Istanbul Convention Research Articles

INTERNATIONAL AND NATIONAL LEGISLATION ON DOMESTIC VIOLENCE PREVENTION AND COMBATING

Domestic violence remains a critical issue that negatively affects the physical and mental health, economic status and social integration of victims. The purpose of the study is to summarise international and Ukrainian legal norms, standards and policies aimed at preventing and combating domestic violence. Research methods: comparative analysis and content analysis to study international conventions, national legislation and regulations. International and national legal acts are aimed at ensuring effective countermeasures against this phenomenon, protecting the rights of victims and creating conditions for the prevention of violence. In general, as of today, a sufficiently strong legal framework has been created to combat cases of domestic violence, and this also applies to Ukrainian legislation, which also tries to respond to existing challenges by adopting a number of laws and by-laws. The state has also introduced a number of mechanisms to support victims, including social and psychological assistance centers, shelters, and mobile teams. The results of the study showed that international documents such as the UN Charter, the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention play an important role in shaping the legal framework for combating domestic violence. In Ukraine, the legal framework also includes a number of legislative acts, such as the Law of Ukraine ‘On Preventing and Combating Domestic Violence’, which provides for comprehensive measures to protect victims. However, the problem of domestic violence remains relevant and requires further research and legal improvements to ensure effective implementation of international standards and improve the effectiveness of national measures.

Strategies for primary healthcare in Ukraine: An integrated response to gender-based violence

Abstract Issue/problem Survivors of gender-based violence (GBV) and conflict-related sexual violence (CRSV) in Ukraine face significant challenges in accessing appropriate healthcare services. Despite governmental commitment, acknowledgment and regulatory frameworks, including the ratification of the Istanbul Convention, gaps persist in integrating comprehensive GBV/CRSV services into primary healthcare (PHC) settings, exacerbated by the ongoing conflict with Russia. Description of the problem An analysis of healthcare providers’ knowledge has revealed deficiencies in effectively supporting GBV/CRSV survivors. Barriers include workload pressures, lack of inter-sectoral cooperation and case-management protocols, and insufficient training opportunities on survivor support. In collaboration with the World Health Organization, the global Clinical Management of Rape (CMR) guidelines was adapted for Ukrainian context. Among findings from CMR trainings attended by 443 PHC providers in 2022-2023 (213 participants in 2022 and 230 participants in 2023), the results underscore gaps in PHC workers’ basic knowledge and readiness to effectively support survivors during the war. Results Data from WHO training sessions underscored significant gaps in knowledge among healthcare professionals regarding legal protocols, available resources, and best practices in PHC service delivery. Identified barriers emphasized the urgent need for targeted interventions to enhance PHC workers’ capacity in GBV/CRSV response. Lessons Recommendations focus on systemic enhancements including revising regulatory frameworks, developing standardized protocols, and institutionalizing and providing comprehensive training programs. Innovative approaches like online courses, mentoring programs, and integrated service models are crucial for addressing multifaceted challenges. Key messages • A holistic GBV/CRSV response is an essential component in PHC. • This intersectoral survivor-centered approach provides safe spaces that can be adapted to other contexts in Europe.

Domestic Violence in the Focus of Estonian Penal Policy and Implementation of the Law in the Light of the Istanbul Convention Requirements

Domestic violence is a multi-faceted phenomenon, encompassing social, psychological, medical and, certainly, legal aspects. Depending on the existing legal framework, it is the lawyers who have the possibility and even the duty to assist and protect the victim and to apply various sanctions against the perpetrator. The decision on the Principles of Criminal Policy until 2030, adopted by the Estonian Parliament, formulates the goal of the penal system as supporting law-abiding lifestyles and thus ensuring that the norms based on the values of our society are implemented, violations are responded to and conflicts are resolved fairly. These are goals that, if realised, could also contribute to reducing domestic violence in society. Estonia has ratified the Istanbul Convention and has made amendments to national legislation in accordance with the requirements of the Convention. Dealing with cases of domestic violence is nevertheless relatively problematic, especially from the perspective of the victim. The predominance of the settlement procedure or the practice of out-of-court restorative justice and conciliation in domestic violence cases, in the opinion of this author, tends to support the position of the perpetrator of violence.

