Integrated Policies – Integrated Approach

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

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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 representing 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 on the implementation and all women and girls. GR no. 35 defines gen- PURPOSE, SCOPE AND against women. monitoring of the Council of Europe Conven- der-based violence (GBV) against women as METHODOLOGY tion on Preventing and Combating Violence a social problem, requiring comprehensive against Women and Domestic Violence (the responses, and “one of the fundamental so- The present work will inform discussions at MAIN FINDINGS Istanbul Convention)3 and Convention on the cial, political and economic means by which the Regional Forum and act as a basis for Elimination of Discrimination against Women the subordinate position of women with re- developing concrete proposals for action Until recently, VAW was considered to be (CEDAW)4 among Governments, women’s civil spect to men and their stereotyped roles are at national and regional levels. Its purpose a private issue. It was not criminalised and society organisations (CSOs), regional institu- perpetuated”. Violence against women is was to take stock of the implementation of there were no policies prohibiting it. In the tions and other concerned stakeholders. “a critical obstacle to achieving substantive the IC standards and CEDAW. The research past decade, Governments in the region cov- equality between women and men, and is a was focused on several different forms of ered by the scope of the mapping, have ad- The Istanbul Convention is the first legally violation of women’s human rights. It man- male VAW: IPV, sexual violence and violence opted laws and strategies addressing VAW binding treaty in Europe that criminalises ifests itself on a continuum of multiple, in- against migrant and refugee women. The and gender inequality. The most significant different forms of violence against wom- terrelated and recurring forms, in a range of justification for focusing on these forms of improvements can be seen in the time peri- en and girls, emphasising and recognising settings, from private to public.”5 violence within the context of the analysis od between the signing of the IC in 2011 and was based on initial feedback from women’s its entry into force in 2014, as the table be- organisations who identified these forms of low demonstrates.

1 European Women’s Lobby Position Paper: Towards a Europe Free from All Forms of Male Violence against Women, 2010. 2 All references to Kosovo in this document should be understood in ful compliance with the United Nations Security Resulution 1244.

3 Text of the Convention available at https://www.coe.int/en/web/istanbul-convention/text-of-the-convention Integrated Policies – Approach 4 Text of the Convention available at http://www.un.org/womenwatch/daw/cedaw/text/econvention.htm 6 CEDAW GR No. 35 on gender-based violence against women, updating GR No. 19; CEDAW GR No. 33 on women’s access to justice; CEDAW GR No. 32 4 5 CEDAW GR No. 35, art 6 and 10 https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/1_Global/CEDAW_C_GC_35_8267_E.pdf on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women. 5 YEAR ALBANIA BIH KOSOVO FYR MACEDONIA MONTENEGRO SERBIA TURKEY

Law on Protection from Discrimi- DV – Law on Protection from Family Law No.03/L-182 on Protection against Law on Prevention of 2010 nation, creating Commissioner for Violence and introduction of victims’ Domestic Violence. Discrimination and Protection. protection from discrimination. protection measures. 1st national strategy relat-

nd ed to DV. 2nd National Strategy and Action 2 National Strategy on protection Plan for Gender Equality Reduction from DV 2011-2015. Introduction of the First Strategy and Action Plan against multi-agency concept. of GBV and DV 2011-2015. National government signed General Protocol on institutional 2011 Domestic Violence for the period 2011- Istanbul Convention signed. the Istanbul Convention. conduct in DV cases. Protocols on institu- National Referral Mechanism and 2014. National Centre for Treatment of Law on free legal aid. tional conduct in DV Victims of DV established. cases, local multi-agen- Istanbul Convention signed. cy Memorandums on Cooperation. 2nd Law on Equal Istanbul Convention ratified. Code 04/L-082 Criminal Code of Opportunities of Women and Law No. 6284 on the Kosovo, on which criminal prosecution Men enacted. Protection of Family and Revision of Republika Srpska of GBV is based. 2nd National Strategy for Prevention of VAW came Law No.23/2012 Introduced the Law on Domestic Violence to Appointment of the Co-ordinator Prevention of and Protection into force. 2012 offence of Domestic Violence in the bring it in line with interna- against DV. from Family Violence 2012- Albanian Criminal Code. Violence Prevention and tional standards. Administrative Instruction No.12/2012 2015 enacted. Monitoring Centres intro- for Psychosocial Treatment of 1st National strategy for duced in 14 pilot provinces. Perpetrators of DV. gender responsive budgeting NAP on Combating VAW 2012-2017 enacted. (2012-2015) is enacted. 1st national Assessment of Istanbul Convention ratified. Ratification of the Istanbul court proceedings in DV cas- Convention. Administrative Instruction No.02/2013 Law on Legal Aid for survivors of DV. es, with specific focus on as- on Treatment to Perpetrators of DV. Istanbul Convention 2013 Changes to the Criminal Code Revision of Federation BiH sessing the case management Istanbul Convention ratified. updating and introducing sexual Law on Domestic Violence to Standard Operating Procedures for from gender perspective. ratified. bring it in line with interna- Protection from DV. violence, stalking, forced marriage Strategy for gender equality tional standards. and sexual harassment. 2013-2020 enacted. NAP on gender equal- Law on prevention, combat- ity 2014-18 is enacted. Istanbul Convention entered into Istanbul Convention en- 2014 ing and protection from DV Nationwide ‘Research force. tered into force. enacted. on DV against Women in Turkey’ conducted. Several by-laws to the Law Changes of the Criminal Code- in- BiH Framework Strategy on 2015 Law 05/L-020 on Gender Equality. on prevention, combating and troduction of restraining and eviction Implementing the IC 2015-2018. protection from DV enacted. orders, but only upon conviction. NAP on Combating VAW 2nd Strategy on Protection from National strategy for equality (2016-2020)’ introduced. 3rd National Strategy on Gender National Strategy on protection 2016 Domestic Violence and Action Plan for and non-discrimination 2016- Equality and Action Plan 2016-2020. from DV 2016-2020. Provincial Action Plans for the period 2016-2020. 2020 enacted. Combating VAW introduced in 26 pilot provinces. Changes to the Criminal Code – Albanian Parliament Resolution partial compliance with the IC. on condemning violence against Amendment of RS CC to First GREVIO evaluation of Government of Turkey sub- women and improving legal mech- Istanbul Convention ratified by Law on Prevention from 2017 include more sexual violence Montenegro; establishment of the mitted its baseline report anisms for its prevention. the national parliament. Domestic Violence. offences, in line with the IC. Coordination Body for monitoring IC. to GREVIO. Government of Albania submitted its baseline report to GREVIO. Government of Montenegro submitted its baseline report to GREVIO. Istanbul Convention entered NAP on women’s em- Law No.47/2018 on some sig- into force. Establishment of the Operational Establishment of Brčko Government of Serbia powerment 2018-2023 is nificant changes to the Law on NAP for implementation of Team for combating VAW and DV. 2018 District multi-sector referral submitted its baseline enacted. Measures Against Violence in the IC 2018-2023 prepared. GREVIO publishes evaluation report protocol. report to GREVIO. GREVIO publishes evalua- Family Relations. for Montenegro. NAP for gender equality 2018- tion report for Turkey. 2020 prepared.

Table 1 Milestones and achievements in policy and legislation in relation to VAW in the Western Balkans and Turkey. 7 Despite many achievements in each coun- gender equality strategies and action plans. Male Intimate Partner Violence try, there are gaps between the normative Although these documents use definitions of frameworks, formal commitments (shown VAW in line with article 3 of the IC, a com- The definition of ‘domestic violence’ in The proportion of women affected by by ratification of the IC and many legislative mon regional issue is the lack of recogni- the Article 3 of the IC includes “all acts of domestic violence improvements), and the implementation of tion of the structural causes of VAW and the physical, sexual, psychological or economic laws and policies, and concrete action taken societal power imbalance between women violence that occur within the family or do- to end VAW. and men that are at the root of this human mestic unit or between former or current rights issue. Within all the focal countries, spouses or partners, whether or not the per- most measures, laws, and bylaws are direct- petrator shares or has shared the same res- 42% 36% Integrated Policies ed at combating DV and are gender neutral. idence with the victim.” These acts include both IPV and intergenerational violence Turkey and five Western Balkan coun- Violence against women is addressed as a within the family. 95% of all violent acts in tries ratified the Istanbul Convention be- form of violence within the family, which in- the home are male VAW.8 For the purpose tween 2011 and 2014, with Serbia and FYR cludes intergenerational violence, resulting of this report, we looked specifically at VAW Montenegro Turkey Macedonia making reservations to articles in the lack of gender-segregated data and perpetrated by a former/current spouse/ (physical violence) 30 and 44 (both), and 35, 55 and 59 (only FYR contributing to the secondary victimisation partner/boyfriend irrespective of whether Macedonia)7. All countries are also party of female survivors because of the lack of the couple ever lived together. In research- to the CEDAW Convention. Since it is not a gender sensitive policies, laws, protocols, ing this phenomenon, we encountered an is- member of the United Nations or the Council and implementation. This approach is part sue common across the region and the EU, 50% 68% of Europe, Kosovo could not ratify either con- of family oriented policies in the region, in that there is not enough available compa- vention, but its Constitution guarantees the which tend to favour maintaining the fam- rable gender segregated data. direct application of CEDAW and places the ily unit, even at the expense of individual Convention’s authority above national legis- women’s safety. While it is commendable There has been some improvement in relation. Article 7 of the IC requires the parties that NAPs and strategies related to at least cent years in data collection. For example, to implement state-wide comprehensive some forms of VAWG exist in all the target the Institute on Statistics in Albania pub- Albania Kosovo integrated policies to prevent and combat countries, more should be done to ensure lishes a yearly report with gender-segre- all forms of VAWG and to offer a holistic that there are sufficient financial and human gated data on GBV, based on the data from response to such violence. The manifesta- resources to implement the proposed mea- police authorities. Courts and the Ministry tions of this integrated approach are na- sures (article 8 of IC). of Justice in Albania also publish data on tional action plans (NAPs) and/or strategies DV, but they are not gender-segregated. In addressing all forms of VAWG, with specific Kosovo and FYR Macedonia, the police and measures and allocated financial resources. different authorities collect gender-segre- To ensure the effectiveness of these NAPs gated data on the victims of reported DV, 95% of all violent acts in and strategies, they need to include plans but no information is available about the the home are male violence for monitoring and reporting. The report in- relationship between the survivors of vi- against women. deed found that all countries have policies olence and perpetrators. In Montenegro, addressing different forms of VAW. Bosnia there is official gender-segregated data, and Herzegovina has a Framework Strategy but this does not include the relationship on the Implementation of the Istanbul between victim and perpetrator or the type Convention (2015 – 2018), Turkey has a of violence. The Serbian judiciary collects Turkey by Hacettepe University Institute of National Action Plan on Combating Violence data on all criminal acts, but the data is Population Studies in Ankara and financed against Women (2016 – 2020), and FYR not gender-segregated. In Turkey, the data by the former Ministry of Family and Social Macedonia is currently in the final phase of is collected by the Ministry of Justice, the Policies. These surveys show that DV is a preparation of the National Action Plan for police, and the gendarmerie. However, the serious issue, affecting 42% of women in Implementation of the Istanbul Convention. police records are not made public and the Montenegro, 36% in Turkey (physical vio- Kosovo and Montenegro have strategies for criminal justice statistics do not separate DV lence), 50% in Albania and BiH, and 68% in protection from DV and Albania and Serbia from other criminal acts. All the countries, Kosovo.9 have policies addressing VAW within their except FYR Macedonia and Serbia, have conducted national surveys on DV and/or VAW, The IC stipulates that all forms of VAWG and which were carried out mostly by women’s DV should be criminalised. When it comes to CSOs and international organisations. In male IPV, all the countries have addressed This approach is part of family oriented policies Albania, the survey was carried out by the the issue in their legislation, both in criminal in the region, which tend to favour maintaining State Institution of Statistics INSTAT and in codes and special laws. the family unit, even at the expense of individual women’s safety.

