[Documents/Docheader.htm]Campaign to combat domestic violence against women in Europe
Doc. 10273
16 September 2004Report
Committee on Equal Opportunities for Women and Men
Rapporteur: Mr Jean-Guy Branger, France, Group of the European People’s Party
Summary
The extent and escalation of domestic violence against women, a problem which extends to all Council of Europe member states, should serve as a call for action to parliaments, governments and international organisations alike.
War must be waged on domestic violence, which must no longer be regarded as a private matter but as a political and public problem which should be dealt with as such.
The Parliamentary Assembly should therefore recommend that the Committee of Ministers deal with the issue of domestic violence at the Third Council of Europe Summit and undertake to conduct a pan-European campaign against domestic violence in 2006, in co-operation with European and national players such as the European Commission, the European Parliament, associations and NGOs.
The Parliamentary Assembly, national parliaments and governments should take the necessary measures to contribute to the success of such a pan-European campaign.
I. Draft recommendation [Link to the adopted text]
1. The Parliamentary Assembly is extremely concerned about the extent and escalation of domestic violence against women and notes that this serious problem extends to all Council of Europe member states.
2. The acute nature of this problem must force Council of Europe member states to regard domestic violence as a national political priority and to deal with it in a broader political framework, with government, parliament and civil society involvement.
3. In Recommendation 1582 (2002) on domestic violence against women, the Assembly proposed various measures to combat such violence. It advocated that acts of domestic violence be made a criminal offence, that victims be afforded better judicial, psychological and financial protection and that a European year against domestic violence be held to ensure that such violence is no longer a taboo subject.
4. The Assembly notes that, when states conduct national awareness-raising campaigns and adopt appropriate legislative, judicial and financial measures, progress is achieved in the fight against domestic violence, for victims are better informed of their rights and members of the public are more aware of the seriousness of the problem. Hence it can but regret the failure of the Committee of Ministers, in its reply to Recommendation 1582 (2002), to take action on the call for a European campaign to be launched against domestic violence.
5. It remains convinced that the running of a pan-European campaign against domestic violence will encourage member states to take the urgent measures which are needed. Such a campaign, which could be conducted in close co-operation with the European Commission, the European Parliament and NGOs, should centre on three main lines: prevention, assistance for victims and the provision of information to the public.
6. The Assembly welcomes the various current initiatives in several national parliaments and already declares its willingness to take the necessary measures to contribute to their success. It also resolves to engage itself in the organisation and implementation of a pan-European campaign against domestic violence in 2006.
7. The Assembly therefore recommends that the Committee of Ministers:
i. deal with the issue of domestic violence at the Third Council of Europe Summit;
ii. undertake to conduct a pan-European campaign against domestic violence in 2006, in co-operation with European and national players such as the European Commission, the European Parliament, associations and NGOs;
iii. set up at the Council of Europe an ad hoc group having the task of:
a. defining and harmonising the various parameters for this pan-European campaign;
b. setting up follow-up machinery to evaluate states' progress;
c. establishing instruments for quantifying developments in domestic violence at pan-European level;
d. drawing up proposals for action for each member state so that they, at national level:
A. run a national awareness-raising campaign at the level of ministries and the general public, in close co-operation with national parliaments, local players, associations and NGOs;
B. step up protection and victim assistance measures, inter alia offering victims emergency assistance in the legal, psychological and financial spheres and providing appropriate training to the police and members of the justice system;
C. adopt criminal penalties for the perpetrators of acts of domestic violence, including marital rape, and provide for psychological support to prevent reoffending;
D. draw on the good practice of other member states, such as Austria, where the federal law of 1997 inter alia allows the police to prohibit the perpetrator of an act of violence from entering the family home and automatically provides protection and support for victims;
E. develop instruments for measuring, in quantitative and qualitative terms, developments in such violence.
II. Explanatory memorandum by the Rapporteur, Mr Jean-Guy Branger
A. Introduction
1. Domestic violence against women is on the rise again and occurs in every single Council of Europe member state. It knows no geographical boundaries, has no age limit, is not the preserve of any particular race, and occurs in every kind of family relationship and in every sort of social milieu. Domestic violence is characterised by violent conduct in various forms, physical, sexual or psychological, or it may be based on financial dependence.
