LIU, Alm.del - 2012-13 - Bilag 77: Notat om de lovgivningsmæssige konsekvenser af Europarådets konvention til forebyggelse og bekæmpelse af vold mod kvinder og vold i hjemmet, fra justitsministeren

1. Violence against women, including domestic violence, is one of the most serious forms of gender-basedviolations of human rights in Europe and is still shrouded in silence. Domestic violence – against other victimssuch as children, men and the elderly – is also a hidden phenomenon which affects too many families to beignored.2. Prevalence rates for Europe do not exist, but many member states have increasingly conducted surveys tomeasure the extent of violence against women nationally. Although methodologies vary, an overview of thesesurveys suggests that across countries, one-fifth to one-quarter of all women have experienced physicalviolence at least once during their adult lives and more than one-tenth have suffered sexual violence involvingthe use of force. Figures for all forms of violence, including stalking, are as high as 45%. The majority of suchviolent acts are carried out by men in their immediate social environment, most often by partners and ex-partners.3. Secondary data analysis supports a conservative estimate that about 12% to 15% of all women have beenin a relationship of domestic abuse since the age of 16. Many more continue to suffer physical and sexualviolence from former partners even after the break-up, indicating that, for a large number of women, ending anabusive relationship does not necessarily mean physical safety.4. Domestic violence against children is widespread and studies have revealed the link between domesticviolence against women and child physical abuse, as well as the trauma that witnessing violence in the homecauses in children. For other forms of domestic violence, such as elderly abuse and domestic violence againstmen, reliable data are relatively scarce.5. Violence against women is a worldwide phenomenon. The Committee on the Elimination of Discriminationagainst Women (CEDAW Committee) of the United Nations Convention on the Elimination of All Forms ofDiscrimination Against Women (CEDAW) in its general recommendation on violence against women No. 19(1992) helped to ensure the recognition of gender-based violence against women as a form of discriminationagainst women. The United Nations General Assembly adopted a Declaration on the Elimination of Violenceagainst Women in 1993 that laid the foundation for international action on violence against women. In 1995, theBeijing Declaration and Platform for Action identified the eradication of violence against women as a strategicobjective among other gender-equality requirements. In 2006, the UN Secretary-General published his in-depthstudy on all forms of violence against women, in which he identified the manifestations and international legalframeworks relating to violence against women, and also compiled details of “promising practices” which haveshown some success in addressing this issue.6. As a regional instrument open for ratification and accession to non-member states, the Council of EuropeConvention on preventing and combating violence against women and domestic violence complements andexpands the standards set by other regional human rights organisations in this field. The Inter-AmericanConvention on the prevention, punishment and eradication of violence against women, adopted in 1994 by theOrganisation of American States, and the Protocol to the African Charter on Human and Peoples’ Rights on theRights of Women in Africa, adopted in 2003 by the African Union, both address the issue of violence againstwomen. More comprehensive in nature, the Council of Europe convention significantly reinforces action toprevent and combat violence against women and domestic violence at world level.Action of the Council of Europe7. One of the primary concerns of the Council of Europe, representing 47 member states and their 800 millioncitizens, is to safeguard and protect human rights. Violence against women, including domestic violence,undermines the core values on which the Council of Europe is based.8. Since the 1990s the Council of Europe, in particular its Steering Committee for Equality between Womenand Men (CDEG), has undertaken a series of initiatives to promote the protection of women against violence. In1993, the 3rd European Ministerial Conference on Equality between Women and Men was devoted toStrategiesfor the elimination of violence against women in society: the media and other means.9. An Action Plan to Combat Violence against Women which had subsequently been developed provided thefirst comprehensive policy framework for national administrations. This was followed up in 2002 by the adoptionof Council of Europe Recommendation Rec(2002)5 of the Committee of Ministers to member states on theprotection of women against violence. It represents a milestone in that it proposes, for the first time in Europe, acomprehensive strategy for the prevention of violence against women and the protection of victims in all Councilof Europe member states. Since 2002, it has served as the most important reference text for member states in

combating violence against women. Its implementation is regularly monitored by means of a monitoringframework to evaluate progress. Several monitoring cycles were completed and their outcome assessed andpublished. They showed that, in particular in the areas of legislation, police investigation and prosecution, muchhad been done to enhance the criminal law response to violence against women. Nonetheless, many gapsremain. In other areas, notably the provision of services for victims, signs of progress are scarce.10. To give new impetus to the eradication of violence against women, and to reaffirm their commitment to thisaim, the Heads of State and Government of the Council of Europe member states decided at their 3rd Summit(Warsaw, 16-17 May 2005) to carry out a large-scale campaign on the issue, devised and closely monitored bythe Council of Europe Task Force to Combat Violence against Women, including Domestic Violence, whosemembers were appointed by the Secretary General of the Council of Europe.11. The campaign was conducted at three levels: intergovernmental, parliamentary and local. Member stateswere asked to make significant progress in four main areas: legal and policy measures, support and protectionfor victims, data collection and awareness raising. They were also invited to carry out national campaigns tolobby for stronger implementation of Recommendation Rec(2002)5 on the protection of women against violence,which more than half the member states did.12. Thanks to the unique role of the Parliamentary Assembly of the Council of Europe, comprising delegationsfrom all 47 national parliaments, there was a strong parliamentary dimension to the campaign. Manyparliamentarians have, individually and jointly, pushed for changes in legislation to protect women from gender-based violence. By organising parliamentary debates and hearings on violence against women, but also ininterviews and public statements, parliamentarians have greatly contributed to raising awareness of this topic.Parliamentarians in many member states continue to actively lobby for change and have created a “Network ofContact Parliamentarians” who are committed to combating violence against women at national level.13. The campaign revealed the magnitude of the problem in Europe, but it also brought to light examples ofgood practice and initiatives in many different member states. It increased awareness among key actors andhelped place the various forms of violence against women on the political agenda.14. Furthermore, the assessment of national measures to address violence against women carried out by theTask Force showed the need for harmonised legal standards and the collection of relevant data to ensure thatvictims across Europe benefit from the same level of protection and support. The Task Force thereforerecommended in its Final Activity Report (EG-TFV (2008) 6) that the Council of Europe develop a human rightsconvention to prevent and combat violence against women.15. Moreover, the European Ministers of Justice decided during their 27th Conference (Yerevan, Armenia, 12-13 October 2006) to assess the need for a Council of Europe legal instrument on violence against the partner,while being aware that such violence can be based on discriminating prejudices in terms of inequalities resultingfrom gender, origins and economic dependency. Following the results of the “Feasibility study for a conventionagainst domestic violence” (CDPC (2007) 09 rev), it was concluded by the European Committee on CrimeProblems (CDPC) that such an instrument would be necessary.16. The Parliamentary Assembly has long taken a firm political stance against all forms of violence againstwomen. It has adopted a number of resolutions and recommendations on the various forms of violence againstwomen; in particular, Resolution 1247 (2001) on female genital mutilation, Resolution 1582 (2002) on domesticviolence, Resolution 1327 (2003) on so-called “honour crimes”, Recommendation 1723 (2005) on forcedmarriages and child marriages, Recommendation 1777 (2007) on sexual assaults linked to “date-rape drugs”and, more recently, Resolution 1654 (2009) on Feminicides and Resolution 1691 (2009) on rape of women,including marital rape.17. The Parliamentary Assembly has repeatedly called for legally binding standards on preventing, protectingagainst and prosecuting the most severe and widespread forms of gender-based violence and has expressed itssupport to the drafting of the Council of Europe Convention on preventing and combating violence againstwomen and domestic violence.The Council of Europe Convention on preventing and combating violence against women and domesticviolence18. In response to the recommendations by the Task Force to develop a convention on violence against womenand the results of the feasibility study on a convention on violence against the partner, the Committee ofMinisters decided to set up a multi-disciplinary committee mandated to develop legally binding standards thatwould cover both these areas: violence against women and domestic violence.

19. As a result, the Ministers’ Deputies of the Council of Europe adopted, at their 1044th meeting on10 December 2008, the terms of reference for the Ad Hoc Committee on Preventing and Combating Violenceagainst Women and Domestic Violence (CAHVIO) to prepare one or more legally binding instrument[s] “toprevent and combat domestic violence, including specific forms of violence against women, other forms ofviolence against women, and to protect and support the victims of such violence as well as prosecute theperpetrators”. The Deputies also requested that CAHVIO “present, by 30 June 2009, an interim report on itsposition on the subjects and contents of the proposed instrument(s), its working methods and the timetable forits work, in order to allow the Committee of Ministers to take a decision, where necessary, on these matters”.The interim report reflected the opinion of the Committee that the focus of the convention was to be on theelimination of violence against women. Furthermore, the convention would deal with domestic violence whichaffects women disproportionately, while allowing for the application of its provisions to all victims of domesticviolence. At its 1062nd meeting of 1 July 2009, the Deputies “took note of the interim report …” and “invited theCAHVIO to continue its work in accordance with the work programme and timetable set out in the interim reportand, in particular, to prepare the instruments proposed in the report”. On that basis, in December 2009, theCAHVIO started negotiations on the Convention on preventing and combating violence against women anddomestic violence. The CAHVIO held six meetings, in December 2009 and February, June/July, September,November and December 2010 to finalise the text.20. The text of the draft convention was approved by the CAHVIO during its meeting in December 2010 andtransmitted to the Committee of Ministers for submission to the Parliamentary Assembly for opinion. On11 March 2011, the Parliamentary Assembly gave its opinion on the draft convention.21. Building on Recommendation Rec(2002)5 on the protection of women against violence, the convention sets,for the first time in Europe, legally binding standards to prevent violence against women and domestic violence,protect its victims and punish the perpetrators. It fills a significant gap in human rights protection for women andencourages parties to extend its protection to all victims of domestic violence. It nonetheless frames theeradication of violence against women in the wider context of achieving substantive equality between womenand men and thus significantly furthers recognition of violence against women as a form of discrimination.

Preamble22. The Preamble reaffirms the commitment of the signatories to human rights and fundamental freedoms. Itrecalls only the most important international legal instruments which directly deal with the scope of thisconvention in the framework of the Council of Europe and the United Nations.23. During the negotiation process of this convention, these international legal instruments, in particular thoseprepared by the Council of Europe, have been taken into account. In addition, the drafters bore in mind thefollowing recommendations of the Council of Europe Parliamentary Assembly: Recommendation 1450 (2000) onviolence against women in Europe, Recommendation 1582 (2002) on domestic violence against women,Recommendation 1723 (2005) on forced marriages and child marriages, Recommendation 1759 (2006) onparliaments united in combating domestic violence against women, Recommendation 1777 (2007) on sexualassaults linked to “date-rape drugs”, Recommendation 1817 (2007) on “parliaments united in combatingdomestic violence against women”: mid-term assessment of the Campaign, Recommendation 1847 (2008) oncombating violence against women: towards a Council of Europe convention, Recommendation 1873 (2009) onsexual violence against women in armed conflict, Recommendation 1868 (2009) on action to combat gender-based human rights violations, including abduction of women and girls, Recommendation 1861 (2009) onfeminicides, Recommendation 1881 (2009) on the urgent need to combat so-called “honour crimes”,Recommendation 1887 (2009) on rape of women, including marital rape, Recommendation 1891 (2009) onmigrant women: at particular risk from domestic violence, and Recommendation 1905 (2010) on children whowitness domestic violence. Similarly, the drafters took into consideration Recommendation 260 (2009) oncombating domestic violence against women and Resolution 279 (2009) on combating domestic violenceagainst women of the Congress of Local and Regional Authorities of the Council of Europe.24. Furthermore, the negotiations were inspired by the following political declarations:a.the Declaration and Programme of Action adopted at the 5th European Ministerial Conference onEquality between Women and Men (Skopje, 22-23 January 2003);b.the Action Plan adopted at the 3rd Summit of the Heads of State and Government of the Council ofEurope (Warsaw, 16-17 May 2005);c.the Declaration “Making gender equality a reality” adopted by the Committee of Ministers of the Councilof Europe (Madrid, 12 May 2009);d.Resolution No. 1 on preventing and responding to domestic violence adopted at the 29th Council ofEurope Conference of Ministers of Justice (Tromsø, Norway, 18-19 June 2009);e.the Action Plan and Resolution adopted at the 7th Council of Europe Conference of Ministersresponsible for Equality between Women and Men (Baku, 24-25 May 2010);f.the Beijing Declaration and Platform for Action adopted at the Fourth World Conference of Women in1995, the report of the Ad Hoc Committee of the whole of the 23rd special session of the United Nations GeneralAssembly (Beijing + 5 – political declaration and outcome document) as well as the political declaration from the49th session of the United Nations Commission on the Status of Women in 2005 (Beijing + 10) and 54th sessionof the United Nations Commission on the Status of Women in 2010 (Beijing + 15) and Women 2000: GenderEquality, Development and Peace for the 21st Century.25. The preamble sets out the basic aim of the convention: the creation of a Europe free from violence againstwomen and domestic violence. To this end, it firmly establishes the link between achieving gender equality andthe eradication of violence against women. Based on this premise, it recognises the structural nature of violenceagainst women and that it is a manifestation of the historically unequal power relations between women andmen. Consequently, the Preamble sets the scene for a variety of measures contained in the convention thatframe the eradication of violence against women within the wider context of combating discrimination againstwomen and achieving gender equality in law and in fact. It should also be noted that the term “discriminationagainst women” should be interpreted as constituting “any distinction, exclusion or restriction made on the basisof sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise bywomen, irrespective of their marital status, on a basis of equality of men and women, of human rights andfundamental freedoms in the political, economic, social, cultural, civil or any other field” as provided in Article 1of CEDAW. At the same time the drafters wished to acknowledge that violence against women and domesticviolence may be explained and understood in various manners at structural, group and individual levels.

Violence against women and domestic violence are complex phenomena and it is necessary to use a variety ofapproaches in combination with each other in order to understand them.26. The drafters wished to emphasise that violence against women seriously violates and impairs or nullifies theenjoyment by women of their human rights, in particular their fundamental rights to life, security, freedom, dignityand physical and emotional integrity, and that it therefore cannot be ignored by governments. Moreover, theyrecognised that violence affects not only women adversely, but society as a whole and that urgent action istherefore required. Finally, they stressed the fact that some groups of women, such as women and girls withdisabilities, are often at greater risk of experiencing violence, injury, abuse, neglect or negligent treatment,maltreatment or exploitation, both within and outside the home.27. In addition to affirming that violence against women, including domestic violence against women, is adistinctly gendered phenomenon, the signatories clearly recognise that men and boys may also be victims ofdomestic violence and that this violence should also be addressed. Where children are concerned, it isacknowledged that they do not need to be directly affected by the violence to be considered victims but thatwitnessing domestic violence is also traumatising and therefore sufficient to victimise them.28. The drafters wished to stress that the obligations contained in this convention do not require parties to takemeasures that run counter to constitutional rules or fundamental principles relating to the freedom of the pressand the freedom of expression in other media.29. It is important to note that the measures contained in the convention are without prejudice to the positiveobligations on states to protect the rights recognised by the European Convention for the Protection of HumanRights and Fundamental Freedoms (ECHR). Measures should also take into account the growing body of caselaw of the European Court of Human Rights which sets important standards in the field of violence againstwomen, and which provided guidance to the drafters for the elaboration of numerous positive obligations andmeasures needed to prevent such violence.

Chapter I – Purposes, definitions, equality and non-discrimination, general obligationsArticle 1 – Purposes of the convention30. Paragraph 1 sets out the purposes of the convention. Paragraph 1a states as the specific purpose of theconvention the protection of women against all forms of violence, as well as the prevention, prosecution andelimination of violence against women and domestic violence.31. In line with the recognition contained in the preamble that there is a link between eradicating violenceagainst women and achieving gender equality in law and in fact, paragraph 1b specifies that the convention willcontribute to the elimination of all forms of discrimination against women and promote substantive equalitybetween women and men. The drafters considered it essential to clearly state this as one of the purposes of theconvention.32. Paragraph 1c reflects the need for a comprehensive approach to the protection of and assistance to allvictims of violence against women and domestic violence. The forms of violence covered by the scope of thisconvention have devastating consequences on victims. It is necessary to design a comprehensive framework tonot only ensure their further safety and re-establish their physical and psychological health, but to also enablethem to rebuild their lives. This framework should be grounded on a human rights based approach.33. Paragraph 1d deals with international co-operation, about which Chapter VIII contains details. Internationalco-operation is not confined to legal co-operation in criminal and civil matters but extends to the exchange ofinformation to prevent criminal offences established under the convention and to ensure protection fromimmediate harm.34. Eliminating violence requires extensive multi-agency co-operation as part of an integrated approach.Ensuring this approach to preventing and combating violence is stated as the final purpose of the convention inParagraph 1e. It is further developed in Chapter II and other sections of the convention.35. Paragraph 2 underlines that, in order to ensure the effective implementation of its provisions by the parties,the convention sets up a special monitoring mechanism. This is a means of ensuring parties’ compliance withthe convention and is a guarantee of the convention’s long-term effectiveness (see comments on Chapter IX).Article 2 – Scope of the convention36. Paragraph 1 states that the focus of this convention is on all forms of violence against women, whichincludes domestic violence committed against women. The drafters considered it important to emphasise thatthe majority of victims of domestic violence are women.37. The provision contained in paragraph 2 on the scope of the convention encourages parties to apply thisconvention also to domestic violence committed against men and children. It is therefore up to the parties todecide whether to extend the applicability of the convention to these victims. They may do so in the manner theyconsider the most appropriate, taking particular account of the specific national situation and of thedevelopments in their society. However, with a view to keeping the focus on the various forms of gender-basedviolence committed against women, paragraph 2 requires parties to pay particular attention to victims of thisform of violence when implementing the convention. This means that gender-based violence against women, inits various manifestations, one of which is domestic violence, must lie at the heart of all measures taken inimplementation of the convention.38. The basic principles of international humanitarian law and the Rome Statute of the International CriminalCourt, which are referred to in the preamble to the convention, affirm individual criminal responsibility underinternational law for violence that occurs primarily (but not exclusively) during armed conflict. Article 7 of theRome Statute (crimes against humanity committed as part of a widespread or systematic attack directed againstany civilian population) and Article 8 (war crimes) include crimes of violence committed largely against womensuch as rape and sexual violence. However, the forms of violence covered by the present convention do notcease during armed conflict or periods of occupation. Paragraph 3 therefore provides for the continuedapplicability of the convention during armed conflict as complementary to the principles of internationalhumanitarian law and international criminal law.

Article 3 – Definitions39. Article 3 provides several definitions which are applicable throughout the convention.Definition of “violence against women”40. The definition of “violence against women” makes clear that, for the purpose of the convention, violenceagainst women shall be understood to constitute a violation of human rights and a form of discrimination. This isin line with the purpose of the convention set out in Article 1.b and needs to be borne in mind whenimplementing the convention. The second part of the definition is the same as contained in Council of EuropeRecommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of womenagainst violence, the CEDAW Committee General Recommendation No. 19 on violence against women (1992),as well as in Article 1 of the United Nations Declaration on the Elimination of All Forms of Violence againstWomen. The drafters have, however, expanded it to include the notion of “economic harm” which can be relatedto psychological violence.Definition of “domestic violence”41. Article 3.b provides a definition of domestic violence that covers acts of physical, sexual, psychological oreconomic violence between members of the family or domestic unit, irrespective of biological or legal family ties.In line with what is mentioned in paragraph 40, economic violence can be related to psychological violence.Domestic violence includes mainly two types of violence: intimate-partner violence between current or formerspouses or partners and inter-generational violence which typically occurs between parents and children. It is agender-neutral definition that encompasses victims and perpetrators of both sexes.42. Domestic violence as intimate-partner violence includes physical, sexual, psychological or economicviolence between current or former spouses as well as current or former partners. It constitutes a form ofviolence which affects women disproportionately and which is therefore distinctly gendered. Although the term“domestic” may appear to limit the context of where such violence can occur, the drafters recognised that theviolence often continues after a relationship has ended and therefore agreed that a joint residence of the victimand perpetrator is not required. Inter-generational domestic violence includes physical, sexual, psychologicaland economic violence by a person against her or his child or parent (elderly abuse) or such violence betweenany other two or more family members of different generations. Again, a joint residence of the victim andperpetrator is not required.Definition of “gender”43. As the convention places the obligation to prevent and combat violence against women within the widerframework of achieving equality between women and men, the drafters considered it important to define theterm “gender”. In the context of this convention, the term gender, based on the two sexes, male and female,explains that there are also socially constructed roles, behaviours, activities and attributes that a given societyconsiders appropriate for women and men. Research has shown that certain roles or stereotypes reproduceunwanted and harmful practices and contribute to make violence against women acceptable. To overcome suchgender roles, Article 12.1 frames the eradication of prejudices, customs, traditions and other practices which arebased on the idea of the inferiority of women or on stereotyped gender roles as a general obligation to preventviolence against women. Elsewhere, the convention calls for a gendered understanding of violence againstwomen and domestic violence as a basis for all measures to protect and support victims. This means that theseforms of violence need to be addressed in the context of the prevailing inequality between women and men,existing stereotypes, gender roles and discrimination against women in order to adequately respond to thecomplexity of the phenomenon. The term “gender” under this definition is not intended as a replacement for theterms “women” and “men” used in the convention.Definition of “gender-based violence against women”44. The term “gender-based violence against women” is used throughout the convention and refers to violencethat is directed against a woman because she is a woman or that affects women disproportionately. It differsfrom other types of violence in that the victim’s gender is the primary motive for the acts of violence describedunder sub-paragrapha.In other words, gender-based violence refers to any harm that is perpetrated against awoman and that is both the cause and the result of unequal power relations based on perceived differencesbetween women and men that lead to women’s subordinate status in both the private and public spheres. Thistype of violence is deeply rooted in the social and cultural structures, norms and values that govern society, andis often perpetuated by a culture of denial and silence. The use of the expression “gender-based violence

against women” in this convention is understood as equivalent to the expression “gender-based violence” usedin the CEDAW Committee General Recommendation No. 19 on violence against women (1992), the UnitedNations General Assembly Declaration on the Elimination of Violence against Women (1993) andRecommendation Rec(2002)5 of the Committee of Ministers of the Council of Europe to member states on theprotection of women against violence (2002). This expression is to be understood as aimed at protecting womenfrom violence resulting from gender stereotypes, and specifically encompasses women.Definition of “victim”45. The convention contains a large number of references to victims. The term “victim” refers to both victims ofviolence against women, and victims of domestic violence, as defined in Article 3.a and Article 3.b respectively.While only women, including girls, can be victims of violence against women, victims of domestic violence mayinclude men and women as well as children. In line with other international human rights treaties, the term “child”shall mean any person under the age of 18 years. The term “victim” should be understood in accordance withthe scope of the convention.Definition of “women”46. Conscious of the fact that many of the forms of violence covered by the convention are perpetrated againstboth women and girls, the drafters did not intend to limit the applicability of the convention to adult victims only.Sub-paragraphftherefore clearly states that the term “women” includes girls under the age of 18 years.47. This convention is an agreement between states, which would create obligations only for them. Theprovisions contained in Articles 3 and 4 do not create any new rights but clarify existing human rights. Anyobligations for individuals would follow from such legislative and other measures which parties adopt inaccordance with the convention.Article 4 – Fundamental rights, equality and non-discrimination48. Paragraph 1 states the principle that every person has the right to live free from violence in the public andthe private sphere. With a view to the focus of the convention, the drafters considered it important to include theparticular obligation to promote and protect this right for women which are predominantly victims of gender-based violence.49. Discrimination against women provides a breeding ground for tolerance towards violence against women.Any measures taken to prevent and combat violence against women need to promote equality between womenand men as only substantive equality will prevent such violence in the future. In theOpuz v. Turkeyjudgment,the European Court of Human Rights discussed the interconnection between discrimination and violenceagainst women and held that gender-based violence constitutes a form of discrimination because it mainlyaffects women, and women were not protected by the law on an equal footing with men.50. For these reasons, paragraph 2 affirms the principle of substantive equality between women and men byrequiring parties to not only condemn all forms of discrimination against women, but to enshrine the principle ofequality in law, ensure its practical realisation as well as prohibit discrimination by law and abolish anydiscriminatory legislation and practices. It recognises that the enjoyment of the right to be free from violence isinterconnected with the parties’ obligation to secure equality between women and men to exercise and enjoy allcivil, political, economic, social and cultural rights as set out in the human rights instruments of the Council ofEurope, particularly the ECHR and its Protocols and the European Social Charter, and other internationalinstruments, particularly CEDAW, to which they are parties.51. It is important to note that this paragraph provides parties with two options to meet the requirement ofenshrining in law the principle of equality between women and men: a constitutional amendment or itsembodiment in other legislative act. Furthermore, the obligation to ensure the practical realisation of equalitybetween women and men addresses the fact that enshrining it in law is often insufficient and that practicalmeasures are required to implement this principle in a meaningful way.52. Paragraph 3 prohibits discrimination in parties’ implementation of the convention. The meaning ofdiscrimination is identical to that given to it under Article 14 of the ECHR. The list of non-discrimination groundsdraws on that in Article 14 ECHR as well as the list contained in Protocol No. 12 to the ECHR. It is worthpointing out that the European Court of Human Rights has applied Article 14 to discrimination grounds notexplicitly mentioned in that provision (see, for example, as concerns the ground of sexual orientation, thejudgment of 21 December 1999 inSalgueiro da Silva Mouta v. Portugal).