Integrated Policies – Approach 8 European Women’s Lobby Position Paper: Towards a Europe Free from All Forms of Male Violence against Women, 2010. 8 7 https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/210/declarations?p_auth=4ebx9lxL 9 For more detailed information, please see the full country reports. 9 CRIMINAL CODE SPECIAL LAWS As seen in the table above, the countries in The right of the father to have custody of or Domestic violence punishable with up to 2 Law on Measures against Violence in Family the region have opted for several different contact with the children is prioritised over the years. Relations (2006), defining all types of domestic ways to address DV in their legislation. All ALBANIA right of women and children to safety, which is violence according to IC, containing protection countries have a specialised law on domes- Stalking and murder in intimate partnership an endemic issue regionally. punished as aggravated offence. orders and emergency protection orders. tic violence. Montenegro and the Republika Srpska have misdemeanour laws on DV, The FBIH Law on Protection from Domestic while the Federation of BiH and the oth- In both constitutional entities of BiH; the Violence (2013) contains protection measures. er five countries have civil laws on DV, fo- results in a lack of understanding of the issue Republika Srpska and the Federation of The RS Law on Protection from Domestic cusing more on protection measures and of VAWG and DV and its connection to gender BIH Bosnia and Herzegovina, violence in the fam- Violence (2012) proscribes domestic violence prevention of violence. Turkey is the only inequality and gender stereotypes. ily is specifically prohibited, punishable by a as a misdemeanour, providing for protection country with legislation - Law No. 6284 – fine or up to 2 (RS) or 3 (FBIH) years in prison. measures and sanctions of up to 60 days in jail. that protects not only survivors of DV, but The research uncovered a number of prob- also survivors of all forms of VAW, making lems when it comes to implementation of For some offences (Light bodily injury; it the most aligned with the IC. The Serbian VAW and DV laws: grievous bodily injury; kidnapping, coercion, DV law (2017) has detailed procedures for Law on Protection from Domestic Violence unlawful deprivation of liberty, holding of a multi-agency cooperation, long term safety • Although all countries commendably have (2010), a civil law, containing protection KOSOVO person in slavery, slavery-like conditions, planning, and sanctions for officials who fail both emergency and long-term protec- measures, emergency measures, temporary and forced labour), if the criminal offence is to apply the law. Interviewed experts from tion measures, there is often no serious emergency protection measures. committed in a domestic relationship, then women’s CSOs have hopes that this law will consequence for perpetrators who violate the sentence is increased. bring better protection for women survivors these measures. Furthermore, in some of DV. Albania has commendably recently cases the needs of the perpetrator take Family violence refers to abuse, rude insults, amended its DV law to include protection for precedence over the needs of the survivor. safety threats, inflicting physical injuries, women who have never lived with their per- For example, the perpetrator may not be sexual or other mental and physical violence petrators. It is particularly worth noting that evicted from the house because he has which causes a feeling of insecurity, threat Law on Prevention, Combating and Protection all countries provide for protection mea- nowhere to go. or fear towards a spouse, parents or children from Domestic Violence, containing protec- sures and emergency orders, in line with ar- MACEDONIA or other persons who live in a marital or ex- tion measures, emergency measures, tempo- ticles 52 and 53 of the IC. • Very few perpetrators receive prison tra-marital union or other joint household, as rary emergency protection measures. sentences. In most cases, they receive well as towards a former spouse or persons The criminal codes vary a great deal across suspended sentences, which is not a suf- who have a child together or have close per- the region with respect to criminalising acts ficient deterrent and does not foster pre- sonal relations. of DV and VAW. Albania, BiH, FYR Macedonia, vention of further violence. Montenegro, and Serbia have separate acts Law on protection from Domestic Violence of DV in their criminal codes. Some domes- • High staff turnover and heavy workloads (2010), a misdemeanour law, ensuring pun- tic legislation also evidences good practice prevent officials from gaining the neces- According to article 220, domestic violence ishment of ten to sixty days in prison and fines by defining criminal acts committed within a sary expertise in cases of DV. There is a MONTENEGRO is punishable by a fine or up to 12 years in of three to twenty times the minimum wage, domestic relationship as an aggravated cir- need for more consistent gender sensitive prison, depending on the severity. and both emergency and long-term protection cumstance in line with article 46 of the IC, training on the issue of male IPV, its caus- measures and multi-sectoral cooperation. with Kosovo having the highest number of es and consequences, and how to work acts constituting aggravated circumstanc- with women survivors of violence. Law on Prevention from Domestic Violence es if committed in domestic relationships. In Art 194 The use of violence, threat to attack (2017), containing emergency and long term Turkey, aggravated circumstances are only • Public officers were found to not always the life or body, or impudent and negligent protection measures and introducing multi present in case of felonious homicide and perform their duties fully and not apply SERBIA behaviour jeopardizing the serenity, physi- agency cooperation, central database of per- felonious injury against antecedents, de- the principle of due diligence in investigat- cal integrity or mental condition of a family petrators and sanctions for public servants scendants, wife and siblings, and not against ing and punishing acts of VAW. member. who do not follow the rule of law. extra-marital partners or ex-wives/partners. However, for the most part, there is a need for • Legal procedures are often long and Domestic violence is not a separate crime. further alignment with the IC in all countries leave women unprotected throughout the ’Felonious homicide; felonious injury; torment; to ensure that all forms of VAW are criminal- process. threat; blackmail; deprivation of liberty; viola- ised and aggravated circumstances used. tion of the immunity of domicile; prevention of Law No. 6284 (2012) As the detailed country-by-country reports communication; damage to property; ill-treat- While all the countries have legislation ad- highlight, across the region there is no evi- TURKEY10 On the Protection of Family and Prevention of ment of a person sharing the same dwelling Violence against Women, a civil law contain- dressing DV, there is a persistent gap be- dence that DV is taken into account during di- as the perpetrator. Aggravated forms are only ing protective and preventive measures. tween the normative framework and imple- vorce proceedings. The right of the father to available for homicide (including when com- mentation. The analysis conducted unearthed have custody of or contact with the children mitted for reasons of traditions and customs), many issues in the region. The combination is prioritised over the right of women and injury, torment and deprivation of liberty. of gender-neutral legislation11 and traditional children to safety, which is an endemic is- social norms rooted in patriarchal structures sue regionally. There is no risk assessment Table 2 Domestic violence in the Criminal codes and specialised laws in the Western Balkans and Turkey.

10 Other criminal acts that are related to VAWG in Turkey are: soliciting or encouraging another person to commit suicide, defamation, breach 11 EIGE: Gender-neutral legislation is legislation that is drafted in universal terms, ignoring gender-specific situations and power relations Integrated Policies – Approach of obligations conferred upon by family law (including abandoning pregnant wife or partner); multiple or fraudulent marriage; sexual assault; between women and men, that underpin sex and gender-based discrimination, including gender-based violence against women, 10 sexual abuse of children; sexual intercourse with minors; sexual harassment; genital control without the decision of judge and prosecutor. https://eige.europa.eu/rdc/thesaurus/terms/1192 11 at civil courts during divorce procedures. The proportion of women who experienced consent, leaving room for different interpre- sure sustainability. The examples from FYR Mediation and reconciliation are liberally sexual violence tations. The IC further requires the states Macedonia and Serbia could be replicated in used even though the IC explicitly prohibits to punish the perpetrators of rape commit- the other countries in the region as well. it. There is still social pressure to maintain ted in marriage or a similar partnership. the family unit, and most institutions try to Marital rape is explicitly criminalised only in This research also looked at conflict re- encourage women to reconcile for the sake 30% 6% 11% Turkey and Albania, while in the other coun- lated sexual violence (CRSV) in Bosnia and of the family. Institutions usually permit the tries it can be prosecuted under the criminal Herzegovina and in Kosovo. Both countries perpetrator of violence to pursue contact codes. In Montenegro and Turkey, marital have taken significant steps in providing rep- with the child, which results in women being rape can only be prosecuted on the basis of arations to women survivors of sexual vio- forced to continue meeting with and expos- a private complaint from the survivor, plac- lence perpetrated during the conflict in the ing themselves to these perpetrators. Due Albania BiH Kosovo ing an undue burden on women survivors of region in 1990s. Kosovo legally recognised to its prevalence, in some countries (e.g. marital rape to carry out the investigation women survivors of sexual violence during Serbia) efforts are being made by women’s and prosecution of the perpetrator. the 1998-1999 conflict as civilian victims CSOs to raise public awareness concerning of war and has founded the Government femicide (as the most drastic manifestation 7% 7% 12% The authorities do not always take reports of Commission to Recognise and Verify of male VAW) in order to, based on its mo- sexual violence seriously; “victim blaming” Survivors of Sexual Violence, which started tive, criminalise it formally as a special, gen- occurs in the investigation as well as inap- operating in February 2018. In BiH, there der-based hate crime resulting in homicide. propriate questions about the survivor’s has been improvement in recent years in sexual history, although such evidence is the criminal prosecution of CRSV and more Many specialised services are provided by Montenegro Serbia Turkey prohibited by article 54 of the IC. Questions women have reported such acts. However, women’s CSOs, although not in all coun- regarding the survivor’s prior sexual expe- there is no state-wide reparation scheme. tries. These include shelters, counselling riences are explicitly prohibited only in BiH In both countries there is still considerable centres, psychological support and legal and FYR Macedonia, but there are gaps that social stigma that prevents women from re- aid. However, even though these organisa- leave these provisions open to interpretation. porting and testifying about these crimes. tions provide valuable services, they are not Without a strong system of accountability and Of great importance is the women CSOs-led adequately supported by the states; they of sexual violence due to social stigma and sanctions for officials who fail to exercise due regional initiative, the Women’s Court, which lack both the human and financial resourc- the culture of silence.14 Across the Western diligence in cases of VAW, violations of cer- brings together women’s organisations and es to carry out their important work. There Balkan region and Turkey, it is evident that tain legal provisions are likely. An example of women survivors of CRSV. The Court holds is some support for women’s shelters. For services for women survivors of sexual vio- good practice is FYR Macedonia’s multi-sec- informal sessions in which women testify example, in BiH, the shelters are slated to lence are scarce and that this very serious toral protocol for cases of sexual violence, about their experiences. This initiative has receive 100% of their funding from the state crime is still underreported and considered which ensures that survivors can be inter- contributed to raising awareness about the and entity governments, however, shelters taboo. We found very little data on the prev- viewed only once and protected from en- issue and in supporting women coming for- received only a portion of the funding. In alence of sexual violence against women in countering the perpetrator. Further training ward, reporting violence and testifying.16 Kosovo, the funding for the shelters is often the target countries. A survey in Albania15 of the police is necessary to ensure full im- delayed, which caused temporary closure of showed that as many as 30% of women had plementation, but as a best practice, this is a several shelters in 2017.12 The states provide experienced sexual violence, compared to good model for the region and Turkey. funding for the services that are run by the 6% in BiH, 11% in Kosovo, 7% in Montenegro, Services for women survivors of sexual state, but there are complaints about these 7% in Serbia and 12% in Turkey. These dif- Services for women survivors of sexual vio- violence are almost non-existent in the region. services, including the staff misinforming ferences could be due to different methodol- lence are almost non-existent in the region. women about their rights. ogies used for prevalence surveys as well as FYR Macedonia is the only country that pro- stigma and a culture of silence surrounding vides such services, with three newly opened Violence against Migrant and sexual violence. sexual violence referral centres. Another Refugee Women Sexual Violence against Women good model is a pilot project in Serbia, where Article 36 of the Istanbul Convention oblig- there are seven Centres for Victims of Sexual The 2013 EWL barometer study on rape in es state parties to criminalise sexual VAW, Violence as part of hospitals in Vojvodina that The refugee crisis in 2015 resulted in an in- the EU found that official data on sexual vi- including rape, so that a lack of consent is provide help to women survivors of sexual crease in the number of refugees and the olence in Europe is difficult to find and that enough to prove the crime of rape. This anal- violence. This project “Stop-Protect-Aid to- creation of the so-called Balkan route. The surveys on VAW rarely look at this issue.13 ysis found that legislation was aligned with wards a Stronger Institutional Response to countries that were most affected by this The Fundamental Rights Agency 2012 sur- this requirement only in Kosovo and partial- Gender-Based Violence in the Autonomous increase were FYR Macedonia, Turkey, and vey on violence against women found that ly in Montenegro, while in Albania, BiH, FYR Province of Vojvodina” is particularly strong Serbia. At one point there were 920.000 on average 11% of women in the EU have Macedonia, and Serbia, the use of force or because it is based on cooperation between refugees17 passing through Serbia and experienced sexual violence since the age the threat of force is required to prove rape. the Provincial Secretariat for Healthcare and 10.000 refugees entering FYR Macedonia of 15. The results range from 4% in Portugal In Turkey, although there is no requirement a women’s CSO. However, as this is a pilot daily18. Turkey alone has over 3.5 million to 19% in Denmark, indicating that there are for the use of force, legislation also does not project, funded by UN Women Trust Fund, it Syrian19 refugees, as well as approximate- perhaps differences in reported experiences stipulate that rape can be based on a lack of needs the support of local authorities to en- ly 300,000 asylum seekers and refugees

