1. Introduction
1. The Council of Europe Convention
on Preventing and Combating Violence against Women and Domestic
Violence (CETS No. 210, “Istanbul Convention”) entered into force
on 1 August 2014 and has been ratified by 18 States Parties.
Members
of the Parliamentary Assembly and national parliamentarians have played
an important role throughout the process which has led to this result
and they will continue to do so.
2. By providing in-depth information on examples of legislation
and practice on violence against women which are applied in Council
of Europe member States, this report aims to enhance the expertise
of those parliamentarians as legislators. It is also meant to complement
the future work of the Convention’s monitoring body GREVIO and parliamentary
monitoring-related activities.
3. In this report, I will address the convention’s four main
areas, known as the “4Ps” (prevention, protection of victims, prosecution
of offenders and integrated policies), through a catalogue of good
practices that have been implemented in Council of Europe member
States. The list provided is non-exhaustive and should primarily
serve as an incentive for future action.
4. To identify examples of these good practices, I benefited
from the support of Women against Violence Europe (WAVE), a formal
network of European women's non-governmental organisations (NGOs)
which annually publishes country reports on topics related to violence
against women. I wish to thank them for their valuable help.
5. When pertinent, I also referred to the survey published by
the European Union Fundamental Rights Agency (FRA) in March 2014.
Although
it only partially addresses the geographical areas covered by the Council
of Europe, it provides valuable data in different fields pertaining
to the issue of violence against women. A more detailed report on
the issue of data collection is being prepared by my colleague Maria
Edera Spadoni (Italy, NR).
2. Examples of legislation and practice
regarding violence against women in Europe
2.1. Prevention
2.1.1. General
obligations (Article 12)
6. In its Article 12, the Istanbul
Convention requires States to adopt a wide range of measures at
the national level to prevent all forms of violence against women.
These measures aim to change attitudes, gender roles and stereotypes
that increase tolerance of violence against women. They should,
for instance, encourage men and boys to contribute actively to preventing
all forms of violence.
7. In 2002, the United Nations Population Fund (UNFPA) and the
Turkish Ministry of Health and the Turkish Armed Forces decided
to introduce a specific module for Turkish soldiers on gender equality
and the prevention of gender-based violence against women.
By
2009, three million men had received the training, and the project
had been made permanent by a decree from the armed forces. Although
many of the soldiers said the training had a profound effect on
them, the programme met resistance from some soldiers and faced problems
with achieving involvement from military leaders at all levels.
2.1.2. Awareness-raising
campaigns (Article 13)
8. According to FRA’s report,
most cases of violence against women are reported neither to the
police nor to any victim support organisation. Half of the women
surveyed state either that there is no specific legislation on domestic
violence in their country of residence or that they do not know
if there is. On average, almost one in five women (19%) in the European
Union is not aware of any of the support services for victims of
violence against women in their country. However, every second woman
in the European Union, on average, has recently seen or heard campaigns
addressing the issue of violence against women.
This leads me to the conclusion that most
women victims of violence do not know about their rights and the
support services available for victims. Awareness-raising campaigns
are therefore an essential way to reach out to them.
9. In 2011 and 2012, a pioneering campaign on psychological violence
was conducted in Belgium.
Two short films, broadcast on national
television, described the decline of a relationship and the underhand
violence attached to it. The campaign had a tremendous impact on
Belgian society as it rightly showed that violence was not only
limited to physical violence as is often portrayed, but could take
many other forms, including psychological ones. This was also an
opportunity to publicise the free and anonymous hotline for victims
of domestic violence.
10. The rape crisis centre in Saarbrücken (Germany) together with
the family planning association found an interesting way to spread
their helpline number widely and in a simple manner. The information
was printed on bakery bags that are commonly used to sell bread
and pastries in German bakeries. The awareness-raising campaign
spread information among bakery users, raised the interest of the
media and has since been replicated across the country and beyond.
11. Awareness-raising campaigns should be designed in close collaboration
with national human rights institutions and equality bodies, civil
society and NGOs, especially women’s organisations, and need to
be based on accurate data to ensure that their messages target the
right audience.
2.1.3. Education
(Article 14)
12. Education plays a fundamental
role in shaping future attitudes and behaviour and ultimately in
changing society’s perception of violence against women. According
to the Istanbul Convention, it is necessary to include formal and
informal education teaching materials on issues such as gender-based
violence against women, equality between women and men, non-stereotyped
gender roles, mutual respect, non-violent conflict resolution in
interpersonal relationships and the right to personal integrity.
13. To illustrate this, I would like to mention a particular initiative,
“Voices against Violence”, initiated by the World Association of
Girl Guides and Girl Scouts (WAGGGS) and UN Women.
Through age-tailored activities
such as story-telling, games, poster competitions, campaigns and
community service, this co-educational curriculum is a tool for
young people to understand the root causes of violence in their communities,
and to educate and involve their peers and communities to prevent
such violence. The campaign addresses specific forms of violence
against women and girls.
2.1.4. Training
of professionals (Article 15)
14. The Istanbul Convention calls
for training of relevant professionals in the many causes, manifestations and
consequences of all forms of violence. Training not only enables
awareness raising among professionals, but contributes to changing
the outlooks and the conduct of those professionals with regard
to the victims. Furthermore, it significantly improves the nature
and quality of the support provided to victims.
15. From 2010 to 2013, Serbia developed a series of protocols
to fight violence against women.
In these protocols,
all participating agencies were required to provide training for
their staff in the area of violence against women and domestic violence.
In 11 towns, 550 public service providers, including judges, prosecutors,
social workers, police officers, health workers, professors and
educators, were trained on how to deliver integrated services at
local level. Furthermore, the police and judicial academy as well
as the governmental human resources office introduced specialised
curricula in their regular educational programmes. A total of 361
police officers, 292 judges and prosecutors and 150 State officials
were trained on gender equality and on how to deal with victims
of gender-based violence without exposing them to secondary victimisation.
16. The basic training of Swedish prosecutors includes training
in domestic violence and sexual and psychological abuse. There are
also senior public prosecutors specialising in domestic violence.
Their number has increased gradually over the years and, in April
2010, they were no less than 31 in the 32 local public prosecution
offices in Sweden.
17. The Turkish Police Academy
recently developed a series of
in-house training programs on gender equality and the prevention
of violence against women. In its first session, organised in May
2015, the police force which primarily handles violence against
women cases was trained particularly on the applicable standards
and State obligations under the Istanbul Convention.
18. A total of 45 Council of Europe member States reported regular
training on some level for professionals.