53. In light of this case law, the drafters wished to add the following grounds for discrimination which are of greatrelevance to the subject matter of the convention: gender, sexual orientation, gender identity, age, state ofhealth, disability, marital status, and migrant or refugee status or other status, meaning that this is an open-ended list. Research into help-seeking behaviour of victims of violence against women and domestic violence,and also into the provision of services in Europe, shows that discrimination against certain groups of victims isstill widespread. Women may still experience discrimination at the hands of law enforcement agencies or thejudiciary when reporting an act of gender-based violence. Similarly, gay, lesbian and bisexual victims ofdomestic violence are often excluded from support services because of their sexual orientation. Certain groupsof individuals may also experience discrimination on the basis of their gender identity, which in simple termsmeans that the gender they identify with is not in conformity with the sex assigned to them at birth. This includescategories of individuals such as transgender or transsexual persons, cross-dressers, transvestites and othergroups of persons that do not correspond to what society has established as belonging to “male” or “female”categories. Furthermore, migrant and refugee women may also be excluded from support services because oftheir residence status. It is important to point out that women tend to experience multiple forms of discriminationas may be the case of women with disabilities and/or women of ethnic minorities, Roma, or women withHIV/Aids, to name but a few. This is no different when they become victims of gender-based violence.54. The extent of the prohibition on discrimination contained in paragraph 3 is much more limited than theprohibition of discrimination against women contained in paragraph 2 of this article. It requires parties to refrainfrom discrimination in the implementation of the provisions of this convention, whereas paragraph 2 calls onparties to condemn discrimination in areas beyond the remit of the convention.55. Paragraph 4 refers to special measures which a party to the convention may wish to take to enhance theprotection of women from gender-based violence – measures which would benefit women only. This provisiondoes not overrule the general prohibition of discrimination. Drawing on Article 4 of CEDAW, this paragraphstipulates that special measures which aim to prevent and protect women from gender-based violence andwhich do not address men do not constitute a form of discrimination. This is in line with the concept ofdiscrimination as interpreted by the European Court of Human Rights in its case law concerning Article 14ECHR. In particular, this case law has made clear that not every distinction or difference of treatment amounts todiscrimination. As the Court has stated, for example in theAbdulaziz, Cabales and Balkandali v. United Kingdomjudgment, “a difference of treatment is discriminatory if it has no objective and reasonable justification, that is, ifit does not pursue a legitimate aim or if there is not a reasonable relationship of proportionality between themeans employed and the aim sought to be realised”. The fact that women experience gender-based violence,including domestic violence, to a significantly larger extent than men can be considered an objective andreasonable justification to employ resources and take special measures for the benefit of women victims only.56. See also paragraph 47.Article 5 – State obligations and due diligence57. Under international law a state is responsible for the commission of an internationally wrongful act which isattributable to it, through the conduct of their agents such as the police, immigration officials and prison officers.This principle is set out in the International Law Commission's Articles on the Responsibility of States forInternationally Wrongful Acts (2001), which are widely accepted as customary international law. Underinternational human rights law, the state has both negative duties and positive duties: state officials must bothrespect the law and refrain from the commission of internationally wrongful acts and must protect individualsfrom their commission by other non-state actors. Article 5.1 addresses the state obligation to ensure that theirauthorities, officials, agents, institutions and other actors acting on behalf of the state refrain from acts ofviolence against women, whereas paragraph 2 sets out parties’ obligation to exercise due diligence in relation toacts covered by the scope of this convention perpetrated by non-state actors. In both cases, failure to do so willincur state responsibility.58. A requirement of due diligence has been adopted in a number of international human rights instruments,interpretations, and judgments with respect to violence against women. These include CEDAW CommitteeGeneral Recommendation No. 19 on violence against women (1992), Article 4 of the United Nations GeneralAssembly Declaration on the Elimination of Violence against Women (1993), the Inter-American Convention onthe Prevention, Punishment and Eradication of Violence against Women (Convention ofBelém do Pará,1994)adopted by the Organisation of American States, and Council of Europe Recommendation Rec(2002)5 of theCommittee of Ministers to member states on the protection of women against violence (2002). Furthermore, thecontent of Article 5 reflects the case law of the European Court of Human Rights. In its recent case law ondomestic violence, the Court has adopted the obligation of due diligence (see the judgment ofOpuz v. Turkey,2009). It has established that the positive obligation to protect the right to life (Article 2 ECHR) requires state

authorities to display due diligence, for example by taking preventive operational measures, in protecting anindividual whose life is at risk.59. Against the backdrop of these developments in international law and jurisprudence, the drafters consideredit important to enshrine a principle of due diligence in this convention. It is not an obligation of result, but anobligation of means. Parties are required to organise their response to all forms of violence covered by thescope of this convention in a way that allows relevant authorities to diligently prevent, investigate, punish andprovide reparation for such acts of violence. Failure to do so incurs state responsibility for an act otherwisesolely attributed to a non-state actor. As such, violence against women perpetrated by non-state actors crossesthe threshold of constituting a violation of human rights as referred to in Article 2 insofar as parties have theobligation to take the legislative and other measures necessary to exercise due diligence to prevent, investigate,punish and provide reparation for acts of violence covered by the scope of this convention, as well as to provideprotection to the victims, and that failure to do so violates and impairs or nullifies the enjoyment of their humanrights and fundamental freedoms.60. The term “reparation” may encompass different forms of reparation under international human rights lawsuch as restitution, compensation, rehabilitation, satisfaction, and guarantee of non-repetition. As regardscompensation, it is important to note that this form of reparation shall only be provided by a party under theconditions set out in Article 30.2 of this convention. Finally, the term “non-state actor” refers to private persons, aconcept which is already expressed in point II of Council of Europe Recommendation Rec(2002)5 on theprotection of women against violence.Article 6 – Gender-sensitive policies61. Since Article 6 is placed under Chapter I, which also deals with general obligations of parties, its applicationextends to all other articles of this convention. The nature of this obligation is twofold. On the one hand, itrequires parties to ensure that a gender perspective is applied not only when designing measures in theimplementation of the convention, but also when evaluating their impact. This means that a gender impactassessment needs to be carried out in the planning stage of any measure which a party takes in theimplementation of this convention. It further means that during the evaluation stage, parties are required todetermine whether there is a gender differential in the impact of the provisions.62. On the other hand, this article calls on parties to promote and implement policies aimed at achieving equalitybetween women and men and at empowering women. This obligation complements the obligation to condemnand prohibit discrimination contained in Article 4.2. Convinced of the need to achieve equality between womenand men and to empower women in order to put an end to all forms of violence covered by the scope of thisconvention, the drafters believed it essential to place an obligation on parties that goes beyond the specificmeasures to be taken to prevent and combat such violence in order to achieve this goal. This ties in with thepurposes of the convention listed in Article 1, in particular the promotion of substantive equality between womenand men, including by empowering women, as expressed in Article 1.b.

Chapter II – Integrated policies and data collection63. Similar to other recent conventions negotiated at the level of the Council of Europe, this convention followsthe “three Ps” structure of “Prevention”, “Protection”, and “Prosecution”. However, since an effective response toall forms of violence covered by the scope of this convention requires more than measures in these three fields,the drafters considered it necessary to include an additional “P” (integratedPolicies).Article 7 – Comprehensive and co-ordinated policies64. Paragraph 1 requires parties to devise and implement policies which would comprise a multitude ofmeasures to be taken by different actors and agencies and which, taken as a whole, offer a holistic response toviolence against women. This obligation is further developed in paragraph 2. It requires parties to ensure thatthe adopted policies are implemented by way of effective multi-agency co-operation. Good practice examples insome member states show that results are enhanced when law enforcement agencies, the judiciary, women’snon-governmental organisations, child protection agencies and other relevant partners join forces on a particularcase, for example to carry out an accurate risk assessment or devise a safety plan. This type of co-operationshould not rely on individuals convinced of the benefits of sharing information but requires guidelines andprotocols for all agencies to follow, as well as sufficient training of professionals on their use and benefits.65. To ensure that the expertise and perspective of relevant stakeholders, agencies and institutions contributeto any policy making in this field, paragraph 3 calls for the involvement of “all relevant actors, such asgovernment agencies, the national, regional and local parliaments and authorities, national human rightsinstitutions and civil society organisations”. This is a non-exhaustive list of actors, which the drafters intended tocover, in particular, women’s non-governmental organisations and migrant organisations, but also religiousinstitutions. National human rights institutions refer to those established in accordance with the UN principles fornational institutions for the promotion and protection of human rights, adopted by United Nations GeneralAssembly Resolution 48/134, 1993. As national human rights institutions exist in many member states of theCouncil of Europe, the drafters considered it important to include these in the list of relevant actors, where theyexist. This provision does not contain the obligation to set up such institutions where they do not exist. Byincluding national, regional and local parliaments in this provision, the drafters wished to reflect the differentlevels of law-making powers in parties with a federal system. One way of ensuring the elements ofcomprehensive and co-ordinated policies on the one hand and the involvement of all relevant institutions andagencies on the other would be by drawing up national action plans.Article 8 – Financial resources66. This article aims to ensure the allocation of appropriate financial and human resources for both activitiescarried out by public authorities and those of relevant non-governmental and civil society organisations. AcrossCouncil of Europe member states, different practice exists when it comes to government funding for non-governmental organisations (NGOs) involved in preventing and combating all forms of violence covered by thescope of this convention. The obligation placed on parties is therefore that of allocating financial and humanresources for activities carried out by NGOs and civil society.67. In view of the different economic circumstances of member states, the drafters chose to limit the scope ofthis obligation to the allocation of appropriate resources. This means that the resources allocated need to besuitable for the target set or measure to be implemented.Article 9 – Non-governmental organisations and civil society68. In many member states, the overwhelming majority of services for victims of domestic violence, and alsoservices for victims of other various forms of violence against women, are run by NGOs or civil societyorganisations. They have a long tradition of providing shelter, legal advice, medical and psychologicalcounselling as well as of running hotlines and other essential services.69. The purpose of this article is to emphasise the important contribution these various organisations make topreventing and combating all forms of violence covered by the scope of this convention. It therefore requiresparties to the convention to recognise their work by, for example, tapping into their expertise and involving themas partners in multi-agency co-operation or in the implementation of comprehensive government policies whichArticle 7 calls for. Beyond such recognition, this article requires parties to the convention to actively encourageand support the work of these dedicated NGOs and civil society organisations. This means enabling them tocarry out their work in the best possible way. Although Article 9 refers only to NGOs and civil society active incombating violence against women, this should not prevent parties from going further and supporting the workthat is carried out by NGOs and civil society focusing on domestic violence in its wider scope.

Article 10 – Co-ordinating body70. Paragraph 1 entails the obligation to entrust one or more official government bodies with four specific tasks:co-ordinating, implementing, monitoring and evaluating the policies and measures which the respective party tothe convention has devised to prevent and combat all forms of violence covered by the scope of this convention.This can be done by setting up new official bodies or mandating official bodies already in existence with thesetasks. The term “official body” is to be understood as any entity or institution within government. It may be a bodyset up or already in existence either at national or regional level. Size, staffing and funding are to be decided bythe parties, as well as which entity it shall be answerable to and any reporting obligations it shall have.Regarding the tasks of implementation, monitoring and evaluation this body should be in existence on therespective level of a party’s structure which is responsible for the carrying out of the measures. This means thatin a federal government structure it may be necessary to have more than one body.71. The four tasks which this body or bodies are mandated to undertake aim to ensure that the variousmeasures taken by the party in implementation of this convention are well co-ordinated and lead to a concertedeffort of all agencies and all sectors of government. Moreover, they aim to ensure the actual implementation ofany new policies and measures. The monitoring task bestowed upon these bodies is limited to the monitoring ofhow and how effectively policies and measures to prevent and combat all forms of violence covered by thescope of this convention are being implemented at the national and/or regional and local level. It does notextend to monitoring compliance with the convention as a whole, which is a task performed by the independent,international monitoring mechanism set up in Chapter IX of the convention (see comments on Chapter IX).Lastly, the evaluation of policies and measures which these bodies are mandated to carry out comprises thescientific evaluation of a particular policy or measure in order to assess whether it meets the needs of victimsand fulfils its purpose as well as to uncover unintended consequences. This will require robust administrativeand population-based data, which Article 11 obliges parties to the convention to collect. For this reason, bodiescreated under this article are also assigned the task of co-ordinating the collection of the necessary data and toanalyse and disseminate its results. Some member states have set up observatories on violence against womenwhich already collect a vast variety of data. While these may serve as examples, the drafters decided to leave tothe parties the decision on how to ensure the co-ordination, analysis and dissemination of data by the bodies inquestion.72. Paragraph 2 of this article authorises these bodies to receive information within the framework of thisconvention which the respective party has taken in compliance with Chapter VIII (see comments onChapter VIII). It is important to note that, for data protection reasons, the authorisation is limited to receivinginformation of a general nature (see comments on Article 65). The obligation is therefore confined to ensuringthat bodies created under this article are kept informed, in a general manner and without references to individualcases, of international co-operation activities, including mutual legal assistance in civil and criminal matters. Thepurpose is to allow them to fulfil its role.73. The information and knowledge acquired through the exchange of experiences and practice is of great valuein preventing and combating all forms of violence covered by the scope of this convention. Paragraph 3therefore equips bodies created under this article with the ability to seek contact with and set up workingrelations with its counterparts created in other parties to the convention. This will allow for important cross-fertilisation that is mutually productive and will lead to further harmonisation of practice.Article 11 – Data collection and research74. Systematic and adequate data collection has long been recognised as an essential component of effectivepolicy making in the field of preventing and combating all forms of violence covered by the scope of thisconvention. Despite this recognition, examples of systematically collected administrative or population-baseddata in Council of Europe member states are rare. Additionally, available data are seldom comparable acrosscountries nor over time, resulting in a limited understanding of the extent and the evolution of the problem.Preventing and combating violence against women and domestic violence requires evidence-based policymaking. This implies effectively documenting the magnitude of violence by producing robust, comparative datain order to guide policy and to monitor the implementation of measures to address the problem. This chaptercontains the obligation to address the importance of regularly collecting representative and comparable data tothe devising and implementation of policies to prevent and combat all forms of violence covered by the scope ofthis convention. It establishes the type of data that will need to be collected, analysed and prepared fordissemination by the co-ordinating body or bodies created under Article 10 and provided to the Group ofindependent experts (GREVIO) responsible for the monitoring of the implementation of the convention (seeChapter IX). Additionally, it highlights the need to support research in the field of violence against women anddomestic violence.

75. The nature of the obligation contained in paragraph 1 is twofold. First, in order to design and implementevidence-based policies and assess whether they meet the needs of those exposed to violence, sub-paragrapharequires parties to collect disaggregated relevant statistical data at regular intervals on cases of all forms ofviolence covered by the scope of this convention. Accurate statistical information specifically designed to targetvictims and perpetrators of such violence is not only important in efforts to raise awareness among policymakers and the public on the seriousness of the problem, but can also encourage reporting by victims orwitnesses. Relevant statistical data may include administrative data collected from statistics compiled by healthcare services and social welfare services, law enforcement agencies and NGOs, as well as judicial datarecorded by judicial authorities, including public prosecutors. Appropriately collected statistical administrativeand judicial data can contribute to parties’ national response to all forms of violence covered by the scope of thisconvention by seeking information about the performance of government institutions as well as information oncrimes that authorities are dealing with within the criminal procedure. Service-based administrative data include,for instance, the systematic recording of data on how victims of such violence are using services and howgovernment agencies as well as the public (and private) health sector, in return, are serving them in their plightto seek justice, medical care, counselling, housing or other support. Agency-based client data on service use isnot only limited to assessing the effectiveness of policies in place, but can also provide a basis for estimating theadministrative cost of such violence. Furthermore, judicial data can provide information on the sentences andcharacteristics of convicted persons, as well as on conviction rates.76. Consequently, public authorities such as the judiciary, the police and social welfare services will need to setup data systems that go beyond the internal recording of the needs of the agency. Again, in order to show ifthere has been an improvement or a decline in the effectiveness of prevention, protection and prosecutionmeasures and policies, relevant statistical administrative and judicial data should be collected at regularintervals. The usefulness and relevance of such data depend above all on the quality of its recording. Althoughthe drafters felt it best to leave to the parties the choice of data categories used, as a minimum requirement,recorded data on victim and perpetrator should be disaggregated by sex, age, type of violence as well as therelationship of the perpetrator to the victim, geographical location, as well as other factors deemed relevant byparties such as disability. Recorded data should also contain information on conviction rates of perpetrators ofall forms of violence covered by the scope of this convention, including the number of protection orders issued.The Council of Europe study on “Administrative data collection on domestic violence in Council of Europemember states” (EG-VEW-DC(2008)Study) identifies these and other categories and designs a model approachcontaining recommendations on the collection of administrative data beyond current practices.77. Secondly, sub-paragraphbcreates the obligation for parties to support research in the field of all forms ofviolence covered by the scope of this convention. It is essential that parties base their policies and measures toprevent and combat such forms of violence on state-of-the art research and knowledge in this field. Research isa key element of evidence-based policy making and can thus contribute greatly to improving day-to-day, real-world responses to violence against women and domestic violence by the judiciary, support services and lawenforcement agencies. This provision therefore requires parties to undertake to support research efforts in orderto pursue further knowledge of the root causes and effects of the problem, incidences and conviction rates, aswell as of the efficiency of measures taken in implementation of the convention.78. Paragraph 2 details parties’ obligation to endeavour conducting population-based surveys. This impliescollecting data that are statistically representative of the target population so that they can be easily generalisedto the larger population. Population-based surveys can provide more general sociologically oriented insights intothe prevalence, nature, determinants and consequences of all forms of violence covered by the scope of thisconvention. They can also provide reliable data on victims’ experiences of violence, on the reasons for notreporting, on the services received, as well as victims’ opinions of and attitudes towards such violence. Partiesare additionally obliged to conduct such surveys at regular intervals in order to make a pertinent andcomparative assessment of the prevalence and the trends in all forms of violence covered by the scope of thisconvention by tracking developments longitudinally. In this case, the choice of population sample size and theregularity of such studies is left to the parties. Depending on the party, the scope of the surveys may be national,regional or local. It is, however, important to note that the combination of these levels can provide a macroscopicview of the phenomenon while also highlighting local or regional specificities. When designing population-basedsurveys, parties may refer to the World Health Organization (WHO) Multi-country Study on Women’s Health andDomestic Violence against Women as well as to the International Violence Against Women Survey (IVAWS).79. The drafters considered it important to highlight the distinction between population-based surveys andstatistical administrative and judicial data for they serve different purposes and answer different questions. Whilethe first can shed light on the level of severity and frequency as well as on the socio-economic and culturalfactors leading to violence against women and domestic violence, the second can contribute to address capacityissues of government agencies and evaluate the effectiveness of services provided for victims of such violence.

Using both types of data collection methods in conjunction can help gain an in-depth picture of the problem.Owing to a lack of shared definitions and common indicators for evaluating the prevalence and trends ofviolence against women and domestic violence, data that are available rarely allow for cross-countrycomparison. Consequently, it would be beneficial for parties to align the collection of data with standardisedindicators and methods already in existence or currently under development. Parties should take into accountexisting developments or initiatives to provide reliable and comparable data such as the European UnionAgency for Fundamental Rights violence against women international survey.80. As laid out in Article 65, the process of collecting, storing and transforming collected data should comply withstandards on data protection as contained in the Council of Europe Convention for the Protection of Individualswith regard to Automatic Processing of Personal Data (ETS No. 108), to ensure confidentiality and respect forthe privacy of victims, perpetrators and other persons involved. The standards laid out in Article 65 do not onlyapply in cases of transnational data exchange, but to all processes of collecting, storing and transforming ofcollected data.81. Complementing Article 68.7, the third paragraph of this article entails the obligation of parties to provide theindependent Group of experts referred to in Chapter IX with the information collected in order to stimulateinternational co-operation and enable international benchmarking. This not only allows the identification ofexisting good practice but also contributes to its harmonisation across the parties to the convention.82. Finally, paragraph 4 contains the obligation to ensure that the information collected pursuant to Article 11 isavailable to the public. It is, however, left to the parties to determine the form and means, as well as the type ofinformation that is to be made available. In making information collected pursuant to Article 11 available to thepublic, parties shall pay special attention to the privacy rights of persons affected.

