Istanbul Convention (European Legal Framework) 2011

On 11 May 2011, the “Convention of the Council of Europe on Preventing and Combating Violence against Women and Domestic Violence” was signed by 13 countries in Istanbul, and therefore carries the title “Istanbul Convention”. It is the first legally-binding instrument in Europe in this field, and in terms of scope, the most far reaching international treaty to tackle this serious violation of human rights.

It aims at zero tolerance for such violence and is a major step forward in making Europe and beyond a safer place. By accepting the Istanbul Convention, governments are obliged to change their laws, introduce practical measures and allocate resources to effectively prevent and combat violence against women and domestic violence.

The Convention contains far-reaching regulations as to the prevention of violence against women, the protection of victims and effective prosecution. The obligations include, among other things, measures for raising awareness, creating adequate aid facilities, prosecuting violence and providing support to victims during criminal proceedings.

The rules include all forms of gender-based violence against women, physical, mental and sexual violence – as well as all appearances of violence, such as domestic violence, stalking, forced marriages and female genital mutilation.

The Convention places particular focus on domestic violence and requests application of the relevant rules also to children and men. As an important prerequisite for effective protection, the Convention also calls for the legal and factual equality of women in society.
The Istanbul Convention codifies established standards, jurisprudence and developments at international level, as well as best practice at national level, thereby lending them more weight and ensuring their wider application. Drawing in particular on the framework of measures of the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) and case law developed by the CEDAW Committee, it is firmly based on the premise that violence against women cannot be eradicated without investing in gender equality and that in turn, only real gender equality and a change in attitudes can truly prevent such violence.

 

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