Who is Afraid of the Istanbul Convention? Explaining Opposition to and Support for Gender Equality

Who is Afraid of the Istanbul Convention? Explaining Opposition to and Support for Gender Equality

The effectiveness of domestic violence investigation: standards of the Istanbul Convention and the ECHR case law

The effectiveness of domestic violence investigation: standards of the Istanbul Convention and the ECHR case law

Gender equality with regard to the current challenges to Ukraine’s national security: theoretical and practical aspects

The article examines the legal and institutional mechanisms for integrating gender equality into the national security and defence sector of Ukraine. The analysis of the legal framework governing gender policy, in particular in the Armed Forces of Ukraine, is carried out. Particular attention is paid to the role of international standards, such as UN Security Council Resolution 1325 and the Istanbul Convention, in ensuring equal access of women and men to participation in defence processes. Based on theoretical analysis and empirical data, the article examines the impact of gender balance on the effectiveness of the national security sector, in particular its managerial, operational and strategic components, in the context of modern military challenges. It is found that the integration of gender equality contributes to the efficiency of the defence sector, but requires improvement of legal regulation and changes in institutional approaches. The results of the study indicate the need to revise legislative acts and introduce gender-sensitive approaches in the planning and execution of military operations. The article provides recommendations for strengthening the legal framework for gender equality in the security and defence sector of Ukraine. It is concluded that gender equality in the military does not mean mandatory establishment of equal obligations for both sexes. It is important to take into account the specifics and capabilities of each gender, ensuring equal access to military service on a voluntary basis, which is a more effective and fair approach. This allows to take into account the individual characteristics of women and men, thus ensuring the harmonious functioning of the Armed Forces of Ukraine in the context of modern challenges and needs of society.

Domestic Violence and Custody Proceedings: An Analysis of Judicial Decisions in Portugal

Abstract Purpose To understand court decisions in custody cases involving allegations of domestic violence, a qualitative study was conducted among Portuguese family court magistrates. Methods A nonprobabilistic snowball sampling process, which involved six judges from Portuguese family courts who were authorized by the Superior Magistrate’s Court to participate in an interview, was used to construct the sample. Results When the data were analyzed, three main themes emerged, namely, the characteristics of the processes, the factors considered in the judicial decisions, and the impact of shared custody. The results also revealed several legal and extralegal aspects that influence judicial decisions, such as the characteristics of the violence, the mediation process, and the status attributed to victims, suggesting that there are objective and subjective factors in the perpetuation of violence. Conclusions Allegations of domestic violence in custody proceedings are not uncommon, and these allegations can complicate the process and delay a decision. Efforts by one parent to restrict contact with the other parent raise suspicions of attempted alienation that tend to undermine the risk assessment. There can also be overreliance on shared custody, potentially undermining children’s safety. The negative impacts of exposure to domestic violence and the instrumentalization of children are recognized, but it is questionable whether they are being prevented to the extent advocated by the Istanbul Convention. The effectiveness of communication between criminal and family courts is also debatable, despite its importance for protecting victims.

