1. Introduction
1. According to the statistics available, one woman
in every four or five in Europe has been subjected to physical violence
at least once in her lifetime. Some 12 to 16% of women have experienced
domestic violence since reaching the age of 16.
Across the continent
of Europe as a whole, this violation of human rights may be assumed
to affect almost 80 million women. Faced with the extent and seriousness
of this problem, the heads of state and government of Council of
Europe member states, in response to the requests made by the Parliamentary
Assembly in 2002 and 2004,
included
in the Action Plan adopted at the 3rd Summit (in Warsaw) a pan-European
campaign to combat violence against women, including domestic violence.
The campaign was launched on 27 November 2006 at the Spanish Senate,
and was officially closed on 11 June 2008 in Strasbourg at Council
of Europe headquarters.
2. From June 2006 to June 2008, in accordance with
Resolution 1512 (2006),
the Parliamentary Assembly implemented the parliamentary dimension
of the Council of Europe Campaign to Combat Violence against Women,
including Domestic Violence. In October 2007, I was asked to write
a report assessing the campaign at the halfway stage,
and
in this report the Parliamentary Assembly identified seven key legislative
measures that the national parliaments of member states were invited
to adopt and/or supervise.
3. The Committee on Equal Opportunities for Women and Men has
instructed me to write the final report assessing the parliamentary
dimension of the Council of Europe campaign. I shall endeavour to
demonstrate to what extent this campaign contributed to mobilise
and involve national parliaments and helped to bring about changes
in the legislation of several member states. As pointed out by Mrs Sabuni,
Sweden’s Minister for Integration and Equal Opportunities, speaking
on behalf of the Swedish chairmanship of the Committee of Ministers,
the closing conference
of the campaign marked “the end of the beginning” of Council of
Europe action to combat violence against women, including domestic
violence. I should also like to go on to highlight future activities
that could be undertaken by the Parliamentary Assembly and national
parliaments in this field.
2. “Parliaments united in combating violence
against women”: assessment of an unprecedented experiment by the
PACE
2.1. Networking among parliaments
4. The implementation of the parliamentary dimension
of the campaign was based on networking among member states’ national
parliaments and the parliaments that hold observer status with the
PACE. By appointing 56 contact parliamentarians, the parliaments
involved in the campaign gave an indication of their commitment
to eradicate domestic violence. Within their parliaments and in
their constituencies, MPs did a great deal of work to break the
silence. Many awareness-raising activities were carried out.
The
Inter-Parliamentary Union, European Parliament and Nordic Council
played a full part in the conduct of the campaign. The contact parliamentarians
were in regular contact (co-ordination meetings of 19 October 2006 and
4 and 5 June 2007, and final conference on 30 April 2008) to exchange
their experiences. This networking was backed up by the setting
up of six regional groups,
which
met in autumn 2007 in Strasbourg, Helsinki, Vienna, Sofia and Paris.
5. At the instigation of the Parliamentary Assembly, pan-European
activities were taken up in national parliaments: adoption of a
solemn declaration against domestic violence on the occasion of
25 November 2006, holding of parliamentary hearings to mark International
Women’s Day (8 March 2007) and launch in the context of 25 November
2007 of an initiative to get men involved in combating violence
against women.
2.2. Involvement of parliaments and interplay with
the work of the PACE and the Council of Europe
6. An active role for parliaments in implementing the
parliamentary dimension of the campaign was facilitated through
the making available of PACE communication tools distributed by
the national parliaments: the “Handbook for parliamentarians”, a
practical guide to promotion of the fight against domestic violence,
is now available in 11 languages, thanks to the support provided
by several national parliaments. A visual identity and promotional
material (posters, leaflets, white ribbons) were offered to contact
parliamentarians, who were able to adapt these to their national
language.
7. It should be noted that, thanks to the four part-sessions
held each year in Strasbourg, the PACE was able to provide the link
between the activity of contact parliamentarians and national PACE
delegations, which were kept regularly informed of the activities
in progress, especially via a website and through six newsletters published
between January 2007 and April 2008.
The
chairs of national delegations helped to get MPs actively involved
and to convey the Council of Europe’s message to their own parliaments.
