1. Dr Shazia Choudhry, Reader in Law, Queen Mary, University of London
THE ISTANBUL CONVENTION Aims, Objectives and Requirements
Dr Shazia Choudhry, Reader in Law, Queen Mary, University of London

2. Definition of Violence against Women in the Istanbul Convention, Article 3
“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

3. Facts and Figures - Worldwide
35% of women worldwide have experienced either physical and/or sexual intimate partner violence or sexual violence by a non-partner at some point in their lives (WHO, 2013)
Some national studies estimate up to 70% of women have experienced physical and/or sexual violence from an intimate partner in their lifetime (WHO, 2013)
Of all women who were the victims of homicide globally in 2012, almost half were killed by intimate partners or family members, compared to less than 6% of men killed in the same year (WHO 2013)

4. More than 700 million women alive today were married as children (below 18 years of age). Of those women, more than 1 in 3—or some 250 million—were married before 15 (UNICEF, 2014)
Around 120 million girls worldwide (just over 1 in 10) have experienced forced intercourse or other forced sexual acts at some point in their lives. By far the most common perpetrators of sexual violence against girls are current or former husbands, partners or boyfriends (UNICEF, 2014)
Adult women account for almost half of all human trafficking victims detected globally. Women and girls together account for about 70 per cent, with girls representing two out of every three child trafficking victims (UNODOC, 2014)
Child brides are often unable to effectively negotiate safe sex, leaving them vulnerable to early pregnancy as well as sexually transmitted infections, including HIV

5. Facts and Figures – Europe (FRA Survey 2014)
An estimated 13 million women in the EU have experienced physical violence in the course of 12 months before the survey interviews
An estimated 3.7 million women in the EU have experienced sexual violence in the course of 12 months before the survey interviews
One in three women (33 %) has experienced physical and/or sexual violence since she was 15 years old.
Some 8 % of women have experienced physical and/or sexual violence in the 12 months before the survey interview.
Out of all women who have a (current or previous) partner, 22 % have experienced physical and/or sexual violence by a partner since the age of 15.

6. In total, 11 % of women have experienced some form of sexual violence since they were 15 years old, either by a partner or some other person.
One in 20 women (5 %) has been raped since the age of 15.
Of those women who indicate they have been victims of sexual violence by a non-partner, almost one in 10 women indicates that more than one perpetrator was involved in the incident when describing the details of the most serious incident of sexual violence they have experienced
One third of victims (34 %) of physical violence by a previous partner experienced four or more different forms of physical violence.
The most common forms of physical violence involve pushing or shoving, slapping or grabbing, or pulling a woman’s hair.

7. Whereas in most cases violence by a previous partner occurred during the relationship, one in six women (16 %) who has been victimised by a previous partner experienced violence after the relationship had broken up.
Of those women who experienced violence by a previous partner and were pregnant during this relationship, 42 % experienced violence by this previous partner while pregnant. In comparison, 20 % experienced violence by their current partner while pregnant
One in five women (22%) has experienced physical violence by someone other than their partner since the age of 15

8. Bulgaria – How are you doing?
In EIGE’s Gender Equality Index 2015 it was found that where people tend to have more trust in justice institutions, levels of disclosed violence are higher
It is estimated that in Bulgaria, 28% of women have experienced violence, which is 5% lower than in the EU overall. 
In Bulgaria only 39% of the population tend to trust the police 
(European Commission, Eurobarometer).
The full extent of violence against women is difficult to estimate, as it continues to be under-reported and stigmatised, meaning that what actually gets reported is only a fraction of the reality

9. During the period 2010 to 2012, it is estimated that there were victims of human trafficking in Bulgaria, of whom over 80% were women and girls (Eurostat, 2015). 
Since the age of 15, more than 1 in 4 women in Bulgaria have experienced physical and/or sexual violence and 17% of women have experienced psychological abuse that involved economic violence by a partner (FRA Survey, 2014)
25% of people in Bulgaria said they knew a woman within their circle of friends and family who has been a victim of domestic violence (FRA Survey, 2014). 
In 2015, there were 61 reported cases of rape and attempted rape in Bulgaria (Republic of Bulgaria National Statistical Institute, 2015) 

10. Understanding VAW – Causes and Consequences
Gender inequality and discrimination are root causes of violence against women, influenced by the historical and structural power imbalances between women and men which exist in varying degrees across all communities in the world (Preamble to the Istanbul Convention)
Violence against women and girls is not only a consequence of gender inequality, but reinforces women’s low status in society and the multiple disparities between women and men. (UN General Assembly, 2006)
Violence against women and girls is related to their lack of power and control, as well as to the social norms that prescribe men and women’s roles in society and condone abuse. Inequalities between men and women cut across public and private spheres of life, and across social, economic, cultural, and political rights; and are manifested in restrictions and limitations on women’s freedoms, choices and opportunities. These inequalities can increase women’s and girls’ risks of abuse, violent relationships and exploitation, for example, due to economic dependency and limited survival and income-earning options, or discrimination under the law as it relates to marriage, divorce, and child custody rights.