2. Domestic violence is carried out by one partner against the other, but may at times also affect other members of the family. It is in fact undeniable that other cases of violence may exist within the conjugal home. Parents may commit acts of violence against their children; conversely, their children may traumatise, or even act violently against, their own parents or the elderly people living within the family unit. This form of violence, however, is outside the scope of this report, for its social and psychological roots are not the same. Similarly, some men are treated violently by their wife or partner, but only in an extremely small number of cases, although it is a problem which deserves to be mentioned. The aim of this report will therefore be to deal specifically with the issue of violence inflicted on women by men in the conjugal home.
3. Violence against women is perpetrated for many reasons connected with discriminatory cultural policies or practices which deny gender equality, or which tolerate this form of violence. Perpetrated within the privacy of the family unit, such violence remains a taboo subject, for its victims frequently experience shame, do not know what to do, and attempt in spite of everything to keep the couple or their family together, particularly if children are involved. Domestic violence is an expression of failure, of an inability to achieve respect for the values of women’s integrity, equality and dignity.
4. Domestic violence is one of the most widespread violations of human rights in the world. The Declaration on the Elimination of Violence against Women, adopted by the UN General Assembly in 1993, states that violence against women is a violation of the rights and fundamental freedoms of women, and that it is governments' responsibility to guarantee the protection of women's rights and freedoms.
5. In September 2002, the Assembly adopted Recommendation 1582 (2002) on domestic violence against women (see appendix). Unfortunately, in its reply of 28 May 2003 the Committee of Ministers rejected the Assembly’s proposal to hold a European year against domestic violence, declaring itself satisfied with the activities undertaken in the framework of the integrated project “Responses to violence in everyday life in a democratic society”, even though the Steering Committee for Equality between Women and Men (CDEG) had expressly welcomed such a step.
B. The extent and escalation of domestic violence
6. The latest domestic violence figures reflect the seriousness of the situation and should encourage governments to take the urgent measures which are needed. Over a quarter of the violent incidents reported in Europe are a matter of assault by a man on his wife or companion[1]. One in seven women has been forced to have sex or been raped, and the proportion is as high as one in three among separated or divorced women[2].
7. In the 15 states which were members of the European Union prior to enlargement, one in every five women has been a victim of her companion's violence, with these acts being committed within the conjugal home in 95% of cases[3]. Each year over 600 women are killed in this way, subjected to their spouse's brutality within the family circle[4].
i. In France, six women a month die as a result of domestic violence[5].
ii. In Spain, murders are committed against women at a rate of one every four days. In 2003, more than 73 women were killed by their husbands (three-quarters of whom had never made any official complaint), a figure 34% higher than that for 2002. Over 11% of women aged over 18 have been victims of domestic violence, a total of 2 million[6].
iii. In the United Kingdom, the latest statistics reveal that 26% of women have been victims of conjugal violence[7], and that two women a week are killed by either their partner or their former partner[8].
iv. In Ireland, over half of the women murdered are killed by their companion or husband[9].
v. In Finland, 27 women a year on average die as a result of violence inflicted by their partner[10].
vi. In Austria, violence against women is the reason cited for half of all applications for divorce[11].
vii. In the Netherlands, a fifth of women have been subjected to physical violence by a companion or former companion[12].
viii. In Portugal, 52.8% of women claim to have been subjected to violence by their husband or partner[13].
ix. In Germany, women are murdered by the men with whom they are living at a rate of three every four days, so the total is almost 300 a year[14].
x. In Hungary, 10% of women state that they have been raped in a violent domestic situation[15].
xi. 38% of women in the Czech Republic say that they have been subjected to conjugal violence[16].
8. The other countries of Europe also face this problem, and the statistics reflect the seriousness of the situation.
i. In the Russian Federation, 36,000 women a day are beaten by their husbands or companions, and domestic violence leads to one murder of a woman every 40 minutes[17]. It is in their home, and with men known to them, that the risk of male violence against women is greatest.
ii. 42.4% of women in Lithuania say that they have been subjected to physical or sexual violence by their partner. Only 10% of the victims have reported the most serious incident to the police[18].
iii. A recent survey in Turkey found that 32% of women had suffered domestic violence[19].
