Module 6: International standards and legal frameworks in Europe

1. International frameworks
1.1. Universal Declaration of Human Rights (UDHR)
1.2. Beijing Declaration and Platform for Action
1.3. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
1.4. Declaration on the Elimination of Violence Against Women (DEVAW)
1.5. UN Convention on the Rights of the Child (CRC)
1.6. Convention on the Rights of Persons with Disabilities (CRPD)
1.7. 1951 Refugee Convention
1.8. UN-Resolutions
1.9. UN Sustainable Development Goals (SDGs)
1.10. European Convention on Human Rights (ECHR)
1.11. Convention on Cybercrime (Budapest Convention)
1.12. Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention)
1.13. Victims’ Rights Directive
1.14. European Parliament Resolution (16/09/2021)

Spotlight on the Istanbul Convention
2. Key facts about the Istanbul Convention

3. National frameworks

Sources

Introduction

Welcome to Module 6 on “International standards and legal frameworks in Europe“. Module 6 will give you an overview of international frameworks such as the Istanbul Convention and how these can be implemented, as well as national legal frameworks of the partner countries in the IMPROVE and VIPROM projects.

Learning objectives

+ Understanding what kind of international standards and legal frameworks exist in Europe

Of note, the learning materials are not presenting national legal frameworks of all European countries; they rather present overarching principles of some countries (Austria, Finland, France, Germany, Greece, Hungary, Italy, Portugal, Spain, Sweden).

1. International frameworks

This section compiles international and European conventions and declarations, binding nations to recognise violence against women as a human rights violation. Countries ratifying these agreements commit to integrating global standards into their domestic laws. Additionally, strategic frameworks and policy documents targeting domestic violence are included for reference.

General standards

International organisations have defined a set of minimum standards which governments and service providers should achieve and implement in order to meet their international obligation to investigate and punish acts of violence, provide protection to victims and prevent domestic violence.

  • The foundations for the basic standards encompass confidentiality, safety, security and respect for service users, accessibility, and availability.
  • Support should be available free of charge and interventions should employ the principles of empowerment and self-determination.
  • Service providers should be skilled, gender-sensitive, have ongoing training and conduct their work in accordance with clear guidelines, protocols, and ethic codes and, where possible, provide female staff.
  • Each service provider should maintain the confidentiality and privacy of the victim and should co-operate and co-ordinate with all other relevant services. It should monitor and evaluate service provision, seeking participation of service users.
  • The expertise of the specialised NGOs should be recognised.
  • Standards also stress the importance of integration in approaches to domestic violence. They emphasise inter-agency co-ordination and the establishment of intervention chains, referral processes, and protocols.
  • The best way to deliver services is through ‘one-stop shop’ or multidisciplinary teams, as well as ‘one-stop person’ approaches.
  • Where appropriate, a range of protection and support services should be located on the same premises.

1.1. Universal Declaration of Human Rights (UDHR)

“The most translated document in the world”

United Nations
Search translations

The UDHR, adopted in 1948, establishes fundamental human rights principles. Relevant articles include Article 5, emphasising the right to freedom and security, which is pertinent in the context of domestic violence.1

Learn more about the UDHR in the following video:

The following images illustrate and explain the articles of the UDHR in a simplified form:

Source: United Nations. Illustrated Universal Declaration of Human Rights. https://www.ohchr.org/en/universal-declaration-of-human-rights/illustrated-universal-declaration-human-rights

United Nations. 1948. Universal Declaration of Human Rights (UDHR). https://www.un.org/en/about-us/universal-declaration-of-human-rights

1.2. Beijing Declaration and Platform for Action

“The most progressive blueprint ever for advancing women’s rights”

UN Women

From the Fourth World Conference on Women in 1995, this declaration emphasises the importance of eliminating violence against women, including in the domestic sphere. It calls for strategic actions to address this issue.2

The Platform of Action covers 12 critical areas of concern:

Source: UN Women. 12 critical areas.

The Platform also sets an agenda for governments, international organisations, civil society and the private sector to safeguard women’s human rights and to ensure that gender is taken into account in all national, regional and international policies and programmes.