12 Interview with women’s CSOs, for more detailed information, please see the full report on Kosovo. 13 European Women’s Lobby 2013 Barometer on Rape – Report: https://www.womenlobby.org/2013-EWL-Barometer-on-Rape-Re- 16 Women’s court http://www.zenskisud.org/en/ port?lang=en 17 EC, (2018) http://ec.europa.eu/echo/where/europe-and-central-asia/serbia_en

14 http://fra.europa.eu/en/publication/2014/violence-against-women-eu-wide-survey-main-results-report 18 http://data2.unhcr.org/en/situations/mediterranean Integrated Policies – Approach 15 A new national survey is being implemented in Albania by INSTAT with the support of UN Women and UNDP, providing data on all forms of 19 TC İçişleri Bakanlığı Göç İdaresi Genel Müdürlüğü, Yıllara Göre Geçici Koruma Kapsamındaki Suriyeliler, 12 violence against women, including sexual violence. http://www.goc.gov.tr/icerik3/gecici-koruma_363_378_4713 (accessed October 25, 2018). 13 from other20 countries. However, recently BiH, against women in claims for asylum (article created a standard operating procedure for in Turkey stopped the passing of a law that Montenegro and Albania have also seen an 60) and apply a principle of non-refoulement screening for cases of violence in crisis, in- would permit lenience for rapists who marry increase in refugees. The IC obliges parties with respect to GBV: that is, to not return wom- cluding among migrant and refugee women. children they have raped or sexually abused. to ensure that autonomous residence permits en to their countries of origin if they would be are granted to women whose residence is de- subjected to GBV (article 61). The following The IC acknowledges the vital importance of pendent on their spouses in cases of IPV (arti- table shows the extent to which the target Women’s Civil Society Organisations women’s civil society organisations in Arti- cle 59). The parties should also consider GBV countries are aligned with these articles: cle 9, requiring state parties to “recognise, Progress in ending VAW would not be possi- encourage and support, at all levels, the ART 59 ART 60 ART 61 ble without women’s civil society organisa- work of relevant non-governmental organi- tions. Throughout the region, we have found sations and of civil society active in combat- ALBANIA No No No that women’s CSOs play a key role in imple- ing violence against women and establish menting and monitoring the implementation effective co-operation with these organisa- PARTIALLY of the IC and CEDAW. Women’s organisations.” Article 8 further requires the states BIH VAW is not a ground for granting autonomous resi- Yes No tions challenged the silence and taboo of all to provide financial support to women’s dence, but it may be obtained if other conditions exist.21 forms of male VAW and have made it a pub- CSOs, and Article 13 compels them to work lic instead of a private issue. with women’s CSOs in raising awareness of PARTIALLY VAW among the public. KOSOVO Autonomous residence can be granted to a woman Yes Yes CSOs provide specialised services to wom- in case of divorce, but IPV is not taken into account. en survivors of all forms of male violence Despite the key role women’s CSOs play in and advocate for women’s rights and against ending VAW, their decades of dedicated work PARTIALLY VAWG. In the past two decades, these organ- and expertise, adequate support from the isations have opened and developed shel- governments is missing. For the most part, MACEDONIA VAW is not a ground for granting autonomous Yes Yes residence permit, but may be granted if the family ters, counselling centres, SOS helplines, and women’s CSOs reported that states in the reunification lasted at least 3 years. psychological and legal support services, region see them as sources of information even before legislation for the protection of and providers of services, and not as equal PARTIALLY women was in place. In Montenegro, for ex- partners, especially in policymaking. ample, women’s CSOs still provide the only MONTENEGRO Autonomous residence permit can be granted if a Yes Yes marriage lasted for at least 3 years or for humani- specialised services for women. They have Funding from the state is very scarce and tarian reasons that include victims of DV. campaigned for legislative changes and im- rarely provided: a systemic issue within the provements and have worked on raising Western Balkans and Turkey. Funding is PARTIALLY awareness. As in Albania, 20.000 women limited to service provision, but even that SERBIA Independent permit can be granted to women if Yes No campaigned and succeeded in advocating for is partial and irregular. There are some they have lived in the country for at least 4 years or Parliament to accede to the IC. In Kosovo, good initiatives, such as an SOS helpline in if there are grave circumstances. women’s organisations have consistently Montenegro that receives 50% of its funding advocated for redress for women survivors from the state, or legislation on shelters in PARTIALLY of CRSV, succeeding in changing the Law on BiH that provides that 100% of the funding TURKEY No Women can be placed in PARTIALLY the rights of civilian victims to include wom- should come from the state and entities. a special needs group. en as civilian victims of conflict. Women’s However, although legally enshrined, this CSOs in Kosovo also successfully advocat- provision is not implemented, with shelters Table 3 Alignment with articles 59,60 & 61 of the Council of Europe Istanbul Convention. ed for recent changes to the Criminal Code, often receiving only a fraction of the fund- making sexual harassment a punishable act. ing. The Kosovo government also supports In BiH, women’s organisations have led the women’s CSO-run shelters, but the failure

21As the table shows, the greatest achieve- provide adequate services to women. For the process of ratification and implementation of to provide the necessary funding resulted in ments have been made in implementation of most part, women may receive food, clothing, the IC, participating in the creation of strate- most shelters temporary closing down at the article 60, while the biggest challenges still and basic medical services, although this was gies for implementation. The Official GREVIO end of 2017. Albanian authorities recently exist in relation to article 59. Besides im- not the case when there is a high number of State report for Serbia acknowledges the supported the CSO-led opening of a 24-hour plementing appropriate legislative frame- refugees. Specialised services for women women’s CSO network as having “immea- SOS helpline by providing partial funding. works, states should institute other forms are missing; cases of violence and sexual surable importance in the building of the of support for migrant and refugee women. harassment largely go unreported because legal and strategic framework to prevent For other vital activities of women’s CSOs Articles 24 and 33 of CEDAW GR no. 32 re- women are afraid of deportation, and even and eliminate violence.”22 Women’s CSOs there is almost no funding. Women’s organ- quire the states to provide a number of ser- when reported, alleged crimes are some- isations are funded primarily from foreign vices to migrant and refugee women, includ- times not investigated because the authori- donors and there is a concern about what ing accommodation, education, health care, ties find it hard to investigate within a large will happen when these donors leave the food, clothing and social services. The analy- concentration of people. There is no gender Women’s CSOs play a key role region. In some countries, larger central- sis found that the countries were unprepared sensitive screening except in the positive ex- in implementing and monitoring ly located women’s organisations can raise for the increase in refugees and could rarely ample of FYR Macedonia, which has recently the implementation of the IC and foreign funds, but the smaller ones do not have this capacity so they receive part of CEDAW. their funding from the larger organisations.

