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Research on Preventing and Combating Violence Against RESEARCH ON PREVENTING AND COMBATING VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE INCLUDING IN SITUATIONS OF SOCIAL DISADVANTAGE IN THE RUSSIAN FEDERATION Based on analysis of the Russian framework and compilation of good practices ENG The Council of Europe is the continent’s leading The European Union is a unique economic and political human rights organisation. It comprises 47 member partnership between 27 democratic European countries. states, 27 of which are members of the European Its aims are peace, prosperity and freedom for its 446 million Union. All Council of Europe member states have citizens – in a fairer, safer world. To make things happen, EU signed up to the European Convention on Human countries set up bodies to run the EU and adopt its legislation. Rights, a treaty designed to protect human rights, The main ones are the European Parliament (representing democracy and the rule of law. The European Court the people of Europe), the Council of the European Union of Human Rights oversees the implementation of the (representing national governments) and the European Convention in the member states. Commission (representing the common EU interest). www.coe.int www.europa.eu Co-operation on the implementation of the Russian Federation National Action Strategy for Women (2017–2022) RESEARCH ON PREVENTING AND COMBATING VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE INCLUDING IN SITUATIONS OF SOCIAL DISADVANTAGE IN THE RUSSIAN FEDERATION BASED ON ANALYSIS OF THE RUSSIAN FRAMEWORK AND COMPILATION OF GOOD PRACTICES Elisabeth Duban National experts: Mari Davtyan Valentina Frolova April 2020 The opinions and contents expressed in this work are the responsibility of the author(s) and do not necessarily reflect the official opinion or policy neither of the Council of Europe nor of the Ministry of Labour and Social Protection of the Russian Federation, nor the High Commissioner for Human Rights in the Russian Federation, nor the Ministry of Foreign Affairs of the Russian Federation, nor the Euro- pean Union. In course of development of the Russian Federation National strategy for women (2017-2022) consul- tations with the Council of Europe experts were carried out. These consultations were considered in frames of the Strategy's development. TABLE OF CONTENTS ACRONYMS . 5 1 . INTRODUCTION . 6 1.1. Methodology ............................................................................ 6 1.2. Scope of the study ........................................................................ 7 2 . BACKGROUND . 9 2.1. Prevalence of violence against women and domestic violence . 9 2.2. The Russian Federation: country context ................................................. 9 2.2.1. Prevalence of violence against women and domestic violence .....................10 2.2.2. Societal perceptions ..............................................................12 3 . INTERNATIONAL OBLIGATIONS, PRINCIPLES AND STANDARDS . 14 4 . COMPREHENSIVE AND INTEGRATED LEGAL AND POLICY FRAMEWORKS . .. 16 4.1. Gender equality approach .............................................................16 4.2. Comprehensive policies and co-ordination at the policy level ............................18 4.3. Multi-agency co-operation .............................................................20 4.4. Data collection and research ...........................................................21 4.5. Areas for consideration by the Russian authorities on legal and policy frameworks .......24 5 . JUSTICE SYSTEM RESPONSE . 25 5.1. Legislation on domestic violence ......................................................25 5.2. Criminal and administrative law ........................................................27 5.2.1. Substantive and procedural law ...................................................27 5.2.2. Investigation (police-prosecutor co-operation) ....................................33 5.2.3. Prosecution .......................................................................34 5.2.4. Self-defence .....................................................................36 5.3. Civil law ................................................................................38 5.3.1. Family law .......................................................................38 5.3.2. Compensation ...................................................................40 5.4. Women’s access to justice . .41 5.5. Areas for consideration by the Russian authorities on the justice system response ........43 Table of Contents ► Page 3 6 . PREVENTION OF VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE . 45 6.1. Role of law enforcement ...............................................................45 6.2. Capacity-building and professional training .............................................47 6.3. Perpetrators’ programmes . .49 6.4. Awareness-raising .....................................................................50 6.5. Role of national human rights institutions ..............................................52 6.6. Areas for consideration by the Russian authorities on the prevention of violence against women and domestic violence ..................................................54 7 . PROTECTION OF VICTIMS . 55 7.1. Specialised support services ...........................................................55 7.2. Protection orders ......................................................................58 7.3. Risk assessment and management .....................................................62 7.4. Legal aid ...............................................................................64 7.5. Areas for consideration by the Russian authorities on the protection of victims ..........65 8 . CONCLUSION . 67 9 . ANNEXES . 68 Page 4 ► Research on preventing and combating violence against women and domestic violence in the Russian Federation ACRONYMS CEDAW Convention on the Elimination of All Forms of Discrimination against Women CEDAW Committee Committee on the Elimination of Discrimination against Women DV Domestic violence ECHR Convention for the Protection on Human Rights and Fundamental Freedoms ECtHR European Court of Human Rights EIGE European Institute for Gender Equality EU European Union GREVIO Group of experts on Action against Violence against Women and Domestic Violence IPV Intimate partner violence NGO Non-governmental organisation NASW National Action Strategy for Women 2017-2022 NHRI National human rights institution RCAO Russian Code of Administrative Offences RCC Russian Criminal Code ToT Training of trainers UNFPA United Nations Population Fund UNDP United Nations Development Programme UNODC United Nations Office on Drugs and Crime VAW Violence against Women WHO World Health Organisation Acronyms ► Page 5 1 . INTRODUCTION Violence against women is one of the most pervasive human rights violations as it takes multiple forms (physical, sexual, psychological, economic violence), is perpetrated against girls and women of all ages, is not limited to any socio-economic or educational group and occurs in all countries. Despite its prevalence, violence against women (VAW) remains in the shadows, with efforts still needed to in- crease awareness and understanding of the problem in order to combat it more effectively. Although VAW is the most common violation of women’s human rights in Council of Europe mem- ber states, progress in legal and policy reform has been slow. The organisation-wide Gender Equality Strategy for 2018-2023 identifies several actions under Strategic objective 2 (Prevent and combat vio- lence against women and domestic violence), including supporting member states to implement rel- evant international instruments that prohibit violence against women, building knowledge about the subject and providing technical and legal expertise1. Within its commitments under the Gender Equality Strategy, the Council of Europe is conducting the “Co-operation on the implementation of the Russian Federation National Action Strategy for Women (2017-2022)” project. The project, implemented by the Council of Europe, the Ministry of Labour and Social Protection of the Russian Federation, the Office of the High Commissioner for Human Rights in the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation and funded by the EU and the Council of Europe, has an 18-month duration, from November 2018 to May 2020. The project focuses on developing knowledge and skills in two areas of the National Action Strategy for Women (NASW) that were identified jointly by Russian authorities and the Council of Europe: (i) prevention of social disadvantage of women and violence against women and (ii) women’s participa- tion in public and political life. In area (i) the aim is to share knowledge and create capacity among the relevant stakeholders in order to pave the way for future actions to advance equality between women and men, combat violence against women (VAW) and domestic violence (DV) including in situations of social disadvantage and to deliver on the NASW and other international commitments. 1 .1 . Methodology The study was conducted primarily through desk research, consisting of a review of available adminis- trative data and studies conducted in Russia. Legislation and policy documents were consulted to un- derstand the system in place to respond to cases of VAW generally and DV specifically. Relevant judge- ments of the European Court of Human Rights (ECtHR) as well as the views and recommendations of the Committee on the Elimination of Discrimination Against Women (CEDAW Committee)
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