Chapter III – Prevention83. This chapter contains a variety of provisions that come under the heading of prevention in the wide sense ofthe term. Preventing violence against women and domestic violence requires far-reaching changes in attitude ofthe public at large, overcoming gender stereotypes and raising awareness. Local and regional authorities can beessential actors in implementing these measures by adapting them to specific realities.Article 12 – General obligations84. This article comprises a number of general preventive measures which lay the foundation and representoverarching principles for more specific obligations contained in the subsequent articles of this chapter.85. The obligations contained in paragraph 1 are based on the conviction of the drafters that existing patterns ofbehaviour of women and men are often influenced by prejudices, gender stereotypes and gender-biasedcustoms or traditions. Parties to the convention are therefore required to take measures that are necessary topromote changes in mentality and attitudes. The purpose of this provision is to reach the hearts and minds ofindividuals who, through their behaviour, contribute to perpetuate the forms of violence covered by the scope ofthis convention. As a general obligation, this paragraph does not go into detail as to propose specific measuresto take, leaving it within the discretion of the party.86. Paragraph 2 requires parties to the convention to take the necessary legislative and other measures toprevent all forms of violence covered by the scope of this convention by any natural or legal person. Dependingon the national legal system, some of these measures may require the passing of a law while others may not.87. In addition to the prohibition of discrimination contained in Article 4.3, this paragraph requires positive actionto ensure that any preventive measures specifically address and take into account the needs of vulnerablepersons. Perpetrators often choose to target such persons because they know that they are less likely to be ableto defend themselves, or seek prosecution of the perpetrator and other forms of reparation, because of theirsituation. For the purpose of this convention, persons made vulnerable by particular circumstances include:pregnant women and women with young children, persons with disabilities, including those with mental orcognitive impairments, persons living in rural or remote areas, substance abusers, prostitutes, persons ofnational or ethnic minority background, migrants – including undocumented migrants and refugees, gay men,lesbian women, bisexual and transgender persons as well as HIV-positive persons, homeless persons, childrenand the elderly.88. Paragraph 4 stresses that all members of society can make an important contribution to the prevention ofviolence and should be encouraged to do so. As many of the forms of violence covered by the scope of thisconvention are perpetrated primarily by men and boys, the drafters considered it important to emphasise theirparticular role in the prevention of such violence. Bearing in mind the fact that the majority of men and boys arenot perpetrators, the drafters wanted to point out that their contribution can take on many forms in particular asrole models, agents of change and advocates for equality between women and men and mutual respect. Byspeaking out against violence, engaging other men in activities to promote gender equality and acting as rolemodels by actively taking on a caring role and family responsibilities men have an important contribution tomake.89. Paragraph 5 clearly states that culture, custom, religion, tradition or so-called “honour” shall not be invokedto justify any act of violence covered by the scope of this convention. Parties to the convention are thereforeobliged to ensure that their national laws do not contain loopholes for interpretations inspired by suchconvictions. Moreover, this obligation extends to the prevention of any official statements, reports orproclamations that condone violence on the basis of culture, custom, religion, tradition or so-called “honour”.This provision also establishes a key principle according to which the prohibition of any of the acts of violenceset out in the convention can never be invoked as a restriction of the perpetrator’s cultural or religious rights andfreedoms. This principle is important for societies where distinct ethnic and religious communities live togetherand in which the prevailing attitudes towards the acceptability of gender-based violence differ depending on thecultural or religious background.90. Rounding off the list of general preventive measures, paragraph 6 calls for the promotion of specificprogrammes and activities for the empowerment of women. This means empowerment in all aspects of life,including political and economic empowerment. This obligation is a reflection of the greater aim of achievinggender equality by increasing women’s agency and reducing their vulnerability to violence.Article 13 – Awareness raising

91. The purpose of this article is to ensure that the general public is fully informed of the various forms ofviolence that women experience on a regular basis as well as of the different manifestations of domesticviolence. This would help all members of society to recognise such violence, speak out against it and support itsvictims – neighbours, friends, relatives or colleagues – where possible and appropriate. The obligation entailsthe running of public awareness-raising campaigns or programmes on a regular basis that address and explainthese issues in a gender-sensitive manner. Awareness-raising activities should include the dissemination ofinformation on equality between women and men, non-stereotyped gender roles, and non-violent conflictresolution in interpersonal relationships. Moreover, the drafters considered it important that any campaignhighlight the harmful consequences for children which violence against women and domestic violence may havein its direct or indirect form.92. Many NGOs have a long tradition of carrying out successful awareness-raising activities – at local, regionalor national level. This provision therefore encourages the co-operation with national human rights institutionsand equality bodies, civil society and NGOs, in particular women’s organisations, where appropriate, in order toreach out to the general public. This however, is a non-exhaustive list of actors, which the drafters intended tocover. Furthermore, the inclusion of “where appropriate” in the provision means that parties are not obliged toset up such bodies or institutions where they do not exist. Finally, it should be noted that the term “women’sorganisations” refers to women’s NGOs working in the area of protection and support for women victims ofviolence against women.93. Paragraph 2 extends the obligation to the dissemination of concrete information on available government ornon-government preventive measures. This means the wide dissemination of information leaflets or posters oronline information material on services which the police or the local community offers, contact information oflocal, regional or national services such as helplines or shelters, and much more.Article 14 – Education94. Attitudes, convictions and behavioural patterns are shaped very early on in life. The promotion of genderequality, mutual respect in interpersonal relationships and non-violence must start as early as possible and isprimarily a responsibility of parents. Educational establishments, however, have an important role to play inenhancing the promotion of these values.95. In paragraph 1, this article addresses the need to design, where parties deem appropriate, teaching materialfor all levels of education (primary, secondary and tertiary education) that promotes such values and enlightenslearners with respect to the various forms of violence covered by the scope of this convention. Where partiesdeem teaching material appropriate, it needs to be adapted to the capacity of learners, which would, forexample, require primary school teaching material to meet the intellectual capacity of primary school students.Teaching material means any type of formally developed and approved material that forms part of the curriculumand which, where appropriate, all teachers at a particular school have access to and are required or requestedto use in class. As the words “where appropriate” indicate, the drafters did not want to impose a specific modelon the parties. Rather, this provision leaves it to the parties to decide which type of schooling and which agegroup of learners they consider such teaching material to be appropriate for. The drafters decided on thiswording to allow for a maximum of flexibility in the implementation of this provision also taking into accountdifferent possibilities between parties in determining teaching materials. Some states, for instance, determinethe teaching aims in their formal curriculum while leaving it to the schools to decide on the proper workingmethods and teaching materials to be used to reach these aims. The term “formal curriculum” refers to theplanned programme of objectives, content, learning experiences, resources and assessment offered by a schoolwhere appropriate. It does not refer to incidental lessons which can be learnt at school because of particularschool policies.96. Paragraph 2 extends the obligation to promote the principles of equality between women and men, non-stereotyped gender roles, mutual respect, non-violent conflict resolution in interpersonal relationships in allinformal educational facilities as well as any sports, cultural and leisure facilities as well as the media. AcrossCouncil of Europe member states, many different forms of informal education exist and are often referred to inmany different ways. Generally, the term “informal educational facilities” refers to organised education activityoutside formal systems, such as community or religious education facilities, activities, projects and institutionsbased on social pedagogy, and any other type of educational activity offered by community groups and otherorganisations (such as boy scouts or girl scouts, summer camps, after-school activities, etc.). Sports, culturaland leisure facilities refer to facilities which offer leisure activities in the areas of sports, music, arts or any otherfield and which contribute to the lifelong process of learning from everyday experience.97. Furthermore, this paragraph requires parties to the convention to include the media in their measures topromote the above principles. It is important to note that the drafters clearly indicated that any measures taken in

this regard shall have due regard to the fundamental principle of the independence of the media and thefreedom of the press.Article 15 – Training of professionals98. The training and sensitisation of professionals to the many causes, manifestations and consequences of allforms of violence covered by the scope of this convention provides an effective means of preventing suchviolence. Training not only allows to raise awareness among professionals on violence against women anddomestic violence, but contributes to changing the outlooks and the conduct of these professionals with regardto the victims. Furthermore, it significantly improves the nature and quality of the support provided to victims.99. It is vital that professionals in regular contact with victims or perpetrators have appropriate knowledge of theissues associated with these kinds of violence. For this reason, paragraph 1 places an obligation on parties toprovide or strengthen appropriate training for the relevant professionals dealing with victims or perpetrators of allacts of violence covered by the scope of this convention on issues such as the prevention and detection of suchviolence, equality between women and men, the needs and rights of victims, as well as on how to preventsecondary victimisation. Initial vocational training and in-service training should enable the relevantprofessionals to acquire the appropriate tools for identifying and managing cases of violence, at an early stage,and to take preventive measures accordingly, by fostering the sensitivity and skills required to respondappropriately and effectively on the job. The drafters felt it best to leave to the parties how to organise thetraining of relevant professionals. However, it is important to ensure that relevant training be ongoing andsustained with appropriate follow-up to ensure that newly acquired skills are adequately applied. Finally, it isimportant that relevant training should be supported and reinforced by clear protocols and guidelines that set thestandards staff are expected to follow in their respective fields. The effectiveness of these protocols, whererelevant, should be regularly monitored, reviewed and, where necessary, improved.100.The relevant professionals may include professionals in the judiciary, in legal practice, in law-enforcement agencies and in the fields of health care, social work and education. When providing training forprofessionals involved in judicial proceedings (in particular judges, prosecutors and lawyers), parties must takeaccount of requirements stemming from the independence of the judicial professions and the autonomy theyenjoy in respect of the organisation of training for their members. The drafters wished to stress that this provisiondoes not contravene the rules governing the autonomy of legal professions but that it requires parties to ensurethat training is made available to professionals wishing to receive it.101.The content of paragraph 2 is linked to the greater aim of the convention to establish a comprehensiveapproach to prevent and combat all forms of violence covered by its scope. This provision requires parties toencourage that the training referred to in paragraph 1 also includes training on coordinated multi-agencyco-operation, complementing in this way the obligations laid down in Article 7 of this convention. Consequently,professionals should also be taught skills in multi-agency working, equipping them to work in co-operation withother professionals from a wide range of fields.Article 16 – Preventive intervention and treatment programmes102.Preventive intervention and treatment programmes have been developed to help perpetrators changetheir attitudes and behaviour in order to prevent further acts of domestic violence and sexual violence.103.Paragraph 1 requires parties to the convention to establish or support the establishment of programmes,where they do not exist, or support any existing programmes, for perpetrators of domestic violence. Manydifferent models for working with perpetrators exist and the decision on how they should be run rests with theparties or service providers. However, the following core elements should be respected in all models.104.Domestic violence intervention programmes should be based on best practice and what researchreveals about the most effective ways of working with perpetrators. Programmes should encourage perpetratorsto take responsibility for their actions and examine their attitudes and beliefs towards women. This type ofintervention requires skilled and trained facilitators. Beyond training in psychology and the nature of domesticviolence, they need to possess the necessary cultural and linguistic skills to enable them to work with a widediversity of men attending such programmes. Moreover, it is essential that these programmes are not set up inisolation but closely co-operate with women’s support services, law enforcement agencies, the judiciary,probation services and child protection or child welfare offices where appropriate. Participation in theseprogrammes may be court-ordered or voluntary. In either case, it may influence a victim’s decision to stay withor leave the abuser or provide the victim with a false sense of security. As a result, priority consideration must begiven to the needs and safety of victims, including their human rights.

105.The second paragraph of this article contains the obligation to set up or support treatment programmesfor perpetrators of sexual assault and rape. These are programmes specifically designed to treat convicted sexoffenders in and outside prison, with a view to minimising recidivism. Across Council of Europe member states,many different models and approaches exist. Again, the drafters felt it best to leave to the parties and/or serviceproviders how to run such programmes. Their ultimate aim must be preventing re-offending and successfullyreintegrating perpetrators into the community.Article 17 – Participation of the private sector and the media106.Paragraph 1 contains two different obligations. First, it requires parties to the convention to encouragethe private sector, the information and communication technology (ICT) sector and the media to participate notonly in the development of local, regional or national policies and efforts to prevent violence against women, butalso to take part in their implementation. If and what type of action is taken is left to the individual company. Theimportance of this as regards media is such that the text specifically signals that the parties’ encouragement hasto respect freedom of expression and the media’s independence; the latter should be seen in particular from theperspective of editorial independence.107.Second, it requires parties to encourage the private sector, the ICT sector and the media to setguidelines and self-regulatory standards to enhance respect for the dignity of women and thus contribute topreventing violence against them. However, the reference in Article 17.1, to policies, guidelines and self-regulatory standards to prevent violence against women should be construed as encouraging more privatecompanies to establish protocols or guidelines on, for example, how to deal with cases of sexual harassment inthe workplace. It is also intended to encourage the ICT sector and the media to adopt self-regulatory standardsto refrain from harmful gender stereotyping and spreading degrading images of women or imagery whichassociates violence and sex. Moreover, it means encouraging these actors to establish ethical codes of conductfor a rights-based, gender-sensitive and non-sensationalist media coverage of violence against women. Allthese measures must be taken with due respect for the fundamental principles relating to the freedom ofexpression, the freedom of the press and the freedom of the arts.108.The Council of Europe, through its Committee of Ministers and its Parliamentary Assembly, has longcalled for an end to gender stereotyping and inequality between women and men by issuing the followingrecommendations:-Recommendation No. R (84) 17 of the Committee of Ministers to member states on equalitybetween women and men in the media;-Recommendation 1555 (2002) by the Parliamentary Assembly of the Council of Europe on theimage of women in the media;-Recommendation 1799 (2007) by the Parliamentary Assembly of the Council of Europe on theimage of women in advertising;-Resolution 1751 (2010) and Recommendation 1931 (2010) by the Parliamentary Assembly ofthe Council of Europe on combating sexist stereotypes in the media.109.The aim of this article is to give these efforts new impetus to achieve the long-term goal of preventingand combating all forms of violence covered by the scope of this convention. As the Steering Committee on theMedia and New Communication Services (CDMC) indicated in comments to the above-mentionedRecommendation 1931 (2010), “Dealing with gender stereotypes will contribute to reducing inequality, includinggender violence which is one of its most unacceptable expressions. Given that addressing this issue effectivelywill inevitably have to take account of the fundamental principle of media’s independence, purely regulatorymeasures may not provide a satisfactory response. The task therefore falls largely to the media themselveswhich have to incorporate the principle of equal presentation and fair treatment of various persons with theirspecific identities in their professional codes and self-regulatory mechanisms and to combat stereotypes as aneveryday practice. It may be even more effective to consider solutions through governance models andapproaches.”

Chapter IV – Protection and support110.While the ultimate aim of the convention is the prevention of all forms of violence covered by its scope,victims require adequate protection from further violence, support and assistance to overcome the multipleconsequences of such violence and to rebuild their lives. This chapter contains a range of obligations to set upspecialised as well as more general support services to meet the needs of those exposed to violence.Article 18 – General obligations111.This article sets out a number of general principles to be respected in the provision of protective andsupportive services.112.Paragraph 1 contains the general obligation of taking legislative or other measures for the protection ofall victims within their territory from any further acts of violence covered by this convention.113.In line with the general multi-agency and comprehensive approach promoted by the convention,paragraph 2 requires parties to the convention to ensure that, in accordance with internal law, there areappropriate mechanisms in place that provide for effective co-operation among the following agencies which thedrafters have identified as relevant: the judiciary, public prosecutors, law enforcement agencies, local andregional authorities and NGOs. By adding “other relevant organisations” the drafters have ensured that this list isnon-exhaustive to allow for co-operation with any other organisation a party may deem relevant. The term“mechanism” refers to any formal or informal structure such as agreed protocols, round tables or any othermethod that enables a number of professionals to co-operate in a standardised manner. It does not require thesetting up of an official body or institution.114.The emphasis placed on co-operation among these actors stems from the conviction that the forms ofviolence covered by the convention are best addressed in a concerted and co-ordinated manner by a number ofagencies. Law enforcement agencies, which are often the first to be in contact with victims when called to acrime scene, need to be able to refer a victim to specialist support services, for example a shelter or a rape crisiscentre often run by NGOs. These support services will then support the victim by providing medical care, thecollection of forensic evidence if required, psychological and legal counselling. They will also help the victim intaking the next step, which often requires dealing with the judiciary. It is important to note that this obligation isnot limited to victims but extends to witnesses as well, bearing particularly in mind child witnesses.115.Paragraph 3 lists a number of aims and criteria which protective and support services should pursue orbe based on. First, all measures taken shall be based on a gendered understanding of violence against womenand domestic violence. This means that services offered need to demonstrate an approach, relevant to theirusers, which recognises the gendered dynamics, impact and consequences of these forms of violence andwhich operates within a gender equality and human rights framework.116.Second, this paragraph requires any such measures to take into account the relationship betweenvictims, perpetrators, children and their wider environment to avoid the risk of addressing their needs in isolationor without acknowledging their social reality. The drafters considered it important to ensure that the needs ofvictims are assessed in light of all relevant circumstances to allow professionals to take informed and suitabledecisions. The term “integrated approach” refers to the integrated human rights based approach known as the“three Ps approach”, which aims to integrate prevention, protection and prosecution.117.Third, measures and services that mean well but do not adequately take into consideration thedevastating effects of violence and the length of the recovery process or that treat victims insensitively run therisk of re-victimising service users.118.Furthermore, paragraph 3 requires all measures to be aimed at the empowerment and economicindependence of women victims of such violence. This means ensuring that victims or service users are familiarwith their rights and entitlements and can take decisions in a supportive environment that treats them withdignity, respect and sensitivity. At the same time, services need to instil in victims a sense of control of theirlives, which in many cases includes working towards financial security, in particular economic independencefrom the perpetrator.119.Some examples in which services, including branches of law enforcement agencies, are located in thesame building or in close proximity to one another and co-operate have shown to significantly increase levels ofsatisfaction with services and have, in some cases, increased the willingness of victims to press charges or gothrough with a case. These examples are known as “one-stop shops” and have been tried and tested for

domestic violence services but can easily be adapted to other forms of violence. For this reason, paragraph 3calls on parties to strive to locate services in the same building.120.Lastly, paragraph 3 requires parties to the convention to ensure that the available support services aremade available to vulnerable persons and address their specific needs. The term “vulnerable persons” refers tothe same list of persons as explained in the comments under Article 12. Parties should make these servicesavailable to victims independently of their socio-economic status and provide them free of charge, whereappropriate.121.The purpose of paragraph 4 is to point to a serious grievance which victims often express when seekinghelp and support. Many services, public and private, make their support dependent on the willingness of thevictim to press charges or testify against the perpetrator. If, for reasons of fear or emotional turmoil andattachment, the victim is unwilling to press charges or refuses to testify in court, he or she will not receivecounselling or accommodation. This goes against the principle of empowerment and a human rights basedapproach and must be avoided. It is important to note that this provision refers first and foremost to general andspecialist support services referred to in Articles 20 and 22 of the convention – with the exception of legal aidservices.122.Some of the forms of violence covered by the scope of this convention may have an internationaldimension. Victims of violence such as forced marriages or domestic violence, but also women or girlsthreatened with being genitally mutilated and who are outside their country of nationality require consularprotection and, possibly, medical and financial assistance. Paragraph 5 requires parties to take appropriatemeasures to provide the necessary consular assistance and if appropriate other protection and assistance,which includes assistance to victims of violent crime, assistance in the event of arrest or detention, relief andrepatriation of distressed nationals, issuance of new identity documentation and other consular support.123.This obligation is not limited to nationals of a party to the convention but extends to all other victims who,in accordance with their obligations under international law, are entitled to national protection by that party, forexample nationals of a member state of the European Union which does not itself offer protection through apermanent representation (embassy, general consulate or consulate) as provided for by Article 20.2.c of theTreaty on the Functioning of the European Union.Article 19 – Information124.In the immediate aftermath of violence, victims are not always in a position to take fully informed andempowered decisions and many lack a supportive environment. This provision lays particular emphasis on theneed to ensure that victims are provided with information on the different types of support services and legalmeasures available to them. This requires providing information on where to get what type of help, if necessaryin a language other than the national language(s), and in a timely manner, meaning at a time when it is usefulfor victims. This, however, does not oblige parties to the convention to offer information in any language but toconcentrate on the languages most widely spoken in their country and in accessible form. The term “adequateinformation” refers to information that sufficiently fills the victim’s need for information. This could include, forexample, providing not just the name of a support service organisation, but handing out a leaflet that contains itscontact details, opening hours and information on the exact services it offers.Article 20 – General support services125.In the provision of services for victims, a distinction is made between general and specialist supportservices. General support services refer to help offered by public authorities such as social services, healthservices and employment services, which provide long-term help and are not exclusively designed for thebenefit of victims only but serve the public at large. By contrast, specialist support services have specialised inproviding support and assistance tailored to the – often immediate – needs of victims of specific forms ofviolence against women or domestic violence and are not open to the general public. While these may beservices run or funded by government authorities, the large majority of specialist services are offered by NGOs.126.The obligation contained in Article 20.1, requires public welfare services such as housing services,employment or unemployment services, public education and training services, public psychological and legalcounselling services, but also financial support services to address, when necessary, the specific needs ofvictims of the forms of violence covered by the scope of this convention. While many victims can already befound among the clients of such services, their particularly difficult situation and trauma is not necessarilysufficiently or systematically addressed or taken into account. Parties to the convention are thus required toensure that victims are granted access to such services, treated in a supportive manner and that their needs areproperly addressed.

127.Health and social services are often the first to come in contact with victims. Paragraph 2 seeks toensure that these services are adequately resourced to respond to their long-term needs. Furthermore, it placesan emphasis on the importance of training staff members on the different forms of violence, the specific needs ofvictims and how to respond to them in a supportive manner.Article 21 – Assistance in individual/collective complaints128.This provision sets out the obligation of parties to ensure that victims have information on and access toapplicable regional and international complaints mechanisms. The term “applicable” refers only to those regionaland international complaints mechanisms that have been ratified by the parties to this convention. Council ofEurope member states are states parties to a significant number of regional and international human rightstreaties, and most have accepted the jurisdiction of the corresponding treaty bodies and complaintsmechanisms. Upon exhausting national remedies, victims of all forms of violence covered by the scope of thisconvention therefore have recourse to a number of existing regional and international complaints mechanisms.These can be open to individuals, who can, for example, turn to the European Court of Human Rights or theCEDAW Committee for further legal redress. They can also be of a collective nature, meaning that they areavailable to groups of victims – an example would be the collective complaints mechanism under the EuropeanSocial Charter.129.By ensuring that victims have “information on and access to” these mechanisms, the drafters wished tostress that victims should be provided with information on the admissibility rules and procedural requirementsrelating to the applicable regional and international complaint mechanisms, and that, upon exhaustion of nationalremedies, parties should not impede in any way access to these mechanisms.130.The provision also aims to promote the availability of sensitive and knowledgeable assistance to victimsin presenting such complaints, which may be provided by the state, bar associations, relevant NGOs or otherpossible actors. “Assistance” may consist of the provision of information and legal advice. The assistanceprovided should be well informed and adapted to the needs of the victim, so as to facilitate the access toapplicable complaint mechanisms by the victim.Article 22 – Specialist support services131.Complementing the obligation contained in Article 20, this and the following provisions require parties tothe convention to set up or arrange for a well-resourced specialist support sector.132.The aim of such specialised support is to ensure the complex task of empowering victims throughoptimal support and assistance catered to their specific needs. Much of this is best ensured by women’sorganisations and by support services provided, for example, by local authorities with specialised andexperienced staff with in-depth knowledge of gender-based violence. It is important to ensure that these servicesare sufficiently spread throughout the country and accessible for all victims. Moreover, these services and theirstaff need to be able to address the different types of violence covered by the scope of this Convention andprovide support to all groups of victims, including hard-to-reach groups. The types of support that suchdedicated services need to offer include providing shelter and safe accommodation, immediate medical support,the collection of forensic medical evidence in cases of rape and sexual assault, short and long-termpsychological counselling, trauma care, legal counselling, advocacy and outreach services, telephone helplinesto direct victims to the right type of service and specific services for children as victims or witnesses.Article 23 – Shelters133.This article requires parties to provide for the setting up of appropriate, easily accessible shelters insufficient numbers as an important means of fulfilling the obligation to provide victims with protection andsupport. The purpose of shelters is to ensure immediate, preferably around-the-clock, access to safeaccommodation for victims, especially women and children, when they are no longer safe at home. Temporaryhousing alone, or general shelters such as those for the homeless, are not sufficient as they will not provide thenecessary support or empowerment. Victims face multiple, interlocking problems related to their health, safety,financial situation and the well-being of their children. Specialised women’s shelters are best equipped toaddress these problems, because their functions go beyond providing a safe place to stay. They provide womenand their children with support, enable them to cope with their traumatic experiences, leave violent relationships,regain their self-esteem and lay the foundations for an independent life of their own choosing. Furthermore,women’s shelters play a central role in networking, multi-agency co-operation and awareness raising in theirrespective communities.

