PURPOSE: to conclude, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement.

LEGISLATIVE ACT: Council Decision (EU) 2023/1076 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement.

CONTENT: under this Decision, the Council of Europe Convention on preventing and combating violence against women and domestic violence is hereby approved on behalf of the Union with regard to matters related to judicial cooperation in criminal matters and to asylum and non-refoulement, insofar as they fall within the exclusive competence of the Union . The Union’s accession to the Convention shall be without prejudice to the Member States’ competence as regards the ratification of the Convention on matters falling within their national competences.

The Council of Europe Convention on preventing and combating violence against women and domestic violence is the first international instrument aiming to eliminate violence against women , including girls under the age of 18, as a root cause of persisting inequality between men and women, by setting up a comprehensive framework of legal and policy measures to prevent violence against women and protect and assist victims of such violence. The Convention entered into force on 1 April 2014.

The Convention was signed on 13 June 2017 on behalf of the Union with regard to matters related to judicial cooperation in criminal matters and with regard to asylum and non-refoulement, subject to its conclusion at a later date.

The Convention creates a comprehensive and multifaceted legal framework to protect women against all forms of violence. It seeks to prevent, prosecute and eliminate violence against women and girls and domestic violence. It covers a broad range of measures, from data collection and awareness-raising to legal measures on criminalising different forms of violence against women. It includes measures for the protection of victims and the provision of support services, and addresses the gender based violence dimension in matters of asylum and migration. The Convention establishes a specific monitoring mechanism in order to ensure effective implementation of its provisions by the Parties.

Violence against women is not only a criminal offence but also a violation of their human rights and an extreme form of discrimination, entrenched in gender inequalities and contributing to maintaining and reinforcing them. By committing to the implementation of the Convention, the Union confirms its engagement in combating violence against women within its territory and globally and reinforces its current political action and existing substantial legal framework in the area of criminal procedural law, which is of particular relevance for women and girls. This Decision concerns only the provisions of the Convention on judicial cooperation in criminal matters and asylum and non-refoulement insofar as those provisions may affect common rules or alter their scope. It does not concern the institutions or public administration of the Union, which are addressed by a separate Council decision to be adopted in parallel with this Decision.

ENTRY INTO FORCE: 22.6.2023.

The European Parliament adopted by 464 votes to 81, with 45 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement.

The European Parliament gave its consent to the conclusion of the Convention.

The Council of Europe Convention on preventing and combating violence against women (‘Istanbul Convention’), which came into force in 2014, is the first legally binding international instrument on preventing and combating violence against women and girls at international level. It is the first international text that is legally defining violence against women and establishes a comprehensive framework of legal and policy measures for preventing such violence, supporting victims and punishing perpetrators.

The Convention recognises violence against women as a violation of human rights and a form of discrimination against women. It covers various forms of gender-based violence against women, which refers to violence directed against women because they are women or violence affecting them disproportionately.

The Convention defines and criminalises various forms of violence against women: psychological violence, stalking, physical violence, including rape, forced marriage, female genital mutilation, forced abortion, forced sterilisation as well as sexual harassment. It prevents violence by obliging parties to invest in education, training for experts, and treatment programmes for perpetrators. It protects victims by obliging states to establish appropriate support services.

The Istanbul Convention is at the centre of a monitoring system, based on a two pillar monitoring mechanism: (i) an independent expert body (GREVIO), which draws up reports on the themes of the Convention; (ii) a Committee of the Parties (which follows up on GREVIO reports and makes recommendations to the parties concerned).

The Council has now requested the European Parliament’s consent to the conclusion of the Convention divided in two draft decisions one with regard to institutions and public administration of the Union, and the other with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement.