VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE: THE ISTAMBUL CONVENTION Javier Truchero javiertruchero@iuslab.com 1

INTRODUCTION & CONTEXT 1

Figures According to the WHO, 35% of women worldwide have experienced either intimate partner violence or non-partner sexual violence in their lifetime. Globally, 47% of murders of women are committed by an intimate partner. A recent EU wide survey shows that 33% of EU women have experienced physical or sexual violence at least once since the age of 15. Some 12% of EU women (21 million) indicate that they have experienced some form of sexual abuse or incident before the age of 15. 1 in 20 women (5%) has been raped since the age of 15.

The cycle of violence 2/07/12 SOURCE: Enhancing the professional capacity of the Bulgarian Police to deal with cases of domestic violence and violence against women 2/07/12

Equality and non-discrimination Javier Truchero State responsibility Equality and non-discrimination Due diligence ECtHR IACHR International law Evolución de la normativa europea en la violencia machista contra las mujeres 5

Javier Truchero Women’s international human rights law: an overview PRINCIPLES: Equality between women and men – Prohibition of discrimination- State responsibility – Due diligence Norms Convention on the Elimination of All forms of Discrimination against Women (CEDAW), 1979. General Rec nº 19. CEDAW, 1992. UNGA Dec. on the elimination of violence against women, 1993. Convention of Belém do Pará, OEA, 1994. Maputo protocol, AU, 2003. Istanbul Convention, 2011. CASE-LAW Airey v. Ireland, (ECtHR, 1979) X and Y v. Netherlands, (ECtHR, 1985) Velazquez Rodriguez v. Honduras (ICHR, 1988). Kontrova v. Slovakia (ECtHR, 2007). Bevacqua and S. v. Bulgaria (ECtHR, 2008) Opuz v. Turkey (ECtHR, 2009) González and others v. Mexico (The cotton field case) (ICHR, 2009) 6

S Universal regime Commission on the Status of Women (CSW), 2013. Convention on the elimination of all forms of discrimination against women (CEDAW) CEDAW Committee. Additional protocol to the CEDAW, 2000. UN WOMEN Commission on the Status of Women (CSW), 2013. Special rapporteur on violence against women, 1994. RESOURCES: http://www.un.org/womenwatch/daw/cedaw/ http://www.unwomen.org/ http://www.endvawnow.org/es/

European regime Council of Europe European Court of Human Rights Recommendation (2002)5 of the Committee of Ministers on the protection of women against violence Council of Europe Convention on preventing and combating violence against women and domestic violence, 2011 (Istanbul Convention) RESOURCES: http://www.echr.coe.int/ECHR/homepage_en http://www.coe.int/en/web/istanbul-convention/home

THE ISTANBUL CONVENTION 2

Convention on preventing and combating violence against women and domestic violence First legally-binding instrument in Europe. The most far reaching international treaty. Purposes Protect women, prevent and prosecute VAW and DV Eliminate discrimination and promote equality between women and men.

ADDED VALUE OF THE ISTANBUL CONVENTION Violence against women as a form of discrimination and as violation of human rights. Definition of specific criminal offences. Gender-specific, directed at combating violence against women. The “due diligence” standard: obligation of states to prevent, investigate, punish and provide reparation for acts of VAW perpetrated by non-state actors. No cultural, traditional or religious justification for VAW. Importance of national NGOs.

Definitions Violence against women Inter- partnership violence against women Domestic violence

Scope of protection Domestic violence against men Domestic violence against wife of female partner Violence against women in the public sphere Not required by the Istambul Convention. Definition of the domestic realm. Other women victims of domestic violence Within the mandatory scope of the Istambul Convention. Sexual violence, but not only.

STRUCTURE OF THE ISTANBUL CONVENTION COMPREHENSIVE POLICIES PROTECTION PREVENTION PROSECUTION & INVESTIGATION STRUCTURE OF THE ISTANBUL CONVENTION 14

Comprehensive and coordinated policies Co-ordinating bodies Financial resources Data collection and research

HEALTH & EDUCATION SYSTEM HOW TO DO IT 2 EFECTIVE COOPERATION POLICE HEALTH & EDUCATION SYSTEM JUDICIARY NGOs

PREVENTION & PROTECTION 3

EQUALITY Education Awareness raising Training Training WHAT THE CONVENTION REQUIRES PREVENTION Specific measures Education Training of professionals Awareness raising campaigns Teaching materials promoting equality Treatment programmes for perpetrators EQUALITY Awareness raising Training Training

WHAT THE CONVENTION REQUIRES PROTECTION VICTIM INFORM PROTECT SUPPORT

PRINCIPLES GENDER UNDERSTANDING AND HUMAN RIGHTS FRAMEWORK General principles of the Istanbul Convention. Protect human rights and take gender dynamics into account. INTEGRATED APPROACH Take the context into account. Address specific needs of vulnerable persons. VICTIMS AT THE CENTRE Prevent secondary victimization. Concentrate services. Trained professionals. AUTONOMY FROM PROSECUTION No need to press charges or testify to benefit from services.