11. Correlated Risk Factors – (Bott et al, 2005)
witnessing or experiencing abuse as a child (associated with future perpetration of violence for  boys and experiencing violence for girls);
substance (including alcohol) abuse (associated with increased incidences of violence); 
women’s membership in marginalized or excluded groups;
low levels of education (for boys associated with perpetrating violence in the future and for girls, experiencing violence);
limited economic opportunities (an aggravating factor for unemployed or underemployed men associated with perpetrating violence; and as a risk factor for women and girls, including of domestic abuse, child and forced marriage, and sexual exploitation and trafficking);
It is important to remember that risk and protective factors are not direct causal links, but rather correlated – that is to say, for example, that a boy who witnesses abuse of his mother by his father as a child will not necessarily become a perpetrator later in life; nor is a women of high socio-economic status and highly educated immune to domestic violence. Violence against women is a complex social, economic and cultural phenomenon.

12. the presence of economic, educational and employment disparities between men and women in an intimate relationship;
conflict and tension within an intimate partner relationship or marriage;
women’s insecure access to and control over property and land rights;
male control over decision-making and assets;
attitudes and practices that reinforce female subordination and tolerate male violence (e.g. dowry,  bride price, child marriage);
lack of safe spaces for women and girls, which can be physical or virtual meeting spaces that allow free expression and communication; a place to develop friendships and social networks, engage with mentors and seek advice from a supportive  environment.
normalised use of violence within the family or society to address conflict;
a limited legislative and policy framework for preventing and responding to violence;
lack of punishment (impunity) for perpetrators of violence; and,
low levels of awareness among service providers, law enforcement and judicial actors.

13. Consequences and Costs (Heise, et al
Consequences and Costs (Heise, et al., 1999; Heise and Garcia-Moreno, 2002; UN General Assembly, 2006)
CONSEQUENCES
immediate injuries such as fractures and hemorrhaging, and long-term physical conditions
mental illnesses, such as depression, anxiety, post-traumatic stress disorder, attempted suicide
sexual and reproductive health problems
poor social functioning skills and social isolation and marginalization
death for both women and their children
substance abuse (including alcohol)
child witnesses of violence - emotional and behavioural problems - perform poorly in school - risk of perpetrating or experiencing violence in the future.

14. COSTS across Europe, the annual cost of intimate partner violence
€106 million in Finland, (Heiskanen, et. al., 2001)
US$142.2 million in the Netherlands, (Korf, et. al., 1997)
US$290 million in Switzerland, (Yodanis and Godenzi, 1999)
US$19.81 billion in Sweden (Enval and Erikssen, 2004)
overall reduced or lost educational, employment, social, or political participation opportunities
businesses and employers can incur financial losses on account of absences due to the health consequences inhibiting the survivor from working; incarceration of the perpetrator; and expenses related to additional security measures that might be needed in the workplace
expenditures on medical, protection, judicial and social services
lost workdays, lower productivity and lower income

15. VAW and Human Rights - (UN Declaration on the Elimination of Violence against Women, 1993)
The right to life
The right to equality
The right to liberty and security of person
The right to equal protection under the law
The right to be free from all forms of discrimination
The right to the highest attainable standard of physical and mental health
The right to just and favourable conditions of work
The right not to be subjected to torture, or other cruel, inhuman or degrading treatment or punishment

16. International Human Rights Treaties
General recommendation No. 19 (1992) on violence against women, the Committee on the Elimination of Discrimination against Women confirmed that “[u]nder general international law and specific human rights covenants, States may ... be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.”

17. CEDAW’s recommendations:
Ensure that laws against family violence and abuse, rape, sexual assault and other gender-based violence give adequate protection to all women, and respect their integrity and dignity; and
Take all legal and other measures that are necessary to provide effective protection of women against gender-based violence, including effective legal measures, including penal sanctions, civil remedies and compensatory provisions to protect women against all kinds of violence.
States parties include information on legal measures that have been taken to overcome violence against women, and the effectiveness of such measures, in their reports under the Convention.