By mobilising resources, by unfailingly
offering political support to the Council of Europe campaign,
and through the positions
adopted by its presidents, firstly René van der Linden, and subsequently
Lluís Maria de Puig, the Parliamentary Assembly showed its strong
condemnation of violence against women, a subject to which it has
given priority since 2006.
8. In order to implement the parliamentary dimension of the campaign,
the PACE wished to develop co-operation between national parliaments,
governments and elected local and regional representatives. In this context,
the meeting between contact parliamentarians and governments’ focal
points on 5 June 2007 emphasised the need to increase co-operation
between the various national players in order to ensure that effective
measures are adopted and implemented in every member state. The
PACE also wished to involve in its work non-governmental organisations,
which perform the vital functions of identifying and assisting victims and
setting up prevention programmes. Productive co-operation was developed
by both the PACE and national parliaments with Amnesty International,
the White Ribbon Campaign (United Kingdom), the WAVE (Women against
Violence Europe) Network, the Gender Equality Grouping of INGOs
holding participatory status with the Council of Europe and the
European Women’s Lobby.
2.3. Promotion of minimum legislative standards in
all Council of Europe member states
9. In order to combat domestic violence against women,
a firm political will is needed by all policy makers, as well as
numerous awareness-raising activities to change attitudes and mentalities.
But unless legal rules are adopted, this effort will be in vain.
The adoption of laws – and supervision of their implementation –
is central to the work of parliaments. Recommendation Rec(2002)5
on the protection of women against violence, addressed by the Committee
of Ministers of the Council of Europe to member states, provides
an excellent basis for defining rules and standards. The Parliamentary
Assembly, in line with the report that I presented on 5 October
2007, has identified seven key legislative measures regarded as
minimum standards,
and priority should
be given to adopting and/or supervising these:
“6.6.1. making domestic violence against women, including
marital rape, a criminal offence;
6.6.2. regarding violence perpetrated
between (former) partners as an aggravating circumstance;
6.6.3. setting up sufficient
numbers of safe emergency shelters;
6.6.4. making provision to
remove violent spouses or partners and take out protection orders
against perpetrators;
6.6.5. guaranteeing effective
access to the courts and to protection measures for victims;
6.6.6. allocating sufficient
budgetary resources for the implementation of the law;
6.6.7. monitoring the application
of laws on violence against women passed by parliament;”.
10. All national parliaments were asked to complete a questionnaire,
and the replies from 39 member states’ parliaments and Canada were
presented at the final conference in Vienna.
Without
going into detail about the findings of this survey, some trends
can be identified from the replies received:
- domestic violence against women is classified as a criminal
offence in two thirds of member states. Several member states do
not treat “marital rape” as a separate criminal offence;
- the removal of the violent spouse is a measure for which
two thirds of the states provide, and this is a positive development
demonstrating a growing awareness in Europe of the fact that it
is for the perpetrator of domestic violence to leave the conjugal
home or to keep away from the victim;
- the fact that violence has occurred between partners is
an aggravating circumstance in less than half of the states;
- there are inadequate numbers of safe places in shelters
(only 17% of national delegations believed that their country had
one place available per 7 500 members of the population);
- many delegations found it difficult to evaluate the amounts
assigned to combating violence against women. Often thinly spread
out, the funds allocated to combating violence against women are
not easily identifiable in the national budget;
- finally, over half of the delegations said that their
parliament did not have a body tasked with monitoring implementation
of the law against domestic violence, although this is a fundamental
power of parliamentary institutions.
11. It emerges from this study that no European state has adopted
all seven key measures identified by the PACE.
However,
the information collected since 2006 indicates that the Council
of Europe campaign provided the impetus that encouraged MPs to raise
questions in their own parliaments (Liechtenstein, Sweden), or to
initiate legislative procedures as yet incomplete (Lithuania), under
examination (Azerbaijan, Armenia) or culminating in the adoption
of legislation (Monaco, Slovenia). While these developments are welcome,
the findings remind us that, at this point in time, the minimum
standards are a long way from being met. The conclusion that must
be drawn is that action must be taken quickly, and must continue.
3. Looking ahead to future parliamentary activities
12. All the players involved in the implementation of
the Council of Europe campaign agreed that the end of the campaign
must not mean the end of the effort to fight violence against women.
