This document is an excerpt from the EUR-Lex website
EU accession to the Istanbul Convention
SUMMARY OF:
WHAT IS THE AIM OF THE CONVENTION AND THE DECISIONS?
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The Istanbul Convention aims to create a legal framework to protect women against all forms of violence, and addresses:
- legal measures criminalising different forms of violence against women;
- victim protection and support services;
- gender-based violence in migration and asylum.
- Decisions (EU) 2017/865 and 2017/866 authorise the European Union (EU) to sign the convention.
- Decisions (EU) 2023/1075 and 2023/1076 ratify the convention on behalf of the EU. The EU is now bound by ambitious and comprehensive rules to prevent and combat violence against women and domestic violence in the areas of judicial cooperation in criminal matters, asylum and non-refoulement, and with regard to its institutions and public administration.
- The six EU Member States that have not yet ratified the convention themselves will only be bound by the EU acquis, which implements the convention. Any other matters covered by the convention remain within the competence of the Member States. To ensure the full protection of the convention for women in those six Member States, the latter should ratify the convention themselves alongside the EU.
KEY POINTS
Definitions used in the convention
- Violence against women is understood as a violation of human rights and a form of discrimination against women and refers to all acts of gender-based violence resulting in, or likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.
- Domestic violence means all acts of physical, sexual, psychological or economic violence occurring within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim.
- Gender is understood as the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men.
- Gender-based violence against women is violence directed against a woman because she is a woman or that affects women disproportionately.
Objectives
The convention resolves to:
- protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence;
- help eliminate discrimination against women and promote equality between women and men, including by empowering women;
- design a comprehensive framework, policies and measures to protect and assist victims;
- promote international cooperation on this issue;
- provide support for organisations and law enforcement agencies to cooperate with each other to eliminate violence against women and domestic violence;
- set up a monitoring mechanism to ensure measures are implemented effectively.
Fundamental rights, equality and non-discrimination
Signatories must take legislative action to promote and protect the right of everyone, particularly women, to live free from violence in public and in private, including by:
- condemning and prohibiting all forms of discrimination against women;
- embodying the principle of equality between women and men in their national constitutions;
- abolishing laws and practices which discriminate against women.
Prevention
Prevention involves eradicating prejudices, customs, traditions and other practices based on the idea of the inferiority of women or on stereotyped roles for women and men, including through:
- education,
- awareness training,
- professional training,
- preventive intervention and treatment programmes,
- private sector and media participation.
Protection and support
Parties to the convention must protect victims from any further acts of violence by fulfilling reporting obligations and providing victims with:
- relevant information,
- general and specialist support services,
- assistance with individual and collective complaints,
- shelters,
- telephone helplines,
- support for victims of sexual violence,
- protection and support for child witnesses.
Legal remedies
Signatories must provide victims with remedies against perpetrators, and against state authorities who fail in their duty to prevent and protect (where it is within their scope), including by addressing the following:
- civil lawsuits and remedies,
- compensation,
- child custody, visitation rights and safety,
- civil consequences of forced marriage,
- psychological and physical violence,
- stalking,
- sexual violence, including rape,
- female genital mutilation,
- forced abortion and forced sterilisation,
- sexual harassment,
- ‘honour’ crimes,
- sanctions.
Investigation, prosecution, procedural law and protective measures
Issues addressed include:
- immediate response, prevention and protection,
- risk assessment and risk management,
- emergency barring, restraining and protection orders,
- legal aid,
- the extension of the statute of limitations.
Migration and asylum
Issues addressed include:
- residence status,
- gender-based asylum claims,
- non-refoulement.
DATE OF ENTRY INTO FORCE
The convention was signed on behalf of the EU on 13 June 2017, and the procedure was completed with the deposit of two instruments of approval on 28 June 2023, triggering the entry into force of the convention for the EU on 1 October 2023.
BACKGROUND
For further information, see:
- Istanbul Convention (Council of Europe).
MAIN DOCUMENTS
Council of Europe Convention on preventing and combating violence against women and domestic violence Istanbul, 11.V.2011 (OJ L 143I, 2.6.2023, pp. 7–32).
Council Decision (EU) 2017/865 of 11 May 2017 on the signing, 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 (OJ L 131, 20.5.2017, pp. 11–12).
Council Decision (EU) 2017/866 of 11 May 2017 on the signing, 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 asylum and non-refoulement (OJ L 131, 20.5.2017, pp. 13–14).
Council Decision (EU) 2023/1075 of 1 June 2023 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 institutions and public administration of the Union (OJ L 143I, 2.6.2023, pp. 1–3).
Council Decision (EU) 2023/1076 of 1 June 2023 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 (OJ L 143I, 2.6.2023, pp. 4–6).
RELATED DOCUMENTS
Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values Programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU) No 390/2014 (OJ L 