Committee of the Parties
Council of Europe Convention
on Preventing and Combating
Violence against Women
and Domestic Violence
(Istanbul Convention)
______________________________________
Report of the 2nd meeting
Strasbourg, 14 December 2015
IC-CP/Inf(2016)RAP2
Published on 12 February 2016
Table of contents
Agenda item 1: .... Opening of the meeting and adoption of the agenda
Agenda item 6: .... Dates of the next meeting
Agenda item 7: .... Other business
Agenda item 8: .... Adoption of the list of decisions
Appendix II: ......... List of attendees
1. The Committee of the Parties to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (hereinafter referred to respectively as “the Committee” and “the Convention”) held its 2nd meeting in Strasbourg on 14 December 2015.
2. The meeting was opened by the Chair of the Committee, Mr Erdoğan Işcan. The Chair noted that it was the first time that the Committee met in its full composition in accordance with Rule 2, paragraphs 1 and 2 of its Rules of Procedure, with members of the Committee representing not only the 18 member States in which the Convention was in force, but also participants representing States (the Netherlands in the present case) which had ratified the Convention but for which the Convention had not yet entered into force, the 20 signatory States and the European Union, as well as participants representing Council of Europe organs and other bodies. He also provided details about Council of Europe activities pertaining to the Istanbul Convention and violence against women which took place in recent months.
3. The members of the Committee were invited to adopt the draft agenda of the meeting. The agenda, as adopted by the Committee, is set out in Appendix I. The list of attendees is set out in Appendix II.
4. The Chair recalled that the first 10 members of GREVIO were elected at the 1st meeting of the Committee on 4 May 2015. He indicated that he had an opportunity to hold a first exchange of views with GREVIO at its 1st meeting of 21-23 September 2015. At that meeting, he underlined the importance the Committee attaches to the independence of GREVIO and the need for close co-ordination between the two bodies of the Istanbul Convention monitoring mechanism.
5. The President of GREVIO, Ms Feride Acar, provided details about progress made by GREVIO in its work, following two plenary meetings. The Group adopted its Rules of Procedure, which contained various rules on the internal functioning of the Group, the evaluation procedure, the inquiry procedure, the protection of persons or organisations communicating with GREVIO, relations with parliamentarians and the adoption of general recommendations.
6. As regards the scope of application of the Convention, the President of GREVIO said that Article 2, paragraph 1 of the Convention made it clear that the Parties were under a legal obligation to take action to prevent and combat all forms of violence against women, including domestic violence against women. Thus, GREVIO’s mandate would be to monitor the issue of violence against women, including domestic violence against women. GREVIO would leave it open for the Parties to report on action in respect of all victims of domestic violence. Where they do so, the Group would have to examine whether the authorities paid particular attention to women victims of gender-based violence, as required by Article 2, paragraph 2 of the Convention.
7. As far as the evaluation procedure is concerned, the President of GREVIO indicated that the Group had decided to adopt, by March 2016, a questionnaire to be sent to the Parties. She recalled that the objective would be to facilitate State reporting in application of Article 68, paragraph 1 of the Convention. It is also intended to facilitate shadow reporting by the civil society. The questionnaire would just be a first step in the procedure which would lead to the adoption of country evaluation reports by GREVIO and possibly recommendations by the Committee of the Parties.
8. The President of GREVIO emphasised that the Group wished to take into account what had been done in the context of other monitoring procedures and in the intergovernmental field. By way of illustration, at its first meeting, the Group held an exchange of views with the President and the 1st Vice-President of the Group of Experts on Action against Trafficking in Human Beings (GRETA), Mr Nicolas Le Coz and Ms Siobhán Mullally. She also referred to a hearing of Ms Carol Hagemann-White, who had been involved in the drawing-up of the most recent questionnaire of the Gender Equality Commission (GEC) on the implementation of the Committee of Ministers’ Recommendation Rec(2005)2 on the protection of women against violence.[1]
9. The President of GREVIO indicated that the Group was aware of the need for greater synergies in preventing and combating violence against women and referred to the conference held in Sarajevo on 20 October 2015 in the context of the Bosnian Chairmanship of the Committee of Ministers. At its second meeting in November, GREVIO held an exchange of views with the United Nations Special Rapporteur on Violence against Women, its causes and its consequences, Ms Dubravka Simonović.