9. Romania seems to be one of the European countries with the most serious problem in terms of domestic violence against women. An annual average of 12.62 per million Romanian women are killed by their male partners. Other countries, however, are also in a worrying situation: 6.58 per million Norwegian women are killed in the home, compared to 5.56 per million in Luxembourg, while the figure for Denmark is 5.42, Sweden’s rate is 4.59, followed at the bottom of the scale by Italy and Ireland[20]. These appalling figures show how urgently action is needed.
C. Previous awareness-raising campaigns against domestic violence
10. Several awareness-raising campaigns have been, or are now being, carried out by European institutions or non-governmental organisations. Different programmes have also been drawn up in support of these events.
11. The European Union has several times affirmed its commitment to combating violence against women. The Portuguese Presidency of the Council of the European Union, in particular, asked the European Commission and member states, in May 2000, to "make the solemn commitment to combat all forms of violence against women, through the adoption of legal, administrative and other provisions (…)"[21].
12. The European Commission has run a Community action programme known as DAPHNE I (2002-2003) and begun another called DAPHNE II (2004-2008). This relates to preventive measures intended to forestall violence against children, young people and women, the aim being to define and stimulate good practice by encouraging innovation and exchanges of information and experience relating to member states' activities, particularly in the sphere of legislation, penalties and results. It also provides financial and logistical support through its calls for proposals. Among the objectives are the promotion of the setting up of national observatories to prepare national reports on violence against women and the provision of support for projects enabling data to be collected.
13. The European Women's Lobby has set up national observatories in Ireland, France, Denmark and Greece. The ultimate aim is to set up one such observatory in each member state, making possible national and multidisciplinary coordination of activities, and providing a "critical voice" addressed to governments[22]. In 1997, the European Women's Lobby set up a European Observatory as well, also referred to as a “think tank”, representing 18 EU member states. This is a permanent structure made up of national experts, who are able to exchange information and good practice and carry out joint projects.
14. The European Parliament started a "Zero Tolerance" campaign in 1997 directed at violence against women. This campaign, which was interlinked with the designation of 1999 as "European Year against Violence against Women", proved highly effective and both raised public awareness and encouraged European states to take appropriate measures. Nevertheless, this campaign was not directed against the very specific problem of domestic violence as such, a problem which remains a taboo subject in many countries of Europe.
15. Amnesty International recently began a campaign to stop violence against women which draws on the expertise of its 74 sections worldwide. The campaign, planned to last for six years, and with an open hand as its logo, is based on the principle of equal rights between the sexes and includes awareness-raising. As part of the campaign, Amnesty International seeks to help men identify and understand their responsibilities, so as to speak out against and eradicate domestic violence. It is intended to issue standardised reports on actual cases of violence against women, relating the atrocities committed within the family unit, to show the - often inadequate - responses of the various authorities, and to mobilise AI members to ensure that such acts of violence do not go unpunished.
D. Organisation of a pan-European campaign under the auspices of the Council of Europe
16. The running of a pan-European campaign against domestic violence, under the auspices of the Council of Europe, will encourage member states to adopt national plans and to take the urgent measures which are needed, while making better coordination possible, as well as follow-up and results evaluation. Such a campaign, which could be conducted in close co-operation with the European Commission, the European Parliament and NGOs, will foster both greater public awareness and concerted action at pan-European level.
17. The issue of domestic violence should be dealt with at the Third Summit of Heads of State and Government of the Council of Europe, so as to encourage European governments to tackle this problem as a matter of political priority both nationally and internationally. It is of the utmost importance to condemn domestic violence at the highest policy-making level.
18. The Council of Europe must support its member states in their implementation of national awareness-raising campaigns, and must undertake to organise and run a European campaign against domestic violence in 2006. In this context, it should be pointed out that the European Parliament of 2000-2004 was discussing the idea of declaring 2006 "Year against Violence against Women". Were this proposal to be confirmed by the new European Parliament, joint action could be confirmed at that stage.
19. The Council of Europe should also set up an ad hoc group to define and harmonise the various parameters for this pan-European campaign, to set up follow-up machinery to evaluate the progress made by states and to draw up proposals for action by member states in terms of the preparation and implementation of national plans. It will also be responsible for establishing instruments by which developments in this violence may be quantified on a pan-European scale.
