August 1, 2014 marked the entry into force of the first legally binding instrument in Europe that specifically targets violence against women and domestic violence. The “most far reaching international treaty to tackle this serious violation of human rights,” the Convention on Preventing and Combating Violence against Women and Domestic violence, known as the Istanbul Convention, requires States parties to take steps to prevent and eliminate all forms of violence and discrimination against women and to implement policies, practices, and supportive measures that assist survivors and relevant agencies. [COE] The Istanbul Convention was drafted by the Council of Europe (COE), an intergovernmental organization with 47 Member States. Unlike the European Convention on Human Rights, ratification of the Istanbul Convention is not a requirement for COE membership, nor is its implementation to be overseen directly by the European Court of Human Rights. Rather, the convention establishes its own independent monitoring mechanism, very similar to a United Nations human rights treaty body.
The treaty recognizes that violence against women is a reflection of “historically unequal power relations” between men and women and prevents the “full advancement” of women. Convention on Preventing and Combating Violence against Women and Domestic Violence (adopted 7 April 2011, entered into force 1 August 2014), CETS 210, preamble. Violence against women is a continent-wide problem in Europe. [Amnesty International] At least 35 percent of women worldwide have experienced physical and/or sexual violence from an intimate partner or sexual violence from a non-partner. As many as 70 percent of women have experienced physical or sexual violence from an intimate partner. [UN Women] Importantly, the Istanbul Convention recognizes that sexual harassment, rape, forced marriage, honor crimes, genital mutilation, and other forms of violence constitute serious human rights violations and “a major obstacle to the achievement of equality between women and men.” Istanbul Convention, preamble.
The Istanbul Convention’s Entry into Force
The Council of Europe Committee of Ministers adopted the Istanbul Convention on April 7, 2011 and opened it for signature on May 11, 2011. [COE] The Convention may be signed by the Member States of the Council of Europe, the non-Member States that participated in the elaboration of the Convention, and the European Union. Istanbul Convention, art. 75(1).
According to Article 75(3), the Istanbul Convention enters into force on the first day of the month three months after 10 signatories (eight of which must be Member States of the Council of Europe) express their consent to be bound by depositing instruments of ratification, acceptance, or approval with the Secretary General of the Council of Europe. Andorra was the 10th State to ratify the Convention on April 22, 2014. [COE]
The Convention thus entered into force on August 1, 2014 for the following States: Albania, Andorra, Austria, Bosnia and Herzegovina, Denmark (ratified on April 23, 2014, the day after Andorra became the tenth State to ratify the treaty), Italy, Montenegro, Portugal, Serbia, Spain, and Turkey. The Convention will enter into force for the France, Malta, and Sweden on November 1, 2014.
The Istanbul Convention’s Scope and Provisions
The Istanbul Convention builds on existing women’s human rights instruments by: including a range of harmful practices in its definition of violence, including stalking, forced marriage, forced abortion, and forced sterilization; holding States to the “due diligence” standard for preventing, investigating, and punishing violence against women by non-State actors; including a definition of gender that recognizes it as a social construct; requiring States parties to adhere to the treaty in times of armed conflict, as well as times of peace; and obligating States parties to recognize gender-based violence as a form of persecution in the context of asylum applications.
The Convention identifies violence against women as a human rights violation and form of discrimination. It defines violence against women as:
all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.
Istanbul Convention, art. 3(a).
The convention defines domestic violence as:
all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim.
Id., art. 3(b). Chapter V of the treaty details the issue areas that States parties must address in their domestic legislation, including custody and visitation rights, forced marriages, psychological violence, stalking, and other subjects. Id., arts. 29-48.
The Convention calls on States Parties to promote and protect the fundamental rights of women in both the public and private sphere. Id., art. 4(1).
It states that the “Convention shall apply in times of peace and in situations of armed conflict.” Id., art. 3.