134.To fulfil their primary task of ensuring safety and security for women and children, it is crucial that allshelters apply a set of standards. To this end, the security situation of each victim should be assessed and anindividual security plan should be drawn up on the basis of that assessment. The technical security of thebuilding is another key issue for shelters as violent attacks by the perpetrators are a threat not only to thewomen and their children, but also to the staff and other people in the surrounding area. Moreover, effective co-operation with the police on security issues is indispensable.135.This provision calls for shelters to be set up in sufficient numbers to provide appropriate temporaryaccommodation for all victims. Each type of violence requires a different kind of support and protection, and staffneed to be trained to provide these. The term “sufficient numbers” is intended to ensure that the needs of allvictims are met, both in terms of shelter places and specialised support. The Final Activity Report of the Councilof Europe Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV (2008)6)recommends safe accommodation in specialised women’s shelters, available in every region, with one familyplace per 10 000 head of population. However, the number of shelter places should depend on the actual need.For victims of other forms of violence, the number of places to be offered will again depend on the actual need.Article 24 – Telephone helplines136.Helplines are one of the most important ways of enabling victims to find help and support. A helplinewith a widely advertised public number that provides support and crisis counselling and refers to face-to-faceservices, such as shelters, counselling centres or the police, forms the cornerstone of any support and adviceservice in relation to all the forms of violence covered by the scope of this convention. This article thereforecontains the obligation to set up state-wide telephone helplines which are available around the clock and whichare free of charge. Many victims find themselves without documentation and resources and would find it difficultto buy a telephone card or find the necessary change to pay for a phone call. Having to pay even a very smallamount of money can present a burden to many seeking help, hence the requirement to offer the call to ahelpline free of charge. Furthermore in many telephone systems non-toll free calls can be traced via thetelephone bill, thus indicating to the perpetrator that the victim is seeking help and therefore possiblyendangering the victim further. The Final Activity Report of the Council of Europe Task Force to CombatViolence against Women, including Domestic Violence (EG-TFV (2008)6) recommends the establishment of atleast one free national helpline covering all forms of violence against women operating 24 hours a day, sevendays a week and providing crisis support in all relevant languages.137.Many victims find it difficult to actively seek help and the threshold for making a call and sharing intimateand personal details is high. It is therefore important that callers may remain anonymous, that they arecounselled by persons who are trained in dealing with such situations and that helplines provide information andsupport confidentially if callers so wish. In some countries, it is equally important to provide assistance in severallanguages to ease the language barrier that some callers might face.Article 25 – Support for victims of sexual violence138.The traumatic nature of sexual violence, including rape, requires a particularly sensitive response bytrained and specialised staff. Victims of this type of violence need immediate medical care and trauma supportcombined with immediate forensic examinations to collect the evidence needed for prosecution. Furthermore,there is often a great need for psychological counselling and therapy – often weeks and months after the event.139.Article 25 therefore lays particular emphasis on providing this type of specialised support by obligingparties to provide for the setting-up of accessible rape crisis or sexual violence referral centres in sufficientnumbers. It is important to note that parties are provided with an alternative, and are not obliged to set up bothtypes of centre.140.Rape crisis centres may take many different forms. Typically, these centres offer long-term help thatcentres on counselling and therapy by offering face-to-face counselling, support groups and contact with otherservices. They also support victims during court proceedings by providing woman-to-woman advocacy and otherpractical help.141.Sexual violence referral centres, on the other hand, may specialise in immediate medical care, high-quality forensic practice and crisis intervention. They can, for instance, be placed in a hospital setting to respondto the victims of recent sexual assaults by carrying out medical checks and referring them to specialisedcommunity-based organisations for further services. They may also concentrate on immediate and adequatereferral of the victim to appropriate, specialised organisations so that they may provide the necessary care asdetermined by Article 25. Research has shown that it is good practice to carry out forensic examinations

142.The requirement to provide for the setting up of such centres places an obligation on parties to theconvention to ensure that this is done in sufficient numbers, but also to ensure their easy access and that theirservices are carried out in an appropriate manner. The Final Activity Report of the Council of Europe Task Forceto Combat Violence against Women, including Domestic Violence (EG-TFV (2008)6) recommends that one suchcentre should be available per every 200 000 inhabitants and that their geographic spread should make themaccessible to victims in rural areas as much as in cities. The term “appropriate” is intended to ensure that theservices offered are suitable for the needs of victims.Article 26 – Protection and support for child witnesses143.Exposure to physical, sexual or psychological violence and abuse between parents or other familymembers has a severe impact on children. It breeds fear, causes trauma and adversely affects theirdevelopment.144.For this reason, Article 26 sets out the obligation to ensure that, when providing services and assistanceto victims with children who have witnessed violence, the latter’s rights and needs are taken into account. Theterm “child witnesses” refers not only to children who are present during the violence and actively witness it, butto those who are exposed to screams and other sounds of violence while hiding close by or who are exposed tothe long-term consequences of such violence. It is important to recognise and address the victimisation ofchildren as witnesses of all forms of violence covered by the scope of this convention and their right to support.Paragraph 2 therefore calls for best evidence-based psychosocial interventions, appropriate to the age andstage of development of the children, that are specifically tailored to children so that they may cope with theirtraumatic experiences where necessary. All services offered must give due regard to the best interests of thechild.Article 27 – Reporting145.With the requirement of encouraging the reporting by any person who witnesses or has reasonablegrounds to suspect that an act of violence covered by the scope of this convention may be committed, thedrafters wished to highlight the important role that individuals – friends, neighbours, family members, colleagues,teachers or other members of the community – can play in breaking the silence that often closes in aroundviolence. It is the responsibility of each party to determine the competent authorities to which such suspicionsmay be reported. These can be law enforcement agencies, child protection services or any other relevant socialservices. The term “reasonable grounds” refers to an honest belief reported in good faith.Article 28 – Reporting by professionals146.Under this article parties to the convention must ensure that professionals normally bound by rules ofprofessional secrecy (such as doctors and psychiatrists) have the possibility to report to competentorganisations or authorities if they have reasonable grounds to believe that a serious act of violence covered bythe scope of this convention has been committed and that further serious acts of such violence are to beexpected. These are cumulative requirements for reporting and cover, for example, typical cases of domesticviolence where the victim has already been subjected to serious acts of violence and further violence is likely tooccur.147.It is important to note that this provision does not impose an obligation on such professionals to report. Itonly grants them the possibility of doing so without running the risk of being accused of breach of confidence.While confidentiality rules may be imposed by legislation, issues of confidentiality and breach of such may alsobe governed by codes of ethics or professional standards for the different professional groups. This provisionseeks to ensure that neither type of confidentiality rule would stand in the way of reporting serious acts ofviolence. The aim of this provision is to protect life and limb of victims rather than the initiation of a criminalinvestigation. It is therefore important to enable those professionals who, after careful assessment, wish toprotect victims of violence.148.The term “under appropriate conditions” means that parties may determine the situations or cases towhich this provision applies. For instance, parties may make the obligation contained in Article 28 contingent onthe prior consent of the victim, with the exception of some specific cases such as where the victim is a minor oris unable to protect herself or himself due to physical or mental disabilities. Moreover, each party is responsiblefor determining the categories of professionals to which this provision applies. The term “certain professionals” isintended to cover any number of professionals whose functions involve contact with women, men and children

Chapter V – Substantive law149.As is the case in other Council of Europe conventions on combating specific forms of violence, abuse orill-treatment, substantive law provisions form an essential part of the instruments. It is clear from research onnational legislation currently in force on violence against women and domestic violence that many gaps remain.Therefore, it is necessary to strengthen legal protection and reparation and to take into account existing goodpractice when introducing changes into the legislative systems of all member states in order to effectivelyprevent and combat these forms of violence. The drafters examined the appropriate criminal, civil andadministrative law measures to be introduced, to ensure that the convention covers the various situationsassociated with the acts of violence concerned. As a result, this chapter contains a range of preventive,protective and compensatory measures for victims and introduces punitive measures against perpetrators ofthose forms of violence which require a criminal law response.150.This chapter sets out the obligation to ensure a variety of civil law remedies to allow victims to seekjustice and compensation – primarily against the perpetrator, but also in relation to state authorities if they havefailed in their duty to diligently take preventive and protective measures.151.Chapter V also establishes a number of criminal offences. This type of harmonisation of domestic lawfacilitates action against crime at the national and international level, for several reasons. Often, nationalmeasures to combat violence against women and domestic violence are not carried out in a systematic manneror remain incomplete due to gaps in legislation.152.The primary aim of criminal law measures is to guide parties in putting into place effective policies torein in violence against women and domestic violence – both of which are still, unfortunately, widespread crimesin Europe and beyond.153.The drafters agreed that, in principle, all criminal law provisions of the convention should be presentedin a gender-neutral manner; the sex of the victim or perpetrator should thus, in principle, not be a constitutiveelement of the crime. However, this should not prevent parties from introducing gender-specific provisions.154.The drafters decided that this convention should avoid covering the same conduct already dealt with inother Council of Europe conventions, in particular the Convention on Action against Trafficking in Human Beings(ETS No. 197) and the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse(ETS No. 201).155.The obligations contained in Articles 33 to 39 require parties to the convention to ensure that a particularintentional conduct is criminalised. The drafters agreed on this wording to oblige parties to criminalise theconduct in question. However, the convention does not oblige parties to necessarily introduce specific provisionscriminalising the conduct described by the convention. With regard to Article 40 (sexual harassment) and takingaccount of the specific nature of this conduct, the drafters considered that it could be subject to remedy eitherunder criminal law sanctions or other legal sanctions. Finally, the offences established in this chapter representa minimum consensus which does not preclude supplementing them or establishing higher standards indomestic law.156.In conformity with general principles of criminal law a legally valid consent may lift criminal liability.Furthermore, other legally justifiable acts, for example, acts committed in self-defence, defence of property, orfor necessary medical procedures, would not give rise to criminal sanctions under this convention.Article 29 – Civil lawsuits and remedies157.Paragraph 1 of this provision aims at ensuring that victims of any of the forms of violence covered by thescope of this convention can turn to the national legal system for an adequate civil law remedy against theperpetrator. On the one hand, this includes civil law remedies which allow a civil law court to order a person tostop a particular conduct, refrain from a particular conduct in the future or to compel a person to take a particularaction (injunctions). A civil law remedy of this type can be used, for example, to help girls and boys faced withthe prospect of being married against their will to get their passport or other important documentation returned tothem if these are being withheld by anybody (parents, guardians or any family members) against their will. Suchinjunctions help to provide protection against acts of violence.158.On the other hand, and depending on the national legal order of the party, civil law remedies offeredunder this provision may also include court orders that deal more specifically with acts of violence covered bythe scope of this convention, such as barring orders, restraining orders and non-molestation orders as referred

to in Article 53. These are particularly relevant in cases of domestic violence and complement the immediateand often short-term protection offered by emergency protection orders as referred to in Article 52.159.Moreover, civil law should provide for legal remedies against defamation and libel in the context ofstalking and sexual harassment, in cases where such acts are not covered by the criminal legislation of theparties.160.All civil law orders are issued following an application by the victim or – depending on the legal system –a third party and cannot be issuedex officio.161.While paragraph 1 aims to provide victims with civil remedies against the perpetrator, paragraph 2ensures that victims are provided with remedies against state authorities which have failed in their duty to takethe necessary preventive or protective measures.162.It reiterates the principle of liability of state authorities, who, in accordance with Article 5 of thisconvention, are under the obligation to diligently prevent, investigate and punish acts of violence covered by thescope of this convention. Failure to comply with this obligation can result in legal responsibility and civil lawneeds to offer remedies to address such failure. These remedies include civil law actions for damages whichneed to be available for negligent and grossly negligent behaviour. The extent of state authorities’ civil liabilityremains governed by the internal law of the parties, who have the discretion to decide what kind of negligentbehaviour is actionable.163.The obligation contained in paragraph 2 is in line with case law of the European Court of Human Rightsconcerning the failure of public authorities to comply with their positive obligation under Article 2 ECHR (right tolife). In theOsman v. United Kingdomjudgment, and again in theOpuz v. Turkeyjudgment, the Court has statedthat “where there is an allegation that the authorities have violated their positive obligation to protect the right tolife in the context of their above-mentioned duty to prevent and suppress offences against the person, it must beestablished to its satisfaction that the authorities knew or ought to have known at the time of the existence of areal and immediate risk to the life of an identified individual or individuals from the criminal acts of a third partyand that they failed to take measures within the scope of their powers which, judged reasonably, might havebeen expected to avoid that risk”. The Court explicitly stated that responsibility for such failure is not limited togross negligence or wilful disregard of the duty to protect life.164.In the event of death of the victim, the available remedies shall be accessible to her or his descendants.

Article 30 – Compensation165.This article sets out the right to compensation for damages suffered as a result of any of the offencesestablished by this convention. Paragraph 1 establishes the principle that it is primarily the perpetrator who isliable for damages and restitution.166.Compensation can also be sought from insurance companies or from state-funded health and socialsecurity schemes. Paragraph 2 establishes a subsidiary obligation for the state to compensate. The conditionsrelating to the application for compensation may be established by internal law such as the requirement that thevictim has first and foremost sought compensation from the perpetrator. The drafters emphasised that statecompensation should be awarded in situations where the victim has sustained serious bodily injury orimpairment of health. It should be noted that the term “bodily injury” includes injuries which have caused thedeath of the victim, and that “impairment of health” encompasses serious psychological damage caused by actsof psychological violence, as referred to in Article 33. Although the scope of state compensation is limited to“serious” injury and impairment of health, this does not preclude parties from providing for more generouscompensation arrangements, nor from setting higher and/or lower limits for any or all elements of compensationto be paid by the state. In particular, this provision is without prejudice to the obligations of the parties to theEuropean Convention on the Compensation of Victims of Violent Crimes (ETS No. 116).167.The subsidiary obligation for the state to compensate does not preclude parties from claiming regressfor compensation awarded from the perpetrator as long as due regard is paid to the victim’s safety. Thereference to the “victim’s safety” requires parties to ensure that any measures taken to claim regress forcompensation from the perpetrator give due consideration to the consequences of these measures for the safetyof the victim. This covers in particular situations where the perpetrator may want to avenge herself or himselfagainst the victim for having to pay compensation to the state.168.This provision does not preclude an interim state contribution to the compensation of the victim. A victimurgently needing help may not be able to await the outcome of often complicated proceedings. In such cases,

the parties can provide that the state or the competent authority may subrogate in the rights of the personcompensated for the amount of the compensation paid or, if the person compensated later obtains reparationfrom any other source, may reclaim totally or partially the amount of money awarded.169.In the event that state compensation is paid to the victim because the perpetrator is unwilling or unablealthough court-ordered to do so, the state shall have recourse against the perpetrator.170.To ensure compensation by the state, parties may set up state compensation schemes as specified inArticles 5 and 6 of the European Convention on the Compensation of Victims of Violent Crimes.171.It should be noted that paragraph 2 of this article is open to reservations, pursuant to Article 78.2 of thisconvention. This possibility of reservations is without prejudice to the obligations of the parties pursuant to otherinternational instruments in this field, such as the aforementioned European Convention on the Compensation ofVictims of Violent Crimes.172.As many victims of the forms of violence covered by this convention may not have the nationality of theparty in whose territory the crime was committed, subsidiary state compensation should extend to nationals andnon-nationals.173.Paragraph 3 aims to ensure that compensation be granted within a reasonable time, meaning within anappropriate timescale.174.It is important to note that compensation may not only be awarded under civil or administrative law butalso under criminal law as part of a criminal law sanction.Article 31 – Custody, visiting rights and safety175.This provision aims to ensure that judicial authorities do not issue contact orders without taking intoaccount incidents of violence covered by the scope of this convention. It concerns judicial orders governing thecontact between children and their parents and other persons having family ties with children. In addition toother factors, incidents of violence against the non-abusive carer as much as against the child itself must betaken into account when decisions on custody and the extent of visitation rights or contact are taken.176.Paragraph 2 addresses the complex issue of guaranteeing the rights and safety of victims andwitnesses while taking into account the parental rights of the perpetrator. In particular in cases of domesticviolence, issues regarding common children are often the only ties that remain between victim and perpetrator.For many victims and their children, complying with contact orders can present a serious safety risk because itoften means meeting the perpetrator face-to-face. Hence, this paragraph lays out the obligation to ensure thatvictims and their children remain safe from any further harm.Article 32 – Civil consequences of forced marriages177.This article deals with the legal consequences of a forced marriage and ensures that such marriagesmay be “voidable, annulled or dissolved”. For the purpose of this provision, a “voidable” marriage is a marriageconsidered to be valid but which may be rendered void if challenged by one of the parties; an “annulled”marriage is deprived of its legal consequences, whether challenged by a party or not. A “dissolved” marriage,such as in case of divorce, is deprived of legal consequences only from the date of dissolution. The drafters borein mind that the concrete implementation of this article with regard to the terms used (voidable, annulled,dissolved) may vary, depending on the concepts provided for in parties’ civil law.178.It is important that legal action as required under this provision is easily available and does not place anundue financial and administrative burden on the victim. This means that any procedures set up for theannulment or dissolution of a forced marriage shall not present insurmountable difficulties or indirectly lead tofinancial hardship on the part of the victim. Furthermore, the form of ending the marriage should not affect therights of the victim of forced marriage.Article 33 – Psychological violence179.This article sets out the offence of psychological violence. The drafters agreed to criminally sanction anyintentional conduct that seriously impairs another person’s psychological integrity through coercion or threats.The interpretation of the word “intentional” is left to domestic law, but the requirement for intentional conductrelates to all the elements of the offence.

180.The extent of the offence is limited to intentional conduct which seriously impairs and damages aperson’s psychological integrity which can be done by various means and methods. The convention does notdefine what is meant by serious impairment. Use must be made of coercion or threats for behaviour to comeunder this provision.181.This provision refers to a course of conduct rather than a single event. It is intended to capture thecriminal nature of an abusive pattern of behaviour occurring over time – within or outside the family.Psychological violence often precedes or accompanies physical and sexual violence in intimate relationships(domestic violence). However, it may also occur in any other type of setting, for example in the workplace orschool environment. It is important to stress that pursuant to Article 78.3 of this convention, any state or theEuropean Union may declare that it reserves the right to provide for non-criminal sanctions, instead of criminalsanctions in relation to psychological violence. The intention of the drafters was to preserve the principle ofcriminalisation of psychological violence in the convention, while allowing flexibility where the legal system of aparty provides only for non-criminal sanctions in relation to these behaviours. Nevertheless, sanctions should beeffective, proportionate and dissuasive, regardless of whether parties chose to provide for criminal or non-criminal sanctions.Article 34 – Stalking182.This article establishes the offence of stalking, which is defined as the intentional conduct of repeatedlyengaging in threatening conduct directed at another person, causing her or him to fear for her or his safety. Thiscomprises any repeated behaviour of a threatening nature against an identified person which has theconsequence of instilling in this person a sense of fear. The threatening behaviour may consist of repeatedlyfollowing another person, engaging in unwanted communication with another person or letting another personknow that he or she is being observed. This includes physically going after the victim, appearing at her or hisplace of work, sports or education facilities, as well as following the victim in the virtual world (chat rooms, socialnetworking sites, etc.). Engaging in unwanted communication entails the pursuit of any active contact with thevictim through any available means of communication, including modern communication tools and ICTs.183.Furthermore, threatening behaviour may include behaviour as diverse as vandalising the property ofanother person, leaving subtle traces of contact with a person’s personal items, targeting a person’s pet, orsetting up false identities or spreading untruthful information online.184.To come within the remit of this provision, any act of such threatening conduct needs to be carried outintentionally and with the intention of instilling in the victim a sense of fear.185.This provision refers to a course of conduct consisting of repeated significant incidents. It is intended tocapture the criminal nature of a pattern of behaviour whose individual elements, if taken on their own, do notalways amount to criminal conduct. It covers behaviour that is targeted directly at the victim. However, partiesmay also extend it to behaviour towards any person within the social environment of the victim, including familymembers, friends and colleagues. The experience of stalking victims shows that many stalkers do not confinetheir stalking activities to their actual victim but often target any number of individuals close to the victim. Often,this significantly enhances the feeling of fear and loss of control over the situation and therefore may be coveredby this provision.186.Finally, just as with psychological violence, Article 78.3 provides for the possibility of any state or theEuropean Union to declare that it reserves the right to provide for non-criminal sanctions, as long as they areeffective, proportionate and dissuasive. Providing for a restraining order should be seen as a non-criminalsanction within the possibility of a reservation. Once more, the intention of the drafters was to preserve theprinciple of criminalisation of stalking, while allowing flexibility where the legal system of a party provides only fornon-criminal sanctions in relation to stalking.Article 35 – Physical violence187.This article criminalises any intentional act of physical violence against another person irrespective ofthe context in which it occurs.188.The term “physical violence” refers to bodily harm suffered as a result of the application of immediateand unlawful physical force. It encompasses also violence resulting in the death of the victim.Article 36 – Sexual violence, including rape

189.This article establishes the criminal offence of sexual violence, including rape. Paragraph 1 covers allforms of sexual acts which are performed on another person without her or his freely given consent and whichare carried out intentionally. The interpretation of the word “intentionally” is left to domestic law, but therequirement for intentional conduct relates to all the elements of the offence.190.Sub-paragrapharefers to the vaginal, anal or oral penetration of another person’s body which thatperson has not consented to. The penetration may be performed with a bodily part or an object. By requiring thepenetration to be of a sexual nature, the drafters sought to emphasise the limits of this provision and avoidproblems of interpretation. The term “of a sexual nature” describes an act that has a sexual connotation. It doesnot apply to acts which lack such connotation or undertone. Sub-paragraphbcovers all acts of a sexual naturewithout the freely given consent of one of the parties involved which fall short of penetration. Lastly, sub-paragraphccovers situations in which the victim is caused without consent to perform or comply with acts of asexual nature with or by a person other than the perpetrator. In relationships of abuse, victims are often forced toengage in sexual acts with a person chosen by the perpetrator. The purpose of sub-paragraphcis to coverscenarios in which the perpetrator is not the person who performs the sexual act but who causes the victim toengage in sexual activity with a third person provided that this conduct has some connection to the intentionalconduct that must be criminalised pursuant to Article 36 of the convention.191.When assessing the constituent elements of offences, the parties should have regard to the case law ofthe European Court of Human Rights. In this respect, the drafters wished to recall, subject to the interpretationthat may be made thereof, theM.C. v. Bulgariajudgment of 4 December 2003, in which the Court stated that itwas “persuaded that any rigid approach to the prosecution of sexual offences, such as requiring proof ofphysical resistance in all circumstances, risks leaving certain types of rape unpunished and thus jeopardisingthe effective protection of the individual’s sexual autonomy. In accordance with contemporary standards andtrends in that area, the member states’ positive obligations under Articles 3 and 8 of the convention must beseen as requiring the penalisation and effective prosecution of any non-consensual sexual act, including in theabsence of physical resistance by the victim” (§166). The Court also noted as follows: “Regardless of thespecific wording chosen by the legislature, in a number of countries the prosecution of non-consensual sexualacts in all circumstances is sought in practice by means of interpretation of the relevant statutory terms(‘coercion’, ‘violence’, ‘duress’, ‘threat’, ‘ruse’, ‘surprise’, among others) and through a context-sensitiveassessment of the evidence” (§161).192.Prosecution of this offence will require a context-sensitive assessment of the evidence in order toestablish on a case-by-case basis whether the victim has freely consented to the sexual act performed. Such anassessment must recognise the wide range of behavioural responses to sexual violence and rape which victimsexhibit and shall not be based on assumptions of typical behaviour in such situations. It is equally important toensure that interpretations of rape legislation and the prosecution of rape cases are not influenced by genderstereotypes and myths about male and female sexuality.193.In implementing this provision, parties to the convention are required to provide for criminal legislationwhich encompasses the notion of lack of freely given consent to any of the sexual acts listed in sub-paragraphsatoc.It is, however, left to the parties to decide on the specific wording of the legislation and the factors thatthey consider to preclude freely given consent. Paragraph 2 only specifies that consent must be given voluntarilyas the result of the person’s free will, as assessed in the context of the surrounding circumstances.194.Paragraph 3 spells out the obligation of parties to the convention to ensure that the criminal offences ofsexual violence and rape established in accordance with this convention are applicable to all non-consensualsexual acts, irrespective of the relationship between the perpetrator and the victim. Sexual violence and rape area common form of exerting power and control in abusive relationships and are likely to occur during and afterbreak-up. It is crucial to ensure that there are no exceptions to the criminalisation and prosecution of such actswhen committed against a current or former spouse or partner as recognised by internal law.Article 37 – Forced marriage195.This article establishes the offence of forced marriage. While some victims of forced marriage are forcedto enter into a marriage in the country in which they live (paragraph 1), many others are first taken to anothercountry, often that of their ancestors, and are forced to marry a resident of that country (paragraph 2). For thisreason, the drafters felt it important to include in this provision two types of conduct: forcing a person to enterinto a marriage and luring a person abroad with the purpose of forcing this person to enter into marriage.196.The type of conduct criminalised in paragraph 1 is that of forcing an adult or a child to enter into amarriage. The term “forcing” refers to physical and psychological force where coercion or duress is employed.