20 UNHCR, Turkey’s Monthly Statistics as of January 2017, http://www.unhcr.org/tr/wp-content/uploads/sites/14/2017/02/eng(67).pdf

(accessed October 25, 2018). Integrated Policies – Approach 21 According to the Law on Asylum: if the woman has custody over a child, if she has had residence permit in more than 3 years, if the husband 14 dies or if there are (undefined) «humanitarian grounds.» 22 Official GREVIO report for Serbia 2018. https://rm.coe.int/grevioinf-2018-9/16808c1a4e 15 In terms of cooperation with the govern- traffickers, and even public servants. In Integrated policies allow for the achieve- Women’s CSOs can support governments ments in implementing and monitoring the Turkey, nine women’s CSOs were shut down ments made by governments and institu- in creating effective integrated policies and implementation of the IC, more needs to be by a statutory decree during the state of tions in the region to be more impactful. legislation. Most importantly, they have the done to include the women’s CSOs. They are emergency in 2016. The activists also faced They allow the development of sustained trust of women survivors of male violence and rarely part of working groups for writing laws hate speech following their activities to con- cooperation and maximise on existing re- empower them. They provide services, train and policies. There are positive examples demn sexism and VAW.24 The freedom and sources, such as the expertise and experi- other service providers and responsible pro- in Kosovo, where the larger organisations safety of human rights defenders needs to ence of women’s organisations. fessionals, such as police, centres for social are invited to take part in consultations, and be ensured so that women’s CSOs can con- welfare, judges, prosecutors, and medical there has been a noticeable improvement tinue their work on ending VAW. This regional mapping process shows that professionals. Whenever governments in the in FYR Macedonia with women’s CSOs in- much progress in the prevention of and region recognised women’s CSOs as equal, creasingly consulted. In Albania, the National Finally, three countries (Albania, Montene- protection from VAWG over the past two de- expert partners and established cooperation, Council on Gender Equality includes three gro, and Turkey) have already undergone a cades was driven by the women’s movement the result was a better system of response to members of civil society, and women CSOs GREVIO process, while Serbia is undergoing and achieved through cooperation between VAW, improved policies, enhanced laws and are often invited in hearing sessions in par- it this year. In all these countries, women’s governmental institutions and women’s more successful implementation of the IC and liament. They were also largely responsible CSOs produced shadow reports that greatly CSOs. Women’s CSOs have consistently CEDAW. Henceforth, it is evident that wom- for the design of the law on gender equality. helped GREVIO evaluate the implementation lobbied for better laws and more protection en’s CSOs are an invaluable resource and ex- In Montenegro, women’s CSOs are now a part of the IC. The inclusion of a shadow-report- for women survivors of violence. They have perienced ally in combating male VAW, imple- of the operational team on DV. For the most ing process is of great significance as it in- raised awareness, which has had a long- menting services, and monitoring progress. part, however, women’s CSOs are marginal- dicates the necessity to involve all relevant term impact on slowly changing harmful ised as stakeholders, even as part of work- stakeholders and provides an opportunity and discriminatory attitudes towards wom- Based on this present analysis, the European ing groups, they constitute a small minority. for the collection of much needed disaggre- en in society. Women’s CSOs have contin- Women’s Lobby and the associated research Since women’s CSOs represent the voices of gated data. The governments of Albania and ually assisted government institutions and provide the following regional recommenda- the women whom the laws and policies are Serbia acknowledged the work of women’s initiated the first dialogue between stake- tions in order to improve the implementation meant to protect, they should at the very least CSOs in their official reports, but the process holders, which led to the establishment of of the IC and CEDAW and to foster greater col- have equal participation in the decision-mak- of monitoring and reporting could be great- referral and identifying mechanisms. laboration between women’s CSOs, govern- ing when it comes to implementation and ly enhanced if the governments increased ments, and regional institutions: monitoring of legislation and policies. A wor- their efforts at cooperation with and support risome trend in the region is opening of the for women’s CSOs. In the months following so-called GONGOs (government-organised the GREVIO monitoring process, women’s RECOMMENDATIONS non-governmental organisations), which organisations within all relevant countries tend to both pull funding from the states and have provided in depth feedback on how the • Create National Action Plans and Strategies for im- • Support the opening of women’s shelters, counsel- serve as civil society participants in working process can be improved: concretely, with plementation of the Istanbul Convention; which in- ling centres, sexual violence referral centres and groups and decision-making bodies, despite the increased efforts of governments in co- clude specific measures that should be adopted for rape crisis centres run by independent women’s the fact that they lack the experience or ex- operating with and supporting women’s CSOs all forms of violence against women, that ensures and feminist CSOs. pertise of independent women’s civil soci- across the region. Women’s CSOs are an in- obligations for the allocation of financial/human re- ety organisations. A Shadow NGO report for valuable source of not just information on the sources, and that adopts a gender sensitive, inte- • Provide continuous and sufficient funding for indepen- Turkey notes that ‘the state clearly gives issue of violence against women and the actu- grated approach, ensuring that the survivor’s needs dent women’s CSOs, transparently through national preference to GONGOs when it is a matter of al experience of women, but also of expertise are at the centre. action plans both for service provision and advocacy working together, leaving the independent on best practices in combating VAW and DV. work, while ensuring the autonomy of their work. women’s movement out of the loops of com- • Criminalise all forms of violence against women in munication and collaboration.’ 23 the Criminal Codes. These should be punishable • Formalise cooperation and support through signing Conclusion regardless of the relationship of the woman to the bilateral state agreements to acknowledge regional Women’s CSOs across the region felt, for perpetrator so as to include women who have never partnership on implementation of the IC. the most part, safe to speak up and express The achievements and challenges identi- lived with their partners/boyfriends. their opinions, but that their views were fied demonstrate a need to establish an in- • Include women’s CSO experts in the work of various rarely taken seriously or into consideration. tegrated approach to tackling VAW and DV, • Criminalise all forms of sexual violence against government bodies/committees dealing with VAW. There were instances, however, of women’s ensuring that women survivors of violence women in the Criminal codes, making sure to align CSOs not feeling safe. In Serbia, half of in- are at the centre of the response to violence, definitions of sexual violence with the IC, so that • Ensure transparency in processes of legislative change terviewed women’s CSO activists reported prioritising their safety and well-being in all lack of consent is enough to prove sexual violence, by organising public debates on legislative reform, being attacked by perpetrators of violence, matters and procedures. The implementa- regardless of the use/threat of force. Statutes of providing online streaming of all debates and ensuring tion of integrated policies, including NAPs limitation should be without limit to ensure that all a broad representation of different stakeholders. A Shadow NGO report for Turkey notes that ‘the supported by resource allocation as well as women can seek justice for sexual violence they state clearly gives preference to GONGOs when legislation aligned with the IC and CEDAW, survived as children. • Recognise independent women’s CSOs as equal form the basis for an integrated approach, partners in policy development and implementation. it is a matter of working together, leaving the which also includes protection, prosecution, • All mandatory service providers (police, centres for independent women’s movement out of the loops of prevention and service provision, all in co- social care, judges, prosecutors, health profession- • Set up formal criteria for developing dialogue and communication and collaboration.’ operation with all the relevant stakeholders. als) should implement risk assessment and safety monitoring implementation of the IC, including crite- planning. ria for participants based on expertise and experience in work to end VAWG and achieve gender equality.

23 Istanbul Sözleşmesi Türkiye İzleme Platformu, Shadow NGO Report. 16 24 For more detailed information, please see the full report on Turkey. https://rm.coe.int/turkey-shadow-report-2/16807441a1 17 The definition of violence in the Albanian leg- Sexual Violence. Sexual violence is the most islation is not fully in line with IC as it uses the underreported and least studied of all types word and when listing the types of violence of VAW. A significant shortfall in the legis- forming the ground for prosecution, which lation is that proof of the use of force is re- could be interpreted as requiring the existence quired to prove sexual violence, rather than of all types of violence, listed as the basis for the lack of consent, which is in contradiction prosecution. While psychological violence is with article 36. Such an approach leads to extremely widespread, it is also under-pros- the inability of women to access justice and ecuted. The Criminal Code (CC) is not fully in overcome the inherent power imbalance line with Article 33 of the IC, as it recognises with men, especially in a topic that is still psychological violence only as a consequence considered taboo. The protection measures of VAW instead of as a punishable crime. are not sufficiently provided to women sur- Issuing protection orders is one of the weakest vivors of sexual violence, including sexual links of survivor protection system. Reports harassment and stalking, contributing to EXECUTIVE SUMMARY and data show that the needs of the survivor low levels of reporting. The Criminal Code come second to the situation of the perpetra- sets a cap of 20 years for statutes of limita- tor, often leaving both in the same house and tion, which could penalise survivors in their FOR ALBANIA Albania leading to tragedies for the woman. quest for justice, especially in the context of a country where sexual violence is often swept under the rug. Rape crisis centres Main recommendations: and emergency shelters are completely lacking, making efforts to address sexual • Amend the definition of violence in do- violence primarily ad-hoc, dependent on for- mestic legislation to include the word eign funding, and mostly managed by CSOs or instead of and when listing the types with little governmental support. of violence so as not to reduce grounds for prosecution to the existence of all types of violence at once. Main recommendations:

Ratification of the Istanbul Convention. Main recommendations: • Amend domestic legislation, especially • Amend the criminal code in line with IC Albania was the second country to ratify CC and Law on Measures against Vio- to recognise lack of consent as the ba- the Istanbul Convention (IC) in 2013, with- • Increase the level of financial and hu- lence in Family Relations, to specifically sis for adjudicating cases of rape. out reservations. There is a comprehensive man resources to enable policies to be recognise and criminalise psychological legal and institutional framework charged carried out in a sustainable manner, violence in line with article 33 of IC. • Conduct training with governmental of- with implementation of the IC and address- without heavily relying on outside do- ficials, especially police officers, health ing violence against women (VAW). Strategic nors. Match the important functions of • Increase efforts to de-normalise and officials, media representatives, and documents, such as the National Strategy the National Council on Gender Equality eradicate social acceptance of VAW in so- municipal focal points of DV in dealing for Gender Equality (NSGE) appropriately with appropriate staff and funding. ciety, especially in rural and remote areas with sensitive cases, such as sexual recognise the need to reduce and eradicate through awareness raising activities, or- violence. VAW, albeit doing little to analyse the pow- ganised campaigns, and social dialogue. er imbalances between women and men. • Remove the current 20-year cap on the As one CSO representative stated “Albania Intimate Partner Violence. Data on the prev- • Increase efforts to include employment statute of limitations for cases of sex- has good on paper protection of victims of alence of domestic violence (DV) are avail- and entrepreneurship programmes as in- ual violence to allow for prosecution of violence.” Furthermore, financial resources able from different sources. Since 2013, the tegral part of addressing VAW since eco- such crimes indefinitely. allocated to the fight against VAW in NSGE Institute of Statistics has collected and pub- nomic dependence is often a factor pre- are expected to be covered mostly from do- lished gender disaggregated data accord- venting women from reporting violence. • Establish rape crisis centres for wom- nors. A number of institutions are in place to ing to which 1 in 2 women experience some en survivors of sexual violence and in- design, implement, and oversee policies and type of DV presently. There is unanimous • Co-operate with women’s CSOs to set crease the role of government institu- actions related to VAW. However, multiple agreement among CSO representatives in- up emergency shelters easily accessi- tions in supporting the women’s CSOs sources point to challenges in coordination terviewed for this analysis, that the combi- ble to women in all municipalities. in managing these shelters and other as well as human and financial resourc- nation of a deeply patriarchal mentality with services for survivors. es. For instance, the National Council on socio-economic dependence of women on • Conduct an analysis of suspended trials Gender Equality as the advisory body of the their male counterparts highlights the pow- for survivors that had earlier obtained a • Improve coordination and collaboration government has important oversight func- er imbalance between men and women, and protection order to understand why there between CSOs and the government in tion, but insufficient resources to carry out largely provides context for the alarming is a high prevalence of this phenomenon. ensuring sustainability of services of- these duties. figures on the prevalence of DV in Albania. fered to survivors, to reduce depend- • To ensure proper protection, the needs ability upon foreign funding. of the survivor should take priority to the situation of the perpetrator when issu-