10. In the opinion of the President of GREVIO, it was very positive that the Parties had generally showed strong determination to implement the Convention. Nevertheless, she said that concerns were raised within GREVIO about the potential impact that declarations and reservations of a general nature might have on monitoring work. She referred to the declaration reiterated by Poland upon ratification that it would apply the Convention in accordance with the principles and the provisions of its Constitution.
11. The President concluded by saying that GREVIO was pleased to see that a growing number of member States of the Council of Europe signed and ratified the Convention and that at this pace, the 25th ratification may take place by the end of 2016 and trigger the election, by the Committee, of five more members of GREVIO.
12. A number of Committee members and participants asked whether GREVIO started to reflect on the way to proceed with the questionnaire once it is adopted, in particular on how to avoid overlaps with similar exercises by other independent monitoring bodies, how much time the Parties would be given to report to GREVIO and how best to prepare the relevant authorities in their country to report effectively. The President of GREVIO replied that the timeframe was definitely a major challenge as expectations were high. GREVIO’s main objective should nevertheless be to monitor the implementation of the Convention in a strong, consistent and credible manner and use all the necessary means at its disposal for this purpose. The future questionnaire should cover the various chapters of the Convention and that the same questionnaire should be sent to all the Parties. Several options were said to be under consideration in GREVIO on the way to carry out this first assessment in each Party. The first steps for the Parties to prepare for this initial monitoring would be to designate or establish official co-ordinating bodies in application of Article 10 of the Convention, to start co-ordinating the collection of relevant data on violence against women and to continue to raise awareness among relevant public officials and civil society actors about the requirements of the Convention and its monitoring mechanism.
13. In reaction to questions about the input of the civil society, the President of GREVIO and the Executive Secretary said that, when adopting its Rules of Procedure, the Group encouraged the use of existing networks of women’s organisations and the establishment of coalitions of non-governmental organisations. They added that the Group’s Rules of Procedure allow for the organisation of in camera hearings with representatives of non-governmental organisations and other civil society actors.
14. The Chair recalled that, at its 1st meeting, the Committee invited the Parties to provide the Secretariat with information on official co-ordinating bodies designated or established in application of Article 10 of the Convention. Consequently, most Parties designated one or more co-ordinating bodies. Malta informed the Secretariat that it was in the process of establishing an official co-ordinating body at inter-ministerial level.
15. The representatives of Andorra, Finland, Montenegro, Poland and Slovenia indicated that their authorities were in the process of designating or establishing an official co-ordinating body.
16. The representatives of Albania, Bosnia and Herzegovina, Montenegro, Portugal and Serbia provided an update or clarifications on their co-ordinating bodies and measures taken at national level to co-ordinate action to prevent and combat violence against women. The representative of Belgium shared information on the future Belgian co-ordinating body.
17. The Committee took note of the information provided by representatives of the Parties and signatory States. The Parties which have not yet done so were urged to provide the Secretariat with the necessary information. An updated list of official co-ordinating bodies can be found in Appendix III.
18. The Chair referred to the decision made by the Committee at its 1st meeting to encourage Council of Europe member States that have not yet done so to sign and ratify the Convention in the near future.
19. Ireland signed the Convention and the Netherlands ratified it in November 2015. The representative of Belgium announced that the Belgian Parliament had ratified the Convention in early December.
20. Several representatives of signatory States, in particular Georgia, Germany, Luxembourg, Romania, San Marino and Switzerland, provided information on progress made towards ratification.
21. The Chair recalled that eight member States of the Council of Europe had not yet signed the Convention (Armenia, Azerbaijan, Bulgaria, the Czech Republic, Latvia, Liechtenstein, the Republic of Moldova and the Russian Federation).
22. The Committee encouraged further signatures and ratifications by member States at the earliest opportunity.
23. The representative of the European Union made a presentation of the indicative roadmap towards ratification of the Istanbul Convention and provided the Committee with information undertaken by the European Union in the field of violence against women.