Progress on implementation of the Beijing Platform for Action (BPFA) is reviewed by the Commission on the Status of Women (CSW) every five years. In this regard, and since the first review in 2000, the United Nations Regional Commissions have been mandated to prepare, in collaboration with regional organisations, regional reports on progress made towards the implementation of the BPFA. These reports are based on national reviews conducted by each of the United Nations member countries, and feed into a global report which is consolidated by the CSW Secretariat at UN Women and presented by the Secretary General to the General Assembly.

To date, five reviews have been conducted – in 2000, 2005, 2010, 2015 and 2020 – with each review resulting in an outcome document in which countries pledge to continue their efforts towards achieving global commitments relating to the rights of women and girls. The outcome document further outlines priority actions for the coming five years.

Source: United Nations. 1995. Beijing Declaration and Platform for Action. https://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf

1.3. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

Adopted in 1979, CEDAW is a pivotal instrument for promoting women’s rights. Article 2(f) includes the obligation to eliminate all forms of discrimination against women, encompassing gender-based violence, including domestic violence.3

The “CEDAW Quick & Concise” series explains the three main principles of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Principle I: Substantive equality

Principle II: Non-discrimination

Principle III: State obligation

United Nations. 1979. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women

1.4. Declaration on the Elimination of Violence Against Women (DEVAW)

“Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, social, cultural, civil or any other field.”

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Art 1

Adopted by the United Nations General Assembly in 1993, DEVAW is a comprehensive document addressing violence against women, which includes domestic violence. It calls for the eradication of violence and the promotion of gender equality.4

Task for reflection
Watch the video about Sarah’s story and answer the following questions.

(1) What forms of violence does Sarah experience in her marriage?
(2) What could be the consequences of such violence?
(3) Why do many victims not seek help?
(4) What essential services can help victims of violence like Sarah?
(5) How can these services improve help for victims?

The 16 Days of Activism against Gender-Based Violence

  • The 16 Days of Activism against Gender-Based Violence is an annual international campaign that kicks off on 25 November, the International Day for the Elimination of Violence against Women, and runs until 10 December, Human Rights Day.
  • The campaign was started by activists at the inauguration of the Women’s Global Leadership Institute in 1991.
  • It is used as an organising strategy by individuals and organisations around the world to call for the prevention and elimination of violence against women and girls.
  • In support of this civil society initiative, the United Nations Secretary-General launched in 2008 the campaign UNITE by 2030 to End Violence against Women, which runs parallel to the 16 Days of Activism.
  • Every year, the UNITE Campaign focuses on a specific theme.
Source: UN Women Asia and the Pacific. In Focus: 16 Days of Activism against Gender-Based Violence.

The Global Database on Violence against Women is an online resource designed to provide comprehensive and up-to-date information on measures taken by governments to address violence against women, in the areas of laws and policies, prevention, services and statistical data.

Source: United Nations. 1993. Declaration on the Elimination of Violence against Women. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination-violence-against-women

1.5. UN Convention on the Rights of the Child (CRC)

The UN Convention on the Rights of the Child (CRC) is a legally-binding international agreement setting out the civil, political, economic, social and cultural rights of every child, regardless of their race, religion or abilities. Although primarily focused on the rights of children, the CRC is relevant to domestic violence when it impacts children. Article 19 specifically addresses the protection of children from all forms of violence, abuse, and neglect.5

Take a look at the following images to find out what the other articles cover:

Source: Save the Children’s Child Rights Resource Centre. The United Nations Convention on the Rights of the Child: The Children’s Version.

Source: United Nations. 1989. Convention on the Rights of the Child. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child

1.6. Convention on the Rights of Persons with Disabilities (CRPD)

The CRPD, adopted in 2006, emphasises the rights of persons with disabilities, including protection from exploitation, violence, and abuse. Individuals with disabilities may face increased vulnerability to domestic violence, and the convention calls for measures to ensure their protection.6

In the following video, people with disabilities explain the rights under the CRPD:

Source: United Nations. 2006. Convention on the Rights of Persons with Disabilities. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities

1.7. 1951 Refugee Convention

The 1951 Refugee Convention is a significant international instrument that specifically addresses the rights and protections afforded to refugees, including those who may be fleeing situations involving domestic violence or other forms of persecution. The convention outlines the rights and benefits that should be afforded to refugees, including access to the legal and health system.7

The following video dives deeper into the Refugee Convention:

Find more information about the convention here: https://www.unhcr.org/about-unhcr/who-we-are/1951-refugee-convention

Source: UNHCR. The UN Refugee Agency. Convention and Protocol Relating to the Status of Refugees. https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees

1.8. UN-Resolutions

Various UN resolutions emphasise protection against violence, particularly gender-based violence.

