STUDY Requested by the FEMM committee Tackling violence against women and domestic violence in Europe The added value of the Istanbul Convention and remaining challenges Policy Department for Citizens’ Rights and Constitutional Affairs Directorate-General for Internal Policies PE 658.648 - October 2020 EN Tackling violence against women and domestic violence in Europe The added value of the Istanbul Convention and remaining challenges Abstract This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the FEMM Committee. It aims to understand the implementation of the Convention, its added value, arguments against the ratification of the Convention, and the impact of the COVID-19 pandemic on violence against women (VAW) and domestic violence (DV). The 27 EU Member States are included in the study, together with Turkey, which offers a comparator of the impact of the ratification of the Convention by a non-EU country. This document was requested by the European Parliament's Committee on Women’s Rights and Gender Equality (FEMM). AUTHORS Nathalie MEURENS, ICF Hayley D’SOUZA, ICF Saredo MOHAMED, ICF Els LEYE, Ghent University/Consultant Nazia CHOWDHURY, ICF Stelios CHARITAKIS, ICF Kate, REGAN, ICF SENIOR EXPERT The authors are grateful for the feedback of the senior expert: Prof Dr Els LEYE, Ghent University/consultant COUNTRY EXPERTS Austria: Inga PAVLOVAITE Belgium: Nathalie MEURENS Bulgaria: Madlen NIKOLOVA Croatia: Jelena MILOVANOVIC Cyprus: Stelios CHARITAKIS Czechia: Klara KOVAROVA Denmark: Dora VAJAI Estonia: Anu LAAS Finland: Nazia CHOWDHURY France: Magali GAY-BERTHOMIEU Germany: Inga PAVLOVAITE Greece: Stelios CHARITAKIS Hungary: Dora VAJAI Ireland: Saredo MOHAMED Italy: Hayley D’SOUZA Latvia: Kristīne DUPATE Lithuania: Inga PAVLOVAITE Luxembourg: Nathalie MEURENS Malta: Saredo MOHAMED Netherlands: Eline WILDOER and Hayley D’SOUZA Poland: Karolina JAKUBOWSKA Portugal: Rachel MARSHALL Romania: Irina ULCICA Slovakia: Klara KOVAROVA Slovenia: Hayley D’SOUZA Spain: Claudia ABDALLAH Sweden: Nazia CHOWDHURY Turkey: Gizem GUNEY ADMINISTRATOR RESPONSIBLE Martina SCHONARD EDITORIAL ASSISTANT Sandrina MARCUZZO LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR Policy departments provide in-house and external expertise to support EP committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny over EU internal policies. To contact the Policy Department or to subscribe for updates, please write to: Policy Department for Citizens’ Rights and Constitutional Affairs European Parliament B-1047 Brussels Email: [email protected] Manuscript completed in October 2020 © European Union, 2020 This document is available on the internet at: http://www.europarl.europa.eu/supporting-analyses DISCLAIMER AND COPYRIGHT The opinions expressed in this document are the sole responsibility of the authors and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. Tackling violence against women and domestic violence in Europe CONTENTS LIST OF ABBREVIATIONS 6 LIST OF BOXES 9 LIST OF FIGURES 10 LIST OF TABLES 11 EXECUTIVE SUMMARY 12 INTRODUCTION 17 1.1. Aims of the study 17 1.2. Methods used to gather evidence for this study 17 1.2.1. Literature review 18 1.2.2. Legal and policy mapping 18 1.2.3. National data collection 19 1.2.4. Stakeholder consultation (online survey) 19 TACKLING VIOLENCE AGAINST WOMEN ACROSS EUROPE THROUGH POLICY, LEGISLATION AND THE ISTANBUL CONVENTION 20 2.1. Why are laws and policies tackling violence against women and domestic violence needed across the EU? 21 2.1.1. The scale of the problem: violence against women and domestic violence in numbers 21 2.1.2. An EU-wide issue exacerbated by the COVID-19 pandemic 23 2.2. The EU response to violence against women 24 2.2.1. Existing EU legislation and policies tackling violence against women and domestic violence 24 2.2.2. Tackling violence against women and domestic violence through programmes and initiatives 25 2.3. What is the Istanbul Convention? 26 2.3.1. The Convention’s adoption 26 2.3.2. Overview of the key obligations under the Istanbul Convention 27 2.3.3. EU Member States and Turkey’s ratification of the Istanbul Convention 29 2.3.4. The Istanbul Convention and the EU 31 THE ADDED VALUE OF THE ISTANBUL CONVENTION 33 3.1. Implementation of the Istanbul Convention across the EU and Turkey 34 3.1.1. Legislative developments following the ratification 34 3.1.2. New forms of violence adopted as criminal offences under national laws 40 3.1.3. Case-law developments 72 3.1.4. Policy responses to the ratification of the Istanbul Convention 76 PE 658.648 3 IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs 3.1.5. Protection of women victims of violence and their children 79 3.1.6. Impact of the Convention, good practices and remaining challenges identified across the EU-27 and Turkey 90 3.2. How does the Istanbul Convention bring added value? 