Reservations/Declarations under the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) and Convention on the Elimination of All Forms of Discrimination against Women (cedaw) in Light of Sex/Gender Constitutional Debates

2019 ◽  
Vol 8 (2) ◽  
pp. 188-214
Author(s):  
Ciarán Burke ◽  
Alexandra Molitorisová
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Monitoring And Evaluation ◽  
Quality Monitoring ◽  
Council Of Europe ◽  
Legal Advice ◽  
Advantages And Disadvantages ◽  
Istanbul Convention ◽  
The Eu

The decisions of the governments of Slovakia, Bulgaria and Latvia not to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) caused a turmoil within the Council of Europe system. This article first examines the respective rationales provided to justify the states’ decisions not to ratify the Convention. Against the background of the Bulgarian Constitutional Court’s recent decision, legal advice provided to the governments of Slovakia and Latvia and various public announcements, the present article examines legal, cultural, linguistic and societal arguments put forward by the respective governments against ratification. It then revisits the interpretative declarations submitted by Poland, Lithuania, Croatia and Latvia against the Convention’s narrow reservation regime. The article then compares the situation ignited by the Istanbul Convention with the reservation regime under the Convention on the Elimination of All Forms of Discrimination against Women (cedaw) and the so-called Sharia reservations. It highlights the interconnectedness of the two treaties as well as their differences, while shedding light on the treaties’ reservations/declarations regimes. In so doing, a discussion is offered of the advantages and disadvantages of wider and narrower reservation regimes in treaties pertaining to the rights of women. The article concludes by pointing to the implications for the validity and effectiveness of the interpretative declarations submitted by the EU countries in question if the Istanbul Convention and cedaw are not treaties in conflict, and if the declarations are manifestly unfounded. The article also places emphasis on the role of grevio and the cedaw Committee to combat potential withdrawal tendencies via high-quality monitoring and evaluation output.

scholarly journals On the Bride’s side? Victims of domestic violence and their residence rights under EU and Council of Europe Law

2019 ◽  
Vol 37 (4) ◽  
pp. 311-335
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Migrant Women ◽  
Eu Law ◽  
Council Of Europe ◽  
Abusive Relationship ◽  
Victims Of Violence ◽  
Istanbul Convention ◽  
The Eu

Migrant women victims of domestic violence might face a stark choice between leaving an abusive relationship and tolerating the abuses so that they can preserve their residence rights in the host country. EU law suffers from some major limitations in addressing this situation. In view of the EU ratification of the Council of Europe Convention on Preventing and Combating Violence against Women (‘the Istanbul Convention’), will the EU be required to take new measures in light of the demands imposed by Article 59 of the Istanbul Convention that addresses the residence rights of migrant women victims of violence? By clarifying these demands and juxtaposing them with the relevant EU law standards, this article shows the divergences and convergences between the two regional European legal orders. It also forwards concrete suggestions as to which EU rules might need to be modified.

scholarly journals COMBATTING OR ENABLING DOMESTIC VIOLENCE? EVALUATING THE RESIDENCE RIGHTS OF MIGRANT VICTIMS OF DOMESTIC VIOLENCE IN EUROPE

2020 ◽  
Vol 69 (4) ◽  
pp. 1013-1034
Author(s):  
Catherine Briddick
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Gender Inequality ◽  
European Parliament ◽  
Eu Law ◽  
Council Of Europe ◽  
Eu Accession ◽  
Home Department ◽  
Istanbul Convention ◽  
The Eu

AbstractThe treatment of third-country nationals (TCNs) under EU law falls far short of the EU's commitments to eliminate gender inequality and to ‘combat all kinds of domestic violence’. Not only does Article 13(2)(c) of the EU Citizens’ Directive, as interpreted by the CJEU in Secretary of State for the Home Department v NA, fail to ‘safeguard’ the rights of TCNs, it may also enable domestic violence. When presented with an opportunity to remedy its disadvantageous treatment of TCNs by fully ratifying the Council of Europe Convention on Preventing and Combatting Violence Against Women and Domestic Violence (the Istanbul Convention), the Council of the EU chose instead to pursue a selective and partial ratification which leaves TCN victims without recourse to the very provisions designed to assist them. The European Parliament stated that it ‘regrets’ this approach, recommending instead ‘a broad EU accession … without any limitations’. This article's analysis of the EU Citizens’ Directive and Istanbul Convention supports this recommendation.