The following video explains the role of the UN in fighting violence against women:

In addition to these major resolutions mentioned in the video, the subject of violence against women has also been addressed in several other resolutions. A complete list of General Assembly resolutions and accompanying reports on violence against women can be found on the UN Women website.

1.9. UN Sustainable Development Goals (SDGs)

“The world is not on track to achieve gender equality by 2030”

The Global Sustainable Development Goals Report 2023, United Nations

The 2030 Agenda for Sustainable Development, unanimously adopted by all United Nations Member States in 2015, serves as a collective framework for promoting global peace, prosperity, and sustainability. At its core are the 17 Sustainable Development Goals (SDGs), which urgently call for collaborative action from all nations, both developed and developing, within a global partnership. These goals recognise the interconnectedness of ending poverty and deprivation alongside initiatives to enhance health and education, diminish inequality, stimulate economic growth, address climate change, and preserve our oceans and forests.8

Do you know all 17 SDGs?

Every year, the UN Secretary General presents an annual SDG Progress report, which is developed in cooperation with the UN System, and based on the global indicator framework and data produced by national statistical systems and information collected at the regional level.

Additionally, the Global Sustainable Development Report is produced once every four years to inform the quadrennial SDG review deliberations at the General Assembly. It is written by an Independent Group of Scientists appointed by the Secretary-General.

Goal 5 of the SDGs focuses on gender equality and the elimination of violence against women and girls. Domestic violence is closely tied to achieving these goals.

Source: United Nations. 2015. Transforming our world: the 2030 Agenda for Sustainable Development. https://sdgs.un.org/2030agenda

1.10. European Convention on Human Rights (ECHR)

The ECHR, under the Council of Europe, safeguards fundamental rights. Articles such as Article 3 (prohibition of torture and inhuman or degrading treatment) are applicable to cases of domestic violence.9

How does the ECHR work?

Below you will find some case studies to help you understand how the ECHR works in practice:

Find more case studies on domestic violence here: https://www.echr.coe.int/Documents/FS_Domestic_violence_ENG.pdf

Source: European Court of Human Rights. European Convention on Human RIghts. https://www.echr.coe.int/european-convention-on-human-rights

1.11. Convention on Cybercrime (Budapest Convention)

While primarily focused on cybercrime, this Council of Europe convention addresses offenses related to computer systems. With the increasing use of technology in domestic violence cases, understanding the implications of cybercrime is crucial.10

Learn more about the Budapest Convention in the following video:

Source: Council of Europe. The Budapest Convention (ETS No. 185) and its Protocols. https://www.coe.int/en/web/cybercrime/the-budapest-convention

1.12. Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention)

The Lanzarote Convention was adopted by the Council of Europe in 2007 and came into force in 2010. Its primary purpose is to protect children from sexual exploitation and sexual abuse, emphasising the need for effective measures at the national and international levels.11

Hear the stories from survivors of child violence including stories about physical violence, sexual violence, and psychological violence to understand its lasting impact on people.

The following Council of Europe documentary “Keep me safe” illustrates good practices taking place in different member states (Iceland, Cyprus and France) through prevention, education and protection of victims, and through promoting child-friendly justice.

In 2015, to follow up on the important work and impact resulting from the ONE in FIVE Campaign that was completed, the Council of Europe’s Committee of Ministers decided to go one step further by setting up the first European Day for the Protection of Children against Sexual Exploitation and Sexual Abuse, celebrated each year on or around 18 November.

Source: Council of Europe. Infographics.

