Convention on preventing and combating violence against women and domestic violence

Istanbul Convention Council of Europe Convention on preventing and combating violence against women and domestic violence
Signed	11 May 2011
Location	Istanbul, Turkey
Entry	Not in force
Condition	10 Ratifications of which 8 from Council of Europe Members
Signaturies	23 (Complete List)
Ratifiers	1 (Complete List)
Depositary	Secretary General of the Council of Europe
Text	Link

The Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the Istanbul Convention,Council of Europe (CoE) (7 April 2011). “Convention on preventing and combating violence against women and domestic violence (“Istanbul Convention”). C.E.T.S. No. 210″. Retrieved 26 October 2012. is an international human rights instrument drawn up by the Council of Europe (CoE), which sets and calls for the implementation in Europe of legally binding standards to prevent violence against women and domestic violence , protect its victims and punish the perpetrators. The convention also seeks to address Masculinities and to call upon on all members of society, in particular men and boys, to change attitudes.Council of Europe (CoE). “Information leaflet on the convention”. Retrieved 26 October 2012.

The convention was adopted by the Council of Europe Committee of Ministers on 7 April 2011. It opened for signature to member and non-member states of the CoE on 11 May 2011 on the occasion of the 121st Session of the Committee of Ministers in Istanbul, Turkey and it will enter into force following 10 ratifications, 8 of which must be by CoE member states. As at October 2012, it has been signed by 23 countries and on 12 March 2012 Turkey has become the first country to ratify the Convention.

The convention is the second treaty in history, following the adoption in the Americas of the Convention of Belém do Pará, that specifically covers the issue of violence against women. It is considered to be a landmark treaty because it is the first legally binding instrument in Europe creating a comprehensive legal framework to protect women against all forms of violenceCouncil of Europe (CoE). “Council of Europe Convention on preventing and combating violence against women and domestic violence – Explanatory report”. Retrieved 26 October 2012. and in terms of scope, the most far reaching international treaty to tackle this serious violation of human rights.

Background

Since the 1990s, the Council of Europe, in particular its Steering Committee for Equality between Women and Men (CDEG),Council of Europe (CoE). “Steering Committee for Equality between Women and Men (CDEG)”. Retrieved 28 October 2012. has undertaken a series of initiatives to promote the protection of women against violence.

In 1993, the 3rd European Ministerial Conference on Equality between Women and Men was devoted to “Strategies for the elimination of violence against women in society: the media and other means”.Council of Europe (CoE) (1993). “3rd European Ministerial Conference on equality between women and men. Rome, 21-22 October 1993. Strategies for the elimination of violence against women in society: the media and other means”. Retrieved 26 October 2012.

An Action Plan to Combat Violence against Women which had subsequently been developed provided the first comprehensive policy framework for national administrations.

This was followed up in 2002 by the adoption of Council of Europe Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence.Council of Europe (CoE) (30 April 2002). “Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence”. Retrieved 28 October 2012. It represents a milestone in that it proposed, for the first time in Europe, a comprehensive strategy for the prevention of violence against women and the protection of victims in all Council of Europe member states. Since 2002, it has served as the most important reference text for member states in combating violence against women. Reports of its implementation and on states’ progress in the area, has showed that, particularly in the areas of legislation, police investigation and prosecution, although much had been done to enhance the criminal law response to violence against women, many gaps remained, and that in some areas, notably the provision of services for victims, signs of progress were scarce.

To give new impetus to the eradication of violence against women, in 2005, The decision was taken at their 3rd Summit, in Warsaw, Poland, 16-17 May 2005. the Heads of State and Government of the Council of Europe member states decided to carry out a Europe-wide campaign, from 2006-2008, on the issue, devised and closely monitored by the Council of Europe Task Force to Combat Violence against Women.Council of Europe (CoE). “The Council of Europe Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV)”. Retrieved 28 October 2012. The campaign was conducted at three levels: intergovernmental, parliamentary and local. Member states were asked to make significant progress in four main areas: legal and policy measures, support and protection for victims, data collection and awareness raising. They were also invited to carry out national campaigns to lobby for stronger implementation of Recommendation Rec(2002)5.