However,
detailed information about the quality and effectiveness of training
is not available and appropriate specific training can cover a range
of possibilities from merely learning about legal provisions and
brief information to longer sessions, optional or obligatory. It
would therefore be necessary to obtain data on training and to carry
out comparative evaluation research on content, quality and effects
of training activities.
2.1.5. Preventive
intervention and treatment programmes (Article 16)
19. The Istanbul Convention requires
States to set up or support treatment programmes for perpetrators
of domestic violence and sex offenders aimed at teaching them how
to adopt non-violent behaviour, take responsibility for their actions
and examine their attitudes towards women.
20. In Luxembourg, the Domestic Violence Act, amended in July
2013, imposes an obligation on perpetrators who are under a barring
order to appear, within a week, before a specialised service in
charge of perpetrators of violence. If perpetrators do not attend,
they will be summoned while the service files a report to the prosecutor’s
office. The perpetrator must collaborate with police, judicial and
State authorities and closely work with the assistance service for
victims of domestic violence. Such an initiative aims to encourage perpetrators
to take responsibility for their actions and also to prevent them
from reoffending.
21. In France, section 15 of the Gender Equality Act, which was
passed on 23 July 2014, provides for the insertion in the criminal
code of the obligation to “undergo awareness training on preventing
and combating gender-based violence at his own expense” into provisions
relating to obligations that a court may impose as part of a criminal
sentence. This addition is a direct consequence of the ratification
of the Istanbul Convention by France.
22. In the United Kingdom, the Core Sex Offender Treatment Programme
began in 1991 and is the main programme offered on a voluntary basis
to medium and high-risk sex offenders in British prisons. It helps offenders
understand how and why they have committed sexual offences and increases
awareness of victim harm. Over a two-year period, treated offenders
had statistically significantly lower sexual and/or violent reconviction
rates than untreated offenders, with medium-risk offenders showing
the biggest improvement. Participants reported an improved understanding
of their offences and their effects on the victims, and that they had
learned alternative coping strategies for the future. However, the
Core SOTP did not seem to offer sufficient treatment for high-risk
offenders.
2.1.6. Participation
of the private sector and the media (Article 17)
23. Whilst respecting their freedom
of expression and independence, the private sector and the media
shall be encouraged to participate in the elaboration and implementation
of policies and to set guidelines to prevent violence against women
and enhance respect for their dignity. To date, 16 Council of Europe
member States have a code or set of guidelines for the media.
24. In January 2013, the Minister of Labour and Social Policies
of Italy and the President of the Advertising Self-Regulation Institute
(
Istituto di AutodisciplinaPubblicitaria
– IAP) agreed to increase their co-operation in the monitoring
and removal of offensive and indecent advertisements. The Department
for Equal Opportunities of the Italian Presidency of the Council
of Ministers is therefore now entitled to ask for the removal of advertisements
showing degrading images of women, containing images of violent
acts perpetrated against women or inciting violence against women.
This would also be done following a report from other entities. Between
February 2013 and July 2014, the Department for Equal Opportunities
reported 14 offensive advertisements to the IAP, of which seven
were removed. During the same period, 19 offensive advertisements were
blocked by the IAP.
One might want to accelerate the
procedure between the actual complaint and the decision for removal,
as fifteen days elapse during which the advertisement and its message
are still largely broadcast.
25. The Commission for Citizenship and Gender Equality (CIG),
the Portuguese national mechanism for equality of women and men,
has been promoting, in partnership with the Professional Training
Center for Journalists (CENJOR), a 12-hour training module entitled
“Gender and Information” addressed to journalists with a professional
title, including training on gender-based violence as an expression
of power asymmetries between men and women; violence against women
(the case of female genital mutilation); domestic violence as an
example of gender-based violence; the media coverage of homicide
in the context of intimate relationships. The trainer responsible
for the issue of gender-based violence is a co-ordinator of the Observatory
of Murdered Women, a structure created in 2004 by UMAR, a gender
equality NGO. The Observatory analyses all journalistic works and
news in the press focusing on homicide cases in the context of intimate
relationships.
26. In Scotland (United Kingdom), the Zero Tolerance campaign
produced a handbook for media professionals “Handle with Care: A
guide to responsible media reporting of violence against women”.
The guide provides recommendations
on standards of reporting on these issues while giving examples
of good practice and advice on how to communicate with victims of
violence.
2.2. Protection
of victims
27. Measures to ensure protection
and support of women victims of violence must inter
alia be based on a gendered understanding of violence
against women and domestic violence, avoid secondary victimisation
and be aimed at their empowerment and economic independence.
2.2.1. Scope
of the Istanbul Convention (Articles 2, 4, 59, 60 and 61)
– Definition of “victim”
28. The term “victim” refers to
both victims of violence against women and domestic violence. The convention
encourages States Parties to extend its application to male and
children victims of domestic violence. They may do so in the manner
they consider the most appropriate, taking account notably of the specific
national situation and of the developments in their society.
29. Austria introduced the first law on protection from domestic
violence in 1997.
The
law applies to all victims, regardless of their gender, age or family
status. By not defining the relationship to the perpetrator, the law
is applicable to all victims, protecting them from any form of violence
in any place, public or private (home, workplace, school, kindergarten,
while on holiday, etc.).
– Residence status of migrant
women
30. The threat of deportation or loss of residence status is often
used by perpetrators to prevent victims of violence against women
and domestic violence from seeking help or from separating from
the perpetrator. In the majority of the member States of the Council
of Europe, the foreign spouses or partners need to remain married
or in a relationship for a certain period (often between one and
three years) to have access to an autonomous residence status. Consequently,
many victims have to endure the violence for a long period of time.
The convention wants to ensure that migrant victims whose residence
status is conditional on marriage or on being in a relationship
are granted an autonomous residence permit of a limited validity
in the event of the dissolution of the marriage or the relationship.
31. In August 2012, the Irish Naturalisation and Immigration services
(INIS) published a policy providing an independent residence permit
for migrant victims of domestic violence who would otherwise be
dependent on their abuser to renew their permit. INIS also published
guidelines
to help the victims of domestic violence whose
relationship has ended to obtain an independent residence status.
INIS requires the applicant to prove that he or she is a victim
of domestic violence through, for example, a protection order, a
medical report indicating injuries or a police report relating the
incidents.
32. In Belgium, in 2006 and 2007, new provisions were introduced
in the immigration law to allow migrant women victims of domestic
violence not to lose their residence status when leaving their abusive
partner. This applies under the condition that the women prove their
status as victims of domestic violence.
33. In this field, research is urgently needed to understand the
situation better, to learn from experiences and to provide Parties
to the convention with concrete recommendations regarding the implementation
of this important article.
