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| About the Convention |
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The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence is the most comprehensive international agreement in this area. Its aim is to establish a zero tolerance for various forms of violence to which women are exposed. It seeks to change the mindset and mentality of individuals, calling the entire society to change its attitudes. The Convention lays the foundation for the introduction of new criminal offenses, to efficiently prevent violence, protect victims and prosecute perpetrators of violence. It calls for active participation of all relevant institutions and civil society organisations, through cooperation defined by rules and protocols. The Convention recognises violence against women as a violation of basic human rights. It states that violence against women is a manifestation of historically unequal power relations between women and men, which is the cause of male domination and discrimination of women. The Convention obliges the parties which have confirmed it to take the necessary legislative and other measures to improve the rights of women, in particular measures to protect victims' rights, without discrimination on any grounds. Parties are obliged to ensure that public authorities, officials, administrators, institutions and all other stakeholders, acting on behalf of the party, act in accordance with the made commitments. Parties are obliged to take necessary measures to exercise due diligence to prevent, investigate, punish and provide reparation for acts of violence covered by scope of this Convention. |
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PREVENTION The Convention is strongly focused on the prevention of violence against women and domestic violence. Parties committed by the Convention should provide: |
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• changes in the social and cultural patterns of behaviour of women and men with a view to eradicating stereotypes and prejudices, as well as customs and traditions that make a woman less valuable than men • campaigns aimed at raising public awareness of the various manifestations of violence, its consequences and unacceptability of violent behaviour • introduction of the content related to equality between women and men in the education system, non-violent conflict resolution, violence against women, right to freedom of choice and freedom from violence • training for employees who deal with victims or perpetrators of violence on the prevention and detection of violence, needs and rights of victims, prevention of further victimisation (secondary victimisation) • establishment of a programme for working with perpetrators of violence, with full safety and support for victims. |
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PROTECTION AND SUPPORT TO VICTIMS The Convention seeks to establish effective cooperation between all competent authorities: courts, public prosecutors, police, social and health institutions, local governments, civil society organisations and other relevant organisations and individuals in providing protection and support to victims and witnesses of all forms of violence covered by the scope of the Convention. Parties are obliged that all measures of protection and support to the victims are: |
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• based on understanding of violence against women and domestic violence from the perspective of human rights • based on an integrated approach, which takes into account all the actors and the wider context • aimed at avoiding secondary victimisation • aimed at the empowerment and economic independence of women victims of violence • tailored to the specific needs of vulnerable people and are made easily available to them. |
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Support to the victims should not depend on the willingness of the victim to file a complaint or to testify against any perpetrator of violence. General support services should facilitate recovery from violence and include: |
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• legal and psychological counselling • financial assistance • housing • education, training and assistance in finding employment. |
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Free of charge telephone helplines, available round the clock, 7 days a week, should cover the entire territory of the country and give advice in a confidential form (to anonymous callers) about all forms of violence. Specialised support services for victims of violence should include: |
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• easily accessible "safe houses" for safe accommodation and a proactive approach to women and their children • adequate, easily accessible crisis centres for cases of rape i.e. centres for victims of sexual violence, which provide medical, laboratory and forensic services • protection and support for children witness of violence against their mothers. |
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The police are obliged to promptly and appropriately respond to all forms of violence covered by the scope of the Convention. Parties are obliged to ensure that the police and other competent authorities are granted the power to order, in situations of immediate danger, a perpetrator of domestic violence to vacate the residence of the victim or person at risk for a sufficient period of time and to prohibit the perpetrator from entering the residence of or contacting the victim or person at risk. PROSECUTION AND PUNISHMENT The Convention requires that the different forms of violence against women and domestic violence are punishable by law: |
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• all forms of physical violence • psychological violence, intimidation and coercion • economic violence • persecution • sexual violence and sexual harassment • forced marriage • female genital mutilation • forced abortion and forced sterilization • acts committed in the name of so-called "honour" • aiding or abetting the commission of the mentioned offenses. |