Meanwhile, the Parliamentary Assembly adopted a number of resolutions and recommendations on the various forms of violence against women; in particular, Resolution 1247 (2001) on female genital mutilation,Council of Europe (CoE). Parliamentary Assembly Resolution 1247 (2001) on female genital mutilation. Retrieved 28 October 2012. Resolution 1582 (2002) on domestic violence,Council of Europe (CoE). Parliamentary Assembly Resolution 1582 (2002) on domestic violence. Retrieved 28 October 2012. Resolution 1327 (2003) on so-called “ honour crimes ”,Council of Europe (CoE). Parliamentary Assembly Resolution 1327 (2003) on so-called “honour crimes”. Retrieved 28 October 2012. Recommendation 1723 (2005) on forced marriages and Child marriage,Council of Europe (CoE). Parliamentary Assembly Resolution 1723 (2005) on forced marriages and child marriages. Retrieved 28 October 2012. Recommendation 1777 (2007) on sexual assaults linked to “date-rape drugs”Council of Europe (CoE). Parliamentary Assembly Resolution 1777 (2007) on sexual assaults linked to “date-rape drugs”. Retrieved 28 October 2012. and, more recently, Resolution 1654 (2009) on FeminicidesCouncil of Europe (CoE). Parliamentary Assembly Resolution 1654 (2009) on Feminicides. Retrieved 28 October 2012. and Resolution 1691 (2009) on rape of women, including marital rape.Council of Europe (CoE). Parliamentary Assembly Resolution 1691 (2009) on rape of women, including marital rape. Retrieved 28 October 2012.

Despite the positive results from such recommendations and the good practice and initiatives in many different member states, the 2006-2008 Europe-wide campaign (above) revealed the magnitude of the problem of violence against women and the lack of harmonised legal standards across Europe. The Task Force therefore recommended in its Final Activity Report (EG-TFV (2008) 6) that the Council of Europe develop a human rights convention to prevent and combat violence against women.Council of Europe (CoE) Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV) (2008). “Final Activity Report”. Retrieved 28 October 2012. The need for a Council of Europe legal instrument on violence against women was confirmed by the European Committee on Crime Problems (CDPC) following the results of the “Feasibility study for a convention against domestic violence” (CDPC (2007) 09 rev).European Committee on Crime Problems (CDPC) (2007)“Feasibility study for a convention against domestic violence”. Retrieved 28 October 2012.

As a result, the Ministers’ Deputies of the Council of Europe adopted, at their 1044th meeting on 10 December 2008, the terms of reference for the Ad Hoc Committee on Preventing and Combating Violence against Women and Domestic Violence (CAHVIO),Council of Europe (CoE) – Council of Ministers. (1044th meeting – 10 December 2008 ). “Elaboration of a Council of Europe convention on violence against women and domestic violence “. Retrieved 28 October 2012.Council of Europe (CoE) – Council of Ministers. (1044th meeting – 10 December 2008 ). “Terms of reference of the Ad hoc Committee on preventing and combating violence against women and domestic violence”. Retrieved 28 October 2012. an expert group mandated to prepare a draft convention in the field of violence against women. In just two years, following the preparation of an interim report and discussions on a draft,Council of Europe (CoE). “Ad Hoc Committee on preventing and combating violence against women and domestic violence (CAHVIO)”. Retrieved 28 October 2012. the text of the draft convention was approved by the CAHVIO during its meeting in December 2010 and transmitted to the Committee of Ministers for submission to the Parliamentary Assembly for opinion. On 11 March 2011, the Parliamentary Assembly gave its opinion on the draft convention and on 7 April 2011, the Convention on preventing and combating violence against women and domestic violence was adopted by the Council of Europe Committee of Ministers.

Controversies

During the later stage of drafting of the convention, the the United Kingdom (UK), Italy , the Russian Federation and the Holy See have proposed several amendments to limit the requirements provided by the Convention. These amendments have been criticized by Amnesty International.Amnesty International (AI) (16 March 2011). “Time to take a stand: Amnesty International opposes amendments that will weaken the Council of Europe treaty on violence against women”. Retrieved 28 October 2012.

Main provisions of the convention

The convention contains 81 articles separated into 12 chapters.

Purposes of the convention

The purposes of this Convention are to:

a. protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence;

b. contribute to the elimination of all forms of discrimination against women and promote substantive equality between women and men, including by empowering women;

c. design a comprehensive framework, policies and measures for the protection of and assistance to all victims of violence against women and domestic violence;

d. promote international co-operation with a view to eliminating violence against women and domestic violence;

e. provide support and assistance to organisations and law enforcement agencies to effectively co-operate in order to adopt an integrated approach to eliminating violence against women and domestic violence (Article 1).