ing protection orders. Executive summary for Albania 18 19 Violence against Migrant and Refugee Women’s CSOs. When it comes to prevent- Women. In recent years, Albania has being and protecting women from violence come a route for migrants. This poses new and implementing the Istanbul Convention, challenges in dealing with violence against women’s CSOs play a crucial role in both migrant and refugee women. Legislation, legislation and practice. They initiated while relatively in line with the EU acquis, and helped design the first law on gender is gender neutral. In fact, in direct contra- equality in society and continue to conduct diction to article 59 of the IC, the Law on research, collect data, and offer recom- Foreigners foresees that in case of a mar- mendations. Women’s CSOs are crucial to riage dissolution, the spouse that does not service delivery for women survivors of vio- possess a residence permit loses the right lence, offering a wide range of services from to stay in Albania. Migrant women are not free legal aid to psychological counselling. receiving health and social services, albeit Without their presence, measures to fight maintaining access to these rights per the violence against women would be truncated EXECUTIVE SUMMARY Albanian legislation. and weak. Women’s CSOs have become an indispensable force for change and reaction in addressing VAW. However, representa- FOR BOSNIA AND Bosnia and Main recommendations: tives interviewed agree that the government Herzegovina could do more to provide an enabling envi- • Include in the Law on Foreigners gen- ronment for CSOs beyond its verbal commit- HERZEGOVINA der-based violence as basis for seeking ments and promises. asylum and amend the law to be in line with the IC by removing a stipulation that a spouse would lose the right to Main recommendations: stay in the territory of Albania when a marriage is dissolved. • Provide regular, sufficient and sustainable government funding for CSOs to • Government institutions must work be able to continue offering essential closely with relevant CSO’s to identify services to survivors of violence, as the migrant and refugee women in need of latter possess the appropriate set of Ratification of the Istanbul Convention. Main recommendations: services. knowledge, expertise and experience. BiH ratified the Istanbul Convention in 2013, without reservations. Given the country’s • Establish education programs that - • Increase coordination between wom- deep-seeded patriarchal attitudes as well starting in primary school - emphasise en’s CSOs and state institutions in de- as the prevalence of VAWG, ratification was gender equality, the destruction wrought signing, implementing and evaluating an important step. It has led to increased by patriarchal attitudes, and the crimi- policies related to VAW. awareness as well as to the formation of nality of VAWG. various strategies for combating VAWG. While such strategies and accompanying • Undertake awareness raising cam- legislation largely comply with the IC, imple- paigns regarding VAWG. mentation is insufficient, primarily because of problems with funding, the complicated • Organise comprehensive, gender-sen- Women’s CSOs are crucial to government structure established by the sitive training for professionals work- service delivery for women Dayton Agreement, corresponding disputes ing with VAWG survivors and introduce survivors of violence, offering over which bodies should bear responsibil- accreditation for professionals working a wide range of services from ity for the execution of VAWG laws/policies, on VAWG issues . and, ultimately, resistance to the idea that free legal aid to psychological VAWG is a serious problem. • Conduct further research on the nature counselling. and prevalence of different forms of VAWG.

Implementation is insufficient, Intimate Partner Violence. IPV is regulat- primarily because of problems ed by the state and entity criminal codes as well as by laws on domestic violence, both with funding, the complicated of which are generally in line with the IC. government structure by the Implementation, however, falls short of IC Dayton Agreement. standards. Courts consistently impose mild sanctions - including suspended sentences -

for IPV and never award compensation. Executive summary for Bosnia and Herzegovina 20 21 Meanwhile, IPV survivors participating in Main recommendations: Violence against Migrant and Refugee Women’s CSOs. Women’s CSOs are lead- criminal proceedings rarely receive the sup- Women. Legislation on refugee women is ing monitoring and implementation of the port and protection they are due under rele- • Amend the definition of sexual violence partially in compliance with the IC. VAWG IC, with their government partners receding vant legislation. Outside the courtroom, al- in the criminal codes to eliminate the is listed as a form of persecution but is not into the background. CSOs have assumed though BiH laws require different branches requirement of force/threat of force and identified as a justification against removal. the financial burden of responsibilities spe- of the government to ensure IPV survivors’ provide for other non-consensual acts. This legislation has become all the more cifically allocated to government institu- access to psychological, legal, and social important given that BiH is experiencing a tions, such as the funding of safe houses, services, such institutions have failed to • Amend the FBiH Criminal Code to in- steep increase in the number of refugees SOS lines, and legal assistance. The gov- fulfil their financial responsibilities, partic- clude sexual violence offences such as entering the country. In Bihać, where the ernment only periodically consults CSOs, ularly with regard to safe houses. Women’s genital mutilation, forced sterilization, majority of refugees are located, the safe despite their wealth of experience in the CSOs are thereby struggling to fund the pro- and forced marriage. house has been so overwhelmed with ad- field, and there is no regular mechanism vision of services to survivors. ministering basic services to refugee wom- through which CSOs and state institutions • Establish rape crisis centres, filling the en and their families that it has been unable can communicate about combating VAWG. current gap with respect to the lack of to address issues of VAWG. Moreover, it is Overall, CSOs have found that the govern- Main recommendations: specialised services for sexual violence unclear whether the government will fund ment views them not as strategic partners survivors. services for refugee women to the extent in policy-making, but as service providers • Correctly characterise IPV crimes in that it has done so for Bosnian women. CSO and sources of information. criminal proceedings as criminal of- interviewees, for example, report that var- fences and in their appropriate aggra- ious government institutions are refusing vated form, and issue safety measures Conflict Related Sexual Violence. While the to subsidise refugees’ stays in safe hous- Main recommendations: when necessary. number of prosecutions for CRSV has in- es. With respect to migrant women, rele- creased in recent years at the behest of the vant legislation does not enumerate IPV as • Fulfil financial responsibilities as pre- • Impose sanctions that are commensu- BiH justice sector and international commu- a ground for remaining in the country upon scribed by relevant legislation. rate with the severity of IPV offences nity, the vast majority of women have been cessation of marriage. and, in particular, refrain from impos- left without redress. There is no state-wide • Include women’s CSOs as partners ing suspended sentences. reparations scheme for CRSV survivors due in policy making on VAWG, whether it to issues with funding and disputes over Main recommendations: comes to the development of strategic • Provide funding for safe-houses, le- which institutions should bear financial plans, the amendment of laws, or the gal assistance, and SOS lines, in accor- responsibility. As a result, survivors have • Provide sufficient funding for women’s GREVIO process. dance with the entity Laws on Domestic been forced to look to the courts and social CSOs to process the increase of refu- Violence and established protocols. pension schemes for recourse. Criminal gee women and their families. • Set up formal channels of communica- Ensure that all survivors of VAW have courts, however, rarely award compensation tion through which women’s CSOs and equall access to services regardless of and generally refer survivors to their civil • Ensure that refugee women have ac- relevant institutions can regularly con- their location or status, and that services counterparts, which are currently imposing cess to the same services provided to sult about issues pertaining to VAWG. are provided in accordance with a clear statutes of limitations to dismiss all war- other VAWG survivors, particularly with set of standards, as required by the IC. time claims. Encouragingly, CRSV survivors regard to refugee women’s shelter in in criminal proceedings are increasingly safe houses. • Ensure that the safety of IPV survivors receiving the support and protection pre- in divorce proceedings is prioritised scribed by legislation. Despite this progress, • Amend the Law on the Movement and over family unification and amend the sentences continue to be startlingly low, re- Stay of Aliens and Asylum so that VAWG Family Laws to eliminate the require- flecting the belief that CRSV is a minor of- survivors are able to obtain residence ment that spouses with children under- fence compared to other wartime crimes. in BiH independent of marital status. go mediation. • Amend the Law on Asylum so that the Main recommendations: provision on non-refoulement identi- fies VAWG as a justification against re- Sexual Violence. The various criminal codes • Establish a reparations scheme for moval or return. that proscribe sexual violence are not in line CRSV survivors. with the IC because of the limited pool of offences covered and the requirement that • Take steps to ensure that survivors’ force/threat of force be proven. Additionally, compensation claims are resolved in sexual violence survivors, like IPV survi- criminal trials and that survivors are vors, infrequently receive support and/or not directed to civil proceedings. CSO interviewees, for example, protection in criminal proceedings. Unlike report that various government in IPV cases, however, sentences for sexual • Stop imposing statutes of limitations institutions are refusing to violence tend to be commensurate with the and court fees on CRSV survivors who gravity of the offence. With regard to social lose their wartime claims. subsidise refugees’ stays in safe services, there are no safe houses or other houses. institutions specifically geared towards as- • Impose sentences commensurate with

sisting rape survivors. the gravity of CRSV. Executive summary for Bosnia and Herzegovina 22 23 Intimate Partner Violence. Representative Main recommendations: surveys on the prevalence of DV and intimate partner violence (IPV) in Kosovo have • Amend the Criminal Code so that it is not been conducted by public institutions. fully aligned with the provisions from Existing CSO data found that IPV, in all its the Istanbul Convention and, specifi- forms, is wide spread. Police, prosecutors, cally, appropriately defines domestic judges, social workers and women’s shel- violence as a criminal offence and cov- ters continue to apply separate data collec- ers all other forms of gender-based tion and case management. Not all stake- violence against women, incl. marital holders can provide gender-segregated data rape, forced sterilisation, psychological and no data on perpetrators is available. IPV violence and female genital mutilation. is primarily regulated through the Law on the Prevention of Domestic Violence (LPDV), • Amend the Family Law to explicitly a civil law, ensuring the protection of vic- prohibit mediation and reconciliation EXECUTIVE SUMMARY tims, but not meant to prosecute and penal- in cases of intimate partner violence ise criminally. The LPDV covers all IC forms against women. of intimate partner violence and offers pro- FOR KOSOVO Kosovo tection orders. Nevertheless, CSOs highlight • Immediately and based on the consul- that too often there are no consequences for tation with women’s CSOs adopt clear breaking protection orders. Prosecution of and concrete legal provision on the IPV acts is regulated in the Criminal Code founding, licensing and financings of (CC). The CC does not offer a definition of DV women’s shelters, enabling 100% fund- per se, though a number of criminal offenc- ing over the whole year and putting the es committed within a domestic relationship interest of the survivors in the centre of may be considered for prosecution of DV the further discussion. acts. Supported by UN Women, the amend- ments to the CC that include the definition • Integrate a feminist approach into vic- of domestic violence have passed the first tims’ advocates, police, prosecutors and hearing in the Parliament after international judges daily work and expand access to Ratification of the Istanbul Convention. of historically unequal power relations be- organisations and women CSOs have pushed services, by making sure the help line is After a decade of UN administration and tween women and men still hinder the full for such a definition to be included. accessible through all landline and mo- failed negotiations on the legal status be- protection of women survivors of VAW. One bile phone operators and that services tween Belgrade and Prishtinë/Priština, the Prishtinë/Priština-based interviewed CSO However, not all DV acts defined by the LPDV to non-majority communities are pro- Assembly of Kosovo25 declared 2008 its in- representative commented: “Kosovo is good are included in the CC and harmonisation of vided in their native language. dependence. Today, Kosovo is recognised by in drafting the best public policy documents. these two laws is still pending. Challenges more than 100 UN member states, but with- In practise, some minor things got better, in implementation were found with all insti- out membership in the UN and the Council but real progress cannot be seen”. tutional actors. CSOs criticise continued use of Europe (CoE). Therefore, Kosovo did not of the lowest sentence and that judges come Sexual Violence incl. Conflict Related ratify the CoE Convention on Preventing and up with negative examples from private life. Sexual Violence (CRSV). Institutions in Combating Violence against Women and Main recommendations: Some judges still encourage family reconcili- Kosovo have not conducted research with Domestic Violence (Istanbul Convention, ation and blame women for crimes perpetrat- representative samples on sexual violence IC). Although Kosovo could not ratify the • Amend the Constitution to include the ed against them. Women’s shelters are very against women. Under the CC and in line Convention on the Elimination of all Forms Istanbul Convention into the list of in- well established but lack financial support. with the IC, forced abortion, stalking, rape of Discrimination against Women (CEDAW), ternational human rights frameworks Victim’s advocates (VA) play a central role and forced marriage constitute specific it ensured its direct application through arti- that directly apply and have priority in in ensuring the rights and access to justice offences. In cases of rape, the lack of con- cle 22 of the Kosovo Constitution. An overall application. and services for all victims of crime including sent is sufficient and no use of force is reaction plan encompassing all relevant mea- women survivors of IPV and sexual violence. quired to constitute the act of rape, which sures to prevent and combat all forms of vi- • Immediately develop, adopt and start Women’s CSO representatives have a positive is in line with the IC. Marital rape against olence against women (VAW) covered by the implementing a Kosovo-wide effective, impression on the work of the VAs, but point- spouses is however not explicitly mentioned scope of the IC does not exist. comprehensive and co-ordinated strat- ed out that they lack a feminist approach. in the Criminal Code but can be prose- egy and action plan encompassing all cuted. Sexual harassment is defined and Kosovo does not apply an integrated ap- relevant measures to prevent and com- prohibited under Kosovo’s anti-discrimi- proach to combating VAW, limits its insti- bat all forms of violence against wom- nation and equality legislation. Police and tutional work predominantly to domestic en covered by the scope of the Istanbul Some judges still encourage judges still lack knowledge pertaining to violence (DV), and applies a gender-neutral Convention, including domestic violence. sexual violence. Police do not always take policy approach. Progress has been made family reconciliation and blame reports of sexual violence seriously or in- in approving a progressive legislative and women for crimes perpetrated vestigate them appropriately, which poten- policy framework, but the manifestations against them. tially contributes to under-documentation of such cases and their inadequate address. Executive summary for Kosovo