Source: Council of Europe. Lanzarote Convention. https://www.coe.int/en/web/children/lanzarote-convention

1.13. Victims’ Rights Directive

Adopted by the European Union in 2012, the Victims’ Rights Directive aims to establish minimum standards on the rights, support, and protection of victims of crime, including victims of domestic violence.12

  • The Directive considerably strengthens the rights of victims and their family members to information, support and protection. It further strengthens the victims’ procedural rights in criminal proceedings.
  • The Directive also requires that EU countries ensure appropriate training on victims’ needs for those officials who are likely to come into contact with victims.
  • EU countries had to implement the provisions of the Directive into their national laws by 16 November 2015. In 2013, the European Commission issued a guidance document to assist EU countries in this process.
  • On 11 May 2020, the European Commission adopted a report on the implementation of the Victims’ Rights Directive. The report assesses the extent to which Member States have taken the necessary measures to comply with its provisions.
  • For victims of certain crimes, the EU adopted specific rules. These rules build on the Victims’ Rights Directive but respond more directly to the specific needs of victims of particular crimes. The EU legislation exists to provide protection and support for victims of human trafficking, child victims of sexual exploitation and child pornography, and victims of terrorism.
  • In order to assist the national authorities in implementation of the EU rules on victims’ rights, the European Commission set up the EU Centre of Expertise for Victims of Terrorism. The EU Centre offers expertise, training, guidance and support to national authorities and to victim support organisations.
  • On 24 June 2020, the Commission adopted its first-ever EU Strategy on Victims’ Rights (2020-2025) to ensure that all victims of all crime in the EU can fully benefit from their rights. The Strategy provides for actions for the European Commission, Member States and civil society for a period of 5 years.
  • On 8 March 2022, the Commission adopted a proposal for a Directive on combating violence against women and domestic violence. The proposal provides for concrete measures related to access to information, support, protection, and access to compensation to the extent that these relate specifically to victims of violence against women and victims of domestic violence.
  • On 12 July 2023, the Commission proposed amendments to the Victims’ Rights Directive. The revision addresses problems identified in the evaluation in June 2022. The amendments relate to five main victims’ rights: access to information, improved support and protection, improved participation in criminal proceedings and facilitated access to compensation. 

Hear the European Parliamentary Research Service (EPRS) Policy Podcast on the revision of the Victim Rights’ Directive:

Source: European Commission. Victims’ rights in the EU. Legal and policy framework on victims’ rights. https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/criminal-justice/protecting-victims-rights/victims-rights-eu_en

1.14. European Parliament Resolution (16/09/2021)

The European Parliament Resolution of 16 September 2021 on identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU (2021/2035(INL)) is a notable example of the European Union’s efforts to address gender-based violence as a specific area of crime. It calls on the European Commission to propose legislation that would classify gender-based violence as a crime falling within the scope of Article 83(1) of the Treaty on the Functioning of the European Union (TFEU). This move aims to harmonise legal approaches across EU member states to effectively combat gender-based violence.13

Frances Fitzgerald, who is leading talks on new rules, explains how the EU intends to tackle violence against women and domestic violence in a chat with Alice Cappelle, a French YouTuber who makes educational content and critical essays about women rights and social issues:

Source: European Parliament resolution of 16 September 2021 with recommendations to the Commission on identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU. https://www.europarl.europa.eu/doceo/document/TA-9-2021-0388_EN.html

Spotlight on the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention)

The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention), adopted in 2011, specifically addresses gender-based violence, including domestic violence. It outlines detailed commitments for member states to prevent violence, protect victims, and prosecute offenders.

Task for reflection
Watch the video and answer the following question:
(1) What forms of violence are addressed by the victims in this video?

“(…) Recognising, with grave concern, that women and girls are often exposed to serious forms of violence such as domestic violence, sexual harassment, rape, forced marriage, crimes committed in the name of so-called “honour” and genital mutilation, which constitute a serious violation of the human rights of women and girls and a major obstacle to the achievement of equality between women and men (…)”

Preamble Istanbul Convention

The Istanbul Convention was ratified by the European Union on 28 June 2023 and entered into force on 1 October 2023. Learn more about the Istanbul Convention in the following video:

On 29 November 2023, the Commission established an EU network on the prevention of gender-based and domestic violence. The network will meet twice a year and will be composed of Member State officials and stakeholders (https://preventiongbv.eu).

