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A. Draft
opinion
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Report | Doc. 12530 | 24 February 2011
Opinion on the draft Council of Europe Convention on preventing and combating violence against women and domestic violence
Committee on Equal Opportunities for Women and Men
Summary
The Parliamentary Assembly has consistently, repeatedly and forcefully condemned violence against women as one of the most serious violations of human rights in Europe, finding its roots in unequal power relations between women and men and discrimination against women.
The Assembly, therefore, warmly welcomes the draft Council of Europe Convention on preventing and combating violence against women and domestic violence, as the first international binding instrument specifically devoted to this issue and as an important step forward in the promotion of substantive equality between women and men.
While supporting this draft convention, the Committee on Equal Opportunities for Women and Men wishes to propose amendments, with a view to further strengthening the standards set out in the text.
A. Draft
opinion 
(open)1. The Parliamentary Assembly has consistently, repeatedly
and forcefully condemned violence against women as one of the most
serious violations of human rights in Europe, finding its roots
in unequal power relations between women and men and discrimination
against women. The Assembly, therefore, warmly welcomes the draft
Council of Europe Convention on preventing and combating violence
against women and domestic violence, as the first international
binding instrument specifically devoted to this issue and as an important
step forward in the promotion of substantive equality between women
and men.
2. The Assembly welcomes the comprehensive and holistic approach
of the draft convention, which encompasses simultaneously the prevention
of violence against women, the protection of victims, the prosecution
of perpetrators and integrated policies.
3. It also commends the strong monitoring mechanism foreseen
by the draft convention, as well as the innovative provisions setting
out a specific role for national parliaments and the Assembly in
the context of monitoring the implementation of the convention.
4. Having had the opportunity to take part in the entire negotiation
process in the Ad hoc committee on preventing and combating violence
against women and domestic violence (CAHVIO), the Assembly is aware that
the text of the draft convention is the result of a delicate compromise
between diverging views, interests and concerns.
5. The Assembly notes that the scope of the draft convention
itself is the result of a compromise, as it primarily covers all
forms of violence against women, including domestic violence, which
affects women disproportionately, while the states parties are encouraged
to apply the convention also to other victims of domestic violence.
6. Although such a wide scope goes beyond the mandate of the
Council of Europe campaign “Stop domestic violence against women”,
and was not clearly defined in the terms of reference of the CAHVIO,
the Assembly does not think it appropriate, at this stage, to call
it into question, because of the risk of altering a balance which
has been very carefully negotiated.
7. The Assembly, however, wishes to propose amendments, with
a view to strengthening the standards set out in the draft convention.
8. In particular, the Assembly expresses its concern with regard
to the inadequate protection of some specific vulnerable groups,
such as children, elderly people and migrant women without a legal
residence status. These women are mentioned only in the case of
their losing their residence status as a result of the dissolution
of a relationship with a spouse or partner as a consequence of their
being victims of violence.
9. In addition, the Assembly points out that, in the field of
prosecution, too much flexibility is left to the states parties
on how to sanction some of the forms of violence covered by the
draft convention, whether through administrative, civil or criminal
law. The Assembly would have preferred a much stronger emphasis
on the obligation to criminalise certain acts of violence, even
if this created the need for some member states to make additional
efforts to adapt their domestic law to the draft convention.
10. It is likewise regrettable that exceedingly broad latitude
to make reservations is left to the states parties, with the result
that a considerable proportion of the convention could be made inoperative.
This is all the more worrying considering that reservations could
be made to important provisions such as those concerning the victims’
right to compensation, the exercise of jurisdiction, the statute
of limitations, residence status and the obligation to provide for
criminal sanctions for certain acts, as opposed to non-criminal
sanctions.
11. In the light of the above, the Assembly recommends to the
Committee of Ministers that the draft convention be amended so as
to replace the expression “gender-based violence against women”
with “gender-based violence” in Article 3.d, Article 14, paragraph
1 and Article 60, paragraph 1.
