Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence
Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence
Introduction
Member States of the Council of Europe and other States signatory to this Convention;
Remembering the Convention for the Protection of Human Rights and Fundamental Freedoms (European Treaty Series (ETS) – No. 5, 1950) and the provisions of its Protocols, the European Social Charter (ETS No. 35, 1961, revised in 1996, ETS No. 163), the Council of Europe Convention on Action against Trafficking in Persons (ETS No. 197, 2005) and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Abuse (ETS No. 201, 2007);
The Committee of Ministers to the member states of the Council of Europe recalls the Recommendation Rec(2002)5 on the protection of women against violence, the Recommendation Rec(2007)17 on standards and mechanisms for gender equality, the Recommendation Rec(2010) on the roles of women and men in preventing, resolving conflicts and building peace, and other relevant recommendations; taking into account the growing body of case law of the European Court of Human Rights, which sets important standards in the field of violence against women;
Taking into consideration the International Covenant on Civil and Political Rights (1996), the International Covenant on Economic, Social and Cultural Rights (1996), the United Nations International Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW”, 1979) and its Optional Protocol (1999), the CEDAW Committee’s General Recommendation No. 19 on violence against women, the United Nations Convention on the Rights of the Child (1989) and its Optional Protocol (2000), and the United Nations Convention on the Rights of Persons with Disabilities (2006);
Taking into consideration the Rome Statute of the International Criminal Court (2002);
Bearing in mind the fundamental principles of international humanitarian law, and in particular the 4th Geneva Convention for the Protection of Civilians in Time of War (1949) and the provisions of its 1st and 2nd Additional Protocols;
Condemning all forms of violence against women and domestic violence;
Acknowledging that achieving legal and de facto equality between men and women is a crucial element in preventing violence against women;
Recognizing that violence against women is a historical manifestation of unequal power relations between men and women, leading to the domination and discrimination of women by men and hindering their advancement;
Recognizing the structural dimension of violence against women, such as gender-based violence, and that this violence is one of the most important social mechanisms for forcibly relegating women to a secondary position compared to men; Recognizing with great concern that women and girls are exposed to many forms of violence that seriously violate human rights, including domestic violence, sexual abuse, rape, forced marriage, crimes committed in the name of so-called “honor,” and genital mutilation, and that this is the biggest obstacle to achieving gender equality;
Recognizing the ongoing human rights violations in armed conflicts affecting civilians, especially women, in the form of widespread and systematic rape and sexual violence, and the possibility of increased gender-based violence during and after conflicts;
Recognizing that women and girls are at greater risk of experiencing gender-based violence than men;
Recognizing that domestic violence disproportionately affects women and that men can also be victims of domestic violence;
Recognizing that children are victims of domestic violence, including witnessing violence within the home;
With the desire to create a Europe where violence against women and domestic violence are eradicated; They have agreed as follows:
Section 1 – Objectives, definitions, equality and non-discrimination, general obligations
Article 1 – Objectives of the Convention
1. The objectives of this Convention are:
• To protect women from all forms of violence and to prevent, prosecute and eliminate violence against women and domestic violence;
• To contribute to the elimination of all forms of discrimination against women and to promote concrete equality between women and men, including through the empowerment of women; • To design a comprehensive framework, policies and measures to protect and support victims of violence against women and domestic violence;
• To strengthen international cooperation to eliminate violence against women and domestic violence;
• To provide support and assistance to organizations and law enforcement agencies to cooperate effectively in adopting a holistic approach to eliminating violence against women and domestic violence.
2. This Convention aims to ensure the effective implementation of its provisions by States Parties.