– Refugee women
34. The convention also makes explicit reference to the protection
of refugee women from violence and establishes several obligations
in relation to asylum claims (Article 60). States Parties should
take measures to ensure that gender-based violence against women
may be recognised as a form of persecution within the meaning of
Article 1.A(2) of the 1951 Convention relating to the Status of
Refugees. The convention also calls on States to adopt a gender-sensitive
interpretation of each of the convention’s grounds, as well as gender guidelines
and gender-sensitive asylum procedures, while respecting the principle
of non-refoulement (Article 61).
35. In 2007, Belgium adopted a law on gender mainstreaming
which
obliges its authorities to integrate a gender dimension into all
public policies, including asylum procedures. A set of instructions
to guide asylum officers when examining gender-related asylum claims
was adopted and training on gender-related issues was organised
for interpreters. A gender-specific brochure entitled “Women, girls
and asylum in Belgium: information for women and girls seeking asylum”
was produced in seven languages. It provides specific information
on the rights and obligations of asylum seekers, such as the right
to ask for a female interviewer and interpreter, the right to have
an individual interview and access to childcare during the interview.
The brochure also gives information on particular issues which could
be relevant for women: pregnancy, contraception and other sexual
and reproductive health and rights matters, health and well-being
issues, violence within the family, other forms of abuse, exploitation
and female genital mutilation.
36. With regard to the refugee and migrant crisis which is currently
affecting Europe, I would like to stress that violence against women
during their clandestine journey is widespread and should be a huge
concern for us all. Indeed, in addition to the hardships during
any journey as an illegal migrant – hunger, thirst, extreme fatigue,
appalling travel conditions with thousands of women and men drowning
in the Mediterranean Sea – women suffer from sexual violence, abductions
by smugglers and traffickers and abuses in immigration detention
centres. These women have fundamental rights which must be respected.
This means that when they arrive, they should be accommodated in
safe reception centres. They should have access to gender-sensitive
asylum procedures and support services as required by the Istanbul
Convention. Not to mention the necessity of challenging the legality
of lengthy detentions when inappropriate.
– Women with disabilities
37. The list of grounds for discrimination included in Article
4.3 of the convention draws on Article 14 of the European Convention
on Human Rights (ETS No. 5) and its Protocol No. 12 (ETS No. 177).
The open-ended list includes disability.
38. It is estimated that women with disabilities are 1.5 to 10
times more likely to be exposed to violence than women without disabilities.
According to the FRA
survey, more than one woman in two with a health problem, a disability
or with difficulties in her daily life is or has been subjected
to psychological violence by their partner or to sexual harassment.
One third are victims of physical violence.
39. I would like to add that women with disabilities who are victims
of violence face specific obstacles which may prevent them from
reporting the abuse and violence they suffer.
The
following obstacles may be mentioned, among others: difficult access
to information; very low number of shelters accessible to women
with disabilities; the risk that they will no longer benefit from
a carer if they leave their home; the fear of being institutionalised
or of losing the custody of their children.
40. Beverley Lewis House is the only refuge in the United Kingdom
that caters for women with learning disabilities who have suffered
domestic violence.
The
service can accommodate 12 women and they stay an average of two
years. The intensive support plan includes one-to-one counselling
and cognitive behavioural therapy. Most women move on to supported
living, some with a few hours a week of social care support, after having
gained new life skills and confidence.
2.2.2. General
support services (Article 20)
41. Central to the effective protection
and recovery of women victims of violence are support services.
These services help to prevent further violence and assist the victims’
physical, psychological and social recovery. They should be easily
and safely accessible and free of charge.
42. A distinction is made between general and specialist support
services.
General support services
refer to help offered by public authorities, such as social services,
health services, employment services, which provide long-term help
and are not exclusively designed for the benefit of victims only
but serve the public at large. In contrast, specialist support services
provide support and assistance tailored to the – often immediate –
needs of victims of specific forms of violence against women or
domestic violence and are not available to the general public. While
these may be services run or funded by government authorities, the
large majority of specialist services are offered by NGOs.
43. In Austria, the Second Act on Protection against Violence
(2009) ensures psychosocial and legal assistance in court for victims
of violence during criminal and civil proceedings. Assistance is
provided by victims’ protection organisations, intervention centres
and violence prevention centres. Psychosocial court assistance includes
accompanying the victim to the police when making a report, informing
them about and preparing them for criminal proceedings and accompanying
them to questioning at court and to the trial. Legal court assistance
consists of legal representation in criminal proceedings by a lawyer
for the protection of the rights of the victim. During criminal
proceedings, the legal assistance is free of charge. In October
2014, Austria received the silver award of the 2014 Future Policy
Award for Ending Violence against Women and Girls for this law.
2.2.3. Shelters
44. Women victims of violence and
their children need to have immediate and possibly around-the-clock access
to safe accommodation. Shelters should be set up in sufficient numbers
– to be determined according to the actual need – and offer support
and protection by trained staff.
45. The Final Activity Report of the Council of Europe Task Force
to Combat Violence against Women, including Domestic Violence (EG-TFV(2008)6)
recommends safe accommodation in specialised women’s shelters, available
in every region, with one family place per 10 000 head of population.
According to the 2014 WAVE report,
two countries among
the Council of Europe member States meet this criteria, namely Luxembourg
and Slovenia.
2.2.4. Telephone
helplines (Article 24)
46. Helplines are one of the most
important ways of enabling victims to find help and support. The convention
requires States to set up nation-wide 24/7 telephone helplines free
of charge.
47. In Turkey, the ALO 183 hotline, set up in 2007 by the Ministry
of Family and Social Policies and State-funded, receives calls from
81 provinces and helps women, children and people with disabilities
victims of violence to gain quick access to psychological, judicial,
economic advice and guidance services. The Hürriyet “No! To Domestic
Violence Helpline”, a nation-wide women’s helpline which provides
assistance to women victims of all forms of violence, is run by
the newspaper Hürriyet and
funded by private donations.
48. In 2013, the German Federal Ministry for Family, Senior, Women’s
and Youth Affairs set up a national, toll-free telephone helpline
that offers victims of all forms of violence against women competent
advice on demand. Around 60 specially trained counsellors provide
confidential support in 15 languages, around the clock, 365 days
a year and free of charge. If need be, they can point callers to
appropriate local support options in their area. This new service
filled a gap in the support structure in Germany and is an important
tool in directing victims, relatives and friends, as well as professionals,
to appropriate support resources across the country.