100 3.2.1. Innovations from the Convention 100 3.2.2. A stronger international law framework tackling violence against women 102 3.2.3. The GREVIO process and closer monitoring 103 THE REASONS FOR AND IMPACT OF NOT RATIFYING THE ISTANBUL CONVENTION 107 4.1. Understanding some of the national resistance to ratifying 108 4.1.1. Overview of signature and the failed ratification processes 108 4.1.2. Understanding the arguments against the ratification 110 4.1.3. Arguments and actors resisting the Convention country-by-country 113 4.1.4. Understanding the risk of withdrawing from the Istanbul Convention 122 4.1.5. Resistance in other Member States which have ratified 124 4.2. Gender identity and the Istanbul Convention: what is the implication of ratifying the Convention? 127 4.2.1. What does the Convention actually require in relation to gender? 127 4.2.2. What does international law require in relation to the ground of gender? 130 4.2.3. What does the EU law say about the ground of gender? 130 THE IMPACT OF AND RESPONSE TO COVID-19 ON VIOLENCE AGAINST WOMEN 132 5.1. Impact of COVID-19 on violence against women 133 5.1.2. Data on Violence Against Women since outbreak of COVID-19 133 5.1.3. Thematic analysis of impact of COVID-19 on VAW 147 5.2. National responses to Violence Against Women in relation to COVID-19 155 5.2.1. Coordinated actions and strategies 157 5.2.2. Legal system 158 5.2.3. Strengthening support services 159 5.2.4. Awareness-raising campaigns 161 5.2.5. Summary of response to violence against women due to COVID-19 by country 162 CONCLUSIONS AND RECOMMENDATIONS 178 6.1. Conclusions 178 6.1.1. The added value of the Istanbul Convention 178 6.1.2. The reasons for and impact of not ratifying the Istanbul Convention 180 6.1.3. The impact of and response to COVID-19 on violence against women 182 6.2. Recommendations 182 6.2.1. Recommendation 1: Strengthen the legal framework by fully reflecting the Convention’s substantial law provisions in the legislation 183 4 PE 658.64 Tackling violence against women and domestic violence in Europe 6.2.2. Recommendation 2: Ensure the full implementation of the Istanbul Convention’s provisions 184 6.2.3. Recommendation 3: Ensure an integrated, gender-sensitive, intersectional and evidence-based policy framework 185 6.2.4. Recommendation 4: Ensure adequate prevention, protection and service provision 186 6.2.5. Recommendation 5: Promote gender equality, education and awareness-raising on the various forms of violence and gender stereotypes 186 REFERENCES 188 PE 658.648 5 IPOL | Policy Department for Citizens’ Rights and Constitutional Affairs LIST OF ABBREVIATIONS ANES Romania National Agency for Equal Opportunities between Women and Men CAHVIO Committee for preventing and combating violence against women and domestic violence CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CJEU Court of Justice of the European Union CoE Council of Europe DV Domestic Violence ECHR European Charter on Human Rights ECtHR European Court of Human Rights EIGE European Institute for Gender Equality EU European Union EU-27 27 Members States which make up the European Union from 1st February 2020 FEMM European Parliament Committee on Women's Rights and Gender Equality FGM Female genital mutilation FAQ Frequently asked questions FRA Fundamental Rights Agency GREVIO Group of Experts on Action against Violence against Women and Domestic Violence IVF In vitro fertilisation IPV Intimate Partner Violence Istanbul Council of Europe Convention on preventing and combating violence against Convention women and domestic violence MEGA Luxembourg Ministry of Equal Opportunity MEP Member of European Parliament 6 PE 658.64 Tackling violence against women and domestic violence in Europe MP Member of Parliament NAP National action plan NAPE Finland Committee for Combating VAW and DV NGOs Non-Governmental Organisations PPE Personal protective equipment RCC Rape crisis centre StGB Strafgesetzbuch (German Criminal Code) TFEU Treaty on the Functioning of the European Union TEU Treaty on the European Union UN United Nations UNDP United Nations Devlopment Programme UNODC United Nations Office on Drugs and Crime VAW Violence Against Women ZPND Slovenia Domestic Violence Prevention Act COUNTRY ABBREVIATIONS AT Austria BE Belgium BG Bulgaria CY Cyprus CZ Czechia DE