24. The roadmap was welcomed as a first step towards signature and ratification of the Convention by the European Union.
25. The Chair indicated that a large number of Parties made declarations and/or reservations to the Convention. He referred to Articles 78 and 79 of the Convention, according to which reservations concern a limited number of specific provisions and had limitations in time. In addition, he recalled that, in accordance with Article 19 (c) of the 1969 Vienna Convention on the Law of Treaties, States may make reservations unless they are incompatible with the object and purpose of the treaty.
26. The Chair underlined that the Committee did not have the authority to challenge any declaration or reservation made by a Party, which is the prerogative of any other Party to the Convention. In this connection, he pointed out that an objection may be made within the limit of 12 months after a reservation is notified or by the date on which the Party concerned expressed its consent to be bound by the treaty, whichever is later.
27. The Chair indicated that there was no impediment for an exchange of views on the matter in the Committee. Reference was also made to similar exchanges of views within the Council of Europe’s Committee of Legal Advisers on Public International Law (CAHDI).
28. The Committee took note of GREVIO’s concerns regarding the impact of certain declarations and reservations on its monitoring work. It invited the Parties and signatory States to review any declarations and reservations to the Convention made by them, in the light of its discussion. It also encouraged the Parties to align internal law with the Convention with a view to withdrawing any reservations made in accordance with Article 78 of the Convention at the earliest opportunity.
29. Representatives of the Secretariat dealing with co-operation activities provided an update on the work carried out within the framework of the Project “Preventing and Combating Violence against Women and Domestic Violence in Ukraine”, funded by the Swedish International Development Cooperation Agency (SIDA) and implemented by the Council of Europe, and those under the Norway Grants/European Economic Area (EEA) Grants in Bulgaria, Poland, Romania and the Slovak Republic.
30. Reference was also made to a fund with a view to developing technical assistance to support the implementation of the Convention. Turkey indicated that it planned to allocate 100,000 euros to this account. Andorra made a contribution of 20,000 euros for activities related to violence against women and domestic violence. Monaco informed the Committee of a triennial voluntary contribution amounting to at least 85,000 euros by the Monegasque authorities to the programme “Combating violence against women, domestic violence and violence against children in the South Mediterranean Region”.
31. The Committee took note of the information provided and invited the Parties to contribute to the development of co-operation activities aimed at supporting States in the implementation of the Convention.
32. The Committee agreed to meet after GREVIO adopted its questionnaire and decided to hold its next meeting in the last week of April 2016. The meeting will take place on 26 April 2016.
33. The Executive Secretary informed the Committee that it would be called upon to designate a Gender Equality Rapporteur at its next meeting.
34. The Committee approved the decisions taken at the meeting.
1. Opening of the meeting and adoption of the agenda
2. Exchange of views with the President of the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO)
3. Designation or establishment of co-ordinating bodies in application of Article 10 of the Convention
4. State of signatures and ratifications of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence
a. Action taken by member States of the Council of Europe towards ratification of the Convention