Total number of ratifications/accessions: 39 (Status: January 2024)

Find an up-to-date overview of the signatures and ratifications here.

2. Key facts about the Istanbul Convention14

What is the purpose of the Istanbul Convention?
  • The Convention on Preventing and Combating Violence against Women and Domestic Violence is a major human rights treaty establishing comprehensive legal standards to ensure women’s right to be free from violence.
  • Resulting from the Council of Europe’s continuous efforts since the 1990’s to prevent violence against women and domestic violence, this European legal instrument was negotiated by its 47 member states and adopted on 7 April 2011 by its Committee of Ministers.
  • It is known as the Istanbul Convention after the city in which it opened for signature on 11 May 2011.
  • Three years later, on 1 August 2014, it entered into force following its 10th ratification. Since then, all governments that have ratified this treaty are bound by its obligations.
How does the Istanbul Convention relate to gender-based violence?
  • The Istanbul Convention recognises violence against women as a violation of human rights and a form of discrimination against women.
  • It covers various forms of gender-based violence against women, which refers to violence directed against women because they are women or violence affecting them disproportionately.
  • Gender-based violence against women differs from other types of violence in that the fact that these are perpetrated against a woman is both the cause and the result of unequal power relations between women and men that lead to women’s subordinate status in the public and private spheres which contributes to making violence against women acceptable.
  • Under the convention, the use of the term “gender” aims to acknowledge how harmful attitudes and perceptions about roles and behaviour expected of women in society play a role in perpetuating violence against women.
  • Such terminology does not replace the biological definition of “sex”, nor those of “women” and “men”, but aims to stress how much inequalities, stereotypes and violence do not originate from biological differences, but from harmful preconceptions about women’s attributes or roles that limit their agency.
  • Hence, the convention frames the eradication of violence against women and domestic violence in the advancement of equality between women and men.

More information about the scope and the purposes of the Istanbul Convention can be found in the following leaflet:

The Istanbul Convention: Questions and answers

Who is covered by the Istanbul Convention?
  • The Istanbul Convention is based on a victim-centred approach.
  • The protection and support provided under the Istanbul Convention must be available to any woman without discrimination, including with respect to her age, disability, marital status, association with a national minority, migrant or refugee status, gender identity or sexual orientation. 
  • The Istanbul Convention recognises that there are groups of women that are often at greater risk of experiencing violence. These include, for example, women with disabilities, women from national minorities, LBTI (Lesbian, Bisexual, Transgender, Intersex) women, women from rural areas, migrant women, asylum-seeking and refugee women, women without a residence permit, girl children, older women, homeless women, women in prostitution and women using psycho-active substances.
  • It is crucial to ensure that measures to end gender-based violence extend systematically to these groups of women, are accessible to them and tailored to their specific needs.
  • States are also encouraged to apply the Istanbul Convention to other victims of domestic violence, such as men, children, and the elderly.
What does the Istanbul Convention require states to do?
  • The Istanbul Convention is a major step towards a comprehensive and harmonised response to ensuring a life free of violence for all women and girls across and beyond Europe.
  • Its obligations cover four areas of action, often called the four “Ps”. These are: preventing violence against women, protecting victims, prosecuting perpetrators, as well as implementing related comprehensive and co-ordinated policies.
  • These four main objectives encompass various provisions, including legal and practical measures aimed to trigger concrete changes in national responses to violence against women and domestic violence.

The below infographics explain what this means in detail. If the infographics are not visible, the infographics and a brochure on the four pillars of the Istanbul Convention can be found under the provided links.

What does the Istanbul Convention criminalise?

The Istanbul Convention specifies several forms of gender-based violence against women that are to be criminalised (or, where applicable, otherwise sanctioned). These are:

  • Psychological violence
  • Stalking
  • Physical violence
  • Sexual violence (including rape)
  • Sexual harassment
  • Forced marriage
  • Female genital mutilation
  • Forced abortion
  • Forced sterilisation

In addition, the Istanbul Convention sets out the obligation to ensure that culture, custom, religion, tradition or so-called “honour” are not regarded as justification for any of the acts of violence covered by its scope.

