Report | Doc. 11702 | 12 September 2008
Combating violence against women: towards a Council of Europe convention
(Former) Committee on Equal Opportunities for Women and Men
Summary
The Parliamentary Assembly was fully involved in the Council of Europe Campaign to Combat Violence against Women, including Domestic Violence (2006-08). The implementation of the parliamentary dimension of the campaign by the Assembly made it possible to mobilise some 40 national parliaments and a European network of 56 contact parliamentarians, which conducted, over two years, more than 200 activities throughout Europe to condemn domestic violence against women, raise awareness among parliamentarians and the general public, and change the laws.
Domestic violence against women is one of the most widespread violations of human rights, which affects all Council of Europe member states. Given the extent of this phenomenon, the Parliamentary Assembly considers it necessary to remain mobilised on the issue of violence against women.
The Assembly should:
- encourage national parliaments to strengthen national legislation on combating violence against women, in particular by adopting, and supervising the application of, the seven key measures identified by the Assembly in Resolution 1582 (2007) as minimum standards;
- continue the European network of contact parliamentarians in charge of promoting, in each national parliament, action to combat violence against women;
- invite the Council of Europe to draft a framework convention 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.
A. Draft resolution
(open)“– making domestic violence against women, including marital rape, a criminal offence;
– regarding violence perpetrated between (former) partners as an aggravating circumstance;
– setting up sufficient numbers of safe emergency shelters;
– making provision to remove violent spouses or partners and take out protection orders against perpetrators;
– guaranteeing effective access to the courts and to protection measures for victims;
– allocating sufficient budgetary resources for the implementation of the law;
– monitoring the application of laws on violence against women passed by parliament”;
B. Draft recommendation
(open)C. Explanatory memorandum, by Mr Mendes Bota
(open)1. Introduction
 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,
 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.
 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. 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.
 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. 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.
 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
 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,
 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.
 which
met in autumn 2007 in Strasbourg, Helsinki, Vienna, Sofia and Paris.
2.2. Involvement of parliaments and interplay with the work of the PACE and the Council of Europe
 The
chairs of national delegations helped to get MPs actively involved
and to convey the Council of Europe’s message to their own parliaments.
 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,
 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.
 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 2006.2.3. Promotion of minimum legislative standards in all Council of Europe member states
 and priority should
be given to adopting and/or supervising these:
 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;”.
 Without
going into detail about the findings of this survey, some trends
can be identified from the replies received:
 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.
 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.
 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
 I
shall therefore suggest three lines of work.
 I
shall therefore suggest three lines of work.
- 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.
4. Promoting the drafting of a framework convention on the severest and most widespread forms of violence against women
 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 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.
 (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. 
 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.
 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.5. Conclusions
- 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.
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.
