Council of Europe Convention on Preventing and Combating Violence against Women and

Domestic Violence – Process and Contestations

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.

Chronology of the current text 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).

Process of drafting a CoE Convention on

Preventing and Combating VAW

Following the Campaign to Combat Violence against Women, including Domestic Violence (2006 – 2008),which revealed the need for a legally binding instrument to prevent, protect against and punish all forms of violence against women

the CoE Committee of Ministers mandated the Council of Europe Ad-hoc Committee on Preventing and Combating Violence against Women and Domestic Violence (CAHVIO) to develop a legally binding instrument (Convention) on violence against women and domestic violence for the 47 Member States of the Council of Europe by the end of 2010.

Process of drafting a CoE Convention on Preventing and Combating VAW

Ambiguous mandate: to prepare one or more legally binding instrument(s), as appropriate, to prevent and combat: domestic violence including specific forms of violence against women; other forms of violence against women; to protect and support the victims of such violence and prosecute the perpetrators.

Competing understandings of the scope of violence covered by the planned Convention, within the CoE: Council of Europe task force to combat violence against women, including domestic violence (all forms of violence against women) and European Committee on Crime Problems (CDPC) (domestic violence, also affecting men, children, the elderly)

Transnational Women’s movements’ naming of

the problem of violence against women

A movement to name violence against women and define it as violation of human rights and discrimination against women (Keck and Sikkink, 1998; Engle Merry 2006, 2009; Kelly 2005; Edwards 2011 – discusses adv’tages and disadv’tages of this feminist strategy)

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.

Naming the problem –what is violence against women?

UN Declaration on the Elimination of VAW

Violence against women shall be understood to encompass, but not be limited to, the following; 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.

(General Assembly resolution 48/104 of 20 December 1993)

Naming the problem –what is violence against women?

UN Secretary General’s In-Depth Study on VAW (2006) VAW is defined to include:

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

Process of drafting a CoE Convention on Preventing and Combating VAW

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.”

Process of drafting a CoE Convention on Preventing and Combating VAW

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.

Process of drafting a CoE Convention on Preventing and Combating VAW

Dec 2009: Contentious issues:

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.

Process of drafting a CoE Convention on Preventing and Combating VAW

Dec 2009: Contentious issues: Women as a group

Focus of the Convention on women’s 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 women’s 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.

Process of drafting a CoE Convention on Preventing and Combating VAW

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).

Process of drafting a CoE Convention on Preventing and Combating VAW

Nov and Dec 2010: Is violence against women gendered after all and what does

‘gender’ in gender-based violence signify?

Sweden: relation between violence against women, human rights and discrimination is problematic

UK: violence against women is not violation of human rights (reservation on article 3

Spain: In article 3 (definitions) Spain also had a reservation, but on the inclusion of “against women” in the term gender-based violence in lit d. (“gender based violence against women” instead of “gender based violence”);

CoE Draft Convention on Preventing and

Combating VAW and DV

The draft Convention:

Difficult compromise upheld in current Article 2 (Scope of the Convention);

Specific forms of violence against women covered: physical violence; sexual violence, including rape; psychological violence; stalking; forced marriage; female genital mutilation; forced abortion and forced sterilisation; sexual harassment; [unacceptable justification for crimes, including crimes committeed in the name of so-called ‘honor’+

CoE Draft Convention on Preventing and

Combating VAW and DV

Obligations of Parties: Principles of State responsibility, including due diligence (Article 5). Specifics obligations: 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

Introduces a monitoring mechanism (GREVIO – procedures similar to CEDAW Committee + Committee of the Parties)

Some UN Women contributions ‘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, includingdomestic violence was not successful. Current text consistently speaks about violence against women anddomestic violence

How does this matter for States and

advocates?

Which Member States will sign and ratify the Convention?

How will the monitoring mechanism be used?

EU – will it sign the CoE Convention?

Thank you! Questions and comments welcomed …

raluca.popa@unwomen.org