20. This ad hoc group will thus be able to identify Council of Europe member states' main commitments in respect of domestic violence and to evaluate on the basis of specific indicators the progress made in implementing the national action plan. These indicators can be used to gauge the percentage of the specific measures and policies laid down in the national plans being applied, and will make it possible to observe how these policies meet the needs of the victims of domestic violence. The group will have to co-operate closely with the non-governmental organisations which have, in a good number of countries, begun to lead the way in the fight against domestic violence and the provision of assistance to victims.
21. The ad hoc group could be the starting point for the creation under the auspices of the Council of Europe of a pan-European network of "national observatories" of domestic violence, adding to the value and influence of existing NGO initiatives.
E. National action plans against domestic violence
National interministerial action plans
22. The results show that when states prepare and implement awareness-raising campaigns and adopt appropriate legislative, judicial and financial measures, significant progress is made in the fight against domestic violence. Victims are better informed of their rights, and members of the public are more aware of the seriousness of the problem.
23. Domestic violence needs to be examined and dealt with in an interministerial framework, but through a multidisciplinary, partnership-based approach. Parliaments and civil society must be involved in the devising and implementation of the campaign.
24. Each country should adopt a national action plan against domestic violence, both including a set of practical measures to be taken and setting deadlines for the achievement of the various objectives of the plan.
25. In Recommendation 1582 (2002), the Assembly has already detailed the specific measures which member states should take to combat domestic violence more effectively. For example, it recommended that member states regard domestic violence, as well as marital rape, as a criminal offence, and that they therefore adopt the necessary criminal penalties and make provision for a psychological follow-up programme for violent offenders, in order to prevent them from reoffending. Drawing on the good practice of other states, it was stated that governments should make provision for protective machinery and for emergency assistance to victims, particularly in the legal, psychological and financial spheres, and make use of appropriate training modules for members of the police force, justice system and social agencies, so as to offer victims the best support and advice. This recommendation encouraged governments to provide financial and other support to local players - including through the opening of shelters – and to NGOs and associations, while drawing up statistics enabling developments in such violence to be gauged in both quantitative and qualitative terms. These funds were to be used under the supervision of the national authorities.
26. Some states have already taken practical measures, particularly in the legislative sphere, with a view to curbing this form of violence, punishing offenders and assisting victims. Many other states, however, still regard domestic violence as a private matter and have not yet made it, or marital rape, a criminal offence.
27. Good practice has been adopted in several European states, and this should be used as an example. In this respect:
Austria remains a reference point in the fight against domestic violence. The federal law of 1997 on protection against violence within the family offers better protection to victims, for it clearly states that it is always the person who makes use of violence who must answer for it. It allows the law enforcement agencies to prohibit access to the conjugal home to anyone committing acts of violence. It also allows victims to retain custody of the children. The prosecutor or criminal court may decide whether the perpetrator of an act of violence is to be remanded in custody or detained. Provision is also made under this law for an accelerated procedure. The law offers automatic protection and support for victims through an advisory committee on prevention, which is responsible for providing assistance and free legal aid.
Spain has a victim protection law, adopted in August 2003, providing for a number of preventive and coercive measures. Under this law, any woman making a complaint about aggression or threatening behaviour may ask the court to apply the law within a maximum of 72 hours. It is thus possible for the court to take immediate penal measures against the aggressor: custody, removal, attribution of use of the family home to the victim, who retains sole custody of the children, and, in the event that she is not in employment, payment of a monthly allowance of 300 euros for a period of ten months. These decisions are accompanied by acceleration of the procedure, which has to be carried out within 15 days. One week after taking power, the new Prime Minister, Jos� Luis Zapatero, declared the fight against violence against women to be a national priority, and asked his government to draw up new draft legislation.
In 2003 the Czech government adopted an action plan to increase public awareness, starting by organising at interministerial level six round table sessions attended by local players and representatives of the media, women's associations and non-governmental organisations. It then instructed various ministries and a mediator to carry through an awareness-raising campaign for which the slogan was "Behind closed doors", with a view to informing victims of their rights and of the assistance available. A television campaign was also run, with the slogan: "Women afraid to tell the truth", and information leaflets were issued and an Internet home page produced, listing reception centres, inter alia. At the same time, specific training was provided to members of the police force and justice system, facilitating dialogue between them and victims. The campaign results are regarded as positive: members of the public have become increasingly aware of the problem, more women have made use of shelters and, in the legislative sphere, the Penal Code has been revised.