Domestic violence

  • The Istanbul Convention also covers domestic violence, including 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.
  • Owing to the seriousness of such violence, it requires ensuring that the circumstances in which the offence was 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, may entail a harsher sentence either as an aggravating circumstance or a constituent element of the offence. This sends a clear message that violence against women and domestic violence are not private matters.
  • The Istanbul Convention asks states to ensure the safety and support of victims of domestic violence perpetrated by family members, spouses or intimate partners, regardless of their marital or non-marital status.
  • The Istanbul Convention can, and must be applied irrespective of the legal definitions of “family” or “marriage” and recognition, or not, of same-sex relationships. These are matters for each state to decide since the legal recognition of same-sex unions or adoption by same-sex couple is outside the scope of the Istanbul Convention.
How is the implementation of the Istanbul Convention monitored?

Once a government has ratified the Istanbul Convention, it must take measures to implement its provisions aimed to prevent and combat violence against women. A monitoring mechanism is in place to assess how these provisions are put into practice and to provide guidance to national authorities. It consists of two bodies:

The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO)
  • GREVIO is a specialised independent body responsible for monitoring the implementation of the convention by the countries that have ratified it (parties to the convention), composed of 15 independent experts.
  • It conducts national evaluation procedures that involve on-site visits, and publishes reports evaluating the legislative and other measures taken to comply with the requirements of the convention.
  • GREVIO has published baseline evaluation reports, offering tailor-made guidance to increase the level of implementation.
  • In addition, GREVIO may initiate inquiries in specific circumstances.
  • GREVIO may also adopt general recommendations on themes and concepts of the convention.
  • An overview of GREVIO’s activities is available in its general activity reports.

About GREVIO – Group of Experts on Action against Violence against Women and Domestic Violence

The Committee of the Parties
  • This body is composed of the representatives of the national governments who joined the convention.
  • Since 2018, the Committee has been adopting – on the basis of GREVIO’s baseline evaluation reports – recommendations concerning the measures to be taken to implement the conclusions, suggestions and proposals offered by GREVIO in relation to a specific country.
  • These countries are given a period of three years to implement such recommendations and report back to the Committee.
  • On that basis, the Committee will adopt conclusions on the implementation of its recommendations.
  • The Committee may also examine the findings of any inquiry conducted by GREVIO members and may consider any necessary measures pursuant to these findings. 

About the Committee of the Parties

What has the Istanbul Convention achieved so far?
  • The many evaluation procedures concluded by GREVIO to date have brought to light the tangible impact which the convention has had over the past decade.
  • A key step taken in many countries was the introduction of new criminal offences, adapting their criminal law to the requirements of the convention.
  • These efforts cover in particular the criminalisation of stalking, forced marriage and female genital mutilation.
  • Moreover, some have amended their legislation to base their legal definition of sexual violence on the lack of consent freely given by the victim, in accordance with the Istanbul Convention.
  • In addition, many local, regional and national governments have expanded the range of support services available to women victims, for example, by creating national telephone helplines, increasing the number of shelters or introducing specialised services for victims of sexual violence.
  • Many have also stepped up their efforts in raising awareness of the different forms of violence against women, and good practices have been identified as to how to reach women with disabilities or women and girls at risk of female genital mutilation.
  • While challenges remain, there is strong recognition of the need to address, in a comprehensive and holistic manner, all forms of violence against women.
  • The findings by GREVIO also systematically stress the need to ensure the convention’s aims reach all women and girls.
  • The Istanbul Convention is thus creating momentum for the expansion not only of legislation and support services to reach a wider range of women and girls at risk of gender-based violence, but is firmly establishing the notion that it is a state obligation to respond to all forms of violence against women and for women and girls in all their diversity.
  • The Istanbul Convention and its monitoring mechanism are proving to be key in guiding governments in building measures to efficiently respond to violence against women. Fulfilling the commitments taken under this convention is crucial for it to reach its full potential.

The Mid-term Horizontal Review of all 17 GREVIO baseline evaluation reports offers more information on the promising practices and challenges in the implementation of the Istanbul Convention. 