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Parties are obliged to take the necessary legislative or other measures to ensure that the offences are punishable by effective, proportionate and dissuasive sanctions, taking into account their seriousness. These sanctions can include, where appropriate, sentences involving the deprivation of liberty. Party may apply other measures to the perpetrator, such as monitoring of convicted persons and withdrawal of parental rights, if the principle of the best interests of the child, which may include the safety of the victim, cannot be guaranteed in any other way. In determining the sentence in line with the criminal offenses under the Convention parties are obliged to take into account the following factors: |
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• offences committed against a former or current spouse or partner by a member of the family, a person cohabiting with the victim or a person having abused her or his authority • offence, or related offences committed repeatedly • offences committed against a person made vulnerable by particular circumstances • offences committed against or in the presence of a child • offences committed by two or more people acting together • offences preceded or accompanied by extreme levels of violence • offences committed with the use or threat of a weapon • offences resulted in severe physical or psychological harm for the victim • where the perpetrator had previously been convicted of offences of a similar nature. |
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Referral to mandatory alternative dispute resolution, including mediation and conciliation, is prohibited in the case of any form of violence covered by the scope of this Convention. Parties are obliged to carry out all investigative procedures related to criminal offences without undue delay. It is requested that all public authorities conduct the necessary assessment of security risks and provide adequate protection and support to victims and witnesses of violence throughout the investigation process. In a situation of imminent danger, the competent authorities must be granted the power to order a perpetrator to vacate the residence of the victim. Parties are obliged to ensure the effective implementation of other restraining and protection measures. The prosecution of some criminal offences established in accordance with this Convention are ex officio and do not entirely depend on a report or complaint filed by a victim, and the proceedings may continue even if the victim withdraws her or his statement or complaint. The victims in these proceedings may seek and receive support and advisors from government or nongovernmental organisations. Party is obliged to undertake a series of measures to guarantee and protect the rights and interests of victims. Parties are obliged to take measures for persons whose residence depends on the marital status to obtain the independent residence permit regardless of the length of marriage or relationship. Furthermore, parties are obliged to take measures to recognise gender-based violence against women as a form of persecution, as well as to prohibit the expulsion of women who are subjected to this type of violence. INTEGRATED POLICIES AND MONITORING The Convention states that no special authority, institution or organisation can independently solve the problem of violence against women and domestic violence. For an effective response cooperation and coordination among all relevant government agencies and institutions and civil society organisations are necessary. It is expected from the Government, National Assembly and local governments to send a clear message to society as a whole that violence – any violence - is not a way to solve problems. Everyone must understand that from now on violence against women and domestic violence will not be tolerated. Parties are obliged to designate or establish one or more bodies that need to coordinate, implement, monitor and evaluate policies and measures to prevent all forms of violence covered by the scope of the Convention. Obligations of these bodies are to collect data, perform analysis, and publish results. Parties are obliged to provide adequate financial and human resources for the adequate implementation of integrated policies, measures and programmes to prevent all forms of violence against women and domestic violence, including those implemented by civil society organisations. In order to monitor how parties are fulfilling their obligations under the Convention, the Council of Europe will form a working group of experts (GREVIO) and analyse the reports prepared by parties every four years. At the same time, the group will receive information and reports from civil society organisations. If the information is insufficient or an issue requires immediate attention, the working group of the Council of Europe will be able to visit the country and look for answers. This working group will adopt the reports, which should help parties to better implement all the provisions of the Convention. The reports will be submitted to the Committee of Ministers of the Council of Europe that adopts the working group reports. The Convention calls on national parliaments to be involved in the continuous monitoring of the implementation of the Convention provisions. |
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| The contents of the website are the sole responsibility of Autonomous Women’s Center and can under no circumstances be regarded as reflecting the position of the European Union. | ||
| Campaign is supported by: | ||
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| The contents of the website are the sole responsibility of Autonomous Women’s Center and can under no circumstances be regarded as reflecting the position of the European Union. | ||
