

Establishment -- Pluralistic Model
(Belgium, France, Netherlands, Luxembourg, Spain, Andorra)

Establishment - Dualistic Model
(UK, Germany, Finland, Czech Republic, Slovenia, Switzerland)

Establishment - Monistic Model
( Denmark, Iceland, Norway, Sweden)

Rights and Duties of the Parties

Weak Registration
Countries

Strong Registration
Countries

Domestic Partnerships

International Plane
Domestic Partnerships

Domestic Partnerships
Recognition and consequences

Benefits Plan
Domestic Partnership

ICCPR
Articles that protect also domestic partnership

Conjugal Relationship

Economic Family

Registration instead of marriage

CEDAW
Case Gonzalez Carreno v. Spain
Facts

CEDAW
Case Gonzalez Carreno v. Spain
Issue

OPUZ v. Turkey
ECHR Domestic Violence
Facts

OPUZ v. Turkey
ECHR

Maria Da Penha Maria Fernandez v. Brazil
IACtHR - Domestic Violence

Fault Base Divorce

No-fault based divorce

Fault-based grounds for divorce

Divorce Law in the America

Domestic Violence - Legal Framework

Domestic Violence - Definition

Family Law and Divorce
Legislation must provide for:

Civil Lawsuits for damages
Domestic Violence

Marital tort claim

Why domestic violence is an intentional and NOT an accidental tort issue?

What kind of damages can be awarded?
Domestic Violence

Protocol 19 to CEDAW

due diligence principle
Domestic Violence

Legislation on Domestic Violence
Istanbul Convention and Convention Balem do Para

Istanbul Convention

States parties’ obligations/responsabilities under Human Rights Law

States breach these obligations/responsabilities

ECtHR: Eremia and Other v Moldovia
Court

ECtHR case Opuz v. Turkey

Types of Domestic Violence

Civil Damages, Tort damages examples

19th Century Divorce Laws

Present day Divorce Laws

Case Gonzalez v. US