The offence is complete when a marriage is concluded to which at least one party has – owing to the abovecircumstances – not voluntarily consented to.197.Paragraph 2 criminalises the act of luring a person abroad with the intention of forcing this person tomarry against her or his will. The marriage does not necessarily have to be concluded. The term “luring” refers toany conduct whereby the perpetrator entices the victim to travel to another country, for example by using apretext or concocting a reason such as visiting an ailing family member. The intention must cover the act ofluring a person abroad, as well as the purpose of forcing this person into a marriage abroad. The drafters feltthat this act should be covered by the criminal law of the parties so as to take into account the standardsestablished under other legally binding international instruments.Article 38 – Female genital mutilation198.Owing to the nature of female genital mutilation (FGM), this is one of the criminal offences that breakwith the principle of gender neutrality of the criminal law part of this convention. It sets out the criminal offence offemale genital mutilation, the victims of which are necessarily women or girls. It aims to criminalise the traditionalpractice of cutting away certain parts of the female genitalia which some communities perform on their femalemembers. The drafters considered it important to establish female genital mutilation as a criminal offence in thisconvention because this practice causes irreparable and lifelong damage and is usually performed without theconsent of the victim.199.Sub-paragraphacriminalises the act of excising, infibulating or performing any other mutilation to thewhole or any part of the labia majora, labia minora or clitoris including when performed by medical professionals,as enshrined in the WHO World Health Assembly Resolution 61.16 on accelerating actions to eliminate femalegenital mutilation. The term “excising” refers to the partial or total removal of the clitoris and the labia majora.“Infibulating”, on the other hand, covers the closure of the labia majora by partially sewing together the outer lipsof the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” refers to all otherphysical alterations of the female genitals.200.Sub-paragraphb,on the other hand, covers the act of assisting the perpetrator to perform acts in sub-paragraphaby coercing or procuring a woman to undergo the excision, infibulation or mutilation of her labiamajora, labia minora or clitoris. This part of the provision is limited to adult victims only.201.Sub-paragraphccriminalises the act of assisting the perpetrator to perform acts in sub-paragraphabyinciting, coercing or procuring a girl to undergo the excision, infibulation or mutilation of her labia majora, labiaminora or clitoris. This part of the provision is limited to girl victims only and includes situations in which anyone,in particular parents, grandparents or other relatives coerce their daughter or relative to undergo the procedure.The drafters felt it important to differentiate between adult and child victims because they did not wish tocriminalise the incitement of women to undergo any of the acts listed in sub-paragrapha.202.In applying sub-paragraphband sub-paragraphc,an individual is not to be taken to have intentionallycommitted the offence merely because the offence resulting from the coercion, procurement or incitement wasforeseeable. The individual’s actions must also be able to cause the acts in sub-paragraphato be committed.Article 39 – Forced abortion and forced sterilisation203.This article makes certain intentional acts related to women’s natural reproductive capacity a criminaloffence. This is another provision that breaks with the principle of gender neutrality of the criminal law part of thisconvention.204.Sub-paragraphaestablishes the criminal offence of forced abortion performed on a woman or girl. Thisrefers to the intentional termination of pregnancy without the prior and informed consent of the victim. Thetermination of pregnancy covers any of the various procedures that result in the expulsion of all the products ofconception. To come within the remit of this provision, the abortion must be carried out without the prior andinformed consent of the victim. This covers any abortion that is performed without a fully informed decision takenby the victim.205.Sub-paragraphb,on the other hand, establishes the criminal offence of forced sterilisation of womenand girls. This offence is committed if surgery is performed which has the purpose or effect of terminating awoman’s or a girl’s capacity to naturally reproduce if this is done without her prior and informed consent. Theterm sterilisation refers to any procedure which results in the loss of the ability to naturally reproduce. As in sub-paragrapha,the sterilisation must be carried out without the prior and informed consent of the victim. Thiscovers any sterilisation that is performed without a fully informed decision taken by the victim in line with

Article 40 – Sexual harassment207.This article sets out the principle that sexual harassment be subject to criminal or “other” legal sanction,which means that the drafters decided to leave the parties to choose the type of consequences the perpetratorwould face when committing this specific offence. While generally considering it preferable to place the conductdealt with by this article under criminal law, the drafters acknowledged that many national legal systemsconsider sexual harassment under civil or labour law. Consequently, parties may choose to deal with sexualharassment either by their criminal law or by administrative or other legal sanctions, while ensuring that the lawdeals with sexual harassment.208.The type of conduct covered by this provision is manifold. It includes three main forms of behaviour:verbal, non-verbal or physical conduct of a sexual nature unwanted by the victim. Verbal conduct refers to wordsor sounds expressed or communicated by the perpetrator, such as jokes, questions or remarks, and may beexpressed orally or in writing. Non-verbal conduct, on the other hand, covers any expressions or communicationon the part of the perpetrator that do not involve words or sounds, for example facial expressions, handmovements or symbols. Physical conduct refers to any sexual behaviour of the perpetrator and may includesituations involving contact with the body of the victim. As in Article 36, any of these forms of behaviour must beof a sexual nature in order to come within the remit of this provision. Furthermore, any of the above conductmust be unwanted on the part of the victim, meaning imposed by the perpetrator. Moreover, the above acts musthave the purpose or effect of violating the dignity of the victim. This is the case if the conduct in question createsan intimidating, hostile, degrading, humiliating or offensive environment. It is intended to capture a pattern ofbehaviour whose individual elements, if taken on their own, may not necessarily result in a sanction.209.Typically, the above acts are carried out in a context of abuse of power, promise of reward or threat ofreprisal. In most cases, victim and perpetrator know each other and their relationship is often characterised bydifferences in hierarchy and power. The scope of application of this article is not limited to the field ofemployment. However, it should be noted that the requirements for liability can differ depending on the specificsituation in which the conduct takes place.Article 41 – Aiding or abetting and attempt210.The purpose of this article is to establish additional offences relating to aiding or abetting of the offencesdefined in the convention and the attempted commission of some.211.Paragraph 1 requires parties to the convention to establish as offences aiding or abetting thecommission of any of the following offences established in accordance with the convention: psychologicalviolence (Article 33), stalking (Article 34), physical violence (Article 35), sexual violence, including rape (Article36), forced marriage (Article 37), female genital mutilation (Article 38.a), and forced abortion and forcedsterilisation (Article 39).212.The drafters wished to emphasise that the terms “aiding or abetting” do not only refer to offencesestablished by a party in its criminal law, but may also refer to offences covered by administrative or civil law.This is of particular importance since, pursuant to Article 78.3, parties may provide for non-criminal sanctions inrelation to psychological violence (Article 33) and stalking (Article 34).213.With regard to paragraph 2, on attempt, the drafters felt that treating certain offences as attempt gaverise to conceptual difficulties. Moreover, some legal systems limit the offences for which the attempt is punished.For these reasons, it requires parties to establish as an offence the attempt to commit the following offencesonly: serious cases of physical violence (Article 35), sexual violence including rape (Article 36), forced marriage(Article 37), female genital mutilation (Article 38.a), and forced abortion and forced sterilisation (Article 39).214.With regard to physical violence (Article 35) the drafters acknowledged that the offence as establishedby the convention has a very broad scope. It also covers cases of simple assault for which an attempt is difficult

to construct. Parties therefore have the discretion to establish as an offence the attempt to commit physicalviolence only for serious cases of physical violence. The convention also does not preclude parties fromcovering attempt by other offences.215.As with all the offences established under the convention, aiding and abetting and attempt must beintentional.Article 42 – Unacceptable justifications for crimes, including crimes committed in the name of so-called“honour”216.The drafters enshrined in this convention an important general principle: nobody under the jurisdiction ofthe courts of one of the parties to this convention will be allowed to validly invoke what he or she believes to bean element of his or her culture, religion or other personal reason to justify the commission of what is simply anelement of a criminal offence, that is, violence against women. In order to address crimes committed in thename of so-called “honour” the drafters intended to ensure that crimes committed to punish a victim for her orhis behaviour are not justified. Consequently, this article sets out the obligation for parties, in paragraph 1, toensure that culture, custom, religion, tradition or so-called “honour” are not regarded as justification for any ofthe acts of violence covered by the scope of this convention. This means that parties are required to ensure thatcriminal law and criminal procedural law do not permit as justifications claims of the accused justifying his or heracts as committed in order to prevent or punish a victim’s suspected, perceived or actual transgression ofcultural, religious, social or traditional norms or customs of appropriate behaviour.217.In addition, this provision requires parties to ensure that personal convictions and individual beliefs ofjudicial actors do not lead to interpretations of the law that amount to a justification on any of the above-mentioned grounds. Paragraph 1 thus reinforces for the particular area of criminal law the obligation contained inArticle 12.5 of the convention.218.To avoid criminal liability, these acts are often committed by a child below the age of criminalresponsibility, which is instigated by an adult member of the family or community. For this reason, the draftersconsidered it necessary to set out, in paragraph 2, the criminal liability of the instigator(s) of such crimes in orderto avoid gaps in criminal liability. Paragraph 2 applies to acts established in accordance with this conventionwhere the child is the principal perpetrator, it does not apply to offences established in accordance with Articles38.b, 38.c and 41.Article 43 – Application of criminal offences219.A large number of the offences established in accordance with this convention are offences typicallycommitted by family members, intimate partners or others in the immediate social environment of the victim.There are many examples from past practice in Council of Europe member states that show that exceptions tothe prosecution of such cases were made, either in law or in practice, if victim and perpetrator were, forexample, married to each other or had been in a relationship. The most prominent example is rape withinmarriage, which for a long time had not been recognised as rape because of the relationship between victim andperpetrator.220.For this reason, the drafters considered it necessary to establish the principle that the type ofrelationship between victim and perpetrator shall not preclude the application of any of the offences establishedin this convention.Article 44 – Jurisdiction221.This article lays down various requirements whereby parties must establish jurisdiction over the offenceswith which the convention is concerned.222.Paragraph 1a is based on the principle of territoriality. Parties are required to punish the offencesestablished in accordance with the convention when they are committed on their territory.223.Sub-paragraphsbandcare based on a variant of the principle of territoriality. They require parties toestablish jurisdiction over offences committed on ships flying their flag or aircraft registered under their laws.This obligation is already in force in the law of many countries, ships and aircraft being frequently under thejurisdiction of the state in which they are registered. This type of jurisdiction is extremely useful when the ship oraircraft is not located in the country’s territory at the time of commission of the crime, as a result of whichparagraph 1a would not be available as a basis for asserting jurisdiction. In the case of a crime committed on aship or aircraft outside the territory of the flag or registry party, it might be that without this rule there would not

be any country able to exercise jurisdiction. In addition, if a crime is committed on board a ship or aircraft whichis merely passing through the waters or airspace of another state, there may be significant practicalimpediments to the latter state’s exercising its jurisdiction and it is therefore useful for the registry state to alsohave jurisdiction.224.Paragraph 1d is based on the principle of nationality. The nationality theory is most frequently applied bycountries with a civil law tradition. Under this principle, nationals of a country are obliged to comply with its laweven when they are outside its territory. Under sub-paragraphd,if one of its nationals commits an offenceabroad, a party is obliged to be able to prosecute her or him. The drafters considered this a particularlyimportant provision in combating certain forms of violence against women. Indeed, some states in which womenand girls are subjected to rape or sexual violence, forced marriage, female genital mutilation, crimes committedin the name of so-called “honour” and forced abortion and forced sterilisation, do not have the will nor thenecessary resources to successfully carry out investigations or they lack the appropriate legal framework.Paragraph 2 enables these cases to be tried even where they are not criminalised in the state in which theoffence was committed.225.Paragraph 1e applies to persons having their habitual residence in the territory of the party. It providesthat parties shall establish jurisdiction to investigate acts committed abroad by persons having their habitualresidence in their territory, and thus contributes to the punishment of acts of violence committed abroad.Article 78.2 on reservations allows parties not to implement this jurisdiction or only to do so in specific cases orconditions.226.Paragraph 2 is linked to the nationality or residence status of the victim. It is based on the premise thatthe particular interests of national victims overlap with the general interest of the state to prosecute crimescommitted against its nationals or residents. Hence, if a national or person having habitual residence is a victimof an offence abroad, the party shall endeavour to establish jurisdiction in order to start proceedings. However,there is no obligation imposed on parties, as demonstrated by the use of the expression “endeavour”.227.Paragraph 3 represents an important element of added value in this convention, and a major stepforward in the protection of victims. The provision eliminates, in relation to the most serious offences of theconvention, the usual rule of dual criminality where acts must be criminal offences in the place where they arecommitted. Its aim is to combat in particular certain forms of violence against women which may be – or aremost frequently – committed outside the territory of application of this convention, such as forced marriage,female genital mutilation, forced abortion and forced sterilisation. Therefore, this paragraph applies exclusivelyto the offences defined in Article 36 (sexual violence including rape), Article 37 (forced marriage), Article 38(female genital mutilation) and Article 39 (forced abortion and forced sterilisation) committed by nationals of theparty concerned. Article 78.2 on reservations allows parties not to implement this jurisdiction or only to do so inspecific cases or conditions.228.In paragraph 4, the drafters wished to prohibit the subordination of the initiation of proceedings of themost serious offences in the state of nationality or of habitual residence to the conditions usually required of acomplaint of the victim or the laying of information by the authorities of the state in which the offence took place.The aim of this provision is to facilitate the prosecution of offences committed abroad. As some states do notpossess the necessary will or resources to carry out investigations on certain forms of violence against womenand domestic violence, the requirement of a complaint of the victim or the filing of charges by the relevantauthorities often constitutes an impediment to prosecution. This paragraph applies exclusively to the offencesdefined in Article 36 (sexual violence including rape), Article 37 (forced marriage), Article 38 (female genitalmutilation) and Article 39 (forced abortion and forced sterilisation) committed by nationals of the partyconcerned. Article 78.2 on reservations allows parties not to implement this jurisdiction or only to do so inspecific cases or conditions.229.Paragraph 5 concerns the principle ofaut dedere aut judicare(extradite or prosecute). Jurisdictionestablished on the basis of paragraph 5 is necessary to ensure that parties that refuse to extradite a nationalhave the legal ability to undertake investigations and proceedings domestically instead, if asked to do so by theparty that requested extradition under the terms of the relevant international instruments. Paragraph 4 does notprevent parties from establishing jurisdiction only if the offence is punishable in the territory where it wascommitted, or if the offence is committed outside the territorial jurisdiction of any state.230.It may happen that in some cases of violence covered by the scope of this convention more than oneparty has jurisdiction over some or all of the participants in the offence. For example, a woman may be lured intothe territory of another state and forced to marry against her will. In order to avoid duplication of procedures andunnecessary inconvenience for victims and witnesses or to otherwise facilitate the efficiency or fairness ofproceedings, the affected parties are, in accordance with paragraph 6, required to consult in order to determine

the proper venue for prosecution. In some cases it will be most effective for them to choose a single venue forprosecution; in others it may be best for one country to prosecute some alleged perpetrators, while one or moreother countries prosecute others. Either method is permitted under this paragraph. Finally, the obligation toconsult is not absolute; consultation is to take place “where appropriate”. Thus, for example, if one of the partiesknows that consultation is not necessary (e.g. it has received confirmation that the other party is not planning totake action), or if a party is of the view that consultation may impair its investigations or proceedings, it maydelay or decline consultation.231.The bases of jurisdiction set out in paragraph 1 of this article are not exclusive. Paragraph 7 permitsparties to establish other types of criminal jurisdiction according to their domestic law.Article 45 – Sanctions and measures232.This article is closely linked to Articles 33 to 41, which define the various offences that should be madepunishable under criminal law. However, it applies to all types of sanctions, regardless of whether they are of acriminal nature or not. In accordance with these obligations imposed by those articles, Article 45 requires partiesto match their action with the seriousness of the offences and lay down sanctions which are “effective,proportionate and dissuasive”. This includes providing for prison sentences that can give rise to extraditionwhere this is appropriate. The drafters decided to leave it to the parties to decide on the type of offenceestablished in accordance with the convention that merits a prison sentence. It should be noted that, underArticle 2 of the European Convention on Extradition (ETS No. 24), extradition is to be granted in respect ofoffences punishable under the laws of the requesting and requested parties by deprivation of liberty or under adetention order for a maximum period of at least one year or by a more severe sanction.233.In addition, paragraph 2 provides for other measures which may be taken in relation to perpetrators. Theprovision lists two examples: the monitoring or supervision of convicted persons and the withdrawal of parentalrights, if the best interests of the child, which may include the safety of the victim, cannot be guaranteed in anyother way. The reference to the “best interest of the child” in the latter example is in line with the ruling of theEuropean Court of Human Rights in theZaunegger v. Germanyjudgment of 3 December 2009, which statedthat in the majority of member states “decisions regarding the attribution of custody are to be based on thechild’s best interest” (§ 60). In particular, measures taken in relation to parental rights should never lead toendangering or causing harm to the child. Although the granting of parental rights and contact with the child areoften related issues, the drafters bore in mind that some parties may distinguish these issues in their internallaw, and thus allow a parent to have contact with the child without granting her or him parental rights. Inparticular in cases of domestic violence against one parent and witnessed by a child, it may not be in the bestinterest of the child to continue contact with the abusive parent. Ensuring contact with the abusive parent maynot only have a negative impact on the child, but may also pose a serious risk to the safety of the abuser’svictim, because it often gives the perpetrator a reason to contact or see the victim and may not be in line with arestraining or barring order in place. It is important to ensure that all legal measures taken to protect victims areconsistent and are not thwarted by legal measures taken in other contexts.Article 46 – Aggravating circumstances234.Article 46 requires parties to ensure that the circumstances mentioned in sub-paragraphsatoimay betaken into consideration as aggravating circumstances in the determination of the penalty for offencesestablished in the convention. These circumstances must not already form part of the constituent elements ofthe offence. This principle applies to cases where the aggravating circumstances already form part of theconstituent elements of the offence in the national law of the party.235.By the use of the phrase “may be taken into consideration”, the drafters wished to highlight that theconvention places an obligation on parties to ensure that these aggravating circumstances are available forjudges to consider when sentencing perpetrators although there is no obligation on judges to apply them. Inaddition, the reference to “in conformity with the relevant provisions of internal law” is intended to underline thefact that the various legal systems in Europe have different approaches to aggravating circumstances andtherefore permits parties to retain some of their legal concepts. This gives flexibility to parties in implementingthis provision without, in particular, obliging them to modify their principles related to the application of sanctionsin the criminal law systems.236.The first of the aggravating circumstances, stated in sub-paragrapha,is where the offence wascommitted against a former or current spouse or partner as recognised by internal law, by a member of thefamily, a person cohabiting with the victim or a person having abused her or his authority. This would covervarious situations where the offence was committed by the former or current marital partner or non-maritalpartner as recognised by internal law. It would also include members of the victim’s family, such as parents and

grandparents and children or persons having a family-related dependent relationship with the victim. “Anyperson cohabiting with the victim” refers to persons living within the same household other than family members.A person “having abused her or his authority” refers to anyone who is in a position of superiority over the victim,including, for example, a teacher or employer. The common element of these cases is the position of trust whichis normally connected with such a relationship and the specific emotional harm which may emerge from themisuse of this trust when committing an offence within such a relationship. In this paragraph the reference to“partners as recognised by internal law” means that, as a minimum, former or current partners shall be coveredin accordance with the conditions set out in internal law, bearing in mind that it is the intimacy and trustconnected with the relationship that makes it an aggravating circumstance.237.The second aggravating circumstance, in sub-paragraphb,concerns offences that are committedrepeatedly. This refers to any of the offences established by this convention as well as any related offence whichare committed by the same perpetrator more than once during a certain period of time. The drafters therebydecided to emphasise the particularly devastating effect on a victim who is repeatedly subjected to the sametype of criminal act. This is often the case in situations of domestic violence, which inspired the drafters torequire the possibility of increased court sentences. It is important to note that the facts of an offence of a similarnature which led to a conviction of the same perpetrator may not be considered as a repeated act referred tounder sub-paragraphbbut constitute an aggravating circumstance of their own under sub-paragraphi.238.The third aggravating circumstance, in sub-paragraphc,refers to offences committed against a personmade vulnerable by particular circumstances (see paragraph 87 for the indicative list of possible vulnerablepersons).239.The fourth aggravating circumstance, in sub-paragraphd,covers offences committed against a child orin the presence of a child, which constitutes a form of victimisation of the child in itself. The drafters wished tohighlight the particularly culpable behaviour if any of the offences established by this convention are committedagainst a child.240.The fifth aggravating circumstance, in sub-paragraphe,is where the offence was committed by two ormore people acting together. This indicates a collective act committed by two or more people.241.The sixth aggravating circumstance, in sub-paragraphf,refers to offences preceded or accompanied byextreme levels of violence. This refers to acts of physical violence that are particularly high in intensity andpresent a serious risk to the life of the victim.242.The seventh aggravating circumstance, in sub-paragraphg,concerns the use or threat of a weapon. Byincluding this, the drafters emphasise the particularly culpable behaviour of employing a weapon, as it maycause serious violence, including the death of the victim.243.The eighth aggravating circumstance, in sub-paragraphh,is where the offence resulted in severephysical or psychological harm for the victim. This indicates offences which cause particularly serious physicalor psychological suffering, in particular long-term health consequences for the victim.244.The last aggravating circumstance, in sub-paragraphi,is where the perpetrator has previously beenconvicted of offences of a similar nature. By including this, the drafters draw attention to the particular risk ofrecidivism for many of the offences covered by the convention, in particular domestic violence.Article 47 – Sentences passed by another party245.Some of the offences established in accordance with this convention can have a transnationaldimension or may be carried out by perpetrators who have been tried and convicted in another country or inmore than one country. At the domestic level, many legal systems provide for a different, often harsher, penaltywhere someone has previous convictions. In general, only convictions by a national court count as a previousconviction. Traditionally, convictions by foreign courts are not necessarily taken into account on the grounds thatcriminal law is a national matter and that there can be differences of national law, and because of a degree ofsuspicion of decisions by foreign courts.246.Such arguments have less force today in that internationalisation of criminal law standards – as a resultof the internationalisation of crime – is tending to harmonise the laws of different countries. In addition, in thespace of a few decades, countries have adopted instruments such as the ECHR whose implementation hashelped build a solid foundation of common guarantees that inspire greater confidence in the justice systems ofall the participating states.