Between a rock and a hard place: domestic abuse and being a migrant woman in England and Wales

Legal responses to domestic abuse have been a political priority of the UK Government since at least 2010, eventually leading to the passing of the seminal legislation in this area for England and Wales, the Domestic Abuse Act 2021. However, the exclusion of protection for migrant victim-survivors with precarious immigration statuses under the Act demonstrates a failure in understanding that the experience and risk of domestic abuse differ for these individuals from that of the mainstream, due to their intersectional identities as (predominantly) migrant women. Many migrant victim-survivors still find themselves trapped in abusive situations, as the law fails to safeguard their rights to reside legally should they choose to present themselves to authorities by reporting their abuse. A distinct lack of acknowledgment as to inequalities faced by those at the intersection of migrant status and gender (Crenshaw, 1989; 1991) has led to increased insecurity for some of the most vulnerable. This article shines a light on this discrimination under the law in England and Wales. It adopts an intersectionality framework to examine such inequality, analysing Appendix Violence Domestic Abuse and the Migrant Victim Domestic Abuse Concession in UK immigration law, as well as the Support for Migrant Victims Pilot and its relevant Evaluation Report, against the international standards of the Istanbul Convention. It argues that the UK Government is failing to tackle the problem of migrant victim-survivors’ protection concerning domestic abuse, and in some situations, has made it worse.This article aims to state the law as of 1 May 2024.

Populist Challenge? Negotiating the EU’s Accession to the Istanbul Convention in the Council

According to recent scholarship, populist governments engage in “unpolitics,” a repudiation of politics as the process of resolving conflict, including on the level of the EU. We propose that the conditions provided by the Council preparatory bodies, namely constructive negotiation culture, focus on technical details and containment of a negotiation outside of mediatised venues, might hamper the emergence of unpolitics. We test this argument by tracing the process of the EU’s accession to the Istanbul Convention on preventing and combatting violence against women and domestic violence, concluded in June 2023. This case study serves as a hard case for our theory because gender equality as a policy area is susceptible to tactics of unpolitics and right-wing populists have employed populist critique of the Istanbul Convention in their domestic contexts. Having analysed multiple data sources, including interviews with negotiators in the Council of the EU, official EU documents, and media coverage, we find little evidence of unpolitics in the case of the Council’s negotiation of the EU’s accession to the Istanbul Convention. We suggest that decision-making venues such as Council preparatory bodies can mitigate phenomena associated with populism, such as the use of unpolitics tactics in EU decision-making.

The Impact of Turkey's Withdrawal From the Istanbul Convention on Suspicious Female Deaths and Femicides.

In recent years, suspicious deaths, often portrayed as "falls from a height," have been increasingly associated with femicides in Turkey. This phenomenon coincided with the official withdrawal process from the "Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence" (Istanbul Convention). Our study aims to reveal the impact of Turkey's withdrawal from the Istanbul Convention on femicides and the yet officially unrecognized "suspicious female deaths." This research, conducted in a descriptive, cross-sectional epidemiological style, draws its population from records of suspicious female deaths and femicides that occurred in Turkey between January 1, 2020, and June 1, 2023. There has been a notable increase in the rate of suspicious female deaths. Additionally, a significant rise has been observed in the proportion of women who were employed, had children, and sought legal protection in these deaths. The study suggests a return to the Istanbul Convention.

Identity Claims and the Legal Order: Secular or Religious?

Abstract The problem addressed in this article is the challenge that identity claims stemming from identity politics, commonly recognized as left liberalism, pose to the secularity of the modern legal order. The paper: (1) postulates human dignity as the highest value and assesses the potential of philosophy and law to find a balance among the conflicting demands posed by this value; (2) identifies constitutional principles and/or jus cogens as the basis for the identification and appraisal of identity claims; (3) describes major identity claims embodied in the Istanbul Convention and appraises them on the basis of the principles; (4) ascribes identity politics and its claims to a worldview with traits of a religion, termed culturalism, as their condition. The conclusion proposes alternative decisions (de lege ferenda) more in accord with the principles, most notably with the freedom of thought, conscience and religion.

