RAPPORTEUR GROUP

Legal co-operation

GR-J(2020)5

28 February 2020[1]

Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210) – Request by Kazakhstan to be invited to accede Item to be considered by the GR-J at its meeting on 31 March 2020

 

1.         By a letter received and registered at the Secretariat General on 20 November 2019, Mr Mukhtar TILEUBERDI, Minister of Foreign Affairs of the Republic of Kazakhstan, expressed to the Secretary General of the Council of Europe the interest of the Government of Kazakhstan to be invited to accede to the Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210) (see Appendix 1).

2.         According to Article 76, paragraph 1, of the Convention and in line with the practice of the Council of Europe, the Secretariat proceeded to a consultation of member States of the Council of Europe, requesting them to communicate to the Secretariat whether their authorities would object to the accession of Kazakhstan  to the Council of Europe Convention on preventing and combating violence against women and domestic violence if the request to be invited to accede was formally submitted to the Committee of Ministers. The deadline for replying was 31 January 2020. No objection was communicated to the Secretariat.

3.         The relevant provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence can be summarised as follows.

a.         Summary of the Convention

4.         The Council of Europe Convention on preventing and combating violence against women and domestic violence (CETS No. 210) was opened for signature by the member States of the Council of Europe, by non-member States having participated in its elaboration and by the European Union,in Istanbul on 11 May 2011. It entered into force on 1 August 2014. The chart of signatures and ratifications appears in Appendix 2.

5.         This landmark Convention of the Council of Europe opens the path for creating a legal framework at pan-European level to protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence.

6.         The Convention also establishes a specific monitoring mechanism ("GREVIO") in order to ensure effective implementation of its provisions by the Parties.

b.         Procedure for accession

7.         Article 76, paragraph 1, of the Council of Europe Convention on preventing and combating violence against women and domestic violence provides that:

"After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties to this Convention and obtaining their unanimous consent, invite any non-member State of the Council of Europe, which has not participated in the elaboration of the Convention, to accede to this Convention by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe, and by unanimous vote of the representatives of the Parties entitled to sit on the Committee of Ministers.”

8.         In accordance with Resolution CM/Res(2019)3 on financial arrangements for the participation of non-member States in the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, adopted by the Committee of Ministers on 29 May 2019 at the 1347^th meeting of the Ministers' Deputies, non-member States of the Council of Europe must pay an annual financial contribution when they participate, as of right, in the follow-up mechanism of the Convention. A minimum amount of 7500€ is set in the Resolution.

9.         Given the above, the Deputies may wish to invite Kazakhstan to accede to the Council of Europe Convention on preventing and combating violence against women and domestic violence.

Appendix 1

Appendix 2 – Chart of signatures and ratifications of Convention CETS No.210

Chart of signatures and ratifications of Treaty 210

Council of Europe Convention on preventing and combating violence
against women and domestic violence

Status as of 18/02/2020

Title	Council of Europe Convention on preventing and combating violence against women and domestic violence
Reference	CETS No.210
Opening of the treaty	Istanbul, 11/05/2011 - Treaty open for signature by the member States, the non-member States which have participated in its elaboration and by the European Union, and for accession by other non-member States
Entry into Force	01/08/2014 - 10 Ratifications including 8 Member States.

Members of Council of Europe

	Signature	Ratification	Entry into Force	Notes	R.	D.	A.	T.	C.	O.
Albania	19/12/2011	04/02/2013	01/08/2014
Andorra	22/02/2013	22/04/2014	01/08/2014		R.			T.	C.
Armenia	18/01/2018				R.
Austria	11/05/2011	14/11/2013	01/08/2014							O.
Azerbaijan
Belgium	11/09/2012	14/03/2016	01/07/2016
Bosnia and Herzegovina	08/03/2013	07/11/2013	01/08/2014
Bulgaria	21/04/2016
Croatia	22/01/2013	12/06/2018	01/10/2018		R.	D.
Cyprus	16/06/2015	10/11/2017	01/03/2018		R.
Czech Republic	02/05/2016				R.
Denmark	11/10/2013	23/04/2014	01/08/2014		R.
Estonia	02/12/2014	26/10/2017	01/02/2018				A.
Finland	11/05/2011	17/04/2015	01/08/2015		R.					O.
France	11/05/2011	04/07/2014	01/11/2014		R.		A.
Georgia	19/06/2014	19/05/2017	01/09/2017		R.
Germany	11/05/2011	12/10/2017	01/02/2018		R.
Greece	11/05/2011	18/06/2018	01/10/2018		R.
Hungary	14/03/2014
Iceland	11/05/2011	26/04/2018	01/08/2018
Ireland	05/11/2015	08/03/2019	01/07/2019		R.
Italy	27/09/2012	10/09/2013	01/08/2014
Latvia	18/05/2016				R.	D.
Liechtenstein	10/11/2016
Lithuania	07/06/2013					D.
Luxembourg	11/05/2011	07/08/2018	01/12/2018
Malta	21/05/2012	29/07/2014	01/11/2014		R.
Monaco	20/09/2012	07/10/2014	01/02/2015		R.
Montenegro	11/05/2011	22/04/2013	01/08/2014
Netherlands	14/11/2012	18/11/2015	01/03/2016					T.		O.
North Macedonia	08/07/2011	23/03/2018	01/07/2018		R.
Norway	07/07/2011	05/07/2017	01/11/2017							O.
Poland	18/12/2012	27/04/2015	01/08/2015		R.	D.
Portugal	11/05/2011	05/02/2013	01/08/2014
Republic of Moldova	06/02/2017
Romania	27/06/2014	23/05/2016	01/09/2016		R.
Russian Federation
San Marino	30/04/2014	28/01/2016	01/05/2016
Serbia	04/04/2012	21/11/2013	01/08/2014		R.
Slovak Republic	11/05/2011
Slovenia	08/09/2011	05/02/2015	01/06/2015		R.
Spain	11/05/2011	10/04/2014	01/08/2014			D.		T.
Sweden	11/05/2011	01/07/2014	01/11/2014		R.					O.
Switzerland	11/09/2013	14/12/2017	01/04/2018		R.					O.
Turkey	11/05/2011	14/03/2012	01/08/2014
Ukraine	07/11/2011
United Kingdom	08/06/2012

Non-Members of Council of Europe

	Signature	Ratification	Entry into Force	Notes	R.	D.	A.	T.	C.	O.
Canada
Holy See
Japan
Mexico
United States of America

International Organisations

	Signature	Ratification	Entry into Force	Notes	R.	D.	A.	T.	C.	O.
European Union	13/06/2017

Total number of signatures not followed by ratifications	12
Total number of ratifications/accessions	34

a: Accession s: Signature without reservation as to ratification su: Succession r: Signature "ad referendum".
R.: Reservations D.: Declarations, Denunciations, Derogations A.: Authorities T.: Territorial Application C.: Communication O.: Objection.

Source : Treaty Office on http://conventions.coe.int - * Disclaimer.