247.The principle of international recidivism is established in a number of international legal instruments.Under Article 36.2.iii of the New York Convention of 30 March 1961 on Narcotic Drugs, for example, foreignconvictions have to be taken into account for the purpose of establishing recidivism, subject to each party’sconstitutional provisions, legal system and national law. Under Article 1 of the Council Framework Decision of6 December 2001 amending Framework Decision 2000/383/JHA on increasing protection by criminal penaltiesand other sanctions against counterfeiting in connection with the introduction of the euro, European Unionmember states must recognise as establishing habitual criminality final decisions handed down in anothermember state for counterfeiting of currency.248.The fact remains that at international level there is no standard concept of recidivism and the laws ofsome countries do not include the concept at all. The fact that foreign convictions are not always brought to thecourts’ notice for sentencing purposes is an additional practical difficulty. However, Article 3 of the CouncilFramework Decision 2008/675/JHA on taking account of convictions in the member states of the EuropeanUnion in the course of new criminal proceedings, first establishes in a general way – without limitation to specificoffences – the obligation of taking into account a previous conviction handed down in another (member) state.249.Therefore, Article 47 provides for the possibility of taking into account final sentences passed by anotherparty in assessing a sentence. To comply with the provision parties may provide in their domestic law thatprevious convictions by foreign courts are to result in a harsher penalty when they are known to the competentauthority. They may also provide that, under their general powers to assess the individual’s circumstances insetting the sentence, courts should take those convictions into account. This possibility should also include theprinciple that the perpetrator should not be treated less favourably than he would have been treated if theprevious conviction had been a national conviction.250.This provision does not place any positive obligation on courts or prosecution services to take steps tofind out whether persons being prosecuted have received final sentences from another party’s courts. It shouldnevertheless be noted that, under Article 13 of the European Convention on Mutual Assistance in CriminalMatters (ETS No. 30), a party’s judicial authorities may request from another party extracts from and informationrelating to judicial records, if needed in a criminal matter.Article 48 – Prohibition of mandatory alternative dispute resolution processes or sentencing251.The domestic law of many Council of Europe member states provides for alternative dispute resolutionprocesses and sentencing – in criminal and in civil law. In particular in family law, methods of resolving disputesalternative to judicial decisions are considered to better serve family relations and to result in more durabledispute resolution. In some legal systems, alternative dispute resolution processes or sentencing such asmediation or conciliation are also used in criminal law.252.While the drafters do not question the advantages these alternative methods present in many criminaland civil law cases, they wish to emphasise the negative effects these can have in cases of violence covered bythe scope of this convention, in particular if participation in such alternative dispute resolution methods ismandatory and replaces adversarial court proceedings. Victims of such violence can never enter the alternativedispute resolution processes on a level equal to that of the perpetrator. It is in the nature of such offences thatsuch victims are invariably left with a feeling of shame, helplessness and vulnerability, while the perpetratorexudes a sense of power and dominance. To avoid the re-privatisation of domestic violence and violenceagainst women and to enable the victim to seek justice, it is the responsibility of the state to provide access toadversarial court proceedings presided over by a neutral judge and which are carried out on the basis of thenational laws in force. Consequently, paragraph 1 requires parties to prohibit in domestic criminal and civil lawthe mandatory participation in any alternative dispute resolution processes.253.Paragraph 2 of this article aims to prevent another unintended consequence which legal measures mayhave on the victim. Many of the perpetrators of the offences established by the convention are members of thefamily of the victim. Moreover, they are often the sole breadwinners of the family and therefore the only source ofa possibly limited/small family income. Ordering the perpetrator to pay a fine will consequently have a bearing onthe family income or his ability to pay alimony and may result in financial hardship for the victim. Such a measuremay thus indirectly punish the victim. This provision therefore requires parties to ensure that any fine that aperpetrator is ordered to pay shall not indirectly lead to financial hardship on the part of the victim. It is importantto note that it does not impinge on the independence of the judiciary and an individual approach to sanctions.

Chapter VI – Investigation, prosecution, procedural law and protective measures254.This chapter contains a variety of provisions that cover a broad range of issues related to investigation,prosecution, procedural law and protection against all forms of violence covered by the scope of this convention,in order to reinforce the rights and duties laid out in the previous chapters of the convention.Article 49 – General obligations255.The drafters wanted to prevent incidents of violence against women and domestic violence from beingassigned low priority in investigations and judicial proceedings, which contributes significantly to a sense ofimpunity among perpetrators and has helped to perpetuate high levels of acceptance of such violence. In orderto achieve this goal, paragraph 1 sets out the obligation to ensure that investigations and judicial proceedings inrelation to all forms of violence covered by the scope of this convention are carried out without undue delay. Thiswill help to secure vital evidence, enhance conviction rates and put an end to impunity. It is important to notethat while it is essential to ensure swift investigations and proceedings, it is equally important to respect therights of victims during these stages. Paragraph 1 therefore requires parties to avoid, as far as possible,aggravating any harm experienced by victims during investigations and judicial proceedings and to provide themwith assistance during criminal proceedings.256.Paragraph 2 complements the obligation by establishing the obligation to ensure that the investigationand prosecution of cases of all forms of violence covered by the scope of this convention are carried out in aneffective manner. This means, for example, establishing the relevant facts, interviewing all available witnessesand conducting forensic examinations, based on a multi-disciplinary approach and using state-of-the-art criminalinvestigative methodology to ensure a comprehensive analysis of the case. The drafters considered it importantto spell out as part of this obligation the need to ensure that all investigations and procedures are carried out inconformity with fundamental principles of human rights and with regard to a gendered understanding of violence.This means, in particular, that any measures taken in implementation of this provision are not prejudicial to therights of the defence and the requirements of a fair and impartial trial, in conformity with Article 6 ECHR.Article 50 – Immediate response, prevention and protection257.Paragraph 1 requires law enforcement agencies to promptly and appropriately react by offeringadequate and immediate protection to victims, while paragraph 2 calls for their prompt and appropriateengagement in the prevention of and protection against all forms of violence covered by the scope of thisconvention, including the employment of preventive operational measures and the collection of evidence.258.Compliance with this obligation includes, for example, the following:

-the right of the responsible law enforcement agencies to enter the place where a person at risk ispresent;-treating and giving advice to victims by the responsible law enforcement agencies in an appropriatemanner;-hearing victims without delay by specially trained, and where appropriate female, staff in premises thatare designed to establish a relationship of trust between the victim and the law enforcement personnel; and-provide for an adequate number of female law enforcement officers, including at high levels ofresponsibility.259.Effective measures should be taken to prevent the most blatant forms of violence, namely murder orattempted murder. Each such case should be carefully analysed in order to identify any possible failure ofprotection with a view to improving and developing further preventive measures.Article 51 – Risk assessment and risk management260.Concern for the victim’s safety must lie at the heart of any intervention in cases of all forms of violencecovered by the scope of this convention. This article therefore establishes the obligation to ensure that allrelevant authorities, not just the police, effectively assess and devise a plan to manage the safety risks aparticular victim faces on a case-by-case basis, according to standardised procedure and in co-operation andco-ordination with each other. Many perpetrators threaten their victims with serious violence, including death,and have subjected their victims to serious violence in the past. It is therefore essential that any risk assessment

and risk management consider the probability of repeated violence, especially deadly violence, and adequatelyassess the seriousness of the situation.261.The purpose of this provision is to ensure that an effective multi-agency network of professionals is setup to protect high-risk victims. The risk assessment must therefore be carried out with a view to managing theidentified risk by devising a safety plan for the victim in question in order to provide co-ordinated safety andsupport if necessary.262.However, it is important to ensure that any measures taken to assess and manage the risk of furtherviolence allow for the rights of the accused to be respected at all times. At the same time, it is of paramountimportance that such measures do not aggravate any harm experienced by victims and that investigations andjudicial proceedings do not lead to secondary victimisation.263.Paragraph 2 extends the obligation to ensure that the risk assessment referred to in the first paragraphof this article duly takes into account reliable information on the possession of firearms by perpetrators. Thepossession of firearms by perpetrators not only constitutes a powerful means to exert control over victims, butalso increases the risk of homicide. This is particularly the case in post-conflict situations or in countries with atradition of firearms ownership, which can provide perpetrators with greater access to these weapons. However,very serious cases of violence against women and domestic violence are committed with the use of firearms inall other countries as well. For this reason, the drafters felt it essential to place on parties the obligation toensure that any assessment of the risks faced by a victim should systematically take into consideration, at allstages of the investigation and application of protective measures, whether the perpetrator legally or illegallypossesses or has access to firearms in order to guarantee the safety of victims. For example, in issuingemergency barring orders, restraining or protection orders, and when sentencing following criminal convictionsfor any of the forms of violence covered by the scope of this convention, parties may adopt, within their domesticlegal systems, such measures as may be necessary to enable immediate confiscation of firearms andammunition. Additionally, in order to cover all weapons that could be used in serious cases of violence,particularly combat-type knives, parties are encouraged to take into account, as far as possible, the possessionof or access to such weapons.Article 52 – Emergency barring orders264.In situations of immediate danger, the most effective way of guaranteeing the safety of a domesticviolence victim is by achieving physical distance between the victim and the perpetrator. In many cases, thisrequires one of the two to leave the joint residence for a period of time, or the perpetrator to leave the victim’sresidence. Rather than placing the burden of hurriedly seeking safety in a shelter or elsewhere on the victim,who is often accompanied by dependent children, often with very few personal affairs and for an indefinite periodof time, the drafters considered it important to ensure the removal of the perpetrator to allow the victim to remainin the home. Therefore, this provision establishes the obligation of equipping the competent authorities with thepower to order a perpetrator of domestic violence to leave the residence of the victim and to bar him or her fromreturning or contacting the victim. The immediate danger must be assessed by the relevant authorities. Thedrafters decided to leave to the parties to decide on the duration of such an order, but the period should besufficient to provide effective protection to the victim. Existing examples of such orders in Council of Europemember states range between 10 days and four weeks, with or without the possibility of renewal. Equally, thedrafters decided to leave the parties to identify and empower, in accordance with their national legal andconstitutional systems, the authority competent to issue such orders and the applicable procedure.265.The term “immediate danger” refers to any situations of domestic violence in which harm is imminent orhas already materialised and is likely to happen again.266.Lastly, this provision requires parties to ensure that any measures taken in its implementation give dueconsideration to the safety of the victim or person at risk. This shows the protective nature of this measure.Article 53 – Restraining or protection orders267.This provision sets out the obligation to ensure that national legislation provides for restraining and/orprotection orders for victims of all forms of violence covered by the scope of this convention. Furthermore, itestablishes a number of criteria for such orders to ensure that they serve the purpose of offering protection fromfurther acts of violence.268.Although this provision refers to restraining “or” protection orders, the drafters bore in mind that thenational legislation of certain parties may provide for the combined use of restraining and protection orders. Arestraining or protection order may be considered complementary to a short-term emergency barring order. Itspurpose is to offer a fast legal remedy to protect persons at risk of any of the forms of violence covered by the

scope of this convention by prohibiting, restraining or prescribing a certain behaviour by the perpetrator. Thiswide range of measures covered by such orders means that they exist under various names such as restrainingorder, barring order, eviction order, protection order or injunction. Despite these differences, they serve thesame purpose: preventing the commission of violence and protecting the victim. For the purpose of thisconvention, the drafters decided to use the term restraining or protection order as an umbrella category.269.The drafters decided to leave the parties to choose the appropriate legal regime under which suchorders may be issued. Whether restraining or protection orders are based in civil law, criminal procedure law oradministrative law or in all of them will depend on the national legal system and above all on the necessity foreffective protection of victims.270.Paragraph 2 contains a number of specifications for restraining and protection orders. The first indentrequires these orders to offer immediate protection and to be available without undue financial or administrativeburdens placed on the victim. This means that any order should take effect immediately after it has been issuedand shall be available without lengthy court proceedings. Any court fees levied against the applicant, most likelythe victim, shall not constitute an undue financial burden which would bar the victim from applying. At the sametime, any procedures set up to apply for a restraining or protection order shall not present insurmountabledifficulties for victims.271.The second indent calls for the order to be issued for a specified or a determined period or until modifiedor discharged. This follows from the principle of legal certainty that requires the duration of a legal measure to bespelt out clearly. Furthermore, it shall cease to be in effect if changed or discharged by a judge or othercompetent official.272.The third indent requires parties to ensure that in certain cases these orders may be issued, wherenecessary, on anex partebasis with immediate effect. This means that a judge or other competent official wouldhave the authority to issue a temporary restraining or protection order based on the request of one party only. Itshould be noted that, in accordance with the general obligations provided for under Article 49.2 of thisconvention, the issuing of such orders must not be prejudicial to the rights of the defence and the requirementsof a fair and impartial trial, in conformity with Article 6 ECHR. This means in particular that the person againstwhom such an order has been issued should have the right to appeal it before the competent authorities andaccording to the appropriate internal procedures.273.The fourth indent seeks to ensure the possibility for victims to obtain a restraining or protection orderwhether or not they choose to set in motion any other legal proceedings. For example, where such orders exist,research has shown that many victims who want to apply for a restraining or protection order may not beprepared to press criminal charges (that would lead to a criminal investigation and possibly criminalproceedings) against the perpetrator. Standing to apply for a restraining or protection order shall therefore not bemade dependent on the institution of criminal proceedings against the same perpetrator. Similarly, it should notbe made dependent on the institution of divorce proceedings, etc. At the same time, the fact that criminal or civilproceedings concerning the same set of facts are underway against the same perpetrator shall not prevent arestraining or protection order from being issued. This, however, does not exclude the right of the parties toprovide in national legislation that after receiving a motion to issue a restraining or protective order, criminalproceedings may be instituted.274.The fifth indent requires parties to take measures to ensure that the existence of a restraining orprotection order may be introduced in any other legal proceedings against the same perpetrator. The aim of thisprovision is to allow for the fact that such an order has been issued against the perpetrator to be known to anyother judge presiding over legal proceedings against the same person.275.Paragraph 3 aims to ensure respect for restraining and protection orders by requiring “effective,proportionate and dissuasive” sanctions for any breach of such orders. These sanctions may be of a criminallaw or other legal nature and may include prison sentences, fines or any other legal sanction that is effective,proportionate and dissuasive.276.Lastly, since establishing the truth in domestic violence cases may, at times, be difficult, parties mayconsider limiting the possibility of the adversary or perpetrator to thwart attempts of the victim to seek protectionby taking the necessary measures to ensure that, in cases of domestic violence, restraining and protectionorders as referred to in paragraph 1 may not be issued against the victim and perpetrator mutually. Also, partiesshould consider banning from their national legislation any notions of provocative behaviour in relation to theright to apply for restraining or protection orders. Such concepts allow for abusive interpretations aimed atdiscrediting the victim and should be removed from domestic violence legislation. Finally, parties may alsoconsider taking measures to ensure that standing to apply for restraining or protection orders referred to in

paragraph 1 is not limited to victims. These measures are of particular relevance in relation to legally incapablevictims, as well as regarding vulnerable victims who may be unwilling to apply for restraining or protection ordersfor reasons of fear or emotional turmoil and attachment.Article 54 – Investigations and evidence277.In judicial proceedings evidence relating to the sexual history and sexual conduct of a victim issometimes exploited in order to discredit the evidence presented by the victim. The defence sometimes usesprevious sexual behaviour evidence in order to challenge the respectability, the credibility and the lack ofconsent of victims. This particularly regards cases of sexual violence, including rape. Presenting this type ofevidence may reinforce the perpetuation of damaging stereotypes of victims as being promiscuous and byextension immoral and not worthy of the protection provided by civil and criminal law. This may lead tode factoinequality, since victims, who are overwhelmingly women, are more likely to be provided with this protection ifthey are judged to be of a respectable nature.278.The drafters felt it essential to emphasise that a victim’s past sexual behaviour should not be consideredas an excuse for acts of violence against women and domestic violence allowing to exonerate the perpetrator orto diminish his liability. However, they were conscious of the fact that, in some parties to the convention, theadmissibility and consideration of evidence lies within the discretion of the judge, whereas in others, it is strictlypredetermined by the rules of criminal procedural law. Article 54 entails the obligation for parties to take thenecessary legislative or other measures to ensure that evidence relating to the sexual history and sexualconduct of the victim shall be permitted or considered only when it is relevant and necessary. This means thatthe provision restricts the admissibility of such evidence, in both civil or criminal proceedings, to cases where it isrelevant to a specific issue at trial and if it is of significant probative value. Therefore, it does not rule out theadmissibility of such evidence. Where judges admit previous sexual history evidence, it should only bepresented in a way that does not lead to secondary victimisation. Victims should have access to legal recoursewithout suffering additional trauma because of their sexual history and conduct.Article 55 –Ex parteandex officioproceedings279.Conscious of the particularly traumatising nature of the offences covered by this article, the drafterssought to ease the burden which lengthy criminal investigations and proceedings often place on the victimswhile at the same time ensuring that perpetrators are brought to justice. The aim of this provision is therefore toenable criminal investigations and proceedings to be carried out without placing the onus of initiating suchproceedings and securing convictions on the victim.280.Paragraph 1 places on parties the obligation to ensure that investigations into a number of categories ofoffences shall not be “wholly dependent” upon the report or complaint filed by a victim and that any proceedingsunderway may continue even after the victim has withdrawn her or his statement or complaint. The draftersdecided to use the term “wholly dependent” in order to address procedural differences in each legal system,bearing in mind that ensuring the investigations or prosecution of the offences listed in this article is theresponsibility of the state and its authorities. In particular, the drafters were of the opinion that acts resulting insevere bodily harm or deprivation of life must be addressed promptly and directly by competent authorities. Thefact that many of the offences covered by this convention are perpetrated by family members, intimate partnersor persons in the immediate social environment of the victim and the resulting feelings of shame, fear andhelplessness lead to low numbers of reporting and, subsequently, convictions. Therefore, law enforcementauthorities should investigate in a proactive way in order to gather evidence such as substantial evidence,testimonies of witnesses, medical expertise, etc., in order to make sure that the proceedings may be carried outeven if the victim withdraws her or his statement or complaint at least with regard to serious offences, such asphysical violence resulting in death or bodily harm.281.Paragraph 1 of this article is open to reservations in respect of Article 35 regarding minor offences,pursuant to Article 78.2 of this convention. The drafters wished to make a clear distinction between seriousoffences of physical violence resulting in severe bodily harm or deprivation of life which would then be excludedby this possibility of reservation and other, minor, offences of physical violence which do not lead to suchconsequences. However, it is left to parties to determine what constitutes “minor offences” of physical violence.282.With a view to empowering victims and to encouraging them to go through with criminal proceedings,paragraph 2 requires parties to ensure that victim organisations, specifically trained domestic violencecounsellors or other types of support/advocacy services may assist and support victims during investigationsand judicial proceedings. Good practice examples have shown that victims who are supported or assisted by aspecialist support service during investigations and proceedings are more likely to file a complaint and testifyand are better equipped to take on the emotionally challenging task of actively contributing to the outcome of

proceedings. The type of service which this paragraph refers to is not of a legal, but a practical/psychologicalnature. It includes psychologically/emotionally preparing victims to endure testifying in front of the accused,accompanying victims to court and/or assisting them in any other practical and emotional way.Article 56 – Measures of protection283.This provision is inspired by Article 31.1 of the Convention on the Protection of Children against SexualExploitation and Sexual Abuse (ETS No. 201). Paragraph 1 contains a non-exhaustive list of proceduresdesigned to protect victims of all forms of violence covered by the scope of this convention during proceedings.These measures of protection apply at all stages of the proceedings, both during the investigations, whetherthey are carried out by law enforcement agencies or judicial authorities, and during trial proceedings. Althoughthere is no legal necessity to do so, as it is always open to parties to adopt measures more favourable thanthose provided for in any part of the convention, the drafters wished to make it clear that the measures ofprotection referred to are indicative. Parties are thus free to grant additional measures of protection. It isimportant to highlight that throughout Article 56.1, where there is mention that measures need to be taken inaccordance with internal law or “where possible”, the convention gives parties the freedom to employ whatevermeans they consider best to achieve the provision’s objectives. This is the case of sub-paragraphsc, d, gandi.284.First of all, sub-paragraphacontains the obligation for parties to take the necessary legislative or othermeasures in order to provide for the protection of victims, as well as that of their families and witnesses. Partiesmust ensure that victims are safe from intimidation, retaliation and repeat victimisation.285.In relation to sub-paragraphb,the drafters stressed the importance of the obligation to inform victimswhen the perpetrator is released temporarily or permanently, or escapes, at least in cases where the victims andthe family might be in danger. This does not prevent parties from informing victims in other circumstances wherethis seems necessary (for instance, in cases where there is a risk of retaliation or intimidation or when, becausethe victim and the perpetrator live near each other, they might accidentally find themselves face to face witheach other). Some legal systems require the prior application by the victim to receive this information. In thesecases parties shall inform the victim of this possibility.286.Furthermore, sub-paragraphcsets out the right of victims (and their families or legal representatives inthe case of child victims) to be informed of developments in the investigations and proceedings in which they areinvolved as victims. In this respect, the provision provides that victims should be informed of their rights and ofthe services at their disposal and the follow-up given to their complaint, the charges, the general progress of theinvestigations or proceedings, and their role as well as the outcome of their cases. Although this is not includedin the provision, parties should ensure that this information be provided in a language that they understand (seecomments on Article 19).287.With regard to sub-paragraphd,this provision aims to enable victims to be heard, to supply evidenceand to choose the means of having their views, needs and concerns presented and considered. Parties shalltake the necessary measures to ensure that the presentation and consideration of the victims’ views, needs andconcerns is assured directly or through an intermediary.288.Sub-paragraphedeals more specifically with general assistance to victims to ensure that their rightsand interests are duly presented and taken into account at all stages of investigations and judicial proceedings.289.The obligation contained in sub-paragraphfentails taking the necessary measures in order to ensurethat the victims’ privacy is protected. This requires taking measures, where appropriate and in accordance withinternal law, to prevent the public dissemination of any information that could lead to the identification of victims.The drafters wished to stress, however, that the protection of the victim's image and privacy extends to the riskof “public” disclosure, and that these requirements should not prevent this information being revealed in thecontext of the actual proceedings, in order to respect the principles that both parties must be heard and theinherent rights of the defence during a criminal prosecution.290.Sub-paragraphgis designed to protect victims, in particular by preventing their being furthertraumatised through contact, on the premises of the investigation services and in court, with the allegedperpetrator of the offence. This provision applies to all stages of the criminal proceedings (including theinvestigation), with certain exceptions: the investigation services and the judicial authority must be able to waivethis requirement, in particular when the victim wishes to attend the hearing or when contact between the victimand the alleged perpetrator is necessary or useful for ensuring that the proceedings take place satisfactorily (forexample, when a confrontation appears necessary).