Persons protected and definition of violence

The convention applies to all forms of violence against women and girls, with particular attention to women victims of gender-based violence (Article 2). “Violence against women” is defined as a violation of human rights and a form of discrimination against women, and means all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life (Article 3(a)). Violence against women includes “domestic violence”, which means all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim (Article 3(b). The convention establishes a number of offences that fall under the general definition of violence against women, each of which must be included in the national laws of the ratifying states (see below).

Groundbreaking features of the convention

The convention recognises violence against women as a violation of human rights and a form of discrimination. This means that states are held responsible if they do not respond adequately to such violence. In addition, the convention’s far-reaching scope is exemplified by states’ obligation to condemn all forms of discrimination against women, whether or not related to violence against women, and take, without delay, the necessary legislative and other measures to prevent it, in particular by:

– embodying in their national constitutions or other appropriate legislation the principle of equality between women and men and ensuring the practical realisation of this principle;

– prohibiting discrimination against women, including through the use of sanctions, where appropriate;

– abolishing laws and practices which discriminate against women (Article 4(2)).

The convention therefore recognises that the enjoyment of the right to be free from violence is interconnected with the parties’ obligation to secure equality between women and men to exercise and enjoy all civil, political, economic, social and cultural rights as set out in the human rights instruments of the Council of Europe, particularly the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and its Protocols and the European Social Charter, and other international instruments, particularly the United Nations CEDAW (CEDAW), to which they are parties.

It is the first international treaty to contain a definition of gender: ““gender” shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men” (Article 3(c)). This means that it is now recognised that women and men are not only biologically female or male, but that there is also a socially constructed category of gender that assigns women and men their particular roles and behaviours. Research has shown that certain roles and behaviours can contribute to make violence against women acceptable. Accordingly, the convention also defines this specific type of violence: ““gender-based violence against women” shall mean violence that is directed against a woman because she is a woman or that affects women disproportionately” (Article 3(d)).

The convention recognises that there are groups of women and girls that are often at greater risk of experiencing violence, and therefore more “vulnerable”. For this reason, the convention reaffirms in several articles the states’ obligation to ensure that the specific needs of such vulnerable persons are taken into account. Persons made vulnerable by particular circumstances include: pregnant women and women with young children, persons with disabilities, including those with mental or cognitive impairments, persons living in rural or remote areas, substance abusers, prostitutes, persons of national or ethnic minority background, migrants – including undocumented migrants and refugees, gay men, lesbian women, bisexual and transgender persons as well as HIV-positive persons, homeless persons, children and the elderly (see, inter alia, Articles 12 and 18, and Chapter VII, titled “Migration and asylum”).

In addition to ensuring that physical violence (Article 35) and sexual violence, including Rape (Article 36) are subject to criminal or other legal sanction, the convention introduces a set of groundbreaking criminal offences such as Forced marriage (Article 37), Female genital cutting (Article 38), forced abortion and Forced Sterilization (Article 39), and crimes committed in the name of (Article 42). The Convention also obliges states to tackle psychological violence (Article 33), stalking (Article 34) and Sexual Harassment (Article 40) through their criminal law or by administrative or other legal sanctions. This means that states will have to introduce important offences which did not before exist in their legal systems. It also sends a clear message that violence against women and domestic violence are not private matters. On the contrary, the intimacy and trust connected with the relationship constitutes an aggravating circumstance and a heavier sentence can be imposed on the perpetrator when the victim is a spouse, partner or a member of the family (Article 46).

With respect to extenuating circumstances, the convention emphasises that states are obliged to ensure that culture, custom, religion, tradition or so-called “honour” are not invoked as grounds to justify any act of violence covered by the scope of the convention (Articles 12(5) and 42). Indeed, the convention recognises that existing patterns of behaviour of women and men are often influenced by prejudices, gender stereotypes and gender-biased customs or traditions. Parties to the convention are therefore required to take all those positive measures that are necessary to promote changes in mentality and attitudes (Article 12(1)), including through education and targeted teaching material (Article 14) as well as through programmes aimed at teaching perpetrators of domestic violence to adopt non-violent behaviour (Article 16), essentially making Working with men and boys to advance gender equality a priority area.