12. In addition, with a view to addressing the situation and needs
of specific vulnerable groups, the Assembly invites the Committee
of Ministers to consider drafting two additional protocols to the
draft convention, respectively on children and elderly people. It
also recommends the following amendments to the draft convention:
12.1. in Article 15, paragraph 2,
replace “encourage” with “ensure”;
12.2. in Article 22, at the end of paragraph 2, add the following
words: “taking into account their specific needs”;
13. Moreover, in order to make it explicit that the convention
applies also to migrant women without a regular residence status
and to reinforce measures aimed at protecting them and encouraging
them to report violence to the relevant authorities, the Assembly
recommends to the Committee of Ministers that the draft convention be
amended as follows:
13.1. in Article
4, paragraph 3, after the words “migrant or refugee status” add
the words “, absence of legal residence status”;
13.2. in Article 18, paragraph 1, after the words “victims”
add “, irrespective of their legal status,”;
13.3. in Article 59,paragraph
1, delete the words “in the event of particularly difficult circumstances”;
13.4. after Article 59, add the following new article:
“Irregular migrant status
1. Parties shall take the necessary legislative or other measures to ensure that victims without regular residence status are granted a residence permit in the following cases:
a. where the competent authority considers that their stay is necessary owing to their personal situation;
b. where the competent authority considers that their stay is necessary for the purpose of their co-operation with the competent authorities in an investigation or criminal proceedings.
2. Parties shall apply all the provisions of the present Convention to victims without regular residence status, without discrimination.”
14. With a view to reinforcing substantive law provisions and
protection measures, the Assembly recommends to the Committee of
Ministers the following amendments:
14.1. in Article 34, replace the words “repeatedly engaging
in threatening conduct directed at” with “following, harassing or
threatening”;
14.2. in Article 36, paragraph 3, delete the words “as recognised
by internal law”;
14.3. in Article 40, delete the words “or other legal”;
14.4. in Article 46, paragraph 1.a, delete the words “as recognised
by internal law”;
14.5. in Article 56, paragraph 1.f, replace the words “may be”
with “are”.
15. With a view to further reinforcing the monitoring mechanism
foreseen by the draft convention, and involving more closely specialised
non-governmental structures, national parliaments and the Assembly,
the Assembly recommends to the Committee of Ministers that the draft
convention be amended as follows:
15.1. reword
Article 68, paragraph 5 as follows:
“GREVIO may receive information on the implementation of the Convention from national human rights institutions and equality bodies, civil society and non-governmental organisations, especially women’s organisations”;
15.2. in Article 70, after paragraph 2, add a new paragraph
worded as follows:
“Parties shall consult their national parliaments when drafting the comments to be submitted to GREVIO in accordance with Article 68 of the Convention”;
15.3. in Article 70, after paragraph 3,add a new paragraph as
follows:
“The Parliamentary Assembly shall be entitled to participate in the meetings of GREVIO and the Committee of the Parties as an observer”.
16. With a view to reducing the current exceedingly broad latitude
for the states parties to enter reservations, the Assembly recommends
the following amendments:
16.1. in
Article 78, rephrase paragraph 2 as follows:
“Any state or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the provisions laid down in:
- Article 44, paragraph 1.e;
- Article 55, paragraph 1 in respect of Article 35 regarding minor offences”;
16.2. in Article 78, delete paragraph 3.
17. Finally, the Assembly recommends to the Committee of Ministers
the following amendments to the draft convention:
17.1. in Article 78, delete paragraph
3.
“Contribute to the elimination of all forms of discrimination against women and promote equal dignity for all women and substantive equality between women and men, including by empowering women”;
17.2. in Article 10, paragraph 1, after the words “one or more
official bodies”, add “involving all decision-making levels (governments,
parliaments and local and regional authorities)”;
17.3. in Article 11, paragraph 1.a, after the word “relevant”,
add the word “harmonised”;
17.4. in Article 12, paragraph 1, replace the word “inferiority”
with “subordinate position”;
17.5. in Article 13, paragraph 1, after “increase awareness
and understanding among the general public of”, insert the words
“the dignity and value of women and”;
17.6. reword Article 20, paragraph 1 as follows:
“Parties shall take the necessary legislative or other measures to ensure that victims have access to services facilitating their recovery from violence. These measures should include,where appropriate, services such as legal and psychological counselling, financial assistance, housing, education, training and assistance in finding employment or setting up a business. The Parties are encouraged to set up special measures to facilitate the victims’ access to employment”;
17.7. in Article 29, paragraph 2, replace “state authorities”
with “public authorities”.
18. The Assembly also invites the Committee of Ministers to establish
a close dialogue with the European Union on the issue of violence
against women, with a view to avoiding double standards or contradictions between
the draft Council of Europe convention and European Union legislation
in this field, and encouraging European Union accession to the Convention.