291.Sub-paragraphhlays out the obligation of providing victims, where necessary, with independent andcompetent interpreters. Some legal systems require a sworn-in interpreter to establish independence. Owing tothe difference in status of victims in the different judicial systems, the drafters considered it important to make itclear in the text of the convention that this applies when victims are parties to the proceedings or when they aregiving evidence. Many victims do not speak, or barely speak, the language of the country where they weresubject to acts of violence against women and domestic violence. Ignorance of the language adds to theirisolation and is one of the factors preventing them from claiming their rights. In such cases access to interpretersis needed to help them during investigations and judicial proceedings. This is an essential measure forguaranteeing access to rights, which is a prerequisite for access to justice, and parties should envisageproviding victims with interpreters free of charge.292.Finally, sub-paragraphiplaces an obligation on parties to ensure that victims are able to testify in thecourtroom without being present or at least without the presence of the alleged perpetrator. The law in somecountries provides for audiovisual recording of hearings of victims and safeguarding such hearings by suchmeans as limiting who is allowed to attend the hearing and view the recording; allowing the victim to request abreak in recording at any time; and making a full, word-for-word transcription of the hearing on request. Suchrecordings and written records may then be used in court instead of having the victim appear in person. Somelegal systems likewise allow victims to appear before the court by videoconference. The victim is heard in aseparate room, possibly in the presence of an expert and technicians. To limit as far as possible thepsychological impact on the victim of being in the same room as the perpetrator or being with them byvideoconference, the sightlines of both can be restricted so that the victim cannot see the perpetrator and/or viceversa. If, for instance, the victim were to appear at the hearing, she or he could give evidence from behind ascreen or give evidence where the perpetrator does not appear in the courtroom. Parties must therefore ensurethe obligation laid out in this provision, where available, through the use of appropriate communicationtechnologies.293.In the case of child victims and child witnesses, paragraph 2 states that parties must take special care oftheir needs and ensure their rights to special protection measures as a child will usually be more vulnerable thanan adult and likelier to be intimidated. Consequently, special protection measures must give due regard to thebest interests of the child, which may include measures such as not obliging a child to testify in the presence ofthe perpetrator. With regard to the term “child witness”, see also comments on Article 26.Article 57 – Legal aid294.In the immediate aftermath of violence many victims of violence against women and domestic violencemay be forced to leave all their belongings or jobs behind at a moment’s notice. Judicial and administrativeprocedures are often highly complex and victims need the assistance of legal counsel to be able to assert theirrights satisfactorily. In these cases, it might be difficult for victims to effectively access legal remedies because ofthe high costs which can be involved in seeking justice. For this reason the drafters believed it essential to placean obligation on parties to provide for the right to legal assistance and to free legal aid for victims under theconditions provided by their internal law. This provision is inspired by Article 15.2 of the Council of EuropeConvention on Action against Trafficking in Human Beings (ETS No.197).295.Article 57 does not give the victim an automatic right to free legal aid. It is for each party to decide therequirements for obtaining such aid. In addition to this provision, parties must take account of Article 6 ECHR.Even though Article 6.3.c ECHR provides for free assistance from an officially appointed lawyer only in criminalproceedings, European Court of Human Rights case law (Aireyv. Irelandjudgment, 9 October 1979) alsorecognises, in certain circumstances, the right to free legal representation in a civil matter on the basis of Article6.1 ECHR, interpreted as establishing the right to a court for determination of civil rights and obligations (seeGolder v. United Kingdom,judgment of 21 February 1975). The Court’s view is that effective access to a courtmay necessitate free legal assistance. Its position is that it must be ascertained whether appearance before acourt without the assistance of a lawyer would be effective in the sense that the person concerned would be ableto present their case properly and satisfactorily. Here the Court has taken into account the complexity ofprocedures and the emotional character of a situation – which might be scarcely compatible with the degree ofobjectivity required by advocacy in court – in deciding whether someone was in a position to present her or hisown case effectively. If not, he or she must be given free legal assistance. Thus, even in the absence oflegislation granting free legal respresentation in civil matters, it must be assessed whether, in the interest ofjustice, an applicant who is without financial means should be granted legal assistance if unable to afford alawyer.Article 58 – Statute of limitation

296.This provision provides that the limitation period for initiating legal proceedings continues to run for asufficient period of time to allow prosecutions to be effectively initiated after the victim has reached the age ofmajority. The obligation therefore applies in relation to child victims only, who are often unable, for variousreasons, to report the offences perpetrated against them before reaching the age of majority. The expression“for a period of time sufficient to allow the efficient initiation of proceedings” means, first, once these childrenbecome adults, they must have a sufficiently long time to overcome their trauma, thus enabling them to file acomplaint and, second, that the prosecution authorities must be in a position to bring prosecutions for theoffences concerned.297.In order to meet the requirements of proportionality that apply to criminal proceedings, however, thedrafters restricted the application of this principle to the offences provided in Articles 36, 37, 38 and 39, inrespect of which there is justification for extending the limitation period. Nevertheless, Article 78.2 onreservations allows future parties to declare that they reserve the right not to apply this principle or to apply itonly in specific cases or conditions in respect of Articles 37, 38 and 39.

Chapter VII – Migration and asylum298.Migrant women, including undocumented migrant women, and women asylum-seekers form twosubcategories of women that are particularly vulnerable to gender-based violence. Despite their difference inlegal status, reasons for leaving their home country and living conditions, both groups are, on the one hand, atincreased risk of experiencing violence against women and, on the other hand, face similar difficulties andstructural barriers in overcoming violence.299.This chapter contains a number of obligations that aim to introduce a gender-sensitive understanding ofviolence against migrant women and women asylum-seekers. For example, it introduces the possibility ofgranting migrant women who are victims of gender-based violence an independent residence status.Furthermore, it establishes the obligation to recognise gender-based violence against women as a form ofpersecution and contains the obligation to ensure that a gender-sensitive interpretation be given whenestablishing refugee status. In addition, this chapter establishes the obligation of introducing gender-sensitiveprocedures, guidelines and support services in the asylum process. Finally, it contains provisions pertaining tothe respect of thenon-refoulementprinciple with regard to victims of violence against women.300.The provisions laid out in Articles 60 and 61 of this convention are intended to be read so that they arecompatible with the 1951 Convention relating to the Status of Refugees and Article 3 ECHR as interpreted bythe European Court of Human Rights. In addition, these provisions do not go beyond the scope of application ofthe said instruments but give them a practical dimension.Article 59 – Residence status301.Research has shown that fear of deportation or loss of residence status is a very powerful tool used byperpetrators to prevent victims of violence against women and domestic violence from seeking help fromauthorities or from separating from the perpetrator. Most Council of Europe member states require spouses orpartners to remain married or in a relationship for a period ranging from one to three years for the spouse orpartner to be granted an autonomous residence status. As a result, many victims whose residence status isdependent on that of the perpetrator stay in relationships where they are forced to endure situations of abuseand violence for long periods of time.302.The drafters considered it necessary to ensure that the risk of losing their residence status should notconstitute an impediment to victims leaving an abusive and violent marriage or relationship. The obligationcontained in paragraph 1 requires parties to the convention to take the necessary legislative or other measuresto ensure that migrant victims whose residence status is conditional on marriage or on being in a relationship aregranted an autonomous residence permit of a limited validity in the event of the dissolution of the marriage or therelationship.303.Paragraph 1 specifies that an autonomous residence permit should be granted in the event ofparticularly difficult circumstances. Parties should consider being a victim of the forms of violence covered by thescope of this convention committed by the spouse or partner or condoned by the spouse or partner as aparticularly difficult circumstance. The drafters felt it best to let parties establish, in accordance with internal law,the conditions relating to the granting and duration of the autonomous residence permit, following an applicationby the victim. This includes establishing which public authorities are competent to decide if the relationship hasdissolved as a consequence of the violence endured by the victim and what evidence is to be produced by thevictim. Evidence of violence may include, for example, police records, a court conviction, a barring or protectionorder, medical evidence, an order of divorce, social services records or reports from women’s NGOs, to namebut a few.304.Moreover, paragraph 1 highlights the fact that independent/autonomous permits should be grantedirrespective of the duration of the marriage or the relationship. It contains the obligation to ensure that victims ofall forms of violence covered by the scope of this convention be granted autonomous residence permits in her orhis own right, even if the marriage or the relationship ceases before the end of the probationary period. This willallow victims to obtain the necessary protection from authorities without fearing that the perpetrator will retaliateby withdrawing or threatening to withdraw residence benefits under the perpetrator’s control. This is alsoparticularly important in cases of forced marriages, where victims are forced to remain married for theprobationary period unless they are prepared to be deported upon divorce.305.Furthermore, paragraph 1 applies to spouses or partners as recognised by internal law. Unmarriedpartners are included in the provision to the extent that several Council of Europe member states grantresidence permits to partners who are able to demonstrate, under the conditions laid down by internal law, thatthey have been living in a relationship analogous to marriage or that the relationship is of a permanent nature.

306.The second paragraph refers to cases where victims who have joined their spouses or partners under afamily reunification scheme face repatriation because of expulsion proceedings initiated against their abusiveand violent spouse or partner. In most Council of Europe member states, the residence status of spouses orpartners is connected to that of the sponsor spouse or partner. This means that the victim continues to besubjected to abuse in her or his country of origin, resulting inde factodenial of protection. This is particularlyrelevant in cases where the country of origin has lower prevention, protection and prosecution standards in thefield of violence against women and domestic violence than the host country. The expulsion of such victims notonly has negative implications for their lives, but can also constitute an obstacle to law enforcement authoritiesendeavouring to combat violence against women and domestic violence. As a result, paragraph 2 requiresparties to take appropriate measures to ensure that victims who find themselves in such situations be given thepossibility to obtain the suspension of expulsion proceedings against themselves to apply for a residence statuson humanitarian grounds. Paragraph 2 is applicable to cases where the sponsor spouse or partner is aperpetrator of domestic violence; in these cases, her or his spouse or partner, the victim, will be expelledtogether with the perpetrator. The purpose of this paragraph is to provide protection from expulsion; it does notconstitute a residence permit in itself.307.Paragraph 3 is inspired by Article 14.1 of the Council of Europe Convention on Action against Traffickingin Human Beings (ETS No. 197). The paragraph places the obligation on parties to issue victims of domesticviolence with renewable residence permits under the conditions established by internal law. It lays down tworequirements for issuing a residence permit. First, it covers situations where the victim’s personal circumstancesare such that it would be unreasonable to compel them to leave the national territory (sub-paragrapha).Whether the victim meets the personal situation requirement is to be decided on account of factors such as thevictim’s safety, state of health, family situation, or the situation in their country of origin among others. Second, itestablishes the requirement of co-operation with the competent authorities in cases where investigation orcriminal proceedings have been initiated against the perpetrator (sub-paragraphb).This means that a residencepermit may be granted to the victim if the co-operation and testimony of the victim are necessary in investigationand criminal proceedings. The duration of the residence permit is to be decided by the parties, though theestablished length should be compatible with the provision’s purpose. Moreover, parties to the convention havethe obligation to provide renewable permits. The non-renewal or the withdrawal of a residence permit are subjectto the conditions provided for in the internal law of the party.308.Paragraph 4 covers situations where a victim of forced marriage in possession of a residence permit fora party to the convention is brought into another country resulting in a loss of residence status in the countrywhere he or she habitually resides. In most Council of Europe member states, a residence permit becomesinvalid if the holder leaves the country for more than a stipulated number of consecutive months. However, thiscondition only concerns people who leave the country voluntarily. If victims of forced marriages are taken abroadinvoluntarily and thus overstay the guaranteed or expiry period of time outside the party in which they habituallyreside, their residence status will become invalid. For this reason, this paragraph obliges parties to theconvention to provide for the possibility for such victims to regain their residence status on account of thembeing forced to leave the country where they habitually reside, in particular in the event of the dissolution orannulment of the marriage.309.Finally, it should be noted that Article 78.2 on reservations allows future parties to this convention toreserve the right not to apply or to apply only in specific cases or conditions the provisions laid down in Article59.Article 60 – Gender-based asylum claims310.Asylum law has long failed to address the difference between women and men in terms of why and howthey experience persecution. This gender blindness in the establishment of refugee status and of internationalprotection has resulted in situations where claims of women fleeing from gender-based violence have goneunrecognised. In the past decade, however, developments in international human rights law and standards, aswell as in case law, have led an increasing number of Council of Europe member states to recognise someforms of violence against women as a form of gender-related persecution within the meaning of Article 1A.2 ofthe 1951 Convention relating to the Status of Refugees. There is no doubt that rape and other forms of gender-related violence, such as female genital violence, dowry-related violence, serious domestic violence, ortrafficking, are acts which have been used as forms of persecution, whether perpetrated by state or non-stateactors.311.Although paragraph 1 enshrines what is already being undertaken in practice, the drafters considered itimportant to include the obligation of parties to take the necessary legislative or other measures to ensure thatgender-based violence against women may be recognised as a form of persecution within the meaning of Article

1A.2 and as a form of serious harm. In other words, parties to the convention are required to recognise thatgender-specific violence may amount to persecution, and lead to the granting of refugee status. The recognitionof gender-based violence as a form of persecution within the meaning of Article 1A.2 implies recognising that awoman may be persecuted because of her gender, that is, because of her identity and status as a woman.Parties also have the obligation to ensure that gender-based violence against women may be recognised as aform of serious harm giving rise to complementary/subsidiary protection. This does not imply that all gender-based violence is automatically considered “serious harm”. This means that international protection may begranted to women who are third country nationals or who are stateless and who have not qualified as a refugee,but if returned to their country of origin or where they previously resided would face gender-based violence,which would amount to inhuman or degrading treatment or seriously threaten the life of the individual.Consequently, the right to international protection is not limited to protection under the 1951 Convention, but canalso be derived from other well-established international and regional standards such as the ECHR or theEuropean Union Qualification Directive. At the same time, it is not the intention of this paragraph to overrule theprovisions of the 1951 Convention, in particular with regard to the conditions of granting refugee status imposedby Article 1 of that convention.312.Paragraph 2 complements the obligation laid out in paragraph 1. The obligation contained in thisprovision is twofold. On the one hand, it requires parties to ensure that a gender-sensitive interpretation is givento each of the 1951 Convention grounds. The well-founded fear of persecution must be related to one or more ofthe 1951 Convention grounds. In the examination of the grounds for persecution, gender-based violence is oftenseen to fall within the ground of “membership of a particular social group”, overlooking the other grounds.Ensuring a gender-sensitive interpretation implies recognising and understanding how gender can have animpact on the reasons behind the type of persecution or harm suffered. On the other hand, paragraph 2 requiresparties to allow for the possibility of granting refugee status should it be established that the persecution fearedis for one of these grounds. It is important to note that adopting a gender-sensitive interpretation does not meanthat all women will automatically be entitled to refugee status. What amounts to a well-founded fear ofpersecution will depend on the particular circumstances of each individual case. It is particularly important tonote that the refugee status should be granted “according to the applicable relevant instruments”, that is to say,under the conditions expressly provided by these instruments, such as by Article 1 of the 1951 Convention.313.Regarding persecution on the grounds of race or on the grounds of nationality, women may face certaintypes of persecution that specifically affect them. Examples are sexual violence and control of reproduction incases of racial and ethnic “cleansing”. Concerning persecution on the grounds of religion, women may bepersecuted for not conforming to religious norms and customs of acceptable behaviour. This is particularly truein cases of crimes committed in the name of so-called “honour”, which affect women disproportionately.Persecution on the grounds of membership of a particular social group has increasingly been put forward ingender-related claims and has gradually acquired international support. In considering women fleeing fromgender-related persecution such as female genital mutilation, forced marriage and even serious domesticviolence as forming a “particular social group”, women may be granted asylum. Some women can thus beidentified as a particular group that shares a common innate, unchangeable or otherwise fundamentalcharacteristic other than the common experience of fleeing persecution. Finally, persecution on the ground ofpolitical opinion can include persecution on the grounds of opinions regarding gender roles. Some women maybe persecuted, for example, for not conforming to society’s roles and norms of acceptable behaviour and forspeaking out against traditional gender roles. When taking the necessary measures in order to ensure a gender-sensitive interpretation of the refugee definition, parties may refer to the UNHCR Guidelines on InternationalProtection: Gender-Related Persecution within the context of Article 1A.2 of the 1951 Convention and/or its 1967Protocol relating to the Status of Refugees, May 2002. Additionally, when ensuring that a gender-sensitiveinterpretation is given to each of the convention grounds, parties may, if they wish, extend the interpretation toindividuals who are gay, lesbian, bisexual or transgender, who may also face particular forms of gender-relatedpersecution and violence.314.Paragraph 3 contains several obligations. The first obligation placed on parties is that of developinggender-sensitive reception procedures that take into account women’s and men’s differences in terms ofexperiences and specific protection needs to ensure their right to safety when considering standards oftreatment for the reception of asylum-seekers. Examples of gender-sensitive reception procedures may includethe identification of victims of violence against women as early in the process as possible; the separateaccommodation of single men and women; separate toilet facilities, or, at a minimum, different timetablesestablished and monitored for their use by males and females; rooms that can be locked by their occupants;adequate lighting throughout the reception centre; guard protection, including female guards, trained on thegender-specific needs of residents; training of reception centre staff; code of conduct applying also to privateservice providers; formal arrangements for intervention and protection in instances of gender-based violence;and provision of information to women and girls on gender-based violence and available assistance services.

315.Paragraph 3 also places the obligation to develop support services for asylum-seekers that provideassistance in a gender-sensitive manner and that cater to their particular needs. This could include takingmeasures such as providing additional psychosocial and crisis counselling, as well as medical care for survivorsof trauma since, for example, many female asylum-seekers have been exposed to sexual or other forms ofabuse and are therefore particularly vulnerable. Support services should also aim to empower women andenable them to actively rebuild their lives.316.Developing and implementing gender guidelines is essential for the relevant actors to understand howthey can include gender-sensitive elements into their policies and practice. Guidelines provide an essentialreference point in order to enhance awareness of special protection needs for women asylum-seekers who havebeen victims or are at risk of gender-based violence. Parties must, however, bear in mind that in order to ensuretheir success, specific measures should be taken to ensure that such guidelines are implemented. Guidelinesshould cover the enhancement of awareness and responsiveness to cultural and religious sensitivities orpersonal factors as well as the recognition of trauma.317.In order to properly examine asylum claims by women and girls who are victims of gender-basedviolence, paragraph 3 entails the obligation to develop gender-sensitive asylum procedures, which includeprocedures governing refugee status determination and application for international protection (see alsoparagraph 312in fine).It encompasses,inter alia,the provision to women of information on asylum procedures;the opportunity for women dependants to have a personal interview separately and without the presence offamily members; the opportunity for women to raise independent needs for protection and gender-specificgrounds leading to a separate application for international protection; the elaboration of gender guidelines on theadjudication of asylum claims, and training. It also encompasses gender-sensitive interviews led by aninterviewer, and assisted by an interpreter when necessary; the possibility for the applicant to express apreference for the sex of their interviewer and interpreter which the parties will accommodate where it isreasonable to do so; and the respect of confidentiality of the information gathered through interviews. For furtherguidance, parties may refer to the work of the Parliamentary Assembly in this field, and in particular toResolution 1765 (2010) and Recommendation 1940 (2010) on gender-related claims for asylum.318.In the previous four paragraphs of this section, a list has been detailed of possible measures that partiesmay take when implementing the provisions laid out in paragraph 3. The reason for this is that the drafterswished to include in the Explanatory Report some examples of good practices which have already beendeveloped in several states. However, it should be noted that paragraph 3 leaves each party the choice of whichgender-sensitive procedures, guidelines and support services are to be developed.Article 61 –Non-refoulement319.Enshrined in Article 33 of the 1951 Convention relating to the Status of Refugees, the principle ofnon-refoulementconstitutes a pillar of asylum and international refugee protection and has acquired the status ofcustomary international law. This means that the principle applies to all states, irrespective of whether or notthey are bound by the 1951 Convention.320.The principle ofnon-refoulementis of particular relevance to asylum-seekers and refugees. According tothis principle, subject to certain exceptions and limitations as laid down in the 1951 Convention, states shall notexpel or return an asylum seeker or refugee to any country where their life or freedom would be threatened.Article 3 of the ECHR also prevents a person being returned to a place where they would be at real risk of beingsubjected to torture or inhuman or degrading treatment or punishment. Expelling or returning a person topersecution contravenes the commitment of the international community to ensure the enjoyment of humanrights of all persons. Thenon-refoulementprinciple also includes not prohibiting access to the territory of acountry to asylum-seekers who have arrived at its borders or who are prevented to access its borders.321.The protection against refoulement applies to any person who is a refugee under the terms of the 1951Convention. It also applies to asylum-seekers whose status has not formally been determined and who may besubjected to persecution if returned to their country of origin or of habitual residence. Paragraph 1 entails theobligation under international law for states to respect the principle ofnon-refoulementin relation to victims ofgender-based violence who may fear persecution if returned.322.Paragraph 2 confirms that the obligation to respect thenon-refoulementprinciple applies equally tovictims of violence against women who are in need of protection, thus complementing the first paragraph. Morespecifically, paragraph 2 reiterates the obligation for parties to take the necessary legal or other measures toensure that victims of violence against women and in need of protection shall not be returned under anycircumstances if there were a real risk, as a result, of arbitrary deprivation of life or torture or inhuman ordegrading treatment or punishment. It is important to ensure that these obligations are complied with irrespective

Chapter VIII – International co-operation323.Chapter VIII sets out the provisions on international co-operation between parties to the convention. Theprovisions are not confined to judicial co-operation in criminal and civil matters but are also concerned with co-operation in preventing all forms of violence covered by the scope of this convention and assisting victims of thatviolence.324.As regards judicial co-operation in general and more specifically in the criminal sphere, the Council ofEurope already has a substantial body of standard-setting instruments. Mention should be made here of theEuropean Convention on Extradition (ETS No. 24), the European Convention on Mutual Assistance in CriminalMatters (ETS No. 30), their Additional Protocols (ETS Nos. 86, 98, 99 and 182), European Convention on theInternational Validity of Criminal Judgments (ETS No. 70), the Convention on Laundering, Search, Seizure andConfiscation of the Proceeds from Crime (ETS No. 141) and the Council of Europe Convention on Laundering,Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (ETS No. 198).These treaties are cross-sector instruments applying to a large number of offences, and can be implemented topermit judicial co-operation in criminal matters in the framework of procedures aimed at the offences establishedin the convention. As all member states of the Council of Europe are Parties to the European Convention onExtradition and the European Convention on Mutual Legal Assistance, drafters are generally advised not toreproduce provisions on mutual legal assistance and extradition in specialised instruments, but to include theaforementioned general provision and otherwise refer to the horizontal instruments in the explanatorymemorandum accompanying the convention being drafted.325.For this reason, the drafters opted not to reproduce, in this convention, provisions similar to thoseincluded in cross-sectoral instruments such as those mentioned above. For instance, they did not want tointroduce separate mutual assistance arrangements that would replace the other instruments and arrangementsapplicable, on the grounds that it would be more effective to rely, as a general rule, on the arrangementsintroduced by the mutual assistance and extradition treaties in force, with which practitioners were fully familiar.This chapter therefore includes only provisions that add something over and above the existing conventions.Article 62 – General principles326.Article 62 sets out the general principles that should govern international co-operation.

