1. VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE:
THE ISTAMBUL CONVENTION
Javier Truchero 1

2. INTRODUCTION & CONTEXT1

3. 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.

4. 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

5. 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

6. 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

7. 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:

8. 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:

9. THE ISTANBUL CONVENTION2

10. 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.

11. 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.

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

13. 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.

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

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

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

17. PREVENTION & PROTECTION3

18. 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

19. WHAT THE CONVENTION REQUIRES
PROTECTION
VICTIM
INFORM
PROTECT
SUPPORT

20. 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.

21. 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

22. 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.

23. 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/ 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/ Hab.

24. ACCESS TO INTERNATIONAL MECHANISMS5
ASSISTANCE IN INDIVIDUAL OR
COLLECTIVE COMPLAINTS
Ensure information and access to applicable regional and international mechanisms.
i.e.: ECHR, CEDAW, European Social Charter.

25. PROSECUTION 4

26. 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

27. 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

28. 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

29. 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

30. 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 ).
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

31. 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

32. 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 32