19. In the light of the urgency of effective legal standards to
prevent and combat violence against women and domestic violence,
the Assembly calls on member states:
19.1. not to place hurdles to the process leading to the opening
for signature of the convention as soon as possible, giving a strong
political signal of their commitment to eradicating violence against
women;
19.2. to sign and ratify the convention as soon as possible;
19.3. to ensure the application of the convention “to all victims
of domestic violence”, as they are encouraged to do under Article
2, paragraph 2 of the draft convention;
19.4. refrain from entering reservations and, in any case, not
to renew them after a period of five years from the entry into force
of the convention in respect of the state party concerned.
20. Recalling the activities conducted from 2006 to 2008 when
embodying the parliamentary dimension of the Campaign on “Stop domestic
violence against women”, the Assembly affirms its commitment, through
its Network of the contact parliamentarians of the Parliamentary
Assembly committed to combating violence against women, to conducting
campaigning and awareness-raising activities in support of the promotion
of the signature and ratification of the convention.
B. Explanatory memorandum by Mr Mendes Bota, rapporteur
(open)1. Introduction
1. On 19 January 2011, the Ministers’ Deputies invited
the Parliamentary Assembly to give an opinion on the draft Council
of Europe Convention on preventing and combating violence against
women and domestic violence, as soon as possible.
2. The Bureau of the Assembly entrusted the Committee on Equal
Opportunities for Women and Men with this task. I was appointed
as rapporteur, having already been rapporteur for Resolution 1635 (2008) and Recommendation 1847 (2008) on
combating violence against women: towards a Council of Europe convention,
and Resolution 1582 (2007) and Recommendation 1817 (2007) on
Parliaments united in combating domestic violence against women:
mid-term assessment of the Campaign. I also had the privilege to
attend all the nine meetings of the Ad hoc committee on preventing
and combating violence against women and domestic violence (CAHVIO),
as the Assembly representative.
2. The Assembly’s commitment to combating violence against women
3. Violence against women, including domestic violence,
is one of the most serious forms of gender-based violations of human
rights in Europe. The Assembly has taken a firm political stance
against all forms of violence against women, by adopting a wealth
of resolutions and recommendations, including on female genital
mutilation (Resolution
1247 (2007)), domestic violence (Resolution 1582 (2007) as well as
the above-mentioned texts from 2007 and 2008)), so-called “honour
crimes” (Resolution 1327
(2003)), forced and child marriages (Recommendation 1723 (2005)),
rape (Recommendation
1777 (2007) on sexual assaults linked to “date-rape drugs”
and Resolution 1691 (2009) on
rape of women including marital rape) and, more recently, the issue
of feminicides (Resolution
1654 (2009)).
4. In addition, from 2006 to 2008, the Assembly played a major
role in embodying the parliamentary dimension of the Council of
Europe campaign “Stop domestic violence against women” through the establishment
of a network of contact parliamentarians committed to combating
violence against women. By organising parliamentary debates and
hearings on violence against women, but also in interviews and public statements,
parliamentarians have greatly contributed to raising awareness of
this topic, both amongst legislators and the general public.
5. At the same time, the Assembly has repeatedly expressed its
support to the elaboration of a Council of Europe legal instrument
setting out the highest standards to prevent and combat all forms
of violence against women including domestic violence.
3. General assessment of the draft convention
6. The Assembly should support the draft Council of
Europe Convention on preventing and combating violence against women
and domestic violence, as the first legally binding instrument in
the world specifically aimed at preventing, protecting against and
prosecuting the most severe and widespread forms of gender-based
violence.
7. Violence against women, including domestic violence, undermines
the core values on which the Council of Europe is based. Such a
convention is necessary and long overdue, and the Assembly should
do its best to adopt an opinion as soon as possible, as requested
by the Committee of Ministers.
8. In doing so, however, the Assembly has the right and duty
to raise a number of issues of concern.
9. The current scope of the convention is ambitious and far-reaching,
as it includes “all forms of violence against women, including domestic
violence, which affects women disproportionally”; in addition, “Parties
are encouraged to apply this Convention to all victims
of domestic violence [emphasis added].
10. I do not think it is appropriate, at this stage, for the Assembly
to question the delicate compromise which was reached by the CAHVIO.
However, I am afraid that such a broad scope might affect the consistent implementation
of the convention for victims of different types of violence and
overlook their specific needs. In this context, I find that the
adoption of two separate protocols to the convention, respectively
on children and elderly people, would be advisable, in order to
ensure that specific support and protection mechanisms are available
for these vulnerable groups as victims of gender-based or domestic
violence.
