Introduction to the Istanbul Convention Dr Shazia Choudhry, Reader in Law, Queen Mary, University of London

Why it was necessary – European Challenges Male-oriented or gender-neutral laws not taking into account the realities of women Different levels of protection and support Insufficient funding of services Lack of multi-agency co-operation Protection and support services not meeting the needs of victims Negative and discriminatory attitudes towards women victims from the police, judiciary or social services

Ratifications and Signatories Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Denmark, Finland, France, Italy, Malta, Monaco, Montenegro, Netherlands, Poland, Portugal, Romania, San Marino, Serbia, Slovenia, Spain, Sweden and Turkey Signatories: 22 Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Moldova, Norway, Slovakia, Switzerland, the former Yugoslav Republic of Macedonia, Ukraine and United Kingdom Not yet signed/ratified: 3 Armenia, Azerbaijan and Russia

Who does the Convention cover? Women and girls, from any background, regardless of their age, race, religion, social origin, migrant status or sexual orientation. The Convention recognises that there are groups of women and girls that are often at greater risk of experiencing violence, and states need to ensure that their specific needs are taken into account. The Convention recognises that domestic violence affects women disproportionately. However, states are also encouraged to apply the Convention to all other victims of domestic violence such as men and boys.

Purposes of the Convention – Article 1 Protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence; Contribute to the elimination of all forms of discrimination against women and promote substantive equality between women and men, including by empowering women; Design a comprehensive framework, policies and measures for the protection of and assistance to all victims of violence against women and domestic violence; Promote international co‐operation with a view to eliminating violence against women and domestic violence; 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.

Added Value of the Convention Violence against women as a form of discrimination and a violation of human rights. Definitions of domestic violence, of gender, etc. Definition of specific criminal offences. Link between equality and ending of VAW. Gender-specific: directed at combating violence against women. The “due diligence” standard applied to VAW. No cultural, traditional or religious justification for acts of VAW. Importance of national NGOs.

Definitions “violence against women” is understood as a violation of human rights and a form of discrimination against women and shall mean 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” shall mean 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; “gender” shall mean the socially constructed roles, behaviour’s, activities and attributes that a given society considers appropriate for women and men; “gender‐based violence against women” shall mean violence that is directed against a woman because she is a woman or that affects women disproportionately; “victim” shall mean any natural person who is subject to the conduct specified in points a and b; “women” includes girls under the age of 18.

Structure of the Istanbul Convention

Key Standards Article 4 – Fundamental rights, equality and non‐discrimination Take the necessary legislative and other measures to promote and protect the right for everyone, particularly women, to live free from violence in both the public and the private sphere. Condemn all forms of discrimination 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.

Implementation of the provisions of this Convention, in particular measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status. Special measures that are necessary to prevent and protect women from gender‐based violence shall not be considered discrimination under the terms of this Convention.

Article 5 – State obligations and due diligence 1 Refrain from engaging in any act of violence against women and ensure that State authorities, officials, agents, institutions and other actors acting on behalf of the State do so. 2 Take the necessary legislative and other measures to exercise due diligence to prevent, investigate, punish and provide reparation for acts of violence covered by the scope of this Convention that are perpetrated by non‐State actors. Article 6 – Gender‐sensitive policies Undertake to include a gender perspective in the implementation and evaluation of the impact of the provisions of this Convention and to promote and effectively implement policies of equality between women and men and the empowerment of women.