b. Presentation of the indicative roadmap published by the European Union Commission in October 2015
c. Declarations and reservations
5. Information on co-operation activities of the Council of Europe of interest to the Committee of the Parties
6. Dates of next meeting
7. Other business
8. Adoption of the list of decisions taken
BUREAU
Mr Erdoğan İŞCAN
Chair of the Committee of the Parties
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Turkey to the Council of Europe
Mr Rudolf LENNKH
First Vice-Chair of the Committee of the Parties
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Austria to the Council of Europe
Mme Jocelyne CABALLERO
Seconde Vice-Présidente du Comité des Parties
Ambassadeur
Représentante permanente de la France auprès du Conseil de l’Europe
MEMBERS / MEMBRES
ALBANIA / ALBANIE
Mme Merita XHAFAJ
General Director
Ministry of Youth and Social Welfare
Ms Ardiana HOBDARI
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Albania to the Council of Europe
ANDORRA / ANDORRE
Mme Maria Esther RABASA GRAU
Ambassadeur
Représentante permanente de l’Andorre auprès du Conseil de l’Europe
M. Joan FORNER ROVIRA
Représentant permanent adjoint de l’Andorre auprès du Conseil de l’Europe
AUSTRIA / AUTRICHE
Mr Martin REICHARD
Deputy to the Permanent Representative of Austria to the Council of Europe
BOSNIA AND HERZEGOVINA / BOSNIE-HERZEGOVINE
Ms Samra HADŽIABDIĆ
Director of the Gender Equality Agency of Bosnia and Herzegovina
DENMARK / DANEMARK
Ms Inger HORTER
Permanent Representation of Denmark to the Council of Europe
FINLAND / FINLANDE
Ms Merja LAHTINEN
Desk Officer, Council of Europe, OSCE’s Human Dimension
Ministry of Foreign Affairs
Ms Satu MATTILA-BUDISCH
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Finland to the Council of Europe
FRANCE
M. Alexis RINCKENBACH
Chef du Bureau des affaires européennes et internationales
Direction générale de la cohésion sociale
Ministère des affaires sociales et de la santé
ITALY / Italie
Mr Michele PALMA
Director General
Department for Equal Opportunities of the Italian Presidency of the Council of Ministers
MALTA / MALTE
Ms Louise CALLEJA
Police Inspector
Ms Tania CARABOTT
Deputy Permanent Representative of Malta to the Council of Europe
MONACO
Mme Sylvie LOUCHE-LEANDRI
Chef de la Division Action Sociale du Service Social de la Direction de l'Action Sanitaire et Sociale du Gouvernement monégasque
M. Rémi MORTIER
Ambassadeur extraordinaire et plénipotentiaire
Représentante permanente de Monaco auprès du Conseil de l’Europe
M. Gabriel REVEL
Adjoint à la Représentante permanente de Monaco auprès du Conseil de l’Europe
MONTENEGRO / MONTÉNÉGRO
Ms Božidarka KRUNIĆ
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Montenegro to the Council of Europe
Ms Ana RADUSINOVIĆ
Deputy to the Permanent Representative of Montenegro to the Council of Europe
POLAND / POLOGNE
Ms Marta KACZMARSKA
Deputy to the Permanent Representative of Poland to the Council of Europe
PORTUGAL
Ms Marta SILVA
Head of the Domestic Violence / Gender Violence Unit at the Commission for Citizenship and Gender Equality of Portugal
SERBIA / SERBIE
Mr Dragan KNEZEVIĆ
Coordination Body for Gender Equality of the Government of the Republic of Serbia
SLOVENIA / SLOVENIE
Ms Eva TOMIČ
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Poland to the Council of Europe
SPAIN / ESPAGNE
Mr Luis TARIN MARTIN
Deputy to the Permanent Representative of Spain to the Council of Europe
SWEDEN / SUÈDE
Ms Ann Marie BOLIN PENNEGÅRD
Deputy to the Permanent Representative of Sweden to the Council of Europe
Ms Matilda ERIKSON
Permanent Representation of Sweden to the Council of Europe
TURKEY / TURQUIE
Ms Muzaffer Uyav GÜLTEKİN
Deputy to the Permanent Representative of Turkey to the Council of Europe
PARTICIPANTS
STATES WHICH HAVE RATIFIED BUT FOR WHICH THE CONVENTION HAS NOT YET ENTERED INTO FORCE / ÉTATS QUI ONT RATIFIÉ LA CONVENTION MAIS POUR LESQUELS LA CONVENTION N’EST PAS ENTRÉE EN VIGUEUR