France recently amended its legislation to take greater account of domestic violence and victim protection. Thanks to the amendment of Article 220-1 of the Civil Code, the divorce law passed on 26 May 2004 allows the court, even before a divorce application has been filed, to evict the violent spouse from the conjugal home, when the other spouse or the children are in serious danger. Thus victims will no longer be the ones obliged to find new accommodation as a matter of extreme urgency.
28. The adoption of national plans in every European country will make it easier to carry through a European campaign and will contribute to the preparation of a European action plan.
Organisation of national campaigns aimed at the general public
29. In order to run an awareness-raising campaign against domestic violence aimed at the general public, governments must adopt a framework which is accompanied by practical arrangements. The campaign must be two-pronged: having a prevention aspect and providing information to the public. What is actually needed is an integrated approach, with prevention, enforcement and victim support policies being put into practice. In order to be effective, the campaign needs to be carried out over the long term.
30. The aim must be to raise awareness of the problem among the population. Domestic violence must no longer be regarded as a private matter, but as a political issue in the public domain, to be dealt with as such. It is a matter of concern not only to the victims and perpetrators of acts of violence, but also to all who are witnesses or are called on to intervene, particularly the police, members of the judiciary, medical staff and social workers who have to deal with the consequences of domestic violence.
31. Acknowledging the existence of domestic violence is the first step toward eradicating the problem. It is very important to alter sexist models and prejudices, to make the public at large aware of the adverse effects of domestic violence, to enhance the awareness of present and potential victims of violence and to make the media realise the relevance of their role.
32. The main aim of a European campaign against domestic violence would be to tackle the root causes of the problem. It should convey a strong message that domestic violence is a crime, and the perpetrators of that crime should be condemned by both state and society.
33. Accordingly, appropriate emphasis should be placed on the role of the education of young people and adults about women’s rights and gender equality. Men should be actively involved through different awareness-raising activities.
F. Conclusions
34. Recent figures relating to domestic violence against women reflect the escalation of this serious problem, which affects every kind of social milieu and family relationship, and must provide an incentive to all Council of Europe member states rapidly to implement a national awareness-raising campaign and to adopt appropriate legislative, legal and financial measures in order to prevent and punish such violence, to assist the victims and to inform the public about this distressing situation.
35. It is in practice governments' duty to guarantee the protection of women's rights and freedoms, and to ensure that the values of women's integrity, equality and dignity are respected. As the problem is so acute, governments must regard domestic violence as a national political priority and deal with it in a broader political framework, favouring a multidisciplinary approach, with government, parliament and civil society involvement.
36. This report suggests that the issue of domestic violence be dealt with at the Third Summit of Heads of State and Government of the Council of Europe, for it is of the utmost importance to condemn such violence at the highest policy-making level. It also recommends that a pan-European campaign against domestic violence be organised in 2006, under the auspices of the Council of Europe, and in close consultation with the European Commission, European Parliament, NGOs and local players. The aim of this campaign will be to encourage member states to run, and support them in the running of, national awareness-raising campaigns – at the level of both ministries and the public - and to adopt the urgent measures which are needed, particularly in relation to victim protection and assistance and to the criminal penalties for the perpetrators of acts of violence. In this context, the Council of Europe will have to set up an ad hoc group tasked with defining the various parameters of the pan-European campaign and with making proposals for action to member states, while evaluating the progress made.
37. War must be waged on domestic violence, which must no longer be regarded as a private matter, but as a political and public problem which should be dealt with as such.
APPENDIX
Recommendation 1582 (2002) [23]
Domestic violence against women
Reporting committee: Committee on Equal Opportunities for Women and Men
Reference to Committee: Doc. 9907, reference N� 2876 of 29 September 2003
Draft recommendation unanimously adopted by the Committee on 10 September 2004.