18. Optional Protocol to CEDAW – Development of Due Diligence Standard
A.T. v. Hungary the lack of specific legislation to combat domestic violence and sexual harassment constituted a violation of human rights and fundamental freedoms, particularly the right to security of person
Sahide Goekce (deceased) v. Austria, and Fatma Yildirim (deceased) v. Austria - recommended that the State party “[s]trengthen implementation and monitoring of the Federal Act for the Protection against Violence within the Family and related criminal law, by acting with due diligence to prevent and respond to such violence against women and adequately providing for sanctions for the failure to do so”

19. Rome Statute of the International Criminal Court (the Rome Statute)
Other Measures
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol)
Declarations and resolutions adopted by United Nations bodies e.g. article 4 of the 1993 Declaration on the Elimination of Violence against Women, Beijing Platform for Action, adopted at the Fourth World Conference on Women in Beijing in 1995
e Palermo Protocol requires States parties to:
Adopt necessary legislative and other measures to establish tra cking in persons as a criminal o ence when committed intentionally (article 5);
Ensure that their domestic legal or administrative system contains measures that provide to victims information on court and administrative proceedings and assist- ance to enable their views and concerns to be presented and considered during criminal proceedings against o enders (article 6);
Ensure that their domestic legal systems contain measures that o er victims the possibility of obtaining compensation for damage su ered (article 6);
Adopt or strengthen legislative or other measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to tra cking (article 9); and
Consider adopting legislative or other measures that permit victims of tra ck- ing to remain in their territory, temporarily or permanently, in appropriate cases (article 7).
e Rome Statute provides the broadest statutory recognition of gender-based violence as a crime under international criminal law to date. In article 7(1)(g), the Rome Statute classi es “rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity” committed “as part of a widespread or systematic attack directed against any civilian population” as crimes against humanity. ese same o ences are classi ed in article 8(2)(b)(xxii) as serious violations of the laws and customs applicable to international armed con ict and thereby classi able as war crimes. Under the principle of complementarity established by the Statute, States parties have primary responsi- bility for bringing those responsible for genocide, crimes against humanity and war crimes to justice. e preamble of the Rome Statute recalls that “it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes”. It has therefore been argued that it is “essential for all states parties, as well as other states, to amend existing legislation or enact new national legislation de ning the crimes in accordance with international law”
Rome Statute of the International Criminal Court (the Rome Statute)

20. Regional Measures
The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, other- wise known as the Convention of Belém do Pará;
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
the South Asian Association for Regional Cooperation (SAARC) has adopted the Convention on Preventing and Combating the Tra cking in Women and Children for Prostitution
Council of Europe Convention on Action against Trafficking in Human Beings 2008
is the only Convention directed solely at eliminating violence against women. I It requires that States parties apply due diligence to prevent, investigate and impose penalties for violence against women and contains detailed provisions regarding the obligations of States to enact legislation. Under article 7, States par-
ties are obligated to:
Adopt legal measures to require the perpetrator to refrain from harassing, intimidat- ing or threatening the woman;
Take all appropriate measures, including legislative measures, to amend existing laws or to modify legal or customary practices which sustain the persistence and tolerance of violence against women;
Establish fair and e ective legal procedures for victims; and
Establish the necessary legal and administrative mechanisms to ensure that victims
have e ective access to just and e ective remedies.

21. Council of Europe in its Recommendation (2002)5 of the Committee of Ministers
The Council of Europe Convention on preventing and combating violence against women and domestic violence The Istanbul Convention
The European Convention on Human Rights Cases e.g Opuz v Turkey 2009; Bevacqua v Bulgaria 2008
Cases heard by the Inter-American Commission on Human Rights e.g. Maria Mamerita Mestanza Chávez v. Peru 2013,
2013 Commission on the Status of Women (CSW) adopted, by consensus, Agreed Conclusions on the elimination and prevention of all forms of violence against women and girls.
Council of Europe in its Recommendation (2002)5 of the Committee of Ministers to member States on the protection of women against violence. e recommendation urges member States to ensure that:
All acts of violence are punishable;
Swift and e ective action is taken against perpetrators; and
Redress, compensation and protection and support is provided for victims.
Caselaw has have directed States to:
Create appropriate criminal legislation;
Review and revise existing laws and policies;
and Monitor the manner in which legislation is enforced.