Migrant women, women asylum-seekers and women refugees Additional Themes Gender Perspective Migrant women, women asylum-seekers and women refugees Non-governmental organisations (NGOs) Children Gender Perspective Violence against women and domestic violence cannot be addressed without looking at gender equality issues. Women may be subjected to violence because of their gender. Certain types of violence, in particular domestic violence, affect women disproportionately. Consequently, the convention frames the eradication of violence against women and domestic violence in a context of achieving de jure and de facto equality. Its Preamble recognises the structural nature of such violence, which is both a cause and a consequence of unequal power relations between women and men and which limits the full advancement of women. To overcome inequality, the convention requires states to implement gender equality policies and to empower women. It is not about treating women as helpless victims but about making sure they can rebuild their lives. While the focus of the convention is on all forms of violence against women, which includes domestic violence committed against women, the convention also recognises that there are other victims of domestic violence, such as boys and men. This may include gay men, transgender men or men that do not conform to what society considers to constitute appropriate behaviour. States can choose whether or not to apply the convention to these victims of domestic violence. Applying a gender perspective to these groups of victims is equally important. Many forms of discrimination, harmful practices and gender stereotypes are the starting point for violent behaviour. For this reason, the convention specifically tackles gender stereotypes in the areas of awareness-raising, education, the media and the training of professionals. It also creates the obligation to ensure that both protective and support measures as well as investigations and judicial proceedings be based on a gendered understanding of violence. The concept of gender is thus firmly embedded in the convention. Migrant women, women asylum-seekers and women refugees Migrant women, with or without documents, and women asylum-seekers are particularly vulnerable to gender-based violence. Although their reasons for leaving their country vary, as does their legal status, both groups are at increased risk of violence and face similar difficulties in overcoming it. For this reason, the convention prohibits discrimination on the grounds of migrant or refugee status when it comes to implementing its provisions. It also requires that measures be taken to prevent such violence and support victims while taking into account the needs of vulnerable persons. Moreover, the convention devotes an entire chapter to women migrants and asylum-seekers facing gender-based violence. It contains a number of obligations that aim at generating a gender-sensitive understanding of violence against migrant women and women asylum-seekers. For example, it introduces the possibility of granting migrant women, who are victims of domestic violence and whose residence status depends on that of their spouse or partner, with their own residence permit when the relationship ends. This allows a victim of domestic violence to leave the relationship without loosing her residence status. It also creates, for instance, the obligation to allow migrant victims who left and then did not return to the country they migrated to because they were forced into marriage in another country to regain their residence status. Furthermore, the chapter includes provisions establishing the obligation to recognise gender-based violence against women as a form of persecution within the meaning of the 1951 Refugee Convention and contains the obligation to ensure that a gender-sensitive interpretation be given when establishing refugee status. It is important to note that women seeking asylum have specific protection concerns and worries that are different to those of men. In particular, women may be fleeing gender-based violence but may be unable or unwilling to disclose relevant information during a refugee determination process that does not respect cultural sensitivities. Furthermore, unaccompanied women are often exposed to sexual harassment and sexual exploitation and are unable to protect themselves. In order to address the particular issues linked to women asylum-seekers, the convention establishes the obligation to introduce gender-sensitive procedures, guidelines and support services in the asylum process. Introducing a gender perspective into procedures allows for differences between women and men to be taken into account. Non-governmental organisations (NGOs) In many member states, the overwhelming majority of services for victims of domestic violence, but also services for victims of sexual violence, stalking, forced marriage and others, are run by non-governmental or civil society organisations. These organisations have a long-standing tradition of providing shelter, legal advice, medical and psychological counselling. They also run hotlines and other essential services. However, many such services experience funding insecurity and operate in small geographic areas only. In most countries, the overall number of available services does not match the demand of victims. Often, this is because the provision of services is not considered a necessity, but a voluntary activity of NGOs. For this reason, the convention recognises the work of NGOs and seeks to ensure greater political and financial support for their work. It includes provisions that oblige parties to encourage and support their work by tapping into their expertise, involving them as partners in multi-agency co-operation and supporting their awareness-raising efforts. This can help to enhance results of measures taken to prevent and combat violence against women and domestic violence. Supporting NGOs and civil society organisations means enabling them to carry out their work in the best possible way, for example by setting up co-operative structures between law enforcement agencies and shelters, advertising NGO hotlines and services in government information material but also ensuring relevant public and political support. The convention also includes the obligation for parties to allocate appropriate financial and human resources for activities carried out by non-governmental organisations and civil society. Finally, NGOs will also play a role in the monitoring of the implementation of the convention. The group of experts in charge of the monitoring process may receive information from NGOs on a party‘s implementation of the convention which would complement the information provided by the party itself. Children Exposure to physical, sexual or psychological violence and abuse has a severe impact on children. It breeds fear, causes trauma and adversely affects their development. Violence against women and domestic violence in its direct or indirect form can have harmful consequences for their health and lives. In the case of domestic violence it is acknowledged that children do not need to be directly affected by the violence to be considered victims as witnessing domestic violence is just as traumatising. The convention covers various forms of violence against women and domestic violence. Victims of such violence are typically girls and women of all ages. Boys and men, however, may also fall victim of certain types of violence that fall within the scope of the convention, in particular domestic violence and forced marriage. For this reason, states are encouraged to extend the application of the measures set out in the convention to boys and men.

