Domestic Violence

Protection against violence is based on Article 7 (respect for private and family life), Article 1 (human dignity), Article 3 (right to the integrity of the person), Article 4 (prohibition of torture and inhuman treatment), and Article 21 (non-discrimination) of the Charter of Fundamental Rights of the EU and EU Directive 2024/1385.

Text as of March 2026

In the European Commission’s 2025 Report on Ukraine, the Commission emphasizes that Ukraine has taken concrete steps to align its national legislation with the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention). Despite this, gender-based violence remains a critical issue requiring more decisive measures. The Commission emphasizes the need to improve access to specialized support services and infrastructure for victims of gender-based, domestic, and sexual violence, as well as to ensure stable budgetary funding for long-term support and rehabilitation.

The case law of the European Court of Human Rights has established a set of fundamental principles regarding states’ positive obligations in cases of domestic and sexual violence under Articles 3 and 8 of the ECHR. The state is obligated to ensure effective, independent, and timely investigations of all reports of violence, which cannot be reduced to formal procedural actions or concluded without a proper clarification of the facts of the case. The duty to protect is proactive in nature, requiring authorities to act on their own initiative in cases involving vulnerable individuals or the public interest. Authorities must immediately take preventive measures based on a comprehensive assessment of risks to victims’ lives, health, and dignity. At the same time, the Court emphasizes the priority of victims’ rights over the interests of perpetrators in matters of physical and psychological integrity, as well as the need for enhanced protection of children. In cases of sexual violence, particular importance is attached to preventing secondary victimization, applying effective criminal law mechanisms, and observing the principle of sensitivity, taking into account the age, vulnerable situation, and private nature of the circumstances of the case.

Based on research and human rights advocacy practice, we have identified the following challenges to realizing this right in Ukraine:

Gaps in the law: The Criminal Code of Ukraine does not contain specific provisions addressing forms of violence such as stalking, online stalking, harassment, or cyberbullying. Additionally, there is no liability for publishing a person’s intimate content via electronic communications without their consent, intentionally or repeatedly surveilling a person without their consent, or committing threatening acts through such means.
Barriers to private prosecution: Crimes related to domestic and sexual violence are classified as private prosecution cases (Article 477 of the Criminal Procedure Code of Ukraine). Victims often withdraw their complaints due to pressure or manipulation, leading to the closure of proceedings. To address this, in May 2024, draft Law No. 10420 was supported in the first reading; however, to this day, it is not even ready for the second reading, and in December 2024, draft Law No. 12297 was registered, but it has not even been considered by parliament in the first reading. These draft laws propose the introduction of public prosecution: proceedings can be initiated upon the complaint of any person.
Invisibility of children: Police and courts often fail to identify child witnesses as victims of domestic violence. But even when they do, the information is not always forwarded to child welfare services. Children are recognized as victims in only 6% of criminal cases. There is a lack of awareness that witnessing violence can make a child a victim rather than just a witness.
Lack of a unified risk assessment: Risk assessment should identify immediate threats to safety, while needs assessment focuses on long-term support (medical, social, legal). The lack of such coordination between law enforcement and social services leads to inefficient use of resources and increases the risk of repeat violence.
Limited police resources: Specialized police units and shelters are concentrated primarily in large cities, leaving rural areas and small towns without adequate protection.
Problems with collecting statistical data and tracking vulnerable groups: Despite legal requirements (Article 5 of the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men”), no effective mechanism for systematizing data has been implemented. Key issues:
- Conceptual confusion: The long-standing failure to distinguish between data on domestic violence and gender-based violence complicates the assessment of each phenomenon.
- No specification of sexual violence: Statistics do not distinguish between forms of violence (e.g., within marriage), as data are collected under the general category of Article 152 of the Criminal Code.
- Accounting for persons with disabilities: Ukraine lacks statistics on girls and women with disabilities who have experienced violence, although international studies confirm that they are subjected to violence significantly more often.
In May 2025, GREVIO (Group of Experts on action against violence against women and domestic violence) conducted its first baseline assessment visit to Ukraine. It is important for Ukraine to develop a clear plan for implementing the proposed recommendations.