NETHERLANDS / PAYS-BAS
Mr Onno ELDERENBOSCH
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of the Netherlands to the Council of Europe
STATES WHICH HAVE SIGNED BUT NOT YET RATIFIED THE CONVENTION / ÉTATS QUI ONT SIGNÉ LA CONVENTION MAIS QUI NE L’ONT PAS ENCORE RATIFIÉE
BELGIUM / BELGIQUE
Ms Marijke Weewauters
Institut pour l’Egalité des femmes et des hommes
Ms Deborah Kupperberg
Ministère de la Communauté française de Belgique
Direction de l’Egalité des Chances
CROATIA / CROATIE
Ms Ankica VRKLJAN SUČIĆ
Deputy to the Permanent Representative of Croatia to the Council of Europe
CYPRUS / CHYPRE
Mr Michael KARAGIORGIS
Deputy to the Permanent Representative of Cyprus to the Council of Europe
ESTONIA / ESTONIE
Ms Kärt JUHASOO-LAWRENCE
Deputy Permanent Representative of Estonia to the Council of Europe
Ms Tuuliki MARDISOO
Specialist / Deputy to the Permanent Representative of Estonia to the Council of Europe
GERMANY / ALLEMAGNE
Ms Garonne BEZJAK
Legal Adviser
Federal Ministry of Justice and for Consumer Protection
GEORGIA / GÉORGIE
Ms Mariam MAISAIA
Deputy Permanent Representative of Georgia to the Council of Europe
GREECE / GRÈCE
M. Stelios PERRAKIS
Ambassadeur
Représentant permanent de la Grèce auprès du Conseil de l’Europe
M. Socratis SOURVINOS
Adjoint au Représentant permanent de la Grèce au Conseil de l’Europe
HUNGARY / HONGRIE
Ms Adrienne TÓTH-FERENCI
Deputy to the Permanent Representative of Georgia to the Council of Europe
ICELAND / ISLANDE
Apologised/excusé
IRELAND / IRLANDE
Mr Peter GUNNING
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Ireland to the Council of Europe
Mr Martin SWITZER
Deputy to the Permanent Representative of Ireland to the Council of Europe
LITHUANIA / LITHUANIE
Ms Laima JUREVIČIENĖ
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Lithuania to the Council of Europe
Ms Dalia MARDOSAITĖ-VAIŠNORIENĖ
Deputy Permanent Representative of Lithuania to the Council of Europe
LUXEMBOURG
Mme Anne KAYSER-ATTUIL
Représentante permanente adjointe du Luxembourg auprès du Conseil de l’Europe
M. Benjamin BOLLENDORFF
Adjoint à la Représentante permanente du Luxembourg auprès du Conseil de l’Europe
NORWAY / NORVEGE
Ms Astrid Emilie HELLE
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of Norway to the Council of Europe
ROMANIA / ROUMANIE
Ms Aurora MARTIN
Senior counsellor
National Agency for Equality of chances between Women and Men, Romania
Mme Inginur RUSTEM
Deputy to the Permanent Representative of Romania to the Council of Europe
SAN MARINO / SAINT-MARIN
Mme Michela BOVI
Représentante permanente adjointe de Saint-Marin auprès du Conseil de l’Europe
SLOVAK REPUBLIC / RÉPUBLIQUE SLOVAQUE
Mr Tomáš GRÜNWALD
Deputy to the Permanent Representative of Slovak Republic to the Council of Europe
SWITZERLAND / SUISSE
Mr Can TUTUMLU
Deputy to the Permanent Representative of Switzerland to the Council of Europe
"THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA" /
« L’EX-RÉPUBLIQUE YOUGOSLAVE DE MACÉDOINE »
Mr Petar POP-ARSOV
Ambassador Extraordinary and Plenipotentiary
Permanent Representative of the Former Yugoslav Republic of Macedonia to the Council of Europe
Mr Toni PAVLOSKI
Deputy Permanent Representative of the Former Yugoslav Republic of Macedonia to the Council of Europe
UKRAINE
Apologised/excusé
UNITED KINGDOM / ROYAUME-UNI
Mr Mark GOREY
Deputy to the Permanent Representative of United Kingdom to the Council of Europe
EUROPEAN UNION / UNION EUROPÉENNE
Ms Sabine BÖHMERT
Legal Officer, European Union Commission’s Directorate General of Justice and Consumers
OTHER COUNCIL OF EUROPE BODIES / AUTRES INSTANCES DU CONSEIL DE l’EUROPE
Committee of Ministers / Comité des Ministres
Ms Katya TODOROVA
Chairperson of the Ministers’ Deputies
Ambassador
Permanent Representative of Bulgaria to the Council of Europe
Parliamentary Assembly of the Council of Europe / Assemblée parlementaire du Conseil de l’Europe
Ms Elise CORNU
Head of the Secretariat of the Committee on Equality and Non-Discrimination