11. The draft convention should be praised for its comprehensive
and holistic approach, encompassing, at the same time, the prevention
of violence against women, the protection of victims, the prosecution
of perpetrators and integrated policies (the so-called “4 Ps”).
12. It should also be commended for its unprecedented innovative
character: for the first time in the world, an international convention
recognises a specific role for national parliaments in the context
of the monitoring procedure. In fact, parliamentary monitoring will
be twofold: it will be ensured by national parliaments at national level
and, at the European level, by the Parliamentary Assembly, which
will be called to regularly take stock of the implementation of
the convention.
13. It is regrettable, however, that the specific situation of
migrant women who do not hold a regular residence permit has not
been adequately addressed. In addition, it is worrying that the
broad latitude for states parties and the European Union to enter
reservations might result in an implementation of the Convention à la carte.
14. In the contacts between the committee and the European Parliament,
the issue of the accession of the European Union to the convention
should be raised, as well as the need to ensure synergy, coherence
and the same high level of standards in the activities that the
Council of Europe and the European Union undertake in the field
of violence against women and domestic violence.
15. The draft Council of Europe Convention on preventing and combating
violence against women and domestic violence is an important step
forward in the right direction. It is, however, also a compromise
between divergent views and concerns of the 47 member states which
participated in the negotiations. This compromise, unfortunately,
has in some respects weakened the standards that one could have
hoped for.
16. For this convention to be a landmark and progressive instrument,
confirming the Council of Europe vocation to be at the forefront
in combating violence against women and domestic violence, some
amendments are necessary.
17. I call on the Committee of Ministers to take on board the
Assembly’s proposals, with a view to ensuring that the Council of
Europe Convention on preventing and combating violence against women
and domestic violence reflects the highest standards in the field
of human rights and that the Council of Europe is, once again, the
organisation leading the way.
18. I would also like to make an appeal to Council of Europe member
states: I hope that also those who cannot accept every single provision
of the convention will nevertheless support politically the process
leading to its final adoption and entry into force as soon as possible.
4. Comments on specific articles in the draft convention
4.1. Article 1 – Purposes of the convention
19. Dignity is a pivotal element in the eradication of
violence against women and should inspire the convention. It is
therefore important that it is explicitly mentioned. In addition,
it should be made clear that there cannot be any discrimination
in recognising women’s dignity.
Proposed amendment: Reword sub-paragraph b as follows: “Contribute to the elimination of all forms of discrimination against women and promote equal dignity for all women and substantive equality between women and men, including by empowering women.”
4.2. Article 3 – Definitions
20. The expression “gender-based violence against women”,
currently used in the convention, is not in line with the commonly
accepted definition “gender-based violence”, which is referred to
in a great number of international binding and non-binding instruments,
such as:
- General Recommendation 19 of the United Nations Committee on the Elimination of All Forms of Discrimination against Women (1992);
- United Nations General Assembly Resolution 48/104 of 20 December 1993 (Declaration on the Elimination of Violence against Women);
- the Beijing Declaration and Platform for Action (1995);
- Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence.
21. The expression “gender-based violence” is also used in Assembly
texts, such as Resolution
1662 (2009) and Recommendation
1868 (2008) on action to combat gender-based human rights
violations, including abduction of women and girls.
22. Similarly, it is normally used in all European Union documents.
23. The addition of the element “against women” in the convention,
on the contrary, is misleading, as it might be interpreted to mean
that “gender-based violence” and “gender-based violence against
women” are distinct legal concepts.
24. Finally, the current wording of Article 3.d is not logical,
as it says that “‘gender-based violence against women’ … affects
women disproportionally”.
[emphasis added]
Proposed amendment: In Article 3.d, delete the words “against women”.
25. A similar amendment should be moved to Article 14,
paragraph 1, and article 60, paragraph 1.
4.3. Article 4 – Fundamental rights, equality and non-discrimination
26. The convention should make it clear that migrant
women without regular residence status are covered by the convention.
Proposed amendment: In Article 4, paragraph 3, after the words “migrant or refugee status” add the words “, absence of legal residence status”.
4.4. Article 10 – Co-ordinating body
27. Local and regional authorities should be explicitly
mentioned in this article because they play an important role.
Proposed amendment: In Article 10, paragraph 1, after the words “one or more official bodies”, add “involving all decision-making levels (governments, parliaments and local and regional authorities)”.