Members of the Committee: Mrs Cliveti (Chairperson), Mrs Zapfl-Helbling (1st Vice-Chairperson), Mr Dalgaard (2nd Vice-Chairperson), Mrs Curdova (3rd Vice-Chairperson), Mrs Aguiar, Mr Baburin (alternate: Mr Rudkovsky), Mrs Bauer, Mrs Biga-Friganovic, Mrs Bilgehan, Mrs Bousakla, Mrs Doktorowicz, Mrs Err, Mrs Fern�ndez Soriano, Mr Foulkes, Mr Gaburro (alternate: Mr Giovanelli), Mr Goldberg, Ms Hadjiyeva, Mrs H�gg, Mr Juri, Mrs Katseli, Mrs Konglevoll, Mrs Kosa-Kovacs (alternate: Ms Vadai), Mrs Kryemadhi, Mrs Lintonen, Mr Mahmood, Mrs Mikutiene, Mr Mooney, Mrs Morganti, Mrs Naghdalyan, Mr Neimarlija, Mrs Oskina, Mrs Paoletti Tangheroni (alternate: Mr Scherini), Ms Patereu, Mrs Pericleous-Papadopoulos, Mrs Petrova-Mitevska, Mr Pintat, Mr Platvoet, Mr Pullicino Orlando, Mrs Radulovic-Šcepanovic, Mrs Roth, Mrs Rupprecht, Mrs Schicker, Mr Skarph�dinsson, Mrs Smirnova, Mrs Stantcheva.
N.B. The names of the members who took part in the meeting are printed in bold.
Secretaries to the Committee: Mrs Kleinsorge, Ms Devaux
[1] "Breaking the silence: Preventing Violence against Women in Europe", Anna Diamontopoulou, European Commissioner responsible for employment and social affairs. Address to the Ministerial Conference on Violence against Women, Santiago de Compostela, 18 February 2002.
[2] "Rape: The Forgotten Issue?". A European research and networking project, Liz Kelly, Linda Reagan, Daphne Project: JA1.1999/DAP/161/WC.
[3] "Unveiling the hidden data on domestic violence in the EU", European Women's Lobby, 1999.
[4] Article on domestic violence by Mr Ignacio Ramonet published in "Le Monde diplomatique" of 6 July 2004.
[5] Discussion with Ms Nicole Ameline, Minister for Gender Equality and Equality in the Workplace, "Violences envers les femmes, il faut lutter ensemble", newsletter of the Women's Committee, Amnesty International No 7, March 2003.
[6] Amnesty International (France), La Chronique, March 2004.
[7] Figures provided by Amnesty International, United Kingdom.
[8] Womankind newsletter, spring/summer 2003.
[9] Op. cit., address by Ms Anna Diamontopoulou, 18 February 2002.
[10] "Faith, Hope, Battering: A Survey of Men's Violence against Women in Finland", Markku Heiskanen, Minna Piispa, Statistics Finland, Council for Equality, Justice 1998, Equality between women and men, SVT, 1998, p. 9.
[11] Op. cit, address by Ms Anna Diamantopoulou, 18 February 2002.
[12] Op. cit., address by Ms Anna Diamantopoulou, 18 February 2002.
[13] Op. cit., article in "Le Monde diplomatique", 6 July 2004.
[14] Op. cit., article in "Le Monde diplomatique", 6 July 2004.
[15] Representative study of violence in the family, Olga Toth, 1999.
[16] Hearing in Prague on 24 May 2004 on "a campaign to combat domestic violence in Europe", organised by the Committee on Equal Opportunities for Women and Men, Council of Europe.
[17] "Russian Federation: Violence against women – time to act!", joint public statement with the Russian association responsible for the "Stop violence" crisis centres, Amnesty International press release, news service No. 49, 5 March 2003.
[18] "Women in Lithuania", Women's Issues Information Centre, 1999, cited in Astra Network; "Sexual and reproductive rights and health in central and eastern Europe", 2002.
[19] Op. cit., Hearing of 24 May 2004.
[20] Op. cit., article in "Le Monde diplomatique" of 6 July 2004.
[21] Declaration by the Portuguese Presidency on "Violence against women: zero tolerance", Lisbon, May 2000.
[22] "Towards a common European framework to monitor progress in combatting violence against women", EWL, 2001, pp 3 and 4 of the French edition.
[23] Assembly debate on 27 September 2002 (32nd Sitting) (see Doc. 9525, report of the Committee on Equal Opportunities for Women and Men, rapporteur: Ms Keltošov�; and Doc. 9563, opinion of the Social, Health and Family Affairs Committee, rapporteur: Mr Hancock). Text adopted by the Assembly on 27 September 2002 (32nd Sitting).