Consent to sexual activity in accordance with article 197 of the Criminal Code

Abstract In the 21st century, legislation in many jurisdictions is moving away from defining the crime of rape based on the use of coercion and instead focusing on the violation of the injured person’s will. This analytical article aims to highlight changes in the understanding of the features of a crime under Article 197 of the Criminal Code, aligning it with the current societal awareness and views. This issue is relatively absent in scientific discourse, likely because phenomena such as stealthing have only recently received attention. The authors posit that, given the current interpretation of the features of the crime of rape in both doctrine and case law, the present legal framework satisfies the criteria of Article 36 of the Istanbul Convention. However, the doctrine, jurisprudence, and potentially the legislator face the challenge of adapting the crime of rape to contemporary needs. The conclusions drawn from the conducted research reveal problems that are only briefly touched upon in criminal law literature.

EU approach towards violence against women and domestic violence – new EU Directive

European Union (EU) approach towards violence against women and domestic violence is analyzed through interconnection with principles of gender equality and nondiscrimination. The combination of gender-based discrimination and gender inequality with other forms of discrimination (economic, political, etc.) very often result in specific forms of violence against women. EU acceded the Istanbul Convention on preventing and combating violence against women and domestic violence of the Council of Europe in June 2023, which was spiritus movens for the adoption of the new EU Directive in this field. Achievements and shortcomings of this Directive are presented, as well as its significance within existing relevant EU primary and secondary legislation. New legislation criminalizes the following offences across the EU: female genital mutilation, forced marriage, non-consensual sharing of intimate images, cyber stalking, cyber harassment and cyber incitement to hatred or violence. However, criminalization of rape is lacking due to the absence of agreement of the constitutional element of sexual consent. Instead, prevention of rape and raising awareness of the importance of central role of consent are included. Taking into account the problem of secondary victimization, the Directive regulates rules on the measures of assistance and protection to victims that are to be secured by Member States, who are obliged to implement Directive in three years period. Directive gains special significance when taking into account relevant official data on violence against women in the EU. This Directive is to be considered the step forward in the direction of realization of gender equality de facto.

Beyond bones, joints and muscles: can physiotherapists have a role in identifying and supporting domestic violence victims?

Purpose Domestic violence (DV) is a pervasive global issue affecting people across all demographics. Physiotherapists, due to their close patient contact, may be ideally positioned to identify and support victims. However, their preparedness for this role is shown to fall short of needs via a study that aimed to determine physiotherapists’ knowledge, attitudes, and experiences with DV in Estonia, Greece, Cyprus, and Spain. Methods An online questionnaire via the LimeSurvey® platform assessed the experiences of 167 physiotherapists across the four countries. The survey covered respondent demographics, training received on DV identification and referral procedures, self-reported confidence in identifying and referring DV victims, and the frequency of encountering suspected cases. Results The findings revealed a substantial gap between the legal mandates for healthcare professionals to address DV (as outlined in the Istanbul Convention and a 2024 EU Directive) and the preparedness of physiotherapists. Only 13.2% of respondents had received any DV training, and less than half felt confident making referrals to support services. However, there is an evident association between experience and awareness – physiotherapists with more years of experience, particularly those specialising in paediatrics or chronic conditions, are more likely to have encountered and reported suspected DV cases. Conclusions The study’s generalisability may be limited due to the sample size and the selection process (social media outreach and professional networks). Additionally, self-reported data can be prone to bias. Nonetheless, these findings highlight a critical need for integrating DV training modules into physiotherapy education curricula, both at the entry-level and throughout continuing education programs. The Online Professional Education for Physiotherapists and other healthcare professionals on DV (OPEP) project, in response to this gap, has developed a comprehensive online training resource specifically for physiotherapists on DV identification and referral protocols. This initiative aligns with the growing recognition of healthcare professionals’ role in combating DV and can play a vital role in supporting victims and survivors.