In their efforts to implement the Istanbul Convention and promote women’s equality, States Parties must incorporate a gender perspective, reflecting the specific interests and needs of women. Id., art. 6.
Another key aspect of the Istanbul Convention is its application of an integrated approach to addressing violence against women. The integrated approach “takes into account the relationship between victims, perpetrators, children and their wider social environment.” Id., art. 18(3). States Parties must adopt an integrated approach when taking legislative and other action to protect victims from acts of violence.
Importantly, the Istanbul Convention also requires States Parties to ensure that gender-based violence against women is recognized as a form of persecution within the meaning of Article 1 of the 1951 Convention relating to the Status of Refugees. Istanbul Convention, art. 60(1).
Finally, the Convention also establishes a monitoring mechanism. This mechanism consists of a group of experts on action against violence against women and domestic violence that will monitor the implementation of the Istanbul Convention. Referred to by the Convention as “GREVIO,” the group of experts will be independent and impartial in carrying out its functions. Istanbul Convention, arts. 1(2), 66. The initial 10 members are to be elected, in their individual capacity, within one year of the Convention’s entry into force and will be authorized to:
- review periodic State reports (at intervals to be determined by GRECIO) on their implementation of the treaty;
- carry out country visits;
- urgently request that a State report on measures taken to prevent serious and massive or persistent violations;
- to conduct an inquiry in such situations; and
- to issue general recommendation on the implementation of the Convention.
Istanbul Convention, arts. 68, 69.
The Istanbul Convention and Other Women’s Human Rights Treaties
The Istanbul Convention builds on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), as well as the CEDAW Committee’s General Recommendations, and decisions in individual complaints. CEDAW itself makes no mention of violence against women, instead focusing on discrimination against women as a human rights violation. General Recommendation No. 19, however, asserts that gender-based violence is a form of discrimination that inhibits women’s ability to enjoy their rights and freedoms on an equal basis with men. The Istanbul Convention goes into greater detail about comprehensive policies on violence against women, data collection, prevention, protection, and support for victims of violence, recommended substantive law concerning violence against women and domestic violence, and investigative and punitive measures.
The Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belém do Pará) is the regional women’s rights treaty for the Americas. Like the Istanbul Convention, the Convention of Belém do Pará directly addresses violence against women. It defines violence against women as:
any act or conduct, based on gender, which causes death or physical, sexual or psychological harm or suffering to women, whether in the public or private sphere.
Convention of Belém do Pará, arts. 1-2.
The Istanbul Convention is broader than the Convention of Belém do Pará in that the Istanbul Convention explicitly includes economic harm or suffering as a form of violence against women. Like the Istanbul Convention, the Convention of Belém do Pará recognizes that serious violations occur in both the public and private spheres. It does not, however, specifically require States to ensure inclusion of a gender perspective in their implementation measures.
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) is the regional women’s rights treaty for Africa. It defines violence against women as:
all acts perpetrated against women which cause or could cause them physical, sexual, psychological, and economic harm, including the threat to take such acts; or to undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public life in peace time and during situations of armed conflicts of war.
Maputo Protocol, art. 1.
Similar to the Istanbul Protocol, the Maputo Protocol includes economic harm as a form of violence against women. And like the Istanbul Convention and the Convention of Belém do Pará, the Maputo Protocol acknowledges the importance of human rights protection in the private sphere of life. The Maputo Protocol also requires States parties to integrate a gender perspective. Maputo Protocol, art. 2(1)(c).
Of the four treaties – CEDAW, the Istanbul Convention, Convention of Belém do Pará, and the Maputo Protocol – the Istanbul Convention goes into the greatest detail concerning the nature of violations against the right of women to be free from violence, and provides the most specific solutions for States to empower women and strengthen women’s equality with men.
See additional information on the drafting and current ratification status of the Istanbul Convention on the dedicated COE webpage.
For more information on the European human rights system, visit IJRC’s Online Resource Hub.