Integrated Policies – Integrated Approach
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INTEGRATED POLICIES – INTEGRATED APPROACH MAPPING OF POLICIES AND LEGISLATION ON VIOLENCE AGAINST W MEN AND THE ISTANBUL CONVENTION IN THE WESTERN BALKANS AND TURKEY EXECUTIVE SUMMARY a publication by 1 This programme is funded by This project is funded by UN Women the European Union THE EUROPEAN WOMEN’S LOBBY (EWL) brings together the women’s movement in Europe to influence the general public and European Institutions in support of women’s human rights and equality between women and men. We are the largest European umbrella network of women’s associations representing a total of more than 2000 organisations in all EU Member States and Candidate Countries, as well as 19 European-wide organisations repre- senting the diversity of women and girls in Europe. EWL envisions a society in which women’s contribution to all aspects of life is recognised, rewarded and celebrated - in leadership, in care and in production; all women have self-confidence, freedom of choice, and freedom from violence and exploitation; and no woman or girl is left behind. CREDITS CONTENTS EWL President GWENDOLINE LEFEBVRE Integrated Policies – Integrated Approach 04 EWL Secretary General JOANNA MAYCOCK Executive summary for Albania 18 Project Coordinator ASHA ALLEN Project Manager and Research Coordinator VALENTINA ANDRASEK Executive summary for Bosnia and Herzegovina 21 Researchers VALENTINA ANDRASEK (Regional Mapping & Methodology), Executive summary for Kosovo 24 KYLE DELBYCK (Bosnia and Herzegovina), Executive summary for the Former Yugoslav Republic of Macedonia 27 SAŠA GAVRIĆ (Kosovo), Executive summary for Montenegro 30 MEGI LLUBANI (Albania), BILJANA NASTOVSKA (The Former Yugoslav Republic of Macedonia), Executive summary for Serbia 33 MARIJA PETRONIJEVIĆ (Serbia), Executive summary for Turkey 36 MAJA RAIČEVIĆ (Montenegro), AYSE SARGIN (Turkey) Graphic Design FONTANA DESIGN - BRUSSELS Table 1 Milestones and achievements in policy and legislation in relation to VAW in the Western Balkans and Turkey 6-7 The EWL would like to give special thanks to the many knowledgeable women from across Europe who made valuable contributions to this report: Table 2 Domestic violence in the Criminal codes and specialised laws in the Western Balkans and Turkey 10 • The EWL members and EWL Observatory experts who provided invaluable feedback throughout the development of this report. Table 3 Alignment with articles 59, 60 & 61 of the Council of Europe Istanbul Convention 14 • All the participants interviewed across the region; for sharing your expertise, knowledge and recommendations for this project. • To all the women’s organisations who participated in the consultative meeting in Skopje, July 2018; for your collaboration, wisdom and solidarity. • To the EWL Secretariat, for your continued support. This report is dedicated to the women and girls of the Western Balkans and Turkey ©European Women’s Lobby, November 2018 WWW.WOMENLOBBY.ORG This publication was produced with the financial support of the European Union. Its contents are the sole responsibility of the European Women’s Lobby and do not necessarily reflect the views of the European Union. The content of this publication does not necessarily reflect the views of UN Women, its Executive Board or the United Nations Member States. The designations in this publication do not imply an opinion on the legal status of any country or territory, or its authorities, or the delimitation of frontiers. The text has not been edited to official publication standards and UN Women accepts no responsibility for error. Map disclaimer: The designations employed and the presentation of material on this map do not imply the expression of any opinion whatsoever on the part of UN Women concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. IC and CEDAW aim to cover a broad range violence as the most prevalent regionally. of violence against women and girls (VAWG), Additionally, this approach served to narrow INTEGRATED POLICIES – providing the most comprehensive legal the scope of the analysis regarding the im- tools thus far to combat VAWG. What be- plementation of CEDAW and the IC, which INTEGRATED APPROACH came evident during the initial analysis of are broad, wide ranging conventions, and the region was that there were certain forms enabled the provision of definitive regional Regional Analysis of Policies and Legislation on of violence, covered by these conventions, recommendations. Violence against Women and the Istanbul Convention that remain prevalent: specifically, intimate in the Western Balkans and Turkey partner violence (IPV) and sexual violence. The methodology employed was a formu- Most recently, there has also