327.First of all, it obliges the parties to co-operate widely with one another and in particular to reduce, as faras possible, the obstacles to the rapid circulation of information and evidence.328.Article 62 then makes it clear that the obligation to co-operate is general in scope: it covers preventing,combating and prosecuting all forms of violence covered by the scope of this convention (sub-paragrapha),protecting and providing assistance to victims (sub-paragraphb),investigations or procedures concerningcriminal offences established in accordance with the convention (sub-paragraphc)and enforcement of relevantof civil and criminal judgments issued by parties (sub-paragraphd).329.Paragraph 2 is based on Articles 11.2 and 11.3 of the Council of the European Union FrameworkDecision of 15 March 2001 on the standing of victims in criminal proceedings. It is designed to make it easier forvictims to file a complaint by enabling them to lodge it with the competent authorities of the state of residence.330.These authorities may then either initiate proceedings if their law permits, or pass on the complaint tothe authorities of the state in which the offence was committed, in accordance with the relevant provisions of theco-operation instruments applicable to the states in question.331.Paragraph 3 authorises a party that makes mutual assistance in criminal matters, extradition orenforcement of civil and criminal judgments conditional on the existence of a treaty to consider the conventionas the legal basis for judicial co-operation with a party with which it has not concluded such a treaty. Thisprovision, which serves no purpose between Council of Europe member states as regards mutual assistance incriminal matters and extradition because of the existence of the European Conventions on Extradition and onMutual Assistance in Criminal Matters, dating from 1957 and 1959 respectively, and the Protocols thereto, is ofinterest because of the possibility provided to third states to accede to the convention.332.Lastly, under paragraph 4, the parties must endeavour to include preventing and combating violenceagainst women and domestic violence in development assistance programmes benefiting third states. ManyCouncil of Europe member states carry out such programmes, which cover such varied areas as the restorationor consolidation of the rule of law, the development of judicial institutions, combating crime, and technicalassistance with the implementation of international conventions. Some of these programmes may be carried out

in countries faced with substantial violence against women and domestic violence. It seems appropriate, in thiscontext, that action programmes should take account of and duly incorporate issues relating mainly to theprevention of these forms of crimes, including with a view to facilitating the protection of victims in accordancewith Article 18.5.Article 63 – Measures relating to persons at risk333.The main objective pursued by this provision is again to encourage parties to this convention to enhancethe exchange of information and, in addition in this specific case, to prevent certain acts of violence againstwomen and domestic violence related to a number of offences established by this convention from happening.Some of the forms of violence covered by the scope of this convention may have a transnational dimension. Forthis reason, the drafters identified some of the offences established in this convention, such as forced marriageor female genital mutilation, and established the principle according to which a party that is in possession ofinformation providing reasonable evidence that a person is at immediate risk of being subject to any of the actsof violence referred to should transmit this information to the party where these acts of violence could happen.The information needs to be based on “reasonable grounds” that an immediate risk exists. The drafters did notconsider it necessary to elaborate in the convention criteria on what constitutes reasonable grounds. It istherefore left to the parties to establish, according to the information collected on a case-by-case basis, when toshare this information in order to prevent such acts of violence. This information includes details on protectionorders taken for the benefit of the persons at risk.Article 64 – Information334.Article 64 substantiates a principle already present in the international co-operation field, and inparticular in the criminal field, which provides for an efficient and timely exchange of information between statesin order to either prevent a possible offence as established in accordance with this convention, to initiateinvestigation on such an offence or to prosecute a perpetrator. In particular, paragraph 1 requires the requestedparty to communicate to the requesting party the outcome of any action undertaken. Paragraph 2 leaves to eachparty the choice (the wording used, “may”, clearly does not make this action compulsory) whether or not toforward to another party information related to its own investigations. This may be done “without prior request”by the other party.335.Similarly, paragraph 3 establishes the principle according to which when a party receives information(which concerns in general a central administrative authority dealing with international co-operation in criminalmatters), this party shall submit that information to the relevant authorities which, according to its internal law,are competent to deal with this information. In general, the relevant authorities are, for instance, the police,prosecution service or judge. The relevant authorities will then consider whether or not that information isappropriate for their investigations or judicial proceedings. It is important to note that the exchange of informationrequired under this provision is not limited to criminal investigations or proceedings but extends to civil lawaction, including protection orders.Article 65 – Data protection336.This provision refers to the question of personal data regarding all forms of violence covered by thescope of this convention. Because of the possible dangers to individuals, in particular to victims, if dataconcerning them were to circulate without any safeguards or checks, Article 65 specifically refers to theConvention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108)as regards the storing and usage of data. The article states that this provision applies pursuant to the obligationsundertaken by the parties under the above-mentioned convention. However, this does not prevent parties thatare not Parties under Convention No. 108 from ratifying this convention. Convention No. 108 provides, inparticular, that personal data are to be stored only for specified lawful purposes and are not to be used in anyway incompatible with those purposes. It also provides that such data are not to be stored in any form allowingidentification of the data subject or for any longer than is necessary for the purposes for which the data arerecorded and stored. Convention No. 108 likewise makes it compulsory to take appropriate security measurespreventing unauthorised access to and alteration or disclosure of data.

Chapter IX – Monitoring mechanism337.Chapter IX of the convention contains provisions which aim to ensure the effective implementation of theconvention by the parties. In its interim report, the CAHVIO stated that “the Committee is of the opinion that astrong and independent monitoring mechanism is of utmost importance to ensure that an adequate response tothis problem is given in all parties to the convention.” Consequently, the drafters considered that the monitoringsystem foreseen by the convention should be one of its strengths. The monitoring mechanism is designed tocover the scope of this convention. The convention sets up a Group of Experts on action against violenceagainst women and domestic violence (hereafter “GREVIO”) which is an expert body, composed of independentand highly qualified experts in the fields of human rights, gender equality, violence against women and domesticviolence, criminal law and in assistance to and protection of victims of violence against women and domesticviolence, with the task of “monitoring the implementation of this Convention by the Parties”. The convention alsoestablishes a Committee of the Parties, composed of the representatives of the parties to the convention.Article 66 – Group of experts on action against violence against women and domestic violence(GREVIO)338.As indicated above, GREVIO is in charge of monitoring the implementation of the convention by theparties. It shall have a minimum of 10 and a maximum of 15 members.339.Paragraph 2 of this article stresses the need to ensure geographical and gender balance, as well as amultidisciplinary expertise, when electing GREVIO’s members, who shall be nationals of parties to theconvention. Candidates to the GREVIO are nominated by the parties and elected by the Committee of theParties.340.Paragraph 3 establishes criteria of election of GREVIO’s members in relation to the number ofratifications of the convention.341.Paragraph 4 underlines the main competences of the experts sitting in GREVIO, as well as the maincriteria for their election, which can be summarised as follows: “independence and expertise”. In particular,members of GREVIO should represent relevant actors and agencies working in the field of violence againstwomen and domestic violence. If nominated by the parties, this may include, for instance, NGO representatives.342.Paragraph 5 indicates that the procedure for the election of the members of GREVIO (but not theelection of the members itself) shall be determined by the Committee of Ministers. This is understandable as theelection procedure is an important part of the application of the convention. Being a Council of Europeconvention, the drafters felt that such a function should still rest with the Committee of Ministers and the partiesthemselves will then be in charge of electing the members of GREVIO. Before deciding on the electionprocedure, the Committee of Ministers shall consult with and obtain the unanimous consent of all parties. Such arequirement recognises that all parties to the convention should be able to determine such a procedure and areon an equal footing.343.Paragraph 6 states that GREVIO establishes its own rules of procedure.

344.The purpose of paragraph 7 is to allow all members of country visit delegations provided for in Articles68.9 and 68.14 to be on an equal footing and benefit from the same privileges and immunities. The GeneralAgreement on Privileges and Immunities of the Council of Europe is open to member states only. However, theconvention is also open to non-member states. With regard to other Council of Europe conventions providing forcountry visits, the usual procedure is for the Committee of Ministers to ask for a bilateral agreement to be signedby non-member states, resulting in a lengthy process that can delay their accession to a convention. For thisreason, and as a precautionary step for the future, this provision is directly included in the body of theconvention to avoid lengthy procedures in order to negotiate bilateral agreements with non-member states.Article 67 – Committee of the Parties345.Article 67 sets up the other pillar of this monitoring system, which is the political body (“Committee of theParties”), composed as indicated above.346.The Committee of the Parties will be convened for the first time by the Secretary General of the Councilof Europe, within a year of the entry into force of the convention, in order to elect the members of GREVIO. It willthen meet at the request of a third of the parties, of the Secretary General of the Council of Europe or of thePresident of GREVIO.

Article 68 – Procedure349.Article 68 details the functioning of the monitoring procedure and the interaction between GREVIO andthe Committee of the Parties.350.Paragraphs 1 and 2 establish that GREVIO should consider a report on general legislative and othermeasures undertaken by each party to give effect to the provisions of this convention with the representatives ofthe party concerned. This report is submitted by the party and it is based on a questionnaire developed byGREVIO. The idea is to have a baseline of legislative and other measures the parties have in place, whenacceding to the convention, with regard to the concrete and general implementation of the convention.351.Paragraph 3 makes it clear that the evaluation procedure following the first report and assessment asindicated in paragraphs 1 and 2 is divided into rounds and that GREVIO will select the provisions the monitoringwill concentrate on. The idea is that GREVIO will autonomously define, at the beginning of each round, theprovisions for the monitoring procedure during the period concerned.352.Paragraph 4 states that GREVIO will determine the most appropriate means to carry out the evaluation.This may include a questionnaire or any other request for information. The term “questionnaire” refers to a set ofwritten questions or guidelines to gain information of a qualitative and quantitative nature on measures taken inimplementation of the convention. It goes beyond the collection of statistical/numeric data which the monitoringframework on the implementation of Recommendation Rec(2002)5 on the protection of women against violenceassured. Moreover, this paragraph makes it clear that the party concerned must respond to GREVIO’s requests.Parties to the convention should not be required to answer on the implementation of RecommendationRec(2002)5.353.Paragraph 5 establishes the important principle that GREVIO may receive information from NGOs andcivil society as well as national institutions for the protection of human rights.354.Paragraphs 6, 7 and 8 introduce the principle that GREVIO should make the best possible use of anyexisting source of information. That is also in order to avoid unnecessary duplication of work and activitiesalready carried out in other instances.355.Paragraph 9 underlines that, subsidiarily, GREVIO may organise country visits. The drafters wanted tomake it clear that country visits should be a subsidiary means of monitoring and that they should be carried outonly when necessary, in two specific cases: 1) if the information gained is insufficient and there are no otherfeasible ways of reliably gaining the information or 2) if GREVIO receives reliable information indicating asituation where problems require immediate attention to prevent or limit the scale or number of serious violationsof the convention. These country visits must be organised in co-operation with the competent authorities of theparty concerned, meaning that they are established in advance and that dates are fixed in co-operation withnational authorities which are notified in due time.356.Paragraphs 10 and 11 describe the drafting phase of both the report and the conclusions of GREVIO.From these provisions, it appears clear that GREVIO has to carry out a dialogue with the party concerned whenpreparing the report and the conclusions. It is through such a dialogue that the provisions of the convention willbe properly implemented. GREVIO will publish its report and conclusions, together with any comments by theparty concerned. This completes the task of GREVIO with respect to that party and the provisions concerned.The reports and conclusions of GREVIO, which will be made public as from their adoption, cannot be changedor modified by the Committee of the Parties.357.Paragraph 12 deals with the role of the Committee of the Parties in the monitoring procedure. Itindicates that the Committee of the Parties may adopt recommendations indicating the measures to be taken bythe party concerned to implement GREVIO’s conclusions, if necessary setting a date for submitting informationon their implementation, and promoting co-operation to ensure the proper implementation of the convention.This mechanism will ensure the respect of the independence of GREVIO in its monitoring function, whileintroducing a “political” dimension to the dialogue between the parties.

358.Paragraphs 13, 14 and 15 provide for a special procedure according to which GREVIO is entitled torequest the submission of a report by the party concerned related to measures taken by that party to prevent aserious, massive or persistent pattern of any of the acts of violence covered by the convention. The condition forrequesting a special report is that GREVIO “receives reliable information indicating a situation where problemsrequire immediate attention to prevent or limit the scale or number of serious violations of the Convention”. Onthe basis of the information received (by the party concerned and by any other source of information), GREVIOmay designate one or more of its members to conduct an inquiry and to report urgently to GREVIO. In veryexceptional cases, this inquiry could also include a visit to the country concerned. The main role of the appointed“rapporteur(s)” should be collecting all necessary information and ascertaining the facts in relation to the specificsituation. The rules of procedure of GREVIO will establish the details of the functioning of this “inquiryprocedure”. However, the main objective is to allow GREVIO to have a more precise explanation andunderstanding of situations where, according to reliable information, a considerable number of victims of thesame acts of violence are involved. The findings of the inquiry shall be transmitted to the party concerned and,where appropriate, to the Committee of the Parties and the Committee of Ministers of the Council of Europetogether with any comments and recommendations.Article 69 -– General recommendations359.Drawing inspiration from Article 2.1 of CEDAW, this article provides for the possibility of GREVIO toadopt, where appropriate, general recommendations on the implementation of this convention. Generalrecommendations have a common meaning for all parties and concern articles or themes that are included inthis convention. They are not country-specific. Although these general recommendations are not legally binding,they serve as an important reference for parties by developing a greater understanding of the different themes inthe convention and offering clear guidance that can contribute to an effective implementation of the provisionscontained in the convention. These recommendations should also be part of future monitoring rounds.Article 70 – Parliamentary involvement in monitoring360.This provision sets out the role of national parliaments in monitoring the implementation of thisconvention. In paragraphs 1 and 2, it contains the obligation of parties to the convention to invite nationalparliaments to participate in the monitoring (paragraph 1) and to submit the reports of GREVIO to them forconsultation (paragraph 2). The drafters emphasised the important role which national parliaments take on inimplementing the convention, which, in many cases, requires legislative changes. As a result, they considered itessential to involve national parliaments in assessing the implementation of the convention.361.Paragraph 3 of this provision specifies the involvement of the Parliamentary Assembly of the Council ofEurope in the monitoring of measures taken by parties in the implementation of this convention. The firstprovision of this kind in a Council of Europe convention, it states that the Parliamentary Assembly shall beinvited to regularly take stock of the implementation of the convention. With this provision, the drafters wished torecognise the important role which the Parliamentary Assembly played in placing the issue of violence againstwomen on the political agenda both of the Council of Europe and of its member states. Following the Assembly’slong-standing commitment to this issue and the high number of recommendations adopted in this field, theAssembly’s participation in the monitoring of this convention significantly enhances its results.

363.In accordance with the 1969 Vienna Convention on the Law of Treaties, Article 71 seeks to ensure thatthe convention harmoniously coexists with other treaties – whether multilateral or bilateral – or instrumentsdealing with matters which the convention also covers. This includes, for instance, the European Convention forthe Protection of Human Rights and Fundamental Freedoms and its Protocols, the European Social Charter(revised, ETS No. 163), the Council of Europe Convention on Action against Trafficking in Human Beings(CETS No. 197), the United Nations Convention on the Elimination of All Forms of Discrimination AgainstWomen and its Optional Protocol, the Convention on the Rights of the Child and its Optional Protocols on theinvolvement of children in armed conflict, and on the sale of children, child prostitution and child pornography,the International Convention on the Elimination of All Forms of Racial Discrimination and its Optional Protocol,the 1951 Convention relating to the Status of Refugees and its Optional Protocol and the United NationsConvention on the Rights of Persons with Disabilities.364.This convention is designed to strengthen the protection and ensure the support for victims of violenceagainst women and domestic violence. For this reason, Article 71.1 aims to ensure that this convention does notprejudice the obligations derived from other international instruments to which the parties to this convention arealso parties or will become parties, and which contain provisions on matters governed by this convention. Thisprovision clearly shows, once more, the overall aim of this convention, which is to protect the rights of victims ofviolence against women and domestic violence and to assure them of the highest level of protection.365.Article 71.2 states positively that parties may conclude bilateral or multilateral agreements – or any otherlegal instrument – relating to the matters which the convention governs. However, the wording makes clear thatparties are not allowed to conclude any agreement which derogates from this convention.

Chapter XII – Final clauses368.With some exceptions, the provisions in this chapter are essentially based on the Model Final Clausesfor Conventions and Agreements concluded within the Council of Europe, which the Committee of Ministersapproved at the Deputies’ 315th meeting in February 1980. Articles 73 to 81 either use the standard language ofthe model clauses or are based on long-standing treaty-making practice at the Council of Europe.Article 73 – Effects of this convention369.Article 73 safeguards those provisions of internal law and binding international instruments whichprovide additional protection to persons against violence against women and domestic violence; this conventionshall not be interpreted so as to restrict such protection. The phrase "more favourable rights" refers to thepossibility of putting a person in a more favourable position than provided for under the convention.Article 74 – Dispute settlement370.The drafters considered it important to include in the text of the convention an article on disputesettlement, which imposes an obligation on the parties to seek first of all a peaceful settlement of any disputeconcerning the application or the interpretation of the convention.371.The various types of peaceful settlement mentioned in the first paragraph of this article (negotiation,conciliation and arbitration) are commonly recognised under international law. These methods of settlement arenot cumulative, so that parties are not obliged to exhaust all of them before having recourse to other methods ofpeaceful settlement. Any procedure for solving disputes shall be agreed upon by the parties concerned.372.Paragraph 2 provides that the Committee of Ministers of the Council of Europe may establish a non-judicial procedure which parties could use if a dispute arises in relation to the application or the interpretation ofthe convention. The drafters chose not to refer to judicial procedures such as the one governing the InternationalCourt of Justice, since several states having participated in the elaboration of this convention had not acceptedthe mandatory competence of this judicial body and did not wish to do so concerning this specific convention.However, this article does not preclude parties in dispute from submitting their case to the International Court ofJustice if they should so agree.Article 75 – Signature and entry into force373.Paragraph 1 states that the convention is open for signature not only by Council of Europe memberstates but also the European Union and states not members of the Council of Europe (Canada, the Holy See,Japan, Mexico and the United States) which took part in drawing it up. Once the convention enters into force, inaccordance with paragraph 3, other non-member states not covered by this provision may be invited to accedeto the convention in accordance with Article 76.1.374.Paragraph 2 states that the Secretary General of the Council of Europe is the depositary of theinstruments of ratification, acceptance or approval of this convention.375.Paragraph 3 sets the number of ratifications, acceptances or approvals required for the convention’sentry into force at 10. This figure reflects the belief that a significant group of states is needed to successfully setabout addressing the challenge of preventing and combating violence against women and domestic violence.The number is not so high, however, as to unnecessarily delay the convention’s entry into force. In accordancewith the treaty-making practice of the Organisation, of the 10 initial states, at least eight must be Council ofEurope members.Article 76 – Accession to the convention376.After consulting the parties and obtaining their unanimous consent, the Committee of Ministers mayinvite any state not a Council of Europe member which did not participate in drawing up the convention toaccede to it. This decision requires the two-thirds majority provided for in Article 20.d of the Statute of theCouncil of Europe and the unanimous vote of the parties to this convention.Article 77 – Territorial application377.Paragraph 1 specifies the territories to which the convention applies. Here it should be pointed out that itwould be incompatible with the object and purpose of the convention for parties to exclude parts of their territory

from application of the convention without valid reason (such as the existence of different legal systems applyingin matters dealt with in the convention).378.Paragraph 2 is concerned with extension of application of the convention to territories for whoseinternational relations the parties are responsible or on whose behalf they are authorised to give undertakings.379.In respect of this particular convention and without prejudice to the provisions in Article 44, thisconvention does not create any extra-territorial obligations.Article 78 – Reservations380.Article 78 specifies that no reservation may be made in relation to any provision of this convention, withthe exceptions provided for in paragraphs 2 and 3 of this article. The declarations of reservation made pursuantto paragraphs 2 and 3 should explain the reasons why a reservation was sought by a party.381.The articles listed in paragraph 2 of this article are provisions for which unanimous agreement was notreached among the drafters despite the efforts achieved in favour of compromise. These reservations aim toenable the largest possible ratification of the convention, whilst permitting parties to preserve some of theirfundamental legal concepts. The provisions concerned are the following: Article 30.2 (state compensation);Articles 44.1.e, 44.3 and 44.4 (jurisdiction); Article 55.1 (exparteandex officioproceedings); Article 58 (statuteof limitation); Article 59 (residence status). It should be noted that the possibility of reservation has been furtherrestricted regarding Articles 55 and 58, since reservations to Article 55.1 are permissible only in respect ofArticle 35 regarding minor offences, in the same way as reservations to Article 58 are permissible only in respectof Articles 37, 38 and 39.382.Paragraph 3 provides for a specific form of reservation in relation to Articles 33 (psychological violence)and 34 (stalking). Parties may reserve the right to provide for non-criminal sanctions, instead of the criminalsanctions, for the behaviours referred to in these articles. Consequently, this possibility of reservation does notapply to the articles mentioned as a whole, but only to the way they may be implemented by the parties at thenational level.383.Paragraph 4, by making it possible to withdraw reservations at any time, aims to reduce futuredivergences between legislations which have incorporated the provisions of this convention.Article 79 – Validity and review of reservations384.Reservations are exceptions to the uniform implementation of the standards provided for by theconvention. Therefore, the drafters considered it appropriate to provide for a periodic review of the reservationsin order to encourage parties to lift them or to indicate the reasons for maintaining them. Pursuant toparagraph 1, reservations referred to in Articles 78.2 and 3 have a limited validity of five years. This duration wassettled in order to strike a balance between, on the one hand, the objective of progressive elimination of existingreservations with the need, on the other hand, to ensure that parties have sufficient time to re-examine theirreservations at the national level. After this deadline, reservations will lapse unless they are expressly renewed.In any event, it is necessary for parties to inform the Secretary General of the Council of Europe of theirintentions regarding existing reservations.385.Paragraph 2 contains a procedure for the automatic lapsing of non-renewed reservations. Finally,pursuant to Article 79.3, parties shall provide GREVIO, before its renewal or upon request, with an explanationgiving the grounds justifying the continuation of a reservation. In cases of renewal of a reservation, there shall beno need for a prior request by GREVIO. In all cases GREVIO will have the possibility of examining theexplanations provided by the party to justify the continuance of its reservations.Article 80 – Denunciation386.In accordance with the United Nations Vienna Convention on the Law of Treaties, Article 80 allows anyparty to denounce the convention.Article 81 – Notification387.Article 81 lists the notifications that, as the depositary of the convention, the Secretary General of theCouncil of Europe is required to make, and it also designates the recipients of these notifications (states and theEuropean Union).