24 25 All references to Kosovo in this document should be understood in full compliance with the UN Resolution 1244. 25 Women’s CSOs. Despite the framework of an international administration until 2008 and the strong influence of international partners in Kosovo contributing to a progressive legal framework, it was CSOs that began breaking down the social taboo of IPV, sexual violence and GBV. CSOs are integral part of policymaking and its implementation and regular consultations with civil society take place. CSOs perform all kind of roles Even though in violation with IC, victim blam- and programmes of ending VAW are not ing and multiple questioning by different imaginable without the strong presence of EXECUTIVE SUMMARY police officers and inappropriate documen- women’s CSOs. Nevertheless, the govern- tation of the sexual history of survivors has ment is not creating an enabling environ- been observed, as reported by CSOs. There ment for women’s CSOs. A limited financial FOR THE FORMER is a significant dropout rate from reported support is provided through funding for the to prosecuted cases. None of the CSO or in- shelters. The significant majority of wom- stitutional providers fulfils the requirements en’s CSOs are still funded by international YUGOSLAV REPUBLIC OF of a rape crisis centre or sexual violence partners and donors. A Kosovo Serb CSO referral centre. In recent years, Kosovo has representative interviewed commented that FYR Macedonia taken steps towards the provision of repara- “Kosovo is investing more money into in- MACEDONIA tions for survivors of CRSV during the armed frastructure and highways, than into people conflict of 1998-1999. Nevertheless, perpe- and social services”, keeping women’s CSOs trators have not been brought to justice and work unregulated and unfunded. survivors fear that the crimes committed against them will remain unpunished. Main recommendations:

Main recommendations: • Increase the cooperation with women´s CSOs, providing them with an enabling Ratification of the Istanbul Convention. Main recommendations: • Set-up easily accessible rape crisis environment and treating them as part- After several decades of hard work in centres or sexual violence referral cen- ners in policy development and not as the area of women’s rights protection, in • Apply and promote a change in poli- tres for survivors in sufficient numbers only service providers. December 2017 the national Assembly rat- cy making and implementation when to provide for medical and forensic ex- ified the COE Convention on preventing and dealing with VAW and DV, making clear amination, trauma support and coun- combating violence against women and that this phenomenon is understood selling in line with Istanbul Convention domestic violence (Istanbul convention)26. as a human rights infringement and it provisions. Once the ratification had been finalised, the is based on historically unequal power country established a working group that is between women and men. CSOs perform all kind of roles currently providing advice on the implemen- and programmes of ending tation of the IC alongside with the national • Collect and publish annually disaggre- Violence against Migrant and Refugee action plan (NAP) for implementation of the gated data on all forms of VAW, includ- Women. Kosovo never became a transit ter- VAW are not imaginable Convention. This report elaborates the find- ing the relationship between perpetra- ritory for refugees and migrants travelling without the strong presence ings of the research of the forms of violence tor and victim including children victims, to EU. The legal text of the laws on asylum of women’s CSOs. against women (VAW) in FYR Macedonia: the specific vulnerability of the victims and foreigners apply EU standards but stay intimate partner violence, sexual violence (disability, residence status, etc.). predominantly gender-neutral, not recog- and violence against migrant and refugee nising all facets of GBV. women. All three forms of VAW are partially covered by the national legal acts, but all of them are largely gender neutral and do not Intimate Partner Violence. The enactment Main recommendations: address VAW as a social phenomenon. of the Law on prevention, combating and protection from domestic violence (DV) in • Amend the laws on asylum and for- 2015 was progress in terms of protection eigners to recognise all forms of gen- of women survivors of DV. However, the law der-based violence when granting All three forms of VAW are partially lacks adequate protection of women from asylum and applying the principle of covered by the national legal acts, intimate partner violence (IPV), in terms of; non-refoulement. but all of them are largely gender granting the police with discretional power to execute immediate protection orders neutral and do not address VAW as (removal of the perpetrator from home); a social phenomenon. Executive summary for FYR Macedonia

26 26 http://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/210 27 provision of better protection of women and provision of facilities that will respond to dif- Violence against Migrant and Refugee Women’s CSO’s. Lastly, women’s CSOs have children during divorce proceedings by pro- ferent marginalised groups of women and Women. Migrant and refugee women are a significant role in putting the issues relat- viding limitation of the visitation rights of the girls including /survivors of sexual violence, not sufficiently legally protected from all ed to IPV, sexual violence and GBV high on perpetrator; and clear prohibition of alter- their children, survivors living with disabili- forms of VAW, the new Law on Foreigners the political agenda. Most of the above-men- native dispute resolution in cases of VAW. ties including mental health and substance includes some novelties, however, it omits tioned interventions are included in the NAP Women’s CSOs confirmed that the enforce- abuse problems, etc. several crucial elements. Law on asylum for implementation of the IC. However, fur- ment and monitoring of the temporary pro- and temporary protection is lacking recog- ther efforts are needed in order to achieve tection orders (TPM) are very weak. Divorce nition of VAW as a form of a persecution. alignment with the standards of the IC in all proceedings should relate to other legal Main recommendations: areas and this simply cannot be achieved processes such as granting custody rights without formal cooperation with women’s and issuance of a TPM for DV. • Amend CC in order to require lack of Main recommendations: CSOs. consent to constitute rape (without the requirement of use of force), criminalise • Amend Law on foreigners to give the marital rape, sexual harassment, FGM, right to family reunification to extra- Main recommendations: Main recommendations: and amend the statute of limitation marital couples; to define “particularly with regards to all forms of VAW. difficult situations” so they refer to VAW • Initiate concrete cooperation and en- • Amend/enact legislation that will in- situations and grant the anonymous sure long term strategic financing of clude clear prohibition of alternative • Set up easy accessible shelters that permit irrespectively of the duration of the women’s CSOs by the state central dispute resolution procedures and provide accommodation to survivors marriage in cases of VAW; to include budged, local governance units and pri- mediation/reconciliation in cases of all of VAW, rape crisis support and sexu- the right to TRP in cases when the ex- vate sector. forms of VAW. al violence support services, including pulsion proceeding is initiated against counselling centres for trauma support the abusive spouse/partner; to prevent • Encourage active involvement of the • Introduce and implement specialised addressing the needs of marginalised the loss of residence status of victims women’s CSOs on GBV policies at a training for social workers on better women and co-managed by women’s of VAW in case they were unwillingly central, regional and local level. assessment and limitation of the visi- CSOs with supported funding. All the removed from the country of residence. tation rights between the children and general services should be adapted to • Provide state finances to CSOs that offer abusive parent. the needs of the sexual violence survi- • The Law on Asylum and Temporary specialised support services to victims vors and their children. Protection should recognise VAW as of VAW. • Introduce training for the judges and a form of persecution, include gender public prosecutors on the legal provi- • Support the opening and running of sensitive interpretation of the refugee • Support of the small and rural women’s sions regarding special protection to at least one free national 24/7 SOS definition and non-refoulement princi- CSOs at a local level in providing spe- vulnerable categories (Art 54 Code on helpline covering all forms of violence ple and regulate the protection in cases cialised services to women victims of Criminal Procedures(CCP)). against women including sexual vio- of persecution on the grounds of mem- VAW and DV. lence and offering crisis support in all bership of a social group such as: FGM, relevant languages. early marriages, political opinion relat- • Women CSOs should participate in all ed to non-traditional gender roles and joint trainings for all professionals re- Sexual Violence. Sexual violence has been • Active participation in joint training sexual orientation. garding processing victims of VAW in- somewhat regulated against, but due to should be mandatory for all profes- cluding sexual violence in the sexual the lack of gender sensitive interpretation/ sionals regarding processing survivors • Ensure gender sensitive reception pro- violence referral centres. services, this type of violence is not report- of VAW including sexual violence in the cedures at the borders and in the mi- ed and also not processed adequately by sexual violence referral centres (SOPs). grant and asylum centres/shelters. the institutions. The level of service provision for VAW is low; therefore, the country • Ensure that specialised CSOs accom- • Develop training manual and imple- should ensure a comprehensive strategy on pany the survivors in all stages of the ment gender sensitive training for the service provision for all forms of VAW. All procedure. migration and asylum police inspectors Further efforts are needed in professionals should be part of specialised, and social workers (addressing also order to achieve alignment joint trainings on equality between men multi-sectoral SOPs for prevention and with the standards of the IC and women, violence, the needs and rights response to VAW in emergency and cri- of survivors and how to prevent secondary ses situations and disasters). in all areas and this simply victimisation and encourage multi-agen- cannot be achieved without cy cooperation. Specialist support services formal cooperation with should meet the demands of survivors, ir- women’s CSO’s. respective of the form of violence they experienced or the particular realities and compounding difficulties they face. All those general sheltering services should ensure Executive summary for FYR Macedonia