The same opinion was expressed by the participants in the final
conference on the parliamentary dimension of the campaign, held
in Vienna on 30 April 2008 at the invitation of the Austrian Parliament.
I
shall therefore suggest three lines of work.
13. Networking among national parliaments has been a powerful
means of fostering exchanges of information and experience between
parliaments and of working at sub-regional level, with six regional
groups being set up, led by co-ordinators appointed by the contact
parliamentarians. As emphasised in Vienna by PACE President Lluís
Maria de Puig, the active involvement of all national parliaments
through networking constituted a unique and exemplary way of working,
and was certainly one of the values added by this campaign to the
collective efforts of European and international institutions. The
Council of Europe was effectively in a position to ask all the national
parliaments to serve as relay stations in a campaign endeavouring to
promote human rights. I should also like to suggest that this experience
be taken further in the Parliamentary Assembly, which must continue
to be the driving force in Europe urging national parliaments into
action on this issue.
14. Secondly, the parliamentary dimension of the campaign enabled
new issues to be raised that it was not possible to deal with:
- almost 80% of the members of
parliament in Europe are men. Men’s involvement in combating violence against
women, which was the subject of a specific PACE activity, is worth
continuing. Several countries have begun to set up networks of male
MPs, modelled on the Swedish Parliament’s network, which has been
operating since 2002. In this context, I am pleased that Mr Steingrímur
J. Sigfússon (Iceland, UEL), Chairperson of the Committee on Equal
Opportunities for Women and Men, is currently writing a report on
“Involving men to achieve gender equality”, which will enable the
work done by the PACE during the campaign to be taken further and
expanded;
- the cost of domestic violence is another crucial factor.
Some studies have already been published, assessing the costs associated
with domestic violence, whether
in terms of health services, the justice system or policing. It
is, however, also necessary to take account of the – financial and
human – costs that arise indirectly for families and national economies;
- the investment of budgetary resources in combating violence
against women and the promotion of gender equality must become priorities
that must be taken into account when national budgets are drawn up,
through gender budgeting. This presupposes the ability to identify
clearly the resources allocated, and to identify the aims pursued.
In this context, I applaud the efforts made by the Scandinavian
and Baltic states, at the initiative of Mrs Hägg, regional co-ordinator,
to identify the funds assigned to combating violence against women;
- the situation of migrant women who face domestic violence,
and their access to protection arrangements, need to be better grasped
in Council of Europe member states. Co-operation with the Council
of Europe’s North-South Centre in Lisbon would be particularly helpful
in involving the countries of origin in discussions on this matter.
I am pleased that our colleague Mrs Nursuna Memecan (Turkey, ALDE)
has tabled a motion for a recommendation on this subject;
- certain legal concepts, such as stalking and feminicide
could also be investigated.
15. Finally, the setting up of co-operation and assistance programmes, inter alia, at parliamentary level, might
be an excellent means of helping national parliaments to bolster
their legislation, draw up parliamentary strategies for amending
legislation and subsequently supervise this, and promote exchanges
of good practice. It is in my view important for countries that
have advanced legislation (such as Spain, Austria, Finland and the Netherlands)
to be able to support the efforts of less advanced countries. The
Council of Europe should include the combating of domestic violence
against women and other gender-based forms of violence in its co-operation
and assistance programmes (including parliamentary programmes) and
seek extra budgetary funds to finance these activities.
4. Promoting the drafting of a framework convention
on the severest and most widespread forms of violence against women
16. The Committee on Equal Opportunities for Women and
Men considers that it is no longer sufficient to address a recommendation
to member states to guarantee that women enjoy protection against
domestic violence. Following the exchanges of views that the committee
had in April 2008 with the Commissioner for Human Rights, Thomas
Hammarberg, the Deputy Secretary General, Maud de Boer-Buquicchio,
and representatives of nongovernmental organisations, the committee
now feels certain that a legal instrument in this field has become
necessary in order to ensure that victims are protected, perpetrators
of violence are punished and violence against women is prevented.