It calls for the involvement of all relevant actors, such as government agencies, the national, regional and local parliaments and authorities, national human rights institutions and civil society organisations (Articles 7 and 9), so that violence against women and domestic violence are tackled in a co-ordinated way. This means that agencies and non-governmental organisations (NGOs) should not act alone but work out protocols for co-operation.

Duties of state-parties

On a general level, states are obliged to exercise due diligence in relation to acts covered by the scope of the convention (Article 5(2)). The drafters considered it important to enshrine a principle of due diligence in order to convey the idea that states do not merely have an obligation of result, but they also have an obligation of means – states are therefore required to organise their response to all forms of violence covered by the scope of the convention in a way that allows relevant authorities to diligently prevent, investigate, punish and provide reparation for such acts of violence. Failure to do so incurs state responsibility for an act otherwise solely attributed to a non-state actor.

Similar to other conventions negotiated at the level of the Council of Europe, this convention follows the “three Ps” structure of “Prevention”, “Protection”, and “Prosecution”. However, since an effective response to all forms of violence covered by the scope of this convention requires more than measures in these three fields, the drafters considered it necessary to include an additional “P” – “integrated Policies”. The duties of states, under these headings, include, but are not limited to, the following:

Prevention

• change attitudes, gender roles and stereotypes that make violence against women acceptable (Article 12), including through the establishment of preventive intervention and treatment programmes aimed at helping perpetrators to changing attitudes (Article 16);
• raise awareness of the different forms of violence and their traumatising nature (Article 13);
• include teaching material on equality issues in the curricula at all levels of education (Article 14);
• train professionals working with victims (Article 15);
• co-operate with NGOs, the media and the private sector to reach out to the public (Article 17).

Protection

• ensure that the needs and safety of victims are placed at the heart of all measures (Article 18);
• ensure general welfare services, as well as set up specialised support services that provide information to victims, medical assistance, and psychological and legal counselling to victims and their children (Articles 19, 20, 21, 22, 25 and 26);
• set up shelters in sufficient numbers (Article 23) and introduce free of charge round-the-clock telephone helplines (Article 24);
• establish a reporting system for such offences to be reported (Articles 27 and 28).

Prosecution

• ensure that violence against women is criminalised and appropriately punished (Chapter V and Chapetr VI);
• ensure that excuses on the grounds of culture, custom, religion or so-called “honour” are unacceptable for any act of violence (Article 42);
• ensure that law enforcement agencies respond immediately to calls for assistance and manage dangerous situations adequately (Article 50);
• ensure that victims have access to special protection measures during investigation and judicial proceedings (Articles 50, 52, 53, and, in particular, Article 56.

Integrated Policies

• devise and implement policies which would comprise a multitude of measures to be taken by different actors and agencies, with particular emphasis on NGOs and civil society, and which, taken as a whole, offer a holistic response to violence against women (Articles 7 and 9);
• to allocate financial and human resources for activities carried out by NGOs and civil society (Article 8).

Monitoring Mechanism

Chapter IX of the convention contains provisions which aim to ensure the effective implementation of the convention by the parties, through the establishment of a monitoring mechanism. This monitoring mechanism is constituted by a Group of Experts on action against violence against women and domestic violence – “GREVIO” – which is an expert body, composed of independent and highly qualified experts in the fields of human rights, gender equality, violence against women and domestic violence, criminal law and in assistance to and protection of victims of violence against women and domestic violence, with the task of “monitoring the implementation of this Convention by the Parties” (Article 66). Another pillar of the monitoring system is the Committee of the Parties, composed of the representatives of the state parties to the convention (Article 67).

Under the convention’s provisions on procedure (Article 68), the Committee of Parties is expected to report, from time to time, on the implementation of the convention. The GREVIO, on its part, may also receive information from NGOs and civil society as well as national institutions for the protection of human rights, and it may issue its own conclusions and recommendations to state parties regarding implementation of the convention. The interaction between the GREVIO and the Committee of the Parties is meant to stimulate dialogue and is such that in all circumstances the independence of the GREVIO is ensured and it is solely responsible for establishing the monitoring and evaluation procedures.

See also

• Convention of Bélem do Pará
• New Council of Europe treaty preventing and combating violence against women and domestic violence
• Violence against women

References

External links

• Council of Europe (CoE) – Official website
• Text of convention; Explanatory report; Signatures and ratifications
• List of declarations, reservations and other communications

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