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Raluca Maria Popa, April 11, 2011 QUING Symposium on Gender based violence policies, Lancaster, UK
The views expressed in this presentation are those of the author and do not necessarily represent the views of UN Women, the United Nations or any of its affiliated organizations.
News:
On 7 April 2011, the Committee of Ministers (Ministers Deputies) of the Council of Europe voted the adoption of the new Convention on preventing and combating violence against women and domestic violence. On the dedicated website, the Council of Europe says: This Convention is the first legally binding instrument in the world creating a comprehensive legal framework to prevent violence, to protect victims and to end with the impunity of perpetrators. It defines and criminalizes various forms of violence against women (including forced marriage, female genital mutilation, stalking, physical and psychological violence and sexual violence). It also foresees the establishment of an international group of independent experts to monitor its implementation at national level. The Convention will be opened for signature in Istanbul on 11 May 2011.
27 May 2009: An Interim Report outlined the content of the future instrument October 2009: First Draft Convention on Preventing and Combating Violence against Women and Domestic Violence 1-3 December 2009 and 22-24 February 2010: First reading of the draft text May 2010: Second draft Convention + 1st Compilation of comments 29 June 2 July and 27-30 September, 2010: Second reading of the draft Convention October 2010: Third draft Convention + 2nd Compilation of Reservations and Comments 8-10 November: Third reading of the draft convention 12 November: Fourth Draft Convention 13-17 December 2010: Final reading of the draft Convention CAHVIO ended its Dec meeting with a final indicative vote and approved by consensus the final draft convention to be transmitted to the Committee of Ministers. The delegations from Poland, Spain and the United Kingdom abstained.
Post-CAHVIO process
18th January: Meeting of the Rapporteur Group on Legal Co-operation (GR-J) for the transmission of the draft convention to the Parliamentary Assembly for opinion. 24th January: Adoption of the opinion by the Committee on Equal Opportunties for Women and Men of the Parliamentary Assembly. 11th March: Adoption of the opinion by the Parliamentary Assembly. Adoption by the Committee of Ministers (7 April, 2011 final draft text not altered; explanatory report altered) and opening for signature (11 May, 2011).
General Recommendation 19 of CEDAW (1992) Gender-based violence is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on a basis of equality with men . Gender-based violence is violence that is directed against a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty.
Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation; Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution; Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.
Domestic violence Female genital mutilation Forced pregnancy Forced sterilization Female infanticide Femicide Forced marriage Harmful practices Maltreatment of widows Marital rape Sexual harassment Sexual violence Sexual violence in situations of armed conflict So-called honor crimes Stalking Trafficking
Compromise reached in May 2009 in an Interim Report: The Committee *CAHVIO+ is of the opinion that the focus of the future convention should be on the elimination of violence against women. Furthermore, the future convention should deal with domestic violence which affects women disproportionally. The convention should also allow for the application of its provisions to all victims of domestic violence.
May 2009: Strong supporters of a future Convention focused on gender-based violence were Austria, Germany, Spain, Turkey and the civil society observers. Strong opponents of a Convention on violence against women and advocates of a domestic violence instrument were the Czech Republic, the Netherlands and Ireland. Germany brokered an agreement with the three opposing delegations.
Definition of violence against women as discrimination against women and violation of human rights. The definition of VAW as discrimination against women and violation of human rights was contested by several delegations (Sweden, Russia, Denmark) i.e., not all violence against women is discrimination against women and violation of their human rights. Turkey and the scientific experts made reference to GR 19 of CEDAW Committee, European Court of Human Rights rulings (particularly Opuz vs. Turkey) to provide justification for maintaining the definition of VAW as a form of discrimination and violation of human rights.
Dec 2009: Contentious issues: Women as a group Focus of the Convention on womens human rights: Experts stressed that the Convention is a human rights convention. However, some delegates had contesting views of the focus of the Convention on womens human rights. For example, in deliberations on Art. 4, part 1 (currently, Parties shall take the necessary legislative and other measures to implement the right for everyone, particularly women, to be free from violence in both the public and the private sphere) Estonia, Denmark, Russia opposed the term particularly women. Turkey reasoned that, if anything, the term everyone should be deleted.
Dec 2009: Contentious issues: Definition of gender and difference between gender and sex; Inclusion of sexual orientation among the grounds of discrimination that are specifically prohibited: Russia opposed at all levels the inclusion of sexual orientation among the grounds for discrimination that are specifically prohibited. ILGA Europe submitted to CAHVIO an eloquent paper on the need to ensure that the convention addresses the obligation of Member States to prevent and combat violence against lesbian, bisexual and transgender women. The Netherlands, Germany, and Amnesty International stressed the importance of including all grounds of discrimination (including sexual orientation and gender identity).
Obligations of Parties: Principles of State responsibility, including due diligence (Article 5). Specifics obligations:
Introduces a monitoring mechanism (GREVIO procedures similar to CEDAW Committee + Committee of the Parties)
offer comprehensive protective measures (such as emergency and restraining orders); extend the mandate of law enforcement agencies in offering assistance; offer adequate support and protection in response to all forms of VAW and DV, including hotlines, shelters, counseling, medical and forensic services, as well as legal aid. address the need to step up activities in the areas of education, training of professionals and general awareness-raising to change attitudes, gender roles and stereotypes which condone violence against women. It also promotes the principle that eradicating violence against women and domestic violence requires a comprehensive and multi-faceted strategy which needs to be carried out jointly by a wide range of actors. Source: CoE, Working Towards a Convention on Preventing and Combating Violence against Women and Domestic Violence, p. 2
Women includes girls Definition of VAW from CEDAW GR 19 Migrant women, including undocumented migrants (Explanatory memorandum) Risk assessment (assessment of the lethality risk and the seriousness of the situation) includes the possession of or access to firearms by perpetrators of acts of violence covered by the scope of this Convention. (current article 51) Unsuccessful contributions advocacy for a Convention focused on all forms of violence against women, including domestic violence was not successful. Current text consistently speaks about violence against women and domestic violence