Häusliche Gewalt und Corona-Pandemie in Deutschland

2021 ◽  
Vol 70 (5-6) ◽  
pp. 357-378
Author(s):  
Jana Hertwig
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Häusliche Gewalt ◽  
Council Of Europe ◽  
Legal Requirements ◽  
Reference Framework ◽  
The Face ◽  
Women And Children ◽  
Legal Guidelines ◽  
Istanbul Convention

Noch gibt es keine verlässlichen Zahlen. Es zeichnet sich jedoch ab, dass die mit der Corona-Pandemie verbundenen strikten Ausgangsbeschränkungen auch in Deutschland zu einem Anstieg häuslicher Gewalt geführt haben. In dem Beitrag wird untersucht, an welchen rechtlichen Vorgaben sich der Staat orientieren muss, um einen vorläufigen Gewaltschutz für Frauen und Kinder im weiteren Verlauf der Pandemie zu gewährleisten. Als rechtlicher Bezugsrahmen gilt das Übereinkommen des Europarats zur Verhütung und Bekämpfung von Gewalt gegen Frauen und häuslicher Gewalt (Istanbul-Konvention), zu deren Umsetzung sich Deutschland mit der Ratifikation im Jahr 2018 verpflichtet hat. Im Blickpunkt stehen Maßnahmen in den Bereichen Prävention, Schutz und Unterstützung. Abstract: Domestic Violence and Corona Pandemic in Germany. Legal Requirements for Immediate Protection Against Violence for Women and Children in the Face of the Istanbul Convention There are still no reliable figures. It is becoming apparent, however, that the strict restrictions on staying home associated with the Corona pandemic have led to an increase in domestic violence in Germany as well. This article examines the legal guidelines that the state must follow to provide immediate protection against violence for women and children in the further course of the pandemic. The legal reference framework is The Council of Europe Convention on the prevention and combating of violence against women and domestic violence (Istanbul Convention), which Germany has committed itself to implementing by ratifying it in 2018. The focus is on measures in the areas of prevention, protection and support.

The Violence against Women and Domestic Violence and the right to liberty and security of person

2021 ◽  
Vol 8 (2) ◽  
pp. 33-38
Author(s):  
Ariana Qosaj Mustafa ◽  
Bistra Netkova
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Physical Violence ◽  
Council Of Europe ◽  
State Obligations ◽  
International Obligations ◽  
Scope Of Application ◽  
Victims Of Violence ◽  
The Right ◽  
Istanbul Convention

International human rights instruments specifically dealing with protection of women from violence, include the UN Convention on Elimination of All Forms of Discrimination against Women (CEDAW) and the Council of Europe Convention on protection from violence against women and domestic violence (Istanbul Convention), provide enhanced protection for women from all forms of mental and physical violence and maltreatment. These conventions pose international obligations to state parties to protect the rights of women that are victims of violence including the right to security of person. With respect to violence against women, the article analyses the scope of application of the right to liberty and security of person, by discussing also the possibility of the use of the right of security of persons to the action of other individuals with respect to violence against women, in particularly the state obligations related to domestic violence.

scholarly journals The impact of international treaties on the shape of national criminal law on the basis of Article 48 1 of the Istanbul Convention

2019 ◽  
Vol 52 ◽  
pp. 37-54
Author(s):  
Dominika Bek ◽  
Olga Sitarz
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
International Treaties ◽  
Council Of Europe ◽  
Resolution Processes ◽  
Forms Of Violence ◽  
The Impact ◽  
Istanbul Convention