Congress of Local and Regional Authorities of the Council of Europe / Congrès des pouvoirs locaux et régionaux du Conseil de l’Europe
Apologised/excusé
European Court of Human Rights / Cour européenne des droits de l’homme
Ms Sevim SONMEZ
Lawyer, Registry
Council of Europe Commissioner for Human Rights
Apologised/excusé
Conference of the INGOs of the Council of Europe / Conférence des OING du Conseil de l’Europe
Mme Anne NEGRE
Experte égalité entre les femmes et les hommes
INVITEES / INVITÉS
Ms Feride ACAR
President of the Group of Experts against Violence against Women and Domestic Violence (GREVIO)
SECRETARIAT / SECRÉTARIAT
Secretariat of the Committee of the Parties and GREVIO / Secrétariat du Comité des Parties et du GREVIO
Ms Bridget O’LOUGHLIN
Executive Secretary of the Committee of the Parties and GREVIO
Head of the Violence against Women Division
Equality and Human Dignity Department
Mr Johan FRIESTEDT
Administrator
Violence against Women Division
Ms Irida VARFI-BOEHRER
Administrative Assistant
Violence against Women Division
Ms Nadia BOLLENDER
Project Assistant
Violence against Women Division
Equality and Human Dignity Department - Co-operation activities of the Council of Europe of interest to the Committee of the Parties /
Service de l’Égalité et de la Dignité humaine - Activités de coopération du Conseil de l’Europe intéressant le Comité des Parties
Mr Gianluca ESPOSITO
Head of the Equality and Human Dignity Department
Ms Taina RISKI
Programme Advisor
Violence against Women Division
Ms Grazia Alessandra SIINO
Project Advisor
Violence against Women Division
Directorate of Legal Advice and Public International Law / Direction du Conseil juridique et du Droit international
Mr Jörg POLAKIEWICZ
Director
INTERPRETERS / INTERPRÈTES
Ms Chloé CHENETIER
Ms Pascale MICHLIN
Mr Christopher TYCZKA
(as of 1 February 2016)
Albania / ALbanie
National Council on Gender Equality
ANDORRA / Andorre
Service des Politiques d'Égalité
Département des Affaires Sociales
Ministère des Affaires Sociales, de la Justice et de l'Intérieur
AUSTRIA / autriche
Federal Ministry of Education and Women’s Affairs
(IV/4-Violence against Women and women-specific Legislation)
Bosnia and Herzegovina / bosnie-Herzegovine
Agency for Gender Equality (State Government Office)
DENMARK / Danemark
· Ministry of Education (Department of Gender Equality)
(“Violence in the family and in intimate relations”)
· Ministry of Immigration, Integration and Housing
(“Forced marriages” and other “honour-related offences”)
FINLAND / finlande
Official co-ordinating bodies are being set up/designated.
France
Direction générale de la Cohésion sociale
Ministère de la Santé, des Affaires sociales et des Droits des femmes
ITALY / italie
Department for Equal Opportunities of the Presidency of the Council of Ministers
MALTA / malte
National Commission for Domestic Violence
MONACO
Division Action sociale du Service social
Direction de l’Action sanitaire et sociale
Département des Affaires sociales et de la santé
MONTENEGRO
Official co-ordinating bodies are being set up/designated.
POLAND / pologne
Official co-ordinating bodies are being set up/designated.
Portugal
· Commission for Citizenship and Gender Equality
(under the Office of the Presidency of the Council of Ministers)
· National Human Rights Committee
(chaired by the Ministry of Foreign Affairs)
SERBIA / serbie
Government co-ordination body for gender equality
SLOVENIA / SLOVENIE
Official co-ordinating bodies are being set up/designated.
SPAIn / espagne
Délégation du Gouvernement pour la violence fondée sur le genre
SWEDEN / suede
Division for Gender Equality
Ministry of Health and Social Affairs
TURKEY / turquie
Directorate General of Status of Women
Ministry of Family and Social Policies
[1] Ms Carol Hagemann-White is also the author of an analytical study of government replies to the questionnaire, which was made public in March 2014.