How was the Istanbul Convention realised during the pandemic?
  • Globally, the policies of isolation and confinement to reign in the COVID-19 pandemic have led to increased levels of domestic, sexual and other gender-based violence – and therefore to a heightened need of prevention and protection against this.
  • Attention needs to be paid also to the longer-term effects of the pandemic on the balance between professional and personal life and on women’s mental load, economic independence, since it may force many of them, including women victims of gender-based violence, to make difficult choices such as leaving temporarily or permanently the workforce and to move to unpaid care work.
  • The Committee of the Parties to the Istanbul Convention and the President of GREVIO called on state parties to uphold the implementation of the convention at all times, including during the Covid-19 pandemic.
  • A special website on Women’s Rights and COVID-19 compiled by the Council of Europe offers information on action undertaken by the member states as well as initiatives by the Council of Europe as an institution and those of other international organisations and civil society.
  • Information on national measures was collected following a call for submissions issued jointly by the Gender Equality Commission and the Committee of the Parties to the Istanbul Convention.

Find here more information about the Istanbul Convention.

Task for reflection
Try to answer the following questions about the Istanbul Convention.

(1) Which countries have signed the Istanbul Convention?
(2) Who monitors its implementation and how often?
(3) How has the Istanbul Convention been implemented in your country? Where do some people still see a need to improve?
(4) Why do some governments not want to join the Istanbul Convention or have withdrawn from it? What are their arguments? What counter-arguments can you think of?
(5) What differs the Istanbul Convention from other conventions and resolutions?

What myths exist about the Istanbul Convention? What are the facts? Learn more here:15

Source: Council of Europe. 2020. Myths and facts about the Istanbul Convention. https://rm.coe.int/ukr-2020-brochure-ic-myths-and-facts-en-25112020/1680a07ee8

Factsheet: Istanbul Convention (IMPROVE)Download

3. National frameworks

National frameworks, documents for their implementation, and entry points to address domestic violence are shown here.

Sources

  1. United Nations. 1948. Universal Declaration of Human Rights (UDHR). https://www.un.org/en/about-us/universal-declaration-of-human-rights ↩︎
  2. United Nations. 1995. Beijing Declaration and Platform for Action. https://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf  ↩︎
  3. United Nations. 1979. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women ↩︎
  4. United Nations. 1993. Declaration on the Elimination of Violence against Women. https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-elimination-violence-against-women ↩︎
  5. United Nations. 1989. Convention on the Rights of the Child. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child ↩︎
  6. United Nations. 2006. Convention on the Rights of Persons with Disabilities. https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities ↩︎
  7. UNHCR. The UN Refugee Agency. Convention and Protocol Relating to the Status of Refugees. https://www.unhcr.org/media/convention-and-protocol-relating-status-refugees  ↩︎
  8. United Nations. 2015. Transforming our world: the 2030 Agenda for Sustainable Development. https://sdgs.un.org/2030agenda ↩︎
  9. European Court of Human Rights. European Convention on Human RIghts. https://www.echr.coe.int/european-convention-on-human-rights ↩︎
  10. Council of Europe. The Budapest Convention (ETS No. 185) and its Protocols. https://www.coe.int/en/web/cybercrime/the-budapest-convention ↩︎
  11. Council of Europe. Lanzarote Convention. https://www.coe.int/en/web/children/lanzarote-convention ↩︎
  12. European Commission. Victims’ rights in the EU. Legal and policy framework on victims’ rights. https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/criminal-justice/protecting-victims-rights/victims-rights-eu_en ↩︎
  13. European Parliament resolution of 16 September 2021 with recommendations to the Commission on identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU. https://www.europarl.europa.eu/doceo/document/TA-9-2021-0388_EN.html ↩︎
  14. Council of Europe. Key facts about the Istanbul Convention: https://www.coe.int/en/web/istanbul-convention/key-facts ↩︎
  15. Council of Europe. 2020. Myths and facts about the Istanbul Convention. https://rm.coe.int/ukr-2020-brochure-ic-myths-and-facts-en-25112020/1680a07ee8 ↩︎