4.5. Article 11 – Data collection and research
28. Data on violence would be greatly improved if it
was harmonised.
Proposed amendment: In Article 11, paragraph 1.a, after the word “relevant”, add the word “harmonised”.
4.6. Article 12 – General obligations
29. This article refers to “inferiority of women” to
describe the prejudices and patterns of behaviour that the convention
aims to eradicate. Other expressions would be more appropriate,
such as “subordinate position”, which is also used in the Preamble.
Proposed amendment: In Article 12, paragraph 1, replace the word “inferiority” with “subordinate position”.
4.7. Article 13 – Awareness raising
30. Awareness-raising activities should be organised
with a view to spreading information about the convention and underscoring
the centrality of the dignity of women in the convention.
Proposed amendment: In Article 13, paragraph 1, after the words “increase awareness and understanding among the general public of”, insert the words “the dignity and value of women and”.
4.8. Article 14 – Education
31. The expression “gender-based violence against women”
might create confusion, as explained above.
Proposed amendment: InArticle 14, paragraph 1, delete the words “against women”.
4.9. Article 15 – Training of professionals
32. In the current wording too much latitude is left
to the parties, whereas the adequate training of professionals is
essential to ensure justice and assistance in cases of violence
against women and domestic violence. The obligations of the parties
should therefore be reinforced.
Proposed amendment: In Article 15, paragraph 2, replace “encourage” with “ensure”.
4.10. Article 18 – General obligations
33. It should be made explicit that the obligation to
protect victims of violence and domestic violence applies irrespective
of the legal status of the victim. This is to avoid loopholes in
the protection framework foreseen by the convention.
Proposed amendment: In Article 18, paragraph 1, after the word “victims” add “, irrespective of their legal status,”.
4.11. Article 20 – General support services
34. This article should focus more on the responsibility
for the parties to help victims find employment, in order to achieve
economic independence.
Proposed amendment: Reword Article 20, paragraph 1, as follows:“Parties shall take the necessary legislative or other measures to ensure that victims have access to services facilitating their recovery from violence. These measures should include,where appropriate, services such as legal and psychological counselling, financial assistance, housing, education, training and assistance in finding employment or setting up a business. The Parties are encouraged to set up special measures to facilitate the victims’ access to employment”.
4.12. Article 22 – Specialist support services
35. This article should clarify that victims of violence
might have different needs according to the kind of violence they
have suffered, and should be able to benefit from specific support
and assistance.
Proposed amendment: In Article 22, at the end of paragraph 2, add the following words: “taking into account their specific needs”.
4.13. Article 29 – Civil lawsuits and remedies
36. Not only state authorities but also regional and
local authorities have a duty to take necessary preventive or protective
measures and should be accountable for any failure to do so.
Proposed amendment: In Article 29, paragraph 2, replace “state authorities” with “public authorities”.
4.14. Article 34 – Stalking
37. It would be appropriate to describe types of conduct
amounting to stalking.
Proposed amendment: In Article 34, replace the words “repeatedly engaging in threatening conduct directed at” with “following, harassing or threatening”.
4.15. Article 36 – Sexual violence, including rape
38. Marital rape should be criminalised whether the relation
between the victim and the perpetrator is recognised by the law
or not. The current wording is too restrictive.
Proposed amendment: InArticle 36,paragraph 3, delete the words “as recognised by internal law”.
4.16. Article 40 – Sexual harassment
39. This conduct should be criminalised. The option of
making it subject to non-criminal legal sanctions appears inappropriate.
Proposed amendment: In Article 40,delete the words “or other legal”.
4.17. Article 46 – Aggravating circumstances
40. Whether between the victim and the perpetrator there
is a de facto relationship or a relationship recognised by the law
should be irrelevant for the purposes of this provision.
Proposed amendment: In Article 46,paragraph 1.a, delete the words “as recognised by internal law”.
4.18. Article 56 – Measures of protection
41. In the current wording, measures to protect the privacy
and the image may be adopted. It would be preferable to say that
they should be adopted.
Proposed amendment: In Article 56, paragraph 1.f, replace the words “may be” with “are”.
4.19. Article 59 – Residence status
42. The current wording of this article limits migrant
women’s legal possibilities to obtain an autonomous residence permit
compared to former versions of the draft, due to the requirement
of the “particularly difficult circumstances”. This expression is
vague, as it gives states parties an excessive leeway to exclude
a number of migrant women from protection.