Honor Killings in Traditional Societies: Revisiting the Case of Türkiye After Istanbul Convention Withdrawal

This research delves into the complex dynamics of honor and honor killings in traditional societies, with a specific focus on Türkiye, which has a Muslim-majority population and secular-democratic politico-legal system. It sheds light on the cultural and societal frameworks that reinforce honor, particularly in the context of gender relations and familial reputation. Using a qualitative methodology, the study analyzes the case of Türkiye, with a significant emphasis on the controversial withdrawal from the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, also known as the Istanbul Convention. Examining discussions in the parliament, legal documents, and secondary sources, such as research reports, supports the case study. The findings reveal a complicated interplay between traditional perceptions of honor, legal inadequacies, and societal attitudes that perpetuate violence against women. The study argues that while legislative reforms have been implemented, cultural and societal norms continue to pose significant challenges to their effectiveness. The conclusion underscores the urgent need for a multifaceted approach, incorporating legal, educational, and societal strategies to dismantle the cultural norms that condone honor-related violence. This article contributes to the discourse on gender-based violence, advocating for a comprehensive understanding and action to address honor killings in Türkiye and beyond.

Digital Violence Against Women: Is There a Real Need for Special Criminalization?

Social networking and rapid digital evolution have created a brand-new framework of human behaviours and habits. Of course, the majority of them already existed over the centuries but in a different form; as a result, conventional assaults towards legal interests of specific individuals have initially transformed into electronic and then into cyber(-)crimes (p.e. from conventional pornography to internet pornography or cyber/digital pornography including sometimes even virtual pornography via pseudo images and totally AI generated pictures). When discussion comes to gender-based violence, in particular violence against women and domestic violence, we realize that abuses and violations of their fundamental human rights could take place either online or offline; furthermore, both similarities and differences in old and new behaviours, and consequently in crime formations (“actus reus”) and in perpetrators’ “modus operandi” could easily be found and categorized. This paper will not discover the causes or the elements behind the various digital abuses against women; its first purpose is to gather the various crime behaviours against women and reach some conclusions by a methodically comparative bibliographic and legislative research. Besides, tackling gender-based violence –in particular violence against women and domestic violence- consists one of the main contemporary concerns of every liberal state. CoE’s contribution to it –through 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) but even via ECHR’s case law- is indisputable. At the same time, European Union is trying to end gender-based violence through its member states with a new legal instrument (a proposed Directive on combating violence against women and domestic violence), whose results are expected to be more direct and -hopefully- more effective. The main target of this paper is to present and examine the specific form of digital crime against women and girls as long as the majority of crimes nowadays takes place digitally; notwithstanding the fact that pandemic and post pandemic era have definitely determined criminals’ modus operandi. At the end of the day, someone has to answer: how Criminal Law faces the new aforementioned behaviours, based on the fundamental theory of legal interest and leading to a justified (extra) standardization? And even more: where does this “plus” in penalties (: aggravation) for behaviours that combine characteristics of digital and gender-based criminality come from?

The impact of the Istanbul Convention on the appointment of responsibility for domestic violence: gaps and inconsistencies

The article dwells upon the current Ukrainian legislation, which is being changed both at the legislative and legal level in connection with ratification of international conventions and practice of the ECtHR, which is the source of criminal responsibility under the Law of Ukraine "On the implementation of decisions and application of the practice of the European Court of Human Rights". Although the Istanbul Convention was signed by Ukraine back in 2011, it was ratified only on February 1, 2022. However, over the past 5 years, the national legislation has been brought into line with the requirements of the Convention and the practice of the ECtHR, but the change of legislation must be in line with the national legislation. We analyzed these inconsistencies and conflicts, which, in our view, relate more to the responsibility for the act of domestic violence. The types of punishment and penalties do not correspond to the purpose of the punishment, which is studied in more detail in the article. Besides, a large number of repetition and recidivism shows that the purpose of punishment, namely the correction of the sentenced person, does not reach its goal. The judicial statistics concerning administrative and criminal responsibility over the last three years was analyzed. The analyzed data of the polled police officers who are responsible for the regulation of problems in the family related to domestic violence are presented. As a result, conclusions and proposals to the current legislation were developed to improve the situation in the appointment of penalties and punishment for domestic violence.