17. While a consensus seems to be emerging on the need for a legal
instrument to encompass the “three Ps” (protection of victims, punishment
of offenders, prevention), views differ on the scope that such a convention
should have. It should be borne in mind that the Ministers of Justice,
at their 27th conference (Yerevan, 12-13 October 2006), invited
the Committee of Ministers to ask the European Committee on Crime Problems
(CDPC) to report back to it on the “need for the Council of Europe
to carry out work in this field, possibly in the form of an international
normative instrument to combat domestic violence,
in particular violence against the partner”.
The Council of Europe Task Force to Combat
Violence against Women, including Domestic Violence, recommends
preparation of “a legally binding human rights instrument in this
field”, which should encompass “
all forms
of gender-based violence perpetrated against women throughout their
lifetime, and should therefore include girls”
(the emphases
in italics are my own). At the closing conference of the campaign
(Strasbourg, 10 June 2008), Nyamko Sabuni, Swedish Minister for
Integration and Equal Opportunities, said that “a convention on
combating violence against women, including violence in the name of
honour”, would be “an important contribution” to the efforts to
make rights effective.
18. Following the declaration adopted by participants at the end
of the final conference of the parliamentary dimension of the campaign
(Vienna, 30 April 2008), the Committee on Equal Opportunities for
Women and Men takes the view that an international treaty in this
field should encompass the gender dimension. The gender dimension
of the violence inflicted on women was constantly highlighted throughout
this campaign, for a very great majority of the victims of violence
are women, a very great majority of the perpetrators are men, and domestic
violence against women stems from an unequal relationship between
women and men in societies still permeated by patriarchal attitudes.
The committee considers it particularly important to ensure that
the convention will be the subject of regular supervision through
an independent monitoring system. It therefore suggests that the
convention, in order to remain an effective legal instrument, focus
on the severest and most widespread forms of violence against women,
in particular domestic violence against women (partners or former
partners, cohabiting or not), sexual assaults (including rape and
“marital rape”) and harassment, forced marriages, so-called “honour
crimes” and female genital mutilation. The convention should at
least guarantee application of the seven key measures identified
by the Assembly to combat domestic violence against women.
19. Finally, the committee is in favour of the drawing up of a
framework convention. The studies carried out by the Council of
Europe and the PACE show that Council of Europe member states have
legislation at varying stages of development, in a variety of legal
systems. While it is essential to adopt a convention, by which is meant
an instrument that is legally binding under international law, the
drafting of a framework convention (modelled on the Framework Convention
for the Protection of National Minorities, ETS No. 157)
would
make possible the inclusion of guidelines and provisions defining
objectives that the contracting parties would undertake to pursue
through national legislation and appropriate governmental action.
20. In line with the suggestion put forward by the Council of
Europe Task Force to Combat Violence against Women, including Domestic
Violence, the rapporteur supports the proposal to appoint a Council
of Europe special rapporteur on women’s rights, as the PACE requested
in its
Recommendation
1838 (2008) on empowering women in a modern multicultural
society. Under the authority of the Council of Europe Commissioner
for Human Rights, the special rapporteur would be responsible for
monitoring the progress of women’s rights in fields including that
of action to combat violence against women.
5. Conclusions
21. The Parliamentary Assembly should take the view that,
because of the extent of domestic violence against women in all
member states, there is an urgent need to take action and to continue
to combat domestic violence against women. The Council of Europe’s
Stop Domestic Violence against Women campaign was based on the three
political dimensions of the Council of Europe (parliamentary, governmental,
and local and regional), involved NGOs, and was targeted at the
general public. It helped to raise awareness of the problem and
to make it clear that violence against women, particularly domestic
violence, is an unacceptable violation of human rights.
22. The Assembly emphasises the fact that the campaign made it
possible to acquire a particularly rich fund of information and
experience, which deserves to be put to good use.
23. The Assembly could propose that each national delegation to
the PACE appoint a contact parliamentarian to be responsible for
following legislative developments relating to the combating of
violence against women in his or her own country and for making
regular reports to the PACE.
24. The Parliamentary Assembly should continue and strengthen
its co-operation with the Inter-Parliamentary Union, European Parliament
and Nordic Council, especially in the context of the United Nations Secretary-General’s
campaign to end violence against women (2008-15).
