Print
See related documents
Resolution 1662 (2009)
Action to combat gender-based human rights violations, including the abduction of women and girls
1. Many countries
in Europe are today facing the problems of forced marriages, female
genital mutilation and other serious human rights violations perpetrated
against women and girls because of their gender. Estimates available
in various countries indicate that thousands of women and girls,
mostly from immigrant communities, are vulnerable to these forms
of violence. While the practices in question are prohibited in Europe,
these women and girls are victimised by the actions of their own
families. They are abducted, illegally confined and, in some cases,
forced to return to their countries of origin and, in the name of
tradition, custom or religion, are forcibly married, circumcised
or enslaved.
2. While it is encouraging to observe the progress made with
regard to women’s rights in some countries of emigration, the fact
that these practices tend to persist in immigrant communities in
Europe, where certain traditions and rituals stemming from their
countries of origin are perpetuated in the name of custom or religion is
a setback. Forced marriages and human rights violations of this
kind can often be an alibi to enable a non-national spouse to enter
the country through family reunification.
3. The Parliamentary Assembly reaffirms that firm action must
be taken to combat any human rights violation committed against
women and girls. No threat to the physical or mental integrity of
a woman or girl can be excused in the name of cultural relativism.
Under existing international instruments, and in particular the
European Convention on Human Rights (ETS No. 5), all Council of
Europe member states have an obligation to act with due diligence
to prevent such violations of human rights and fundamental freedoms.
4. Recalling its Resolution
1468 (2005) on forced marriages and child marriages, its Resolution 1247 (2001) on female genital mutilation and its extensive work
on violence against women and trafficking in human beings, the Assembly
considers that member states have a duty to do everything in their
power to prevent and combat these practices, at both national and
international level. Political determination is essential if these practices
are to be eradicated.
5. The Assembly considers that member states should act both
at national level, developing policies to protect victims, prevent
violations and punish the perpetrators, and at international level,
promoting women’s rights and action against gender-based violence.
At the same time, combating practices contrary to human rights such
as forced marriages, female genital mutilation and any other form
of gender-based violence should become a priority in the countries
of origin, along with promoting women’s rights and gender equality.
6. The Assembly notes that member states have difficulty in protecting
victims or potential victims of practices contrary to human rights,
especially when the victims have dual nationality, because under
the rules of international private law or certain bilateral conventions,
the consular missions of the member states have fewer opportunities
to intervene in such cases.
7. The Assembly therefore calls on member states to do everything
in their power, at national level, to:
7.1. collect statistics on forced marriages and other gender-based
human rights violations, and ensure that the results are analysed
and followed up;
7.2. amend, if they have not already done so, their legislation,
so as to prohibit and penalise, without any difference in treatment,
all forced marriages (in accordance with Parliamentary Assembly Resolution 1468 (2005)), female genital mutilation and any other gender-based
violations of human rights, including those performed in the name
of cultural or religious relativism;
7.3. promote networking among social and political players
with a view to exchanging information, and encourage concerted public
action;
7.4. prosecute abductions, illegal confinements and forced
returns of women or girls when there is a known risk of their being
subjected to practices such as forced marriage or female genital
mutilation, which are contrary to human rights and Council of Europe
values;
7.5. implement preventive measures, which might include:
7.5.1. awareness-raising and training
programmes for women and girls and their family circles on respect
for fundamental rights, the promotion of equality between women
and men and the fight against practices contrary to human rights,
particularly where these are based on gender;
7.5.2. provision of information about laws and best practices,
made available in the languages of the communities concerned, highlighting
the risks incurred by offenders and the protection arrangements
that exist;
7.5.3. provision of information targeted at girls and women from
the communities concerned, including those undergoing full-time
education at school or university, about the protection arrangements
available in the host country;
7.5.4. support for non-governmental organisations with a view
to informing immigrant communities about any improvements in the
law with regard to women’s rights that might have occurred in the
countries of origin and any changes in attitudes;
7.6. make arrangements to assist victims, particularly by increasing
the number of women's refuges, so as to ensure their protection
(shelters, helplines) and their social and occupational reintegration
after their return to their home country;
7.7. set up awareness-raising and training programmes on gender-related
violence for police forces (including border police), court staff,
the civil and criminal judiciary, and employees of health systems;
7.8. introduce an early-warning system which would enable relatives
of victims or potential victims of gender-based violence to alert
the authorities in the country of residence (and, where appropriate,
its consular missions) to abductions, illegal confinements and any
forced or arbitrary return of these victims to their countries of
origin, so that an official investigation can be launched and would,
where possible, provide for victim protection measures, such as
issuing an order prohibiting them from leaving the country;
7.9. introduce legal measures which make it simpler to prosecute
perpetrators of the criminal offence of domestic violence against
women.
8. The Assembly further invites the member states, in their international
relations, to:
8.1. increase awareness
of the consular staff, through training and practical guides, of
gender equality issues in the countries of origin, of the existing
statutory arrangements concerning women’s rights and their application,
and of the serious risks facing women and girls who, in the name
of practices contrary to human rights, are forcibly or arbitrarily
returned to their countries of origin;
8.2. develop, for consular staff in particular, clear response
protocols, setting out the procedures for locating and identifying
victims, for facilitating their access to the consulate of the country
where they are habitually resident and for facilitating their return
and reintegration;
8.3. develop co-operation procedures with the national and
local authorities in the countries of origin encouraging them to
intercede with the families concerned so as to prevent or stop human
rights violations and, where appropriate, impose the penalties prescribed
by law;
8.4. introduce co-operation programmes with non-governmental
organisations in the countries of origin in order to enable victims
to be located and identified and to facilitate the establishment
of contacts with the victim’s family;
8.5. speed up the granting of a return visa to any woman or
girl who is the victim of a violation of human rights, particularly
when her original residence permit has expired;
8.6. step up co-operation with the authorities of the countries
of origin and, through training programmes and financial assistance
for example, encourage them to:
8.6.1. amend
their legislation, if they have not yet done so, to prohibit any
ritual or customary practices contrary to human rights in accordance
with international legal instruments, particularly the United Nations
Declaration on the Elimination of Violence against Women and the Convention
on the Elimination of All Forms of Discrimination against Women;
8.6.2. enact laws to give women more independence, improve gender
equality and combat violence against women;
8.6.3. pursue vigorous policies to raise awareness of this legislation
and ensure its effective application, both in urban and rural areas;
8.7. support non-governmental organisations in host countries
and countries of origin, which play a vital role in prevention and
assistance in this area and can act as a bridge between immigrant communities
and their countries of origin.