On October 1, 2023, the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention) entered into force for the European Union (EU). The instrument of accession had been deposited with the secretary general of the Council of Europe on June 28, 2023. The Istanbul Convention is the first comprehensive European legal framework on protecting women against all forms of violence, including domestic violence. It entered into force on August 1, 2014. The EU is the 38th state party. All EU member states have signed the Istanbul Convention, though only 21 have ratified it.
The Provisions of the Convention
The Istanbul Convention’s 81 provisions impose comprehensive obligations on the state parties regarding preventing and combating violence against women, including domestic violence; protecting victims; and prosecuting perpetrators. (Istanbul Convention arts. 2, para. 1; arts. 5, 12, 18, 29, 49, 50, 56.) Moreover, gender equality and the right to live free from violence are promoted. (Art. 4.) State parties are encouraged to apply the convention to all victims of domestic violence. (Art. 2, para. 2.)
The convention also establishes a specific monitoring mechanism obligating states to regularly report on legislative and other measures. (Art. 1, para. 2.) An independent group of experts, the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), evaluates the compliance of the implementing measures with the provisions of the convention. (Arts. 66, 68.)
Definitions
The Istanbul Convention considers “violence against women” as “a violation of human rights and a form of discrimination against women,” defining it as “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.” “Domestic violence” 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.” (Art. 3(a), (b).)
Proposed EU Directive on Combating Violence Against Women and Domestic Violence
To implement the objectives set out in the Istanbul Convention and address violence against women throughout the EU, on March 8, 2022, the European Commission adopted a legislative proposal for a Directive on Combating Violence Against Women and Domestic Violence. It “propos[es] measures in the following areas: the criminalisation of and sanctions for relevant offences; protection of victims and access to justice; victim support; prevention; coordination and cooperation.” In particular, it criminalizes certain forms of violence that disproportionately affect women, such as rape based on lack of consent and female genital mutilation. (Proposed Directive arts. 5, 6.) In addition, it takes into account cyber violence against women, which is not covered by the Istanbul Convention. (Arts. 7–10.) The legislative process involving the European Parliament and the Council of the European Union is ongoing.
Jenny Gesley, Law Library of Congress
October 11, 2023
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