28 29 IPV is primarily regulated through the Law available only upon conviction, have been on the Prevention of Domestic Violence issued by the Montenegrin courts only 6 (LPDV), a misdemeanour law that covers times between 2010-2017. CSOs are par- all IC forms of intimate partner violence. ticularly concerned about the lack of phys- The Criminal Code (CC) criminalises IPV ical protection of survivors - in four cases through various provisions, but mainly known to CSOs, that ended with the murder through Art. 220 that provides the defini- of three women and the attempted murder tion of DV, but needs to include a precise of two women, the perpetrator was repeat- description of all forms of DV stipulated edly reported to the police and other com- by the IC, as it is the case with LPDV. Both petent institutions, but they failed to assess legal provisions provide a narrow defini- risk and provide protection. The institutions tion of family that leaves out partners or ex do not actively screen for DV in divorce cas- partners that have never shared the same es that include children, but instead rely household. LPDV introduced the urgency of wholly on the parties to inform them. They EXECUTIVE SUMMARY acting of all institutions, obligatory report- tend to overlook the harms partner violence ing and emergency intervention of all pub- causes to children and often prioritise rec- lic legal entities, social protection of survi- onciliation and make custody and visitation FOR MONTENEGRO vors, legal aid, confidentiality of procedure decisions without taking domestic violence Montenegro and orders of protection, including emer- into account, contrary to the Article 31 of gency police eviction order. However, CSOs the Convention. They tend to prioritise vis- noted a failure of institutions to conduct a itation as a violent parent’s right and may victim’s rights centred approach accord- forego any supervision when children are ing to Article 49 of the Convention, as well not direct victims of the violence. as to comply with the Articles 50 and 51 when it comes to principle of urgency and obligatory risk assessment. A lenient penal Main recommendations: policy means that there is “a deep institutional misunderstanding of the nature of • Ensure full compliance of Criminal Code violence, as well as of its consequences for with the IC provisions, so that it defines Ratification of the Istanbul Convention. Main recommendations: the survivors, family members, and society domestic violence as a criminal offence Montenegro was among the first ten coun- as a whole”, as stated by the activist of the and covers all other forms of gen- tries that signed and ratified the Council of • Ensure full compliance of Criminal Code NGO Women’s Rights Centre, Podgorica. In der-based violence against women, incl. Europe Convention on preventing and com- with the IC provisions, so that it defines addition, the percentage of POs imposed in marital rape and psychological violence. bating violence against women and domes- domestic violence as a criminal offence a misdemeanour procedure and the provi- tic violence (Istanbul Convention), without and covers all other forms of gen- sion of physical POs for women who have • Widen the circle of protected persons any reservations. It was also among the first der-based violence against women, incl. experienced GBV is worryingly low in rela- within criminal and misdemeanour signatory states in which the Convention en- marital rape and psychological violence. tion to the total number of prosecuted cas- protection of the partners and former tered into force, on 1 August 2014. After the es of domestic violence. In practice, only partners, former in-laws, as well as first GREVIO evaluation of Montenegro, con- the most serious cases comprising “heavy persons who were or are in emotion- ducted in 2017, Montenegro is expecting the bodily injury” or ongoing violence go to the al or sexual relationship regardless of First Evaluation Report. Montenegrin CSOs Intimate Partner Violence. There is no of- criminal court. Greater sanctions are a rare whether they were living in the same also took part in the baseline evaluation by ficial centralised electronic data collec- occurrence, even when there was “severe” household. sending their Shadow Report and meeting tion system; therefore, it is not possible physical violence. The security measures the members of GREVIO during their coun- to determine the prevalence of IPV in all of Eviction from Common Residence and • Amend the Law on Free Legal Aid so try visit. All relevant legal acts - Law on registered DV cases, or to automatically Restraining Order provided by the CC, and it recognises CSOs as free legal aid Gender Equality, Law on Domestic Violence obtain information on how individual cas- providers. Protection (LDVP),the Criminal Code etc. es were prosecuted and the outcomes. contain gender-neutral definitions of VAW, Representative surveys on the prevalence • When determining parental contacts, which are not in line with IC and fail to ac- of DV and intimate partner violence (IPV) in child visitation and custody, CSWs and knowledge that women are disproportion- Montenegro, conducted by UNDP showed courts should consider IPV and its ef- ately affected by violence. that 42% of women in Montenegro have, fects on children. during their lives, been exposed to some form of violence (psychological, physical, economic or sexual) by their spouses or partners. The study showed that patriarchal attitudes and gender stereotypes are still widely spread in Montenegro, and seriously affect institutional response to protection from VAW. Executive summary for Montenegro

30 31 Sexual Violence. Under the CC and in line Women’s CSOs. Montenegrin women’s with the IC, forced sterilisation, forced abor- CSOs have a key role in providing support tion, female genital mutilation, stalking and and protection for women and children DV rape constitute specific offences. In cases of survivors. They provide the only available rape, the lack of consent is partially includ- specialised support services for women - ed in the definition, but the definition is not SOS Helpline, psychological and legal as- fully complied with IC, as it still contains the sistance, organise trainings, campaigns, use of force as a “more severe form of rape”. and participate in drafting of national legis- Marital rape can be prosecuted by a private lation and policies. Despite the formal state charge only, which does not comply with the commitment to ensure active cooperation IC. Sexual harassment is defined and prohib- with civil society organisations, this obli- ited under Montenegro’s anti-discrimination, gation has not been implemented to a suf- workplace and equality legislation. Forced ficient extent. The state hardly ensures any marriage can be prosecuted, but it requires funding for women CSOs, so they strive for further compliance with the IC Article 37. sustainability, since they are predominantly EXECUTIVE SUMMARY Montenegro does not provide specialist free financed through the projects supported by services for survivors of sexual violence, international donors. including rape. There are no special proto- FOR SERBIA Serbia cols or guidelines for survivor support and assistance, nor free specialist psychological Main recommendations: support for overcoming trauma. The acting of law enforcement in these cases is highly • Ensure participation of women CSOs in influenced by personal beliefs and stereo- all coordinating bodies established in types, that significantly affects prosecutions order to monitor law and policy imple- within these cases, as well as protection and mentation, including the Committee for support for the women. coordination, implementation, monitoring and evaluation of policies and measures for prevention and fight against Main recommendations: all forms of violence (the Committee).

• Set-up easily accessible rape crisis • Adequately fund CSO services for wom- Ratification of the Istanbul Convention. The and in the lack of public administration’s ca- centres or one stop shops for survivors en survivors of intimate partner vio- Council of Europe Convention on preventing pacities for policy implementation. Existing of sexual violence in sufficient numbers lence, including shelters, hotlines, le- and combating violence against women and non-governmental resources are not ac- to provide for medical and forensic ex- gal assistance, and other support while domestic violence, also called the Istanbul knowledged and utilised, previous support amination, trauma support and coun- respecting their autonomy, expertise Convention (IC), was ratified by the Serbian of multi-agency and pluralism concepts re- selling for survivors in line with the and work principles. National Assembly in November 2013 and cords a decline, while cooperation with spe- Istanbul Convention provisions. entered into force in August 2014. The in- cialised women’s CSOs is seldom practiced. auguration of IC came as a result of the aspiration of the Republic of Serbia to join the European Union (EU) whereby the com- Main recommendations: Violence against Migrant and Refugee pliance with EU acquis produced favourable Women. Montenegro never became a part of policy and legal changes. It must be noted • Align national legal framework with the so-called Balkan route, but the number that domestic and family violence (DV) con- Istanbul Convention fully. of refugees and asylum seekers is increas- cepts were already part of the Serbian legis- ing. The 2018 Law on Foreigners provides lation and policy since 2005 and multi-agen- • Produce realistic action plan on com- for expedited procedures to grant asylum cy approach was promoted since 2011. bating VAW, including detailed public and defines the forms of protection in com- Hence, and although the IC implementation budget allocations. pliance with the international and EU stan- action plan was never created, the intro- dards, but does not recognise GBV and reduction of the treaty further influenced the • Produce a plan to support and fund mains gender-neutral. amendment of the Criminal Code (CC) in the local licensed services provided by 2016 and the introduction of the new Law on women CSOs. Prevention from Domestic violence (LPDV) in 2017. Currently, the biggest obstacles re- There are no special protocols or garding the implementation of the IC are the guidelines for survivor support absence of political will to fully harmonise and assistance, nor free specialist the domestic legislation, to allocate public funds for prevention of gender-based vio- psychological support for lence and support programs for survivors, overcoming trauma. Executive summary for Serbia

32 33 Intimate Partner Violence. The prevalence Sexual Violence. Sexual violence against Violence against Migrant and Refugee sexual minorities, and human trafficking of intimate partner violence (IPV) in Serbia is women is criminalised under the Criminal Women. VAW issues are not considered survivors as groups under particular risk of not observed, and official statistics related to Code. However, Serbian law defines rape as in crucial policy documents regarding mi- VAW. Besides providing direct support ser- DV are not segregated by gender. However, the use of force, and not as the absence of grants and refugees in Serbia. The need for vices to IPV survivors, the network members according to available data, every second consent as required by the IC. Furthermore, food, hygiene and basic medical require- stand for a zero-tolerance principle, elevate woman in the region of central Serbia has marital rape is not criminalised and it can ments of a big number of people who mi- policy standards and monitor the implemen- experienced some form of DV. The IPV pol- only be prosecuted if obvious force was grate through Serbia are recognised and tation of national and international laws. On icy implementation conditions are provided used, notwithstanding the consent. The na- provided by the state. However, rare support the one hand, women’s CSOs are recognised with a vast network of public administration tional legislation regarding sexual violence services to women violence survivors are for their expertise and are acknowledged entities and available resources, includ- was amended, but it reflects the IC require- registered during the research. VAW prev- for their great influence on developments ing: Ministry of Justice, Ministry of Interior, ments only to the limited extent – the most alence data are not recorded by Serbian at both national and local level. On the other Ministry of work and social welfare, with the significant improvements are recognition of authorities and the issue is significantly un- hand, attacks on women anti-violence advo- availability of 34 basic prosecutor’s offices, stalking, forced marriage, genital mutila- der-researched and unrecognised in Serbia. cates are still frequent. Moreover, notwith- 67 basic courts, 35 police departments with tion and sexual harassment as new criminal Moreover, the officials claim that IPV is not standing the contributions in the field, the about 200 additional police stations, and 136 acts. Likewise, prevalence studies are not an issue regarding migrants and refugees research findings show public administra- centres for social work. The Family Law, the conducted, while the available statistics do since there are no such cases noted by the tion’s support decline to specialised wom- Criminal Code, the new LPDV and the Law not provide gender segregated information Serbian public administration officers. en’s CSOs – lack of cooperation, exclusion on ratifying the Istanbul Convention are all about any type of sexual violence criminal from public administration multi-agency at their disposal. Notwithstanding, only in acts. Most notably, there are no rape crisis bodies, the introduction of costly service li- the last three years (2015-2017), about 100 centres. A pilot project of seven health cen- Main recommendations: censing rules, and denial of public funds, women were murdered by their intimate tres in hospitals in Vojvodina shows prom- among other issues. partner or family member. About every ise, but it is internationally funded, with no • Investigate violence against migrant and second femicide case is the result of do- firm promises from the local government to refugee women through a gender lens. mestic violence, for which the perpetrator ensure long-term sustainability. Main recommendations: was previously known to public institutions. • Initiate policy solutions according to However, after the LPDV was introduced, the collected evidence. • Enable qualitative participation of spe- there are notable improvements related to Main recommendations: cialised women’s CSOs in public pol- policy implementation. Despite this however, • Establish minimum standards for icymaking and evaluation processes. it cannot be concluded that women survi- • Harmonise national legislation con- services. Women from minoritised groups must vors of intimate partner violence are provid- cepts and provisions to fully reflect IC be adequately involved. ed adequate support as policy effectiveness ideas and obligations. • Involve women’s CSOs in policy plan- evaluation is missing. ning, implementation and service • Provide public resources for develop- • Amend the Criminal Code to make lack delivery. ment of capacities for service provision. of consent, and not use of threat/force Main recommendations: the requirement to qualify as a crime. • Ensure the funding sustainability by public budget funding of services. • Introduce annual VAW prevalence data • Include sexual violence in policy im- Women’s CSOs. Women’s feminist CSOs in collection and distribute reports widely. plementation plan and budgetary Serbia were essential improvement agents • Ensure anti-corruption public funding allocations. regarding, primarily, social recognition of processes and respect of the rule of law. • Allocate assets for human resource ca- IPV as widespread, gendered and danger- pacity development at the policy imple- • Develop institutional capacities to- ous phenomena. An extensive network of mentation level. wards comprehension of the problem women’s CSOs, activists and direct support and policy application. service providers, is present in Serbia. The • Increase the production of Individual network consists of 25 local helplines run support and protection plans, as part of by specialised women CSOs covering most An extensive network of new LPDV requirement, and adequately of the country, whose services comprise fa- women’s CSOs, activists involve survivors of violence in individual cilitating empowerment process for women and direct support service protection planning process. and understanding the characteristics of vi- Serbian law defines rape as olence against women, giving policy related providers, is present in Serbia. • Ensure independent anti-VAW policy the use of force, and not as information to survivors, individual consul- evaluation is produced annually. the absence of consent as tations regarding personal needs, risk as- Ensure service beneficiaries’ participa- sessment and safety planning, self-help and tion in evaluation. required by the IC. support group work. The network recognises this need and maintains some capacity to work with multiple discriminated and marginalised groups of women, such as women from the Roma community and other national minorities, women with disabilities, Executive summary for Serbia