Holistic approach to combating violence against women PROTECTION PREVENTION Istanbul Convention INTEGRATED POLICIES PROSECUTION

Integrated policies – Article 7 Obligation to adopt and implement comprehensive and co-ordinated policies to offer a holistic response to violence against women Obligation to involve all relevant actors: government agencies, the national, regional and local parliaments and authorities, national human rights institutions and civil society organisations. The convention is based on the premise that no single agency or institution can deal with violence against women and domestic violence alone. An effective response to such violence requires concerted action by many different actors. The convention therefore asks state parties to implement comprehensive and co-ordinated policies involving government agencies, NGOs as well as national, regional and local parliaments and authorities. The aim is that policies to prevent and combat violence against women and domestic violence are carried out at all levels of government and by all relevant agencies and institutions. This can, for example, be done by drawing up a national plan of action that assigns each agency a particular role to take on or task to fulfil. The experience from countries where this is already being done shows that results are improved when law enforcement agencies, the judiciary, NGOs, child protection agencies and other relevant partners join forces on a particular case. In addition to addressing governments and non-governmental organisations, national parliaments and local authorities, the convention sends a clear message to society as a whole. Every man, every woman, every boy and girl, every parent, every boy/girl-friend must learn that violence - any kind of violence - is not the right way to solve difficulties and live a peaceful life. Everybody must understand that now and in the future violence against women and domestic is no longer tolerated.

Monitoring The Istanbul Convention monitoring mechanism rests on two pillars: the Committee of the Parties: a political body composed of Government representatives of all the Parties to the Convention the Group of Experts on action against Violence against Women and Domestic Violence (GREVIO): an independent expert body set up to monitor the implementation of the Convention composed of 10 independent and impartial experts GREVIO is the independent expert body responsible for monitoring the implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) by the Parties. GREVIO will draw up and publish reports evaluating legislative and other measures taken by the Parties to give effects to the provisions of the Convention. In cases where action is required to prevent a serious, massive or persistent pattern of any acts of violence covered by the Convention, GREVIO may initiate a special inquiry procedure. GREVIO may also adopt, where appropriate, general recommendations on themes and concepts of the Convention. Article 66 of the Istanbul Convention governs GREVIO membership. It provides that GREVIO shall have between 10 and 15 members, depending on the number of Parties to the Convention, and shall take into account a gender and geographical balance, as well as multidisciplinary expertise in the area of human rights, gender equality, violence against women and domestic violence or in the assistance to and protection of victims. GREVIO members must be nationals of the States Parties to the Convention. Integrity, competence, independence, availability and language skills (English and/or French) are the guiding principles for the nomination and election of GREVIO members. The Convention entrusted the Committee of Ministers of the Council of Europe to define the election procedure of the members of GREVIO. In March 2016, GREVIO adopted a questionnaire on legislative and other measures giving effect to the provisions of the Convention. It launched its first evaluation procedure shortly after.

First evaluation Procedure GREVIO’s baseline questionnaire State report + NGO and other information Examination by GREVIO - and meeting with state party Country visit GREVIO report and findings The Istanbul Convention provides for two types of monitoring procedures: a country-by-country evaluation procedure and a special inquiry procedure. The country-by-country evaluation procedure begins with a first assessment, to be followed by evaluation rounds. In this context, GREVIO considers information submitted by the Parties in response to its questionnaires or any other requests for information, taking into account information received from relevant Council of Europe bodies, institutions established under other international instruments (such as the United Nations Committee on the Elimination of Discrimination Against Women), non-governmental organisations and national human rights institutions. If the information gained is insufficient, GREVIO may organise country visits. Following a phase of dialogue with the competent authorities, GREVIO adopts its final reports and conclusions, and sends them to the Parties concerned and the Committee of the Parties. The reports and conclusions of GREVIO are made public as from their adoption, together with any comments by the Parties concerned. The Committee of the Parties may adopt, on the basis of GREVIO reports and conclusions, specific recommendations concerning the measures to be taken to implement the conclusions of GREVIO. Transmission to state party Transmission to Committee of the Parties Transmission to national parliament Adoption of recommendations to state party by Committee of the Parties

Special inquiry procedure Serious, massive or persistent pattern of violence Special state report Inquiry by one or more members of GREVIO Country visit? A special inquiry procedure may be initiated by GREVIO when there is reliable information indicating that action is required to prevent a serious, massive or persistent pattern of any acts of violence covered by the Convention. In such a case, GREVIO may request the urgent submission of a special report by the Party concerned. Taking into account the relevant information at its disposal, GREVIO may designate one or more of its members to conduct an inquiry and to report back. Where warranted and with the consent of the Party, the inquiry may include a country visit. After having been examined by GREVIO, the findings of the inquiry are transmitted to the Party concerned and, where appropriate, to the Committee of the Parties and the Committee of Ministers of the Council of Europe, together with any comments and recommendations. Transmission of the findings Committee of the Parties and Committee of Ministers Examination of the findings by GREVIO

First evaluation procedure Initiated in relation to Austria Monaco Deadline for state reports: 1 September 2016 Next state parties to be monitored: Albania Denmark

Parliamentary involvement in monitoring Article 70 paragraph 1 of the Istanbul Convention: “National parliaments shall be invited to participate in the monitoring of the measures taken for the implementation of this Convention.”