Proposed amendment: In Article 59,paragraph 1, delete the words “in the event of particularly difficult circumstances”.
4.20. Addition of a new article on “Irregular migrants”, after Article 59
43. The lack of consideration of the specific situation
of migrant women in an irregular situation is a major lacuna of
the draft convention. This is a matter of serious concern, especially
considering that migrant women are a group at high risk of being
subjected to violence, as described in Assembly Resolution 1697 (2009) on migrant
women at particular risk from domestic violence. Moreover, those
who lack regular immigration status might be particularly reluctant
to report violence to the competent authorities, for fear of being
expelled. Special protective measures are therefore necessary with
a view to encouraging these victims of violence to speak out and
co-operate with the investigation and judicial proceedings.
Proposed amendment: After Article 59, add the following new article:
“Irregular migrant status:
1. Parties shall take the necessary legislative or other measures to ensure that victims without regular residence status are granted a residence permit in the following cases:
a. where the competent authority considers that their stay is necessary owing to their personal situation;
b. where the competent authority considers that their stay is necessary for the purpose of their co-operation with the competent authorities in an investigation or criminal proceedings.
2. Parties shall apply all the provisions of the present Convention to victims without regular residence status, without discrimination.”
4.21. Article 60 – Gender-based asylum claims
44. As already mentioned, the expression “gender-based
violence against women” is misleading. In addition, the current
wording of the draft convention would not be consistent with the
wording used in Assembly Resolution
1765 (2010) and Recommendation
1940 (2010) on gender-related claims for asylum.
Proposed amendment: In Article 60, paragraph 1, delete the words “against women”.
4.22. Article 68 – Procedure
45. The language in paragraph 5 should be brought in
line with that in Article 13, to avoid inconsistencies.
Proposed amendment: Reword Article 68, paragraph 5, as follows: “GREVIO may receive information on the implementation of the Convention from national human rights institutions and equality bodies, civil society and non-governmental organisations, especially women’s organisations.”
4.23. Article 70 – Parliamentary involvement in monitoring
46. The draft convention includes innovative provisions
on monitoring, setting out the involvement of national parliaments
in monitoring the implementation of the convention at national level.
This should apply to the different stages of monitoring and not
only to the final step.
47. In addition, in order to ensure that the Assembly can fully
undertake the role foreseen for it in paragraph 3 (“regularly take
stock of the implementation of this Convention”), it should be allowed
to participate in the meetings of GREVIO as well as of the Committee
of the Parties.
Proposed amendments:
- In Article 70, after paragraph 2, add a new paragraph worded as follows: “Parties shall consult their national parliaments when drafting the comments to be submitted to GREVIO in accordance with Article 68 of the Convention.”
- In Article 70, after paragraph 3,add a new paragraph as follows: “The Parliamentary Assembly shall be entitled to participate in the meetings of GREVIO and the Committee of the Parties as an observer”.
4.24. Article 78 – Reservations
48. During the successive meetings of the Ad Hoc Committee
on Preventing and Combating Violence against Women and Domestic
Violence (CAHVIO), the number of articles potentially subjected
to reservations has progressively increased. In the present draft,
the scope for states parties to enter reservations is too broad, and
leads to a convention “à la carte”, in which states might potentially
opt out from 12% of the articles. This weakens the standards of
protection and prosecution set out in the convention.
49. This is all the more worrying considering that reservations
could be made to important provisions such as those concerning the
victims’ right to compensation, the exercise of jurisdiction, the
statute of limitations, residence status and the obligation to provide
for criminal sanctions for certain acts, as opposed to non- criminal
sanctions.
Proposed amendments:
- In Article 78, rephrase paragraph 2 as follows: “Any state or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declares that it reserves the right not to apply or to apply only in specific cases or conditions the provisions laid down in:
- Article 44, paragraph 1.e;
- Article 55, paragraph 1 in respect of Article 35 regarding minor offences.”
- In Article 78, delete paragraph 3.
5. Conclusions
50. I hope that, first the Assembly and then the Committee
of Ministers will endorse the amendments which I have proposed in
the present opinion, which aim to ensure that the future Council
of Europe Convention is a beacon in the prevention and fight against
gender-based violence.
51. Finally, I hope that the Assembly will stand ready, through
its Network of contact parliamentarians of the Parliamentary Assembly
committed to combating violence against women, to conduct campaigning
and awareness-raising activities in support of the promotion of
the signature and ratification of the draft convention.