2.2.5. Support
for victims of sexual violence (Article 25)
49. The prevalence of sexual violence
against women is still high in Europe and women experience sexual violence
by strangers as well as by partners or ex-partners. According to
the FRA survey, an estimated 3.7 million women in the European Union
had experienced sexual violence in the course of the 12 months before
the survey interviews – corresponding to 2% of women aged 18 to
74 years in the European Union.
One
in 20 women (5%) has been raped since the age of 15.
50. Thirty-three member States confirm that services for victims
of rape and sexual assault do exist.
However, the majority reports the number
of such services as small or cannot provide data on the number.
Only 20 States indicate that services for victims of sexual violence
are accessible in a sufficiently wide geographic distribution. Thirteen
member States report no services for victims of sexual violence.
51. Sexual violence has especially severe and long-term effects
and victims often suffer from a higher number of psychological consequences,
as stated in the research project “We are still alive. We have been harmed
but we are brave and strong” conducted by the NGO Medica Zenica
in Bosnia and Herzegovina with victims of war-time rape.
Since 1993, the organisation
has developed a comprehensive approach which consists of combining
gynaecological care, psychosocial counselling, legal advice, income-generating activities,
capacity-building measures and advocacy work to improve the situation
of women and girls who have been victims of rape and other forms
of sexual violence, and to strengthen their rights.
52. In the United Kingdom, Sexual Assault Referral Centres (SARCs)
deliver an integrated, comprehensive service to victims of rape
and other sexual violence. Initially, SARCs were concerned with
improving the medico-legal response to rape and as such the focus
was on achieving good practice standards for immediate health interventions
and forensic evidence collection. Today, these core services have
expanded to include sexual and reproductive health interventions,
crisis support, mental health examinations, counselling and advocacy.
Victims have access to a crisis worker and lawyer from the time
they first access the SARC until the time the victim “self-discharges”
from the service. A SARC provides sexual violence and rape services
to a geographically defined area. It is easily and safely accessible
and available 24 hours a day, seven days a week.
53. In Denmark, the Danish Centre for Rape and Sexual Assault
Victims (CRV) was established in 1999 in the city of Aarhus following
a 1998 decision by the Danish Parliament to improve services offered
to the victims of violence, including rape.
This centre is based on a multidisciplinary
and victim-focused approach aimed at providing multidisciplinary
services and avoiding secondary victimisation. The centre is located
in the emergency room of the regional hospital, operates 24/7 and
serves victims of sexual violence over 12 years of age. It provides
medical treatment, forensic examination and counselling and, if
needed, overnight accommodation, all free of charge. The staff of
the CRV receives regular training and the CRV developed an evidence
sampling kit which is today the national standard kit for collecting
evidence in cases of rape. They also published a handbook of standardised
guidelines for professionals which are in use at national level.
Since the establishment of the CRV, seven additional centres have
opened in Denmark.
2.2.6. Protection
and support for child witnesses (Article 26)
54. Exposure to physical, sexual
or psychological violence and abuse between parents or other family members
has a severe impact on children. According to Article 26 of the
convention, measures should be adopted to ensure that due account
is taken of the rights and needs of child witnesses of violence,
including age-appropriate psychosocial counselling.
55. In Luxembourg, the Psychological Counselling for Children
and Young People Victims of Domestic Violence, a service supported
by the Ministry on Equal Opportunities, welcomes children and young
people from 3 to 18 years old, who are direct victims of violence,
present during the violence and actively witnessing it, or exposed
to screams and other sounds of violence. The aim is to educate them
about domestic violence processes and roles and responsibilities
of each member of the family, facilitate the expression of their emotions
through a variety of media (language, singing, drawing, etc.), discuss
stereotypes, and reinforce the relationship with the parent victim
of violence. A support group targeting children victims of violence
started in September 2015.
2.2.7. Reporting
(Article 27)
56. The majority of incidents of
violence against women go unreported. Health-care professionals
can play an enhanced role in identifying and helping to prevent
cases of violence against women. The convention provides for the
possibility for rules of confidentiality to be lifted to enable
professionals to choose to report serious incidents of violence
when they believe it has occurred and will occur again. The provision
does not oblige professionals to report; it merely removes barriers
to reporting in cases of severe violence and danger.
57. In Austria, when faced with a case of violence against children,
doctors have to file a report to the police or to the child protection
authorities. As far as adults are concerned, doctors have to report
acts of grievous bodily harm to the police even if they do not obtain
the consent of the patient. If the injury is not serious but the person
is restricted in his/her ability to take care of her/himself (for
instance a person with intellectual disabilities), doctors need
to inform the Local Intervention Centre (a support service for victims
of violence against women and domestic violence).
58. According to the 2014 FRA survey, close to nine out of 10
women (87%) would support the practice whereby doctors routinely
ask about violence when they see women with certain injuries in
their practice.
However, it raises important questions
relating to the confidentiality and the relation of trust between
a doctor and his or her patient. I could imagine that in this field,
enhancing training, networking and a holistic approach when dealing
with victims of violence – as violence is a problem requiring multi-professional
responses and co-operation – might help doctors to report in a more
serene manner.
– Emergency barring orders and restraining
or protection orders (Articles 52 and 53)
59. In situations of immediate danger, the most effective way
to protect a victim of domestic violence is to install a physical
distance between the victim and the perpetrator of violence. It
is equally important to ensure the removal of the perpetrator so
that the victim can remain in the home. The Istanbul Convention
establishes an obligation to transfer to the competent authorities
the power to order a perpetrator of violence to leave the residence
of the victim and to bar him or her from returning or contacting
the victim. Existing examples of such orders in Council of Europe
member States provide for orders of a duration ranging between 10
days and four weeks, with or without the possibility of renewal.
The term “immediate danger” refers to any situations of domestic
violence in which harm is imminent or has already materialised and
is likely to happen again.
60. In Spain, the Organic Act 1/2004 of 28 December 2004 on Integrated
Protection Measures against Gender Violence provides for restraining
orders and the possibility to use electronic devices to monitor
their fulfilment by the alleged perpetrators of domestic violence.
Electronic devices may consist of bracelets worn by the perpetrator
but also by the victim to enable them to contact the police rapidly
in case of threats or violation of the restraining order. These
devices document any infringement of a restraining order by the perpetrator,
who may then incur criminal liability. Since the introduction of
the Electronic Monitoring of Restraining Measures System in 2009,
more than 1 800 devices have been activated. In October 2014, Spain received
the honourable mention of the 2014 Future Policy Award for Ending
Violence against Women and Girls for its Organic Act.
2.3. Prosecution
of the offenders
61. According to the Istanbul Convention,
violence against women must be criminalised and appropriately punished.