The Council of Europe Convention on preventing and combating violence against women and domestic violence has been ratified by 29 countries, including Poland. Among other things, pursuant to art. 48, Parties shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes, including mediation and conciliation, in relation to all forms of violence covered by the scope of this Convention. It is regulation that will provide a clear illustration of the reasons which render the implementation difficult or even impossible. Considerations set out in this paper will focus on three basic aspects — the ambiguity of the wording of art. 48 1, discrepancy between the legal text and its official substantiation, as well as the commanding and peremptory tone of its language.

scholarly journals New criminal law responses of the Republic of Serbia to violence against women

Temida ◽  
2019 ◽  
Vol 22 (2) ◽  
pp. 169-187
Author(s):  
Sladjana Jovanovic
Keyword(s):  
Domestic Violence ◽  
Violence Against Women ◽  
Legal Framework ◽  
Council Of Europe ◽  
Penal Policy ◽  
Judicial Practice ◽  
The Subject ◽  
The Republic ◽  
Criminal Legislation ◽  
The Eu

The Republic of Serbia, within the framework of (intolerably) frequent amendments to the criminal legislation (often rooted in populist demands), has also improved its response to violence against women, which is the subject of this paper. In the first place, new criminal offences have been analyzed, as well as the more severe legislative penal policy, the main features of the Law on the Prevention of Domestic Violence, and the link between the legal framework and the judicial practice, in order to point out the existing shortcomings. The author concludes that changes in approaches are most often explained as necessity due to European integration, and harmonization with the EU law (in the field of protection of women from violence, for which the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence is of particular importance), so there is an impression that the changes are more formal, declarative and not well-thought-out.

scholarly journals Roggeband, C. & Krizsán, A. (2021) Politicizing gender and democracy in the context of the Istanbul Convention. Palgrave MacMillan

Intersections ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 177-179
Author(s):  
Lynda Gilby
Keyword(s):  
Domestic Violence ◽  
European Union ◽  
Social Movements ◽  
Gender Equality ◽  
Violence Against Women ◽  
Focal Point ◽  
Policy Instruments ◽  
The European Union ◽  
Council Of Europe ◽  
Istanbul Convention

The Council of Europe Convention on Violence Against Women and Domestic Violence, commonly referred to as ‘the Istanbul Convention,’ came into force in 2014, and is one of the most extensive legal and policy instruments on tackling violence against women (p. 2). However, opposition to the Istanbul Convention has become a focal point of broader opposition to gender equality in the European Union. This book explores the emergence and dynamics of this opposition. It investigates its implications for policies combating violence against women and contributes to scholarship of social movements, particularly their transnational qualities and their interaction with opponents and the state.

scholarly journals Cases of the European Court of Human Rights Significant for European Integration of Ukraine: Levchuk v. Ukraine, Judgment of 3 September 2020 (Final on 3 December 2020): Case Commentary

2021 ◽  
Vol 6 ◽  
pp. 73-76
Author(s):  
Pavlo Pushkar
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
European Integration ◽  
Violence Against Women ◽  
Case Law ◽  
Point Of View ◽  
Council Of Europe ◽  
European Court ◽  
Legal Mechanism ◽  
Istanbul Convention

The decision of the Strasbourg Court in the Levchuk case is important from the point of view of Ukraine's European integration prospects: first, from the point of view of the judicial system's response to domestic violence; secondly, from the point of view of the basic legislation concerning the possibilities of the state's response to these manifestations and the available means of protection. Thirdly, this concerns the ratification of the Istanbul Convention (Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence), which entered into force on 1 August 2014, since Ukraine signed the Convention but has not yet done so. party in the absence of ratification of the Convention. It is clear that the future actions proposed by the Ukrainian authorities should be based on the established case law of the European Court of Human Rights, as well as on other international legal instruments, including the Istanbul Convention, which was signed but not ratified by Ukraine. Last but not least is the recognition of the Istanbul Convention as one of the key elements of the EU's foreign, and therefore domestic, policy as a legal mechanism for systematically combating domestic violence.

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