BREAKING THE SILENCE TELEPHONE HELPLINE REPORTING Free Anonymous Trained counselors 24/7 REPORTING Encourage reporting by relatives, witnesses, general public Possibility to report by professionals subjected to confidentiality rules

SUPPORT OF CHILD WITNESSES ACCESS TO SUPPORT SERVICES 3 GENERAL SERVICES Accessible, long-term support directed to victim's recovery. Legal and psychological counselling, financial assistance, housing, education, etc. Health and social care: detection role. Trained professionals. SUPPORT OF CHILD WITNESSES Sensitive response to children in all services. Due regard to the best interests of the child. Age-appropriate psychosocial counselling.

SUPPORT OF VICTIMS OF SEXUAL VIOLENCE RECOVERY and EMPOWERMENT. 4 SHELTERS A safe place directed to empowering victims. Not only housing but also general support. Security standards. Specialized. Sufficient number: 1 family place/10.000 inhab. SUPPORT OF VICTIMS OF SEXUAL VIOLENCE Immediate medical care and trauma support. Rape crisis or sexual violence referral centres. Sensitive response by trained professionals. Forensic evidence collection, even without police report. Sufficient number: 1 centre/200.000 Hab.

ACCESS TO INTERNATIONAL MECHANISMS 5 ASSISTANCE IN INDIVIDUAL OR COLLECTIVE COMPLAINTS Ensure information and access to applicable regional and international mechanisms. i.e.: ECHR, CEDAW, European Social Charter.

PROSECUTION 4

WHAT THE CONVENTION REQUIRES PROSECUTION & INVESTIGATION Ch. V.- Substantive law Ch. VI.- Procedural law Civil and administrative law measures Effective prosecution of offences Strong emphasis on criminal law Protection for victims during proceedings BRING PERPETRATORS TO JUSTICE: END IMPUNITY COMPENSATE VICTIMS: REPARATION 26

OFFENCES PSYCHOLOGICAL VIOLENCE (ARTICLE 33) STALKING (ARTICLE 34): Seriously impairing a person’s psychological integrity, STALKING (ARTICLE 34): Repeatedly engaging in threatening conduct with result of fear. PHYSICAL VIOLENCE (ARTICLE 35) “Physical violence” against another person, whatever the consequences SEXUAL VIOLENCE (ARTICLE 36) All forms of sexual acts which are performed on another person without her or his freely given consent 27

OFFENCES FORCED MARRIAGE (ARTICLE 37): “Forcing” a person to enter into marriage “Luring” a person to a foreign country with a view to forcing her or him to enter into a marriage FEMALE GENITAL MUTILATION (ARTICLE 38) Cutting away certain parts of the female genitalia “Coercing” a woman or girl or “inciting” a girl to undergo this practice. FORCED ABORTION AND STERILISATION (ARTICLE 39) Terminating the pregnancy of a woman without her prior and informed consent Forced sterilisation of a woman SEXUAL HARASSMENT (ARTICLE 40): Unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person 28

AGGRAVATING CIRCUMSTANCES UNACCEPTABLE JUSTIFICATIONS ACCESSORY CRIMINAL-LAW PROVISIONS AGGRAVATING CIRCUMSTANCES Multiple perpetrators, use of a weapon, presence of child. Vulnerable victims, relationship with the victim. Repeat offender, including possible consideration of sentences passed in other States (Art. 47). JURISDICTION Traditional criteria for jurisdiction: territory or nationality. Extension: habitual residence of the perpetrator (possibility of reservation). UNACCEPTABLE JUSTIFICATIONS Culture, custom, religion, tradition or so-called “honour” 29

EX OFFICIO PROSECUTION PROCEDURAL LAW: EFECTIVE PROSECUTION DUE DILIGENCE Ensure that investigations and judicial proceedings are carried out without undue delay. Ensure that offences are effectively investigated into and prosecuted (Arts. 49-50). EX OFFICIO PROSECUTION Allow prosecutions of the more severe forms of violence to go ahead without the victim’s report or complaint. Allow proceedings to continue in the event of withdrawal of such a complaint. (Article 55) STATUE OF LIMITATIONS Statue of limitation of the more severe forms of violence shall continue after the victim has reached the age of majority for a period allowing efficient initiation of proceedings (Article 58). 30

PROCEDURAL LAW: PROTECTION RISK ASSESSMENT AND RISK MANAGEMENT Obligation to assess and manage the lethality risk, the seriousness of the situation and the risk of repeated violence. Obligation to take into account the fact that perpetrators possess or have access to firearms. PROTECTION ORDERS Emergency barring orders. Restraining or protection orders. OTHER MEASURES OF PROTECTION Measures to protect victims during proceedings, to keep the victim informed and to ensure her/his privacy. 31

Javier Truchero javiertruchero@iuslab.com CONCLUSION Comprehensive policies: integral approach that requires co-ordination among different actors. The Convention sets up standards and a very useful framework to address violence effectively, to end impunity and bring perpetrators to justice. It is a major contribution to achieving de facto equality between women and men because it addresses their persisting inequalities as the root cause of violence against women. THANK YOU Javier Truchero javiertruchero@iuslab.com 32