Besides physical violence, the convention establishes a number of
specific criminal offences such as forced marriage, female genital
mutilation, forced abortion and forced sterilisations. No excuses
on the grounds of culture, custom, religion or so-called “honour”
should be acceptable. The convention also ensures that these offences
are subject to criminal or other legal sanctions, prohibits mandatory
alternative dispute resolution processes or sentencing and seeks
to improve the protection of victims in a manner that respects their
rights at all stages of the proceedings.
2.3.1. Specific
criminal offences
–
Forced marriage (Article 37)
62. The Istanbul Convention considers in this provision two types
of conduct: forcing a person to enter into a marriage and luring
a person abroad with the purpose of forcing this person to enter
into marriage. According to the convention, these acts should be
covered by the criminal law of the Parties so as to take into account the
standards established under other legally binding international
instruments.
63. As explained by Ms Lucy Monaghan, Deputy Head of the Forced
Marriage Unit (FMU),
victims of forced
marriage in the United Kingdom have the ability to take action against
perpetrators through the criminal justice route as well as through
the civil courts. Forced Marriage Protection Orders can be established
through the Forced Marriage Act 2007 and can be used to protect
victims from being forced into marriage whether religious or otherwise
and from being taken overseas. They are critical in cases where
the victim is in a country in which the FMU cannot assist, is overseas
and not a British national, where the freedom of movement is restricted
or where the FMU has no contact address. Since 16 June 2014, forced
marriage has become a criminal offence (Anti-social Behaviour, Crime
and Policing Act 2014) along with using deception with the intention
of causing another person to leave the United Kingdom for the purpose
of forcing that person to enter into marriage. If a person lacks
the capacity to consent (or is under the age of 16), conduct carried
out for the purpose of causing the victim to marry, whether or not
it amounts to violence, threats or any other form of coercion is
also an offence. In practical terms, the FMU helps victims through
a national helpline and email service by providing advice and support;
works with the police, social workers, teachers, welfare officers,
health professionals and many others in the United Kingdom to protect
people at risk; and helps to arrange safe accommodation in the United
Kingdom with the support of non-government organisations and charities. Overseas,
the FMU works closely with High Commissions and Embassies to ensure
safe return to the United Kingdom in cases where victims have fled
a forced marriage situation. This could involve issuing emergency travel
documents; arranging flights and safe transport to the airport;
providing emergency refuge accommodation or just advice and support.
64. Since July 2011, forced marriages in Germany have been recognised
as a separate criminal offence and are punishable by a prison term
of between six months and five years. The deadline for the annulment
of a forced marriage has been extended from one year to three years.
A right to return for foreign minors having their legal residence
in Germany was introduced to address cases of forced marriages concluded
abroad. In November 2012, a German study showed that victims of
forced marriages were in most cases subject to psychological violence
but also to physical assault to make them submit to the forced marriage.
65. In Spain, following the reform of the Penal Code in 2015,
new Article 172bis establishes a prison sentence of between six
months and three years to anyone obliging an individual to marry
by using violence or grave intimidation. The same sentence applies
to anyone forcing the victim to leave the Spanish territory to contract
a marriage abroad.
66. It is to be noted that Article 32 of the Istanbul Convention deals
with the civil consequences of a forced marriage and ensures that
such marriages may be “voidable, annulled or dissolved”.
– Female genital mutilation (Article
38)
67. Female genital mutilation (FGM) refers to all procedures involving
the partial or total removal of the external female genitalia or
other injury to the female genital organs for non-medical reasons
(World Health Organization (WHO), 2008). Inspired by this WHO classification,
Article 38 of the Istanbul Convention introduces the obligation
to criminalise such conduct, which can cause irreparable and lifelong
damage and is usually performed without the consent of the victim.
Due to the nature of FGM, this is one of the criminal offences that
break with the principle of gender neutrality of the criminal law
part of the convention as the victims are necessarily women or girls.
68. In October 2014, the United Kingdom underwent a major legal
reform in its fight against violence against women. Under the Serious
Crime Bill, if a girl is suspected to be at risk of FGM, courts
will from now on be able to use new FGM protection orders to prevent
her parents taking her out of the country. They could also pave the
way for a mandatory medical examination of girls believed to be
at risk, who will be required to live at a named address so that
authorities can check they have not been subjected to the practice.
69. As far as the legal and policy framework at the European Union
level is concerned, the European Parliament adopted a resolution
on combating female genital mutilation in the European Union,
while the European
Institute for Gender Equality (EIGE), together with the European
Commission, are currently developing a common methodology and indicators
to estimate risk of female genital mutilation in European Union
member States.
70. Amnesty International and the Council of Europe have released
a guide
to put FGM on the political agenda and
to promote the Istanbul Convention. This guide includes examples
of promising practices such as the “Statement opposing female circumcision”, an
official document developed by the Dutch Government in 2011 to help
parents withstand pressure from their families. The statement, which
exists in several languages, outlines the health consequences of
FGM and explains relevant Dutch legislation. Parents are given a
copy of the document by children’s health-care centres and school
doctors. “Ambassadors” against FGM for 2010-2011 were also appointed
to communicate on the dangers of the practice to parents who originally
come from countries where the custom is practised, such as Ethiopia,
Somalia and Sudan. This initiative was replicated by the United
Kingdom and Belgian Governments.
71. A report on female genital mutilation is currently being prepared
by my colleague Béatrice Fresko-Rolfo (Monaco, EPP/CD).
This report should favour a multidisciplinary
approach addressing the origins of the practice, the psycho-social
structures available for victims and recent medical advances to
repair damage to female sexual organs.
– Forced abortion and sterilisation
(Article 39)
72. This article establishes the criminal offence of forced abortion
and forced sterilisation for women and girls, breaking with the
principle of gender neutrality of the criminal law part of the Istanbul
Convention.
The term forced abortion
refers in the convention to the act of intentional termination of
pregnancy without prior and informed consent. Sterilisation means
surgery which is intended to end the capacity of a woman or a girl
to reproduce naturally. This sterilisation is forced if it is done
without the prior and informed consent of the woman or girl. Article
39 is in line with standards set out in the Convention on Human
Rights and Biomedicine (ETS No. 164).
73. This article acknowledges the importance of respecting women’s
reproductive rights, by allowing women to decide freely on the number
and spacing of their children and by ensuring their access to appropriate information
on natural reproduction and family planning. The convention does
not aim to criminalise any medical interventions or surgical procedures
which are carried out, for example, with the purpose of assisting a
woman by saving her life or for assisting a woman who lacks capacity
to consent.