Violence against Women: Challenges in Fulfilling the 2030 Agenda for Sustainable Development and the Implementation of the 2011 Istanbul Convention in the Republic of Croatia

Year 2024 marks the tenth anniversary of the entry into force of the Istanbul Convention on preventing and combating violence against women and domestic violence. At the same time, the world has just passed the halfway point in the implementation of the Sustainable Development Goals (SDGs), which are enshrined in the 2030 Agenda for Sustainable Development. By comparing the results of both instruments, this paper aims to highlight current trends in universal and national efforts to combat violence against women. Based on the premise that violence against women, is unfortunately, still pervasive and can occur anytime and anywhere, this paper addresses three main topics: 1) the fundamental challenges for strengthening gender equality and women’s empowerment in combating violence against women globally and the current results of the implementation of SDG 5; 2) the contribution of key international documents; and 3) the assessment of the implementation of the 2011 Istanbul Convention in the Republic of Croatia through the comments of the recent GREVIO report.

DOMESTIC VIOLENCE: CURRENT ISSUES THROUGH THE PRISM OF LEGISLATIVE CHANGES

The article is devoted to the study of a problem that is an urgent and negative manifestation of public life not only in Ukraine but also in most foreign countries. Domestic and gender-based violence is one of the most widespread violations of constitutional human rights and freedoms, which not only causes physical pain and moral suffering, but also undermines the sense of security of a person; it is a global problem that daily harms the most valuable human goods - honor, dignity, life and well-being. For Ukraine, as well as for many other countries around the world, this problem is quite acute, so the international community is trying to actively counteract all forms of violence. Violence remains a global phenomenon that causes devastating losses at the social, economic and national level, with domestic violence being a particularly negative form of it. Ukrainian legislation has its own tools for the prevention and fair punishment of such torts, which are reflected in the Law on Preventing and Combating Domestic Violence adopted in 2018 and the relevant amendments to the Criminal Code of Ukraine. Thus, Article 126-1 of the Criminal Code of Ukraine was added to the criminal law, which stipulates that domestic violence is the intentional systematic commission of physical, psychological or economic violence against a spouse or former spouse or another person with whom the perpetrator is (was) in a family or close relationship, which leads to physical or psychological suffering, health disorders, disability, emotional dependence or deterioration in the quality of life of the victim. However, in Ukraine, since the outbreak of full-scale war, law enforcement attention has naturally shifted to war crimes, and the challenges of domestic and gender-based violence have been relegated to the background. With the ratification of the Istanbul Convention, the country faces the problem of standardizing national regulations, which Ukrainian lawmakers have the opportunity to improve guided by international means of overcoming and combating domestic violence. Such mechanisms can be implemented, in particular, through changes in national legal acts related to combating violence. First of all, we are talking about the Law of Ukraine of January 4, 2018 “On Preventing and Combating Domestic Violence”. For the comprehensive and productive fulfillment of Ukraine’s obligations, it is worth focusing on certain gaps that, in our opinion, exist in the relevant law, namely: identification of gender-based violence and introduction of the concept of “gender” in procedural acts to overcome the so-called “gender blindness” and the conflict of variability of domestic violence and the degree of responsibility for each of its types in terms of recognizing the systematic nature of acts.

The Violent Implications of Opposition to the Istanbul Convention

This paper focuses on campaigns against the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). These campaigns not only obstructed ratification processes in a number of countries, but also that the openly hostile and highly gendered attacks had a direct impact on women’s rights activists and their work, seriously hindering their work, but also affecting their well-being and safety. In this paper we explore the violent implications of the campaigns against the Istanbul Convention which are part of wider anti-gender campaigns. We argue that the violence of the campaigns and the violent implications should be considered gendered political violence, which effectively marginalizes women and other targeted groups and obstructs their participation in society and politics and as such is central to current autocratization tendencies and undermining of democracy.