34 35 Women’s CSOs state that some judges re- Main recommendations: quest women to make a new application with new evidence for extending the du- • Increasing the share of state budget al- ration of existing injunction orders, while located to elimination of VAW, including some law enforcement agencies are reluc- budget of GDSW; undertaking of regu- tant to take action, belittling the violence or lar nationwide research on VAW. showing disbelief in the survivor’s account of the incident. There is no crime defined • Recording data on VAW disaggregated under the banner of IPV in the CC. However, with regards to sex, age, type of vio- some acts of IPV such as threat, injury, lence etc. and making it publicly acces- murder, rape etc. are criminalised in the sible with a view to security and privacy CC. They are classified as petty offences, of survivors. minor criminal offences or serious offences, depending on the nature of the act of vi- • Launching of a national hotline spe- EXECUTIVE SUMMARY olence. Stalking and psychological violence cialised for VAW; ensuring that all rel- are not defined in CC, but covered under evant service providers, including law other offences such as threat. There are 68 enforcement officers receiving appli- FOR TURKEY Violence Prevention and Monitoring Centres cations of survivors of VAW, are trained (VPMCs) that run support services for sur- and experienced on gender equality vivors. As of September 2018, there are 110 and VAW. Turkey women’s shelters operated by MoFSP (i.e. the newly established Ministry of Family, • Enabling access of women and children Labour and Social Services as of 9 July of all ages to shelters. 2018) with a capacity of 2,697; 32 women’s shelters operated by municipalities with a • Provision of effective psychological capacity of 725; and 1 women’s shelter op- assistance to survivors in VPMCs and erated by a women’s CSO with a capacity shelters. of 20, in addition to 1 women’s shelter operated by Directorate General of Migration • Issuing of injunction orders on the ba- Ratification of the Istanbul Convention. Intimate Partner Violence. According to Management with a capacity of 12.28 Some sis of a comprehensive risk analysis. Turkey ratified the IC on 14 March 2012 with- the last nationwide research on VAW in problems cited by women’s CSOs regarding out any reservations. IC came into force on 2014, 36% of ever-married women survived VPMCs and shelters include inadequacy of • Incorporation of DV as a separate crime 1 August 2014. The first state report of Turkey physical violence in intimate relationships. psychological support, staff encouraging in CC, and if not, at least to have ag- was received by GREVIO on 3 July 2017. The Women’s CSOs also record cases of femi- survivors to make peace with the perpe- gravated forms for different types of Shadow NGO report of the IC Monitoring cide reported in the media. According to trators, and it is reported that boys over violence that might occur in domestic Platform comprising 81 member CSOs was one such data, men murdered 409 women 12 years old and women over 60 do not relations; and incorporation of stalking submitted to GREVIO in September 2017 and across Turkey in 2017. Gendarmerie and have access to shelters. Although there is and psychological violence as separate the first evaluation report was published in police records are kept separate and the a state-run, national, free of charge hotline crimes in CC. October 2018. General Directorate on Sta- records of the latter on IPV are not public- for support services including women, it is tus of Women (GDSW) under the Ministry ly available. While criminal justice statis- not specialised for VAW. • Withdrawal of any reduction, liquida- of Family and Social Policy27 (MoFSP) is the tics are publicly available, criminal cases tion or deferment judgement causing coordinating institution in implementing IC, involving IPV are not regarded as a sepa- impunity or damaging the dissuasive- as well as the National Action Plan on Com- rate category. The major legislative tools in ness of the penalties in VAW cases. bating Violence against Women (NAP) (2016- combating IPV and VAW are Law No. 6284 2020) which is the third of such NAPs. Pro- on the Protection of Family and Prevention vincial Action Plans for Combating Violence of Violence against Women (Law No. 6284) against Women were also introduced in 26 and Turkish Criminal Code (CC). Law No. pilot provinces in 2016. The Shadow NGO 6284 defines VAW and DV, and regulates a report notes that GDSW has a limited share number of protective and preventive mea- (0.038%) in the overall budget of MoFSP. It sures, including barring orders. Injunction There are 68 Violence also states that some activities of the NAP orders can be issued for periods of up to (2016-2020) are vague, while no assessment 6 months, and violation is punished with Prevention and Monitoring of the outcomes of the previous action plan - preventive imprisonment for 3-10 days. Centres (VPMCs) that run NAP (2012-2015) - is publicly available. support services for survivors. Executive summary for Turkey 27 On 9 July 2018, MoFSP was merged with the Ministry of Labor and Social Security, under the name of Ministry of Family, Labor and Social 28 “137 Sığınmaevi Yetmiyor’ Başlıklı Haberle İlgili Basın Açıklaması”, TC Aile Çalışma ve Sosyal Hizmetler Bakanlığı, September 6, 2018, 36 Services. https://www.csgb.gov.tr/home/news/137-siginma-evi-yetmiyor-baslikli-haberle-ilgili-basin-aciklamasi (accessed October 25, 2018). 37 Sexual Violence. In the nationwide research Violence against Migrant and Refugee Women’s CSOs state that there are on VAW conducted in 2014, 12% of ever-mar- Women. As of January 2017, 45,383 refu- no regular consultation mechanisms ried women reported being subject to life- gees and 250,018 asylum-seekers (from with the public authorities and that time SV. In the CC, sexual assault and sex- Afghanistan, Iran, Iraq, Somalia and others) ual harassment are criminalised, with rape are in Turkey.29 As of 24 October 2018, the dialogue and cooperation have being punished by no less than 12 years in number of Syrians is reported as 3,589,327 significantly declined over the last prison. While marital rape is criminalised, and of which 1,641,844 are women.30 Overall, couple of years. it is prosecutable only upon survivor’s com- only 157,958 of Syrians live in camps.31 plaint. All kinds of sexual attempts against Syrian women in Turkey reported to have children under the age of 15 or against those encountered sexual harassment, early mar- who attained the age of 15, but lack the abil- riage and being forced to marry a local man ity to understand the legal consequences as his second or third wife. Refugee women Women’s CSOs. Turkey has a vigorous of such an act, and abuse of other children who are survivors of VAW can benefit from feminist movement, which has led various Main recommendations: sexually by force, threat or fraud are crimi- Law No. 6248. However, lack of capacity of successful campaigns to eliminate VAW. nalised. There are no rape or SV crisis cen- personnel in relevant public agencies and Available funds for women’s CSOs are EU • Recognition of independent women’s tres. Women’s CSOs report that survivors of inadequacy of translation services are cited funds, funds from private foundations, and CSOs by the state as equal partners in SV are faced with judgmental attitudes of law as some problems by women’s CSOs. The individual donors. It is not common practice combating VAW. enforcement officers and that evidence may shadow NGO report to GREVIO notes that for the state to provide funding to women’s not be collected properly due to disbelief in the process of receiving asylum-seekers’ CSOs. Some of the women’s CSOs reported • Establishment of regular, participatory women’s accounts of the incident. applications is not gender-sensitive, while it backlash due to their receipt of internation- and effective consultancy mechanisms also cites cases in which HIV-positive wom- al funds. The shadow NGO report to GREVIO with independent women’s and LGBTIQ en and LGBTIQ refugees were deported. states that nine women’s CSOs were shut CSOs regarding preparation and imple- Main recommendations: down in November 2016 by a statutory de- mentation of policies on VAW. cree issued under the State of Emergency • Establishment of SV crisis centres. Main recommendations: rule (which lasted from 20 July 2016 to 19 • State provision of regular and adequate July 2018). Women’s CSOs state that there funding to independent women’s CSOs • Establishment of prosecution offices spe- • Designing of public services for refu- are no regular consultation mechanisms providing services to survivors of VAW, cialised in sexual crimes and that work in gees with a gender equality perspective. with the public authorities and that dialogue and the shelters they run, while ensur- coordination with SV crisis centres. and cooperation have significantly declined ing their autonomy. • Training of relevant service providers over the last couple of years. Most women’s • Ensuring effective prosecution of all on gender equality and VAW. CSOs mentioned that cooperation with the cases of sexual violence. public authorities is established sporadical- • Improving access of refugee women ly. The increasing influence of GONGOs in • Prevention of early and forced marriag- survivors of VAW to shelters. the areas of work of independent women’s es by regulations regarding the sexual CSOs is also mentioned in the shadow NGO abuse of children. report to GREVIO.

As of 24 October 2018, the number of Syrians is reported as 3,589,327 and of which 1,641,844 are women. Overall, only 157,958 of Syrians live in camps.

29 UNHCR, Turkey’s Monthly Statistics as of January 2017, http://www.unhcr.org/tr/wp-content/uploads/sites/14/2017/02/eng(67).pdf (accessed October 25, 2018).

30 TC İçişleri Bakanlığı Göç İdaresi Genel Müdürlüğü, Yıllara Göre Geçici Koruma Kapsamındaki Suriyeliler, Executive summary for Turkey http://www.goc.gov.tr/icerik3/gecici-koruma_363_378_4713 (accessed October 25, 2018). 38 31 Ibid. 39 WWW.WOMENLOBBY.ORG40