25. The Parliamentary Assembly should invite the Committee of
Ministers to draw up a framework convention on severe forms of violence
against women, which should:
- encompass
the gender dimension and address the specific nature of gender-based
violence;
- cover the severest and most widespread forms of violence
against women, in particular domestic violence against women (partners
or former partners, cohabiting or not), sexual assaults (including
rape and “marital rape”) and harassment, forced marriages, so-called
“honour crimes” and female genital mutilation.
26. The Parliamentary Assembly should invite the Council of Europe
to include the combating of the severest and most widespread forms
of violence against women in its co-operation and assistance programmes
(including parliamentary programmes) and to seek extra budgetary
funds to finance these activities.
Reporting committee: Committee on Equal Opportunities for
Women and Men.
Reference to committee: Doc. 11504 and
Reference No. 3418 of 14 April 2008.
Draft resolution and draft recommendation unanimously adopted
by the committee on 12 September 2008.
Members of the committee: Mr Steingrímur J. Sigfússon (Chairperson), Mr José Mendes Bota (1st Vice-Chairperson),
Mrs Ingrida Circene (2nd
Vice-Chairperson), Mrs Anna Čurdová (3rd
Vice-Chairperson), Mr Frank Aaen, Mr John Austin, Mr Lokman Ayva,
Ms Marieluise Beck, Mrs Anna Benaki, Mrs Oksana Bilozir, Ms María Delia Blanco
Terán, Mrs Olena Bondarenko,
Mr Predrag Bošcović, Mr Jean-Guy Branger,
Mr Igor Chernyshenko (alternate: Ms Svetlana Khorkina),
Mr James Clappison, Mrs Minodora
Cliveti (alternate: Ms Monalisa Găleteanu),
Ms Diana Çuli, Mr Ivica Dačić, Mr Joseph Debono Grech, Mr Marcello
Dell’Utri, Mr José Luiz Del Roio, Mrs Lydie Err, Mrs Catherine Fautrier,
Mrs Mirjana Ferić-Vac, Ms Sonia Fertuzinhos, Mrs Alena Gajdůšková,
Mrs Ruth Genner (alternate: Mr Andreas Gross),
Mrs Claude Greff, Mr Attila
Gruber, Mrs Carina Hägg,
Mr Ilie Ilaşcu, Mrs Fatme Ilyaz, Ms Nataša Jovanović, Mrs Birgen Keleş, Mrs Krista Kiuru, Mrs Irine
Kurdadzé, Mrs Angela Leahu, Mr Terry Leyden,
Mrs Mirjana Malić, Mrs Nursuna Memecan, Mrs Dangutė
Mikutienė, Mrs Ilinka Mitreva, Mr Burkhardt Müller-Sönksen, Mrs Christine
Muttonen, Mrs Hermine Naghdalyan, Mrs Yuliya Novikova,
Mr Mark Oaten, Mr Kent Olsson, Mr Jaroslav Paška, Mrs Maria Agostina
Pellegatta, Mrs Antigoni Papadopoulos, Mr Claudio Podeschi, Mrs Majda
Potrata, Ms Maria del Carmen Quintanilla
Barba, Mr Frédéric Reiss, Mrs Mailis Reps, Ms Maria Pilar Riba Font, Ms Jadwiga Rotnicka,
Mrs Marlene Rupprecht, Mrs Klára Sándor,
Mr Giannicola Sinisi, Ms Miet Smet, Mrs Darinka Stantcheva, Mrs Tineke Strik, Mr Michał
Stuligrosz, Mrs Doris Stump,
Mr Han Ten Broeke, Mr Vasile Ioan Dănuţ Ungureanu,
Mrs Tatiana Volozhinskaya,
Mr Marek Wikiński, Mr Paul
Wille, Mrs Betty Williams (alternate: Baroness Gale), Mr Gert Winkelmeier, Ms Karin
S. Woldseth, Mrs Gisela Wurm, Mr Vladimir Zhidkikh, Mrs Anna Rodoula Zissi.
NB. The names of those members present at the meeting are
printed in bold.
See 36th Sitting, 3 October 2008 (adoption of the draft recommendation,
as amended, and draft resolution); and Recommendation 1847 and Resolution 1635.