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National Legislation LEGISLATION IN THE MEMBER STATES OF THE COUNCIL OF EUROPE IN THE FIELD OF VIOLENCE AGAINST WOMEN VOLUME II: ITALY to UNITED KINGDOM http://www.coe.int/equality EG (2007) 1 Volume II LEGISLATION IN THE MEMBER STATES OF THE COUNCIL OF EUROPE IN THE FIELD OF VIOLENCE AGAINST WOMEN VOLUME II: ITALY TO UNITED KINGDOM Directorate General of Human Rights Strasbourg, January 2007 Equality Division Directorate General of Human Rights Council of Europe F-67075 Strasbourg Cedex TABLE OF CONTENTS Italy ...................................................................................................................................................................................7 Latvia..............................................................................................................................................................................15 Liechtenstein..................................................................................................................................................................23 Lithuania.........................................................................................................................................................................29 Luxembourg ...................................................................................................................................................................41 Malta...............................................................................................................................................................................59 Moldova..........................................................................................................................................................................65 The Netherlands ............................................................................................................................................................73 Norway ...........................................................................................................................................................................81 Poland ............................................................................................................................................................................91 Portugal ..........................................................................................................................................................................99 Romania.......................................................................................................................................................................109 Russian Federation .....................................................................................................................................................117 San Marino...................................................................................................................................................................123 Serbia ...........................................................................................................................................................................131 Slovak Republic ...........................................................................................................................................................135 Slovenia........................................................................................................................................................................153 Spain ............................................................................................................................................................................163 Sweden ........................................................................................................................................................................177 Switzerland...................................................................................................................................................................189 “The Former Yugoslav Republic of Macedonia” ........................................................................................................197 Turkey...........................................................................................................................................................................203 Ukraine .........................................................................................................................................................................213 United Kingdom ...........................................................................................................................................................217 Appendix: Questionnaire ..................................................................................................................... 231 7 Italy ITALY Information provided by the Department for Rights and Equal Opportunities in November 2006. 1.0 LEGISLATION AND SANCTIONS RELATING TO VIOLENCE AGAINST WOMEN 1.1 LETTER OF LAW – DEFINITIONS Over the last few years, in Italy, there has been substantial progress with respect to the understanding of the phenomenon of violence against women, to the opening of shelters, as well as in the legislation field. The starting point of a series of activities that have involved the State Administration, local authorities and women’s associations, was constituted by the Directive of the Italian Prime Minister dated March 27, 1997, entitled “Actions aiming at promoting women empowerment, at acknowledging and guaranteeing freedom of choice and social equality for men and women”. One of the most important initiatives aiming at assisting and helping women victims of violence consists in the opening of shelters, managed by women’s associations and financed by local authorities. In November 2000, there were 15 such Centres, which have become 22 in 2002. These shelters, some of which are kept secret, offer reception services, legal advise, psychological counselling, as well as other forms of support. Approximately 90% of the women looking for help in shelters are escaping from physical or psychological domestic violence. More than one hundred associations offer listening services, counselling call centres and law experts in order to help and give psychological support to women victims of violence. Moreover, a network was set up connecting public services, shelters and all the associations dealing directly with violence against women. Some regions have achieved important results, such as Emilia-Romagna Region, which opened a shelter in each provincial capital, also coordinating them at regional level. However, the situation is still critical. Over the last few years, the number of cases of sexual assault and physical and psychological abuse reported to the police have been increasing. Moreover, many of such cases and serious injuries are often reported as home accidents, while they are the consequences of domestic violence and abuse. 1.2 DOMESTIC VIOLENCE In compliance with the provisions of the aforementioned Directive, the Government undertook a legislative action by promulgating Law n. 154 of April 5, 2001: “Measures against violence in familiar relations”, which introduced some of the judicial measures that already exist in other countries’ legislation. “Barring orders”, one of the measures introduced, ensure the separation of the perpetrator of violence from the family house. The approval of law n. 154/2001, dealing with the separation of the violent relative from the family, through civil or penal legal action. Especially in the past, violence against women in domestic life has created a problem of big proportions to be regulated by national legislation. Before this measure there was not specific legislation to avoid the persistence of violent behaviour of the aggressive relative in the family previous to the penal process. Law n. 154/2001 has established that the judge can order the immediate separation of the violent relative from the places frequented by the family (for example the work place, the school of the children), if his behaviour causes serious prejudice to the physical or moral integrity or to the personal freedom of the family, when the fact is not liable of persecution. 8 ITALY This law introduces a change of perspective in facing violence against women, because it deals with the demand of victims to stay in their own homes and not to leave their own habits of lives. An other sign of the will to eliminate violence is the creation of a National Emergency Number for women victims of violence, in 2005. The main objectives of this number are the following: To guarantee phone assistance and adequate services to victims of violence, able to orient their help request to other specialised services operating on the territory (anti-violence centres, social services, police force, health structures..); To guarantee the efficiency and effectiveness of the abovementioned services, also in relation with the achievement of all National Network against violence objectives. Above all, the service will assure: the acceptance of all help requests, a professional help for psychological support and legal orientation, the transferring of the calls or the victims of violence to specialized services operating on the territory. URBAN CITY NETWORK AGAINST VIOLENCE As far as the national programmes concerns, you can underline the the organization and realization of a programme called “National network against violence
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