74. The United Nations Convention on the Rights of Persons with
Disabilities also contains relevant articles on the issue of involuntary
sterilisation. Article 23 reinforces the right of people with disabilities
to found and maintain a family and to retain their fertility on
an equal basis with others. Article 12 reaffirms the right of persons
with disabilities to recognition everywhere as persons before the
law and to enjoy legal capacity on an equal basis with others, including
access to the support they may require to exercise their legal capacity. Article 25
clearly articulates that free and informed consent should be the
basis for providing health care to persons with disabilities. The
Committee on the Rights of Persons with Disabilities recommended
“the abolition of surgery and treatment without the full and informed
consent of the patient” in one of its first recommendations to a
State Party.
75. On 11 January 2013, the family division of the High Court
of Justice in the United Kingdom refused a request to proceed with
the forced abortion of a woman with mental disabilities, thus acknowledging
her capacity and her right to take her own decision about her pregnancy.
– Unacceptable justification
for crimes, including crimes committed in the name of so-called
“honour” (Article 42)
76. This article reinforces the obligation enshrined in Article
12.5 of the Istanbul Convention, where it calls on Parties to ensure
that culture, custom, religion, tradition or so-called “honour”
shall not be considered as justification for any acts of violence
covered by the scope of the convention. National criminal law and
criminal procedural law should not allow these justifications and
the personal convictions of the actors of the judicial system should
not lead to interpretations of the law that amount to a justification
on any of the above-mentioned grounds. The convention also sets
up the criminal liability of the instigator(s) of such crimes in
order to avoid any gaps in criminal liability, as these acts are
often committed by a child below the age of criminal responsibility,
at the instigation of an adult member of the family or community.
77. In many member States, killings in the name of honour seem
still to be understood as a problem of specific immigrating groups
and, despite increases, less than 15 of the reporting member States
have a national policy on this specific issue.
78. According to a study released by the European Commission in
2010, only five countries of the European Union (Denmark, Germany,
Netherlands, Sweden and the United Kingdom) have laws on honour-based violence;
these and two more (Belgium and Finland) have policies; and four
consider it as an aggravating factor.
79. In 2004, the Turkish Penal Code was largely reformed thanks
to the extensive work of the women’s movement in the country. Before
the reform, “killings in the name of honour” benefited from a reduction
of sentence. They can now be punished with a life sentence. Article
462 of the Penal Code, which previously granted sentence reductions
to a person killing or wounding a family member who had committed
adultery, was also abrogated, and violence against women accomplished
in the name of honour is now an aggravating factor.
80. Section II.B of the National action plan 2010-2014 of Belgium
was dedicated to so-called “honour”-related violence. Under this
section, measures had to be implemented to develop knowledge and
improve understanding of the problem. An extra measure is aimed
at continuing to develop a concerted approach between the federal
government, the communities and the regions with a view to preventing,
restricting and repressing honour-related violence.
81. Article 42 of the Istanbul Convention does not only refer
to so-called “honour crimes”, but to all kind of justifications
by culture, custom, religion or tradition. In the case of
Gökce v. Austria from the United
Nations Committee on the Elimination of Discrimination Against Women
(CEDAW), the Austrian authorities justified their failure to arrest
the perpetrator by defining his threats to kill Sahide as “harsh
statements resulting from his background”.
They
referred to the perpetrator’s migrant background and suggested that
such a type of threat is “normal” in his culture and might at best
be harsh but not illegal. In this way, an assumed cultural background
is used to qualify an act that is punishable by law, double standards
are introduced – threats in that culture have to be judged differently
from threats in the “Austrian” culture – and the victim is denied protection
from what, according to such reasoning, ceases to be a threat. Such
justifications of crimes are of concern and are potentially dangerous
for victims; they can easily lead to harm and to the violation of
the obligation to exercise due diligence actively to prevent violence
against women and protect victims as required in Article 5 of the
convention. They also lead to secondary victimisation of victims
in legal procedures. States Parties need to take effective measures
to ensure a due diligence approach and to hold accountable those State
actors not complying with it. The European Court of Human Rights
has, in recent years, dealt with several cases concerning the failure
to exercise due diligence in protecting victims.
2.3.2. Sanctions
and other measures
–
Sanctions and aggravating circumstances (Articles 45 and 46)
82. Article 45 of the Istanbul Convention requires Parties to
lay down sanctions which are “effective, proportionate and dissuasive”.
This includes providing for prison sentences that can give rise
to extradition where appropriate. Other measures may be adopted,
including the monitoring or supervision of convicted persons and
the withdrawal of parental rights, if the interests of the child,
which may include the safety of the victim, cannot be guaranteed
in any other way.
83. In France, Articles 221-5-5 and 222-48-2 of the Penal Code,
established by the Gender Equality Act, require that in case of
condemnation for a crime or offence committed by a parent against
his or her child or against the other parent of the child, the trial
court takes a decision on the total or partial removal of the parental authority,
in application of Articles 378 and 379-1 of the Civil Code.
84. Article 46 requires Parties to ensure that certain circumstances
may be taken into consideration as aggravating circumstances in
the determination of the penalty for offences established in the
convention, for instance for offences that were committed against
a former or current spouse or partner; or repeatedly; or against
or in the presence of a child.
85. The diversity of legal systems makes it very difficult to
form an accurate picture of how aggravating circumstances are regulated.
In France, certain offences committed against an (ex-)partner or
spouse, are always considered aggravated. The aggravated case can
be a distinct named offence, as is abuse of a position of trust
in German law, or maltreatment of a family member in Italian law.
When asked through a questionnaire, 46 member States gave a “yes”
response to at least one aspect of aggravating circumstances. A
total of 26 member States confirmed that each of the circumstances
named in the questionnaire was legally regarded as aggravating.
To give a clearer and more accurate picture of the situation however,
criminal and procedural laws of each country would need to be thoroughly
examined.
– Prohibition of mandatory alternative
dispute resolution processes or sentencing (Article 48)
86. “Mediation can be extremely problematic and indeed dangerous
in cases of violence against women, especially in cases of domestic
violence. Cases of violence against women involve unequal power relationships
between the parties, based on acts of assault, violent intimidation,
and/or controlling, abusive, or humiliating behaviour. Mediation
assumes that parties approach the process with equal resources and
power – which is often not the case in these situations.”
87. Several member States of the Council of Europe have provisions
for alternative dispute resolution and mediation in criminal and
civil law. If the Istanbul Convention does not deny the importance
and positive effects of such mechanisms for a modern justice system,
it calls for caution when such mechanisms are applied in the field
of violence against women and domestic violence.
88. Indeed, victims of violence never enter the alternative dispute
resolution process on an equal footing with perpetrators, and there
is a high risk that the process will have negative effects on them.