What Ukraine Needs to Do During the EU Accession Process to Improve the Situation:

To ensure the proper implementation of Articles 1, 3, 4, and 7 of the Charter of Fundamental Rights of the European Union and the provisions of the ECHR regarding the protection of victims of domestic and sexual violence, Ukraine’s national legislation requires further systematic improvement. The key task is to ensure an effective criminal justice response, procedural safeguards for victims, and a comprehensive support system that takes into account their vulnerable situation.

In this context, it is advisable to prioritize the following:

Strengthen criminal law protection and accountability: The provisions of EU Directive 2024/1385 must be implemented, and modern forms of cyberviolence must be criminalized, including the sharing and distribution of intimate content without the person’s consent, stalking, harassment, and incitement to violence or hatred via electronic communications. Laws must clearly address sexual violence in private settings, including within intimate or family relationships, and hold individuals liable for forcing genital mutilation. In cases of sexual and domestic violence, it is advisable to review sentencing approaches, particularly by limiting excessively lenient sanctions, expanding the list of aggravating circumstances, and revising the rules for calculating statutes of limitations in cases involving crimes against children.
Ensuring effective procedural safeguards for victims: Cases involving domestic and sexual violence must be definitively excluded from the scope of private prosecution. Procedural mechanisms must minimize the retraumatization of victims, in particular by limiting contact with the perpetrator, conducting interviews in specially adapted settings, using audio and video recording, and protecting the confidentiality of personal data. Special attention must be given to ensuring mandatory individual risk and needs assessments for victims and establishing effective interagency coordination between law enforcement agencies and social services. Ensuring the mandatory participation of the guardianship and custody authority as the child’s legal representative in proceedings.
Expanding access to support, legal aid, and compensation: It is necessary to guarantee victims’ access to free legal aid, psychological, and social support, in particular through the development of specialized crisis centers. Regardless of whether a conviction is handed down, legislation must provide effective mechanisms for state compensation for victims of domestic and sexual violence.
Working with perpetrators and preventing repeat violence: The accountability system must combine punishment with mandatory participation in correctional or probation programs for perpetrators. To this end, legislative inconsistencies must be eliminated, and clear criteria for the application of such programs by courts must be established.
Addressing the needs of vulnerable groups and preventive measures: Legislation and practice must adequately address the needs of children, persons with disabilities, and elderly as victims of violence, particularly regarding access to justice, support, and rehabilitation. An important element is the development of systematic information and educational initiatives aimed at fostering a culture of zero tolerance for violence, including comprehensive and inclusive sex education. In particular, education should be in place on consent in sexual relationships, which is a direct requirement of EU Directive 2024/1385 (Article 36).
Statistics and Monitoring: Establish detailed tracking of forms of violence and record data on survivors with disabilities to inform targeted policies.
Finalize and adopt the following draft laws in Parliament:

No. 10420 on amendments to the Criminal Procedure Code of Ukraine regarding medical examinations and expert assessments, the conclusion of reconciliation agreements, and criminal proceedings in the form of private prosecution due to the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).
No. 12297 on amendments to the Criminal Code and the Criminal Procedure Code of Ukraine on ensuring the full implementation of international law provisions on combating domestic and other forms of violence, including against children.

For a more detailed overview of the EU and Ukraine’s acquis and case law related to this right, and the rationale for our recommendations, please see the research section of this page. Specifically, see the document available only in Ukrainian: Prevention of Offenses Related to Domestic and Sexual Violence along with the investigation of such offenses in the context of fulfilling EU accession commitments. If you have any feedback or comments about this material, please send them to: hrmap@ccl.org.ua.

Experts

Daria Rosokhata

Lawyer-analyst of the Analytical Center of the Association of Women Lawyers of Ukraine “JurFem,” Ph.D. in Law

Mariia Hrytsyshyn

Consultant, assistant lawyer of the Analytical Center of the Association of Women Lawyers of Ukraine “JurFem,” Bachelor of the Law School of the Ukrainian Catholic University

The Jurfem Analytical Center