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GREVIO's Baseline Evaluation Report on Albania

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GREVIO's Baseline Evaluation Report on Albania GREVIO Baseline GREVIO, the Group of Experts on Action against Violence against Evaluation Report Women and Domestic Violence, is an independent human rights monitoring body mandated to monitor the implementation of the Council of Europe Convention on Preventing and Combating Violence Albania against Women and Domestic Violence (Istanbul Convention) by the Parties. The Istanbul Convention is the most far-reaching international treaty to tackle violence against women and domestic violence. Its comprehensive set of provisions spans far-ranging preventive and protective measures as well as a number of obligations to ensure an adequate criminal justice response to such serious violations of human rights. This report contains an overall analysis of the implementation of the provisions of the Istanbul Convention. It highlights positive initiatives in preventing and combating all forms of violence against women at national level and provides suggestions and Group of Experts proposals to improve the situation of women facing such violence. on Action against Violence against Women and Domestic Violence (GREVIO) PREMS 171017 www.coe.int/conventionviolence ENG The Council of Europe is the continent’s leading Istanbul Convention human rights organisation. It comprises 47 member states, 28 of which are members of the European Union. All Council of Europe member states have signed up to the European Convention on Human Rights, a treaty designed to protect human rights, democracy and the rule of law. The European Court of Human Rights oversees the implementation of the Convention in the member states. GREVIO’s (Baseline) Evaluation Report on legislative and other measures giving effect to the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) ALBANIA Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) GREVIO/Inf(2017)13 Published on 24 November 2017 Secretariat of the monitoring mechanism of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence Council of Europe F-67075 Strasbourg Cedex France www.coe.int/conventionviolence 3 GREVIO/Inf(2017)13 Albania _________________________________________________________________________________________________ Table of contents Foreword ....................................................................................................................................... 5 Executive Summary ...................................................................................................................... 7 Introduction ................................................................................................................................. 10 I. Purposes, definitions, equality and non-discrimination, general obligations ................. 12 A. General principles of the Convention .............................................................................. 12 B. Scope of the Convention (Article 2)................................................................................. 12 C. Definitions (Article 3), with reference in particular to domestic violence .......................... 13 D. Fundamental rights, equality and non-discrimination (Article 4) ...................................... 14 1. Gender equality and non-discrimination ................................................................... 14 2. Intersectional discrimination ..................................................................................... 15 E. Gender-sensitive policies (Article 6) ................................................................................ 16 II. Integrated policies and data collection .............................................................................. 18 A. Financial resources (Article 8) ......................................................................................... 18 B. Non-governmental organisations and civil society (Article 9)........................................... 19 C. Co-ordinating body (Article 10) ....................................................................................... 21 D. Data collection and research (Article 11) ........................................................................ 21 1. Law enforcement and criminal justice sector............................................................ 22 2. Civil justice sector .................................................................................................... 23 3. Health ...................................................................................................................... 23 4. Research ................................................................................................................. 24 5. Surveys ................................................................................................................... 24 III. Prevention ............................................................................................................................ 26 A. Awareness raising (Article 13) ........................................................................................ 26 B. Education (Article 14)...................................................................................................... 27 C. Training of professionals (Article 15) ............................................................................... 28 D. Preventive intervention and treatment programmes (Article 16) ...................................... 30 E. Participation of the private sector and the media (Article 17) .......................................... 31 IV. Protection and support ........................................................................................................ 33 A. General obligations (Article 18), with reference in particular to multi-agency co-operation .................................................................................................................... 33 B. Information (Article 19) .................................................................................................... 35 C. General support services (Article 20) .............................................................................. 36 1. Social services ......................................................................................................... 36 2. Healthcare services ................................................................................................. 37 D. Specialist support services (Article 22), with reference in particular to shelters (Article 23) ..................................................................................................................... 38 E. Telephone helplines (Article 24) ...................................................................................... 40 F. Support for victims of sexual violence (Article 25) ........................................................... 40 V. Substantive law .................................................................................................................... 42 A. Civil law .......................................................................................................................... 42 1. Civil lawsuits and remedies (Article 29) .................................................................... 42 2. Compensation (Article 30) ....................................................................................... 43 3. Custody and visitation rights (Article 31) .................................................................. 44 B. Criminal law .................................................................................................................... 45 1. Psychological violence (Article 33) ........................................................................... 45 2. Stalking (Article 34).................................................................................................. 46 3. Physical violence (Article 35) ................................................................................... 46 4. Sexual violence, including rape (Article 36) ............................................................. 46 5. Forced marriage (Article 37) – Civil consequences of forced marriages (Article 32). 48 6. Female genital mutilation (Article 38) ....................................................................... 49 7. Forced abortion and forced sterilisation (Article 39) ................................................. 50 GREVIO/Inf(2017)13 4 Albania ________________________________________________________________________________________________ 8. Sexual harassment (Article 40) ................................................................................ 50 9. Unacceptable justifications for crimes, including crimes committed in the name of so- called “honour” (Article 42)....................................................................................... 51 10. Sanctions and measures (Article 45) ....................................................................... 52 11. Aggravating circumstances (Article 46) .................................................................... 53 12. Prohibition of mandatory alternative dispute resolution processes or sentencing (Article 48) ............................................................................................................... 53 VI. Investigation, prosecution, procedural law and protective measures ............................. 56 A. Immediate
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