A key principle for using alternative measures is therefore that
the victim’s rights and needs are taken into account at all stages of
the procedure. According to Article 48, such measures should not
be mandatory, which implies that victims need to be consulted and
give their consent.
89. In Spain, the above-mentioned Organic Act 1/2004, in its Article
44.5, prohibits the use of the mediation in case of violence against
women.
90. Whereas in Austria, any victim-offender mediation in criminal
law cases can only be carried out with the consent of the victim
(paragraph 204.2 of the Criminal Procedure Law). Special procedures
have been developed in penal victim-offender mediation to protect
victims and to empower them: for example, the victim has the right
to be accompanied by a lawyer from a specialist women’s support
service (Intervention Centre) and she does not need to meet the
perpetrator in person.
91. In the UN Women Virtual Knowledge Center to End Violence against
Women and Girls, experts recommend guidelines on how mediation should
be used in cases of violence against women, including the need for
training for all those involved in facilitating mediation and the
possibility for women to opt out of mediation processes if they
so wish.
– Immediate response, prevention
and protection (Article 50)
92. The Istanbul Convention requires law enforcement agencies
to react promptly and appropriately by offering adequate and immediate
protection to victims, including the employment of preventive operational measures
and the collection of evidence. This can include the right of the
responsible law-enforcement agencies to enter the place where a
person at risk is present; the treatment and giving of advice to
victims by the responsible law-enforcement agencies in an appropriate
manner; hearing victims without delay by specially-trained, where
appropriate female, staff in premises that are designed to establish
a relationship of trust between the victim and the law-enforcement
personnel; and providing an adequate number of female law-enforcement
officers, including at high levels of responsibility.
93. In the United Kingdom, Northumbria police has joined forces
with a local women’s refuge to tackle violence against women. This
innovation involves teaming a police response officer in a patrol
car with a worker from the women’s refuge. While the officer gathers
evidence, the refuge worker talks to the victim, offers support
services, arranges a follow-up and, in some cases, may even remove
the woman to a place of safety immediately.
– Ex parte and ex officio proceedings
(Article 55)
94. According to the Istanbul Convention, the States Parties
have the obligation to ensure that investigations into a number
of categories of offences shall not be “wholly dependent” upon the
report or complaint filed by a victim and that any proceedings underway
may continue even after the victim has withdrawn her or his statement
or complaint. In order to encourage the victims to start criminal
proceedings, the convention calls on States Parties to ensure the
possibility of assistance and support of the victim by victim organisations,
specifically trained domestic violence counsellors or other types
of support and advocacy services.
95. The most recent systematic review of legislation and its implementation
in the European Union identified five States that require a victim
complaint or even private prosecution for violence within the family,
and only 19 States in which prosecution of rape is an obligation
of the public prosecutor
ex officio.
Some legal systems give the police responsibility for assessing
whether a charge should be made, as it is the tradition in British common
law. In such situations, the public prosecutor may not see cases
if the police have concluded that no crime was committed, as identified
in nine European Union States. However, several States announced
that legal changes are being undertaken to facilitate
ex officio prosecution.
96. In the Austrian Criminal Code of Procedure (sections 34, 36
and 84), ex officio prosecution
is possible in cases regarding all forms of violence, no matter
the level of injury.
97. In Austria, the Czech Republic, Germany, Luxembourg, the Netherlands
and Slovenia, police can issue an ex
officio eviction order to expel for 10 days a person
who endangers the life, the health or freedom of another person.
– Legal aid (Article 57)
98. Article 57 aims to ensure equal access to justice for all
the victims of violence against women. Judicial and administrative
procedures are often highly complex and the costs involved expensive.
The convention places an obligation on Parties to provide for the
right to legal assistance and to free legal aid for victims under the
conditions provided by their internal law.
99. All Council of Europe member States have legal aid mechanisms
both in criminal law and civil law fields but only two member States,
France and Luxembourg, provide free access to all courts for all
cases.
In most cases, victims
are subject to an economic means test from which victims of domestic
violence or sexual offences are generally exempted.
100. Six member States of the European Union (Austria, Belgium,
Denmark, Hungary, Italy and Lithuania) provide free legal advice
as a fundamental right to all victims of violence.
101. In Spain, the Organic Act 1/2004 states in its Article 20
that the victims of gender-based violence have the right to be defended
and represented free of charge by a lawyer or court representative
in all administrative processes and proceedings that are connected
directly or indirectly with the violence. This provision is the direct
implementation of Article 119 of the Spanish Constitution, which
guarantees legal assistance to all persons who can demonstrate insufficient
financial means. Free legal assistance covers among others: free advice
and guidance prior to the start of the proceedings; free defence
and representation by a lawyer and court lawyer during the legal
proceedings; and free assistance from experts during the proceedings.
In addition, the Act on Legal Aid of 2013 provides the right to
free legal aid and its immediate provision to victims of gender- based
violence regardless of the existence of sufficient resources to
litigate.
102. The Dutch system provides legal aid to people with a low income
(on payment of a proportionate own contribution) and legal aid free
of charge for victims of severe crimes of (sexual) violence. Since
1 April 2006, victims of severe (sexual) violence can apply for
free legal aid through a specialised lawyer, regardless of their financial
capacity. This aid is available for criminal and civil proceedings.
– Compensation (Article 30)
103. This article of the Istanbul Convention establishes the obligation
of the State to ensure that victims have the right to claim compensation
from the perpetrator. It also foresees that victims of serious bodily
injuries or impairment of health are awarded State compensation,
provided the damage is not covered by other sources such as insurance.
104. In Norway, victims who suffer an injury as a result of a criminal
act are entitled to compensation for victims of violent crimes from
the State. Not all types of criminal acts provide grounds for compensation. According
to the law, the act must be intended to endanger the life or health
or restrict the liberty of an individual. Acts of violence and sexual
assaults are examples of such acts. Children victims of violence
may also be awarded compensation as well as the relatives (spouse,
children and parents) if the death of the loved one results from
a criminal act.
105. No comparative information was found on how compensation in
the area of violence against women and domestic violence works in
different countries, apart from a report by the institute HEUNI
from 1999, which is outdated. Research regarding the implementation
and monitoring of the European Convention on the Compensation of
Victims of Violent Crimes (ETS No. 116) also did not bring any results.
Research is this field is definitely needed.