been a signifi- lation of a desk-based research alongside cant increase in the number of migrant and numerous extensive interviews with CSOs refugee women in the region, particularly across the region. Two questionnaires were taking into consideration the migrant crisis used: one for desk based research and one There is not a single country in the world where women that violence against women is a human of 2015. Migrant and refugee women often for conducting in depth semi structured in- are free from male violence, and there is not a single area rights violation; a form of discrimination exist at the intersection of different forms terviews. Both questionnaires were based in any woman’s life where she is not exposed to the threat against women; and a cause and a conse- of discrimination and are thus a vulnerable on the provisions of the IC as well as on or realisation of acts of male violence. Male violence against quence of inequality between women and group with an increased risk of violence. CEDAW Recommendations 35, 33 and 326. women knows no geographical boundaries, no age limit, no men. The Istanbul Convention (IC), opened The analysis aims to identify common re- class distinctions, no race nor cultural differences.1 for signature in May 2011, requires the State Civil society and inter-governmental organi- gional achievements and issues in the im- parties to take a holistic approach to vio- sations such as the United Nations and Coun- plementation of policies and legislation lence against women and domestic violence, cil of Europe have sought of late to emphasise related to VAW by focusing on some of the INTRODUCTION through proactively creating integrated pol- that VAW is both a cause and consequence of most burning issues and prevalent forms of icies with a set of comprehensive and mul- inequality between women and men and rep- violence experienced by women and girls in 1This mapping was carried out as part of the tidisciplinary measures to prevent violence resents a serious breach of women’s human the Western Balkans and Turkey. European Women’s Lobby (EWL) project “Re- against women (VAW), protect survivors and rights. Ratification of the IC or constitutional gional Forum for the Promotion and Moni- prosecute perpetrators. Its adoption in 2011 alignment with the provisions of CEDAW has The desk research included a literature re- toring progress of the Implementation of the represented a landmark decision at the occurred across the Western Balkans and view of relevant legislation, policies, and Istanbul Convention in the Western Balkans European level to prevent and protect wom- Turkey, thereby showing the regional ded- state, CSO and regional organisations’ re- and Turkey ” (the Regional Forum in short). en from male violence. ication to ending male VAW and Domestic ports. In each country, a specialist research The Regional Forum is part of the three-year Violence (DV). There have been significant consultant carried out the desk research UN Women Programme “Ending violence At UN level, the Committee on the Elim- achievements in the implementation of the and interviewed at least five women’s CSOs, against women: Implementing norms, Chang- ination of Discrimination against Women IC in recent years, but there are still areas of ensuring that women’s voices are repre- ing minds” which aims to end gender-based (CEDAW Committee) adopted General Rec- concern and space for improvement. Many sented throughout the report. The result is discrimination and violence against women in ommendation (GR) no. 35 on gender-based achievements and challenges are common to seven country reports detailing the achieve- the region of the Western Balkans and Turkey. violence against women, which builds on a countries across the region, creating the op- ments and challenges, as well as good The project encompasses the countries of Al- previous key document, GR no. 19. GR no. 35 portunity for relevant stakeholders to come practices and lessons learned in each of bania, Bosnia and Herzegovina, Kosovo2, the provides a strong reference and tool for ad- together and more effectively collaborate in the participating countries in relation to the Former Yugoslav Republic of Macedonia (FYR vocacy action for women’s organisations. combating VAWG and sharing best practices implementation of the IC and CEDAW. Each Macedonia), Montenegro, Serbia, and Turkey. Taking stock of the developments of the last as part of EU accession processes. country report contains recommendations The Regional Forum aims to establish region- 25 years, GR no. 35 reaffirms the UN com- for improvement in prevention, policies, al dialogue and a functional knowledge shar- mitment to a world free from violence for protection and prosecution of male violence ing mechanism