2.4. Integrated
policies and data collection
2.4.1. Comprehensive
and co-ordinated policies (Articles 7 and 10)
106. In its Article 7, the Istanbul
Convention calls on States to take the necessary legislative and
other measures to prevent and combat all forms of violence covered
by the convention and adopt comprehensive and co-ordinated policies
that place the rights of victims at the centre of all measures by
involving all relevant actors. To the question “Have you established
a comprehensive and co-ordinated policy addressing all forms of
violence covered by the Istanbul Convention and offering a holistic
response to violence against women?”, 23 member States answer in
the affirmative, 21 of which have laid it out in an overarching
Plan of Action or National Strategy.
107. In Portugal, a parliamentary working group was set up in March
2014 on the “legislative implications of the Istanbul Convention”
which aimed to identify the missing links between the legislation
and the Istanbul Convention. Composed of five members representing
the different parliamentary groups, it has organised hearings with
representatives of institutions and NGOs on female genital mutilation,
sexual harassment, rape and sexual coercion, forced marriage and
stalking. Eight draft laws complementing the Penal Code are being discussed
by the Committee on Constitutional Affairs, Rights, Freedom and
Liberties. They propose to establish female genital mutilation,
stalking, forced marriages and sexual harassment as criminal offences,
and to reinforce the criminalisation of rape and sexual coercion.
108. Based in Bordeaux (France), the Center for victims of sexual
assaults (CAUVA) ensures multidisciplinary care for women victims
of violence, with the intervention of forensic doctors, psychologists, social
workers, nurses and legal experts.
109. Cosc, an Irish word that means “to stop” or “to prevent”,
is the National Office for the Prevention of Domestic, Sexual and
Gender-based Violence in Ireland. It was established as an executive
office of the Department of Justice and Equality in 2007, with the
aim of ensuring the delivery of well co-ordinated government policies
against domestic and sexual violence against women and men.
110. In the Republic of Moldova, significant progress has been
made in the area of intersectoral co-operation with the development
of guidelines produced by the Ministry of Labour, Social Protection
and Family, based on Law 45-XVI of March 2007 on the elimination
of domestic violence, as amended in 2010. There are guidelines on
intersectoral co-operation for the identification of cases of domestic
violence, guidelines to identify (potential) victims of human trafficking,
and guidelines on intersectoral co-operation for the identification
and referral of children who are (potential) victims of violence.
Furthermore, a model Regulation regarding multidisciplinary team
activities at a local level within the national referral system
was drafted, and detailed guidelines on the role of the health sector
within the multisectoral approach to combat domestic violence were
issued.
111. In May 2015, a Special Commission on inquiring about the causes
of violence against women established within the Turkish Parliament
adopted a report that highlights the situation in Turkey.
This comprehensive report was prepared
with the contribution of different State bodies and it thoroughly
elaborates on the necessary legal and administrative measures that
should be taken in order to tackle domestic violence.
112. In its Article 10, the Istanbul Convention also obliges States
Parties to designate or establish co-ordinating bodies for implementing,
evaluating and monitoring policies to prevent and combat all forms
of violence against women. In 2013, 39 member States declared the
existence of a governmental co-ordinating body for implementation
of policies and measures to prevent and combat all forms of violence
against women, while 30 member States have a national body entrusted
with monitoring and evaluating such policies and measures.
113. On 25 April 2012, the Government of Sweden appointed Chief
Commissioner Carin Götblad as Swedish Domestic Violence co-ordinator.
Her tasks include bringing together and supporting the relevant
authorities, municipalities, county councils and organisations to
increase the effectiveness, quality and sustainability of the work
against violence in close relationships. “I recommend that prevention
of domestic violence be a national public health goal” stated Carin
Götblad when the final report with 50 recommendations was presented
on 27 June 2014. “We need to considerably improve our capacity to
work more broadly, co-operatively and more effectively. This means
that all of society must work towards and have understanding about
how one prevents violence in close relationships” she added.
2.4.2. Research
and data collection (Article 11)
114. The Istanbul Convention reaffirms
the importance of data collection and research to understand the nature
and prevalence of violence against women and domestic violence and
to design evidence-based policies to address it and assess how well
they work. In this regard, I sincerely welcome Ms Spadoni’s report on
“Systematic collection of data on violence against women”.
115. While there is still considerable disparity in the collection,
analysis and publication of police data, the number of member States
who have procedures for compiling disaggregated and integrated statistics
(that is, statistics that combine the information on age, sex and
relationship) on violence against women, or at least on domestic
violence, has been increasing. In a total of 23 member States, the
police record the recommended data, combine them, and publish the
results.
116. In 2004, the Government of Norway established a national Centre
for Violence and Traumatic Stress Studies (NKVTS). Its main objective
is to integrate and strengthen expertise in violence, sexual abuse, disasters
and refugees/asylum seekers through an interdisciplinary perspective,
which includes medical, psychological, social, cultural and legal
aspects. The centre is engaged in research and development, training, guidance
and counselling.
117. In Cyprus, an office dedicated to domestic violence and child
abuse operates within the Cyprus police. Its main responsibilities
are to monitor cases of domestic violence and child abuse reported
in police stations, to maintain an electronic registry of all cases
of domestic violence and issue yearly statistics, to review criminal files
and provide opinions, to train police officers on domestic violence
and child abuse and to publish awareness materials for the general
public.
3. Conclusions
118. The entry into force of the
Istanbul Convention has sent out a strong signal across Europe.
Violence against women has become an issue of great concern, ranking
high on political agendas. Related crimes should not go unpunished.
In reality, and despite major progress over the last decade, statistics
are still alarming. Thousands of women are killed every year and
the vast majority of perpetrators escape conviction. Not only should
national legislation be in conformity with the convention, it should
also be duly implemented.
119. Due to the economic crisis, prevention and assistance programmes
for victims of violence have been subjected to cuts all over Europe.
Women victims are more hesitant to leave their homes or ask their
partner to leave and are reluctant to file a complaint. When they
leave with their children, too many of them are turned away from
shelters because they cannot be accommodated. As stated by the Parliamentary
Assembly in
Resolution
2032 (2015) on equality and the crisis, the preservation of assistance
and protection systems is essential to the respect for women’s rights.
120. In this common fight against violence against women, parliamentarians
have a key role to play. As General Rapporteur on Violence against
Women and Political Co-ordinator of the Parliamentary Network Women
Free from Violence, I would like to underline the tireless commitment
of the Network members to the Istanbul Convention, promoting and
constantly raising legal and policy standards in the area of the
prevention of violence against women, the protection of victims
and the effective prosecution of perpetrators. These efforts finally
led to the entry into force of the convention. A new phase is now
commencing, in which national parliaments and the Parliamentary
Assembly are invited to take part in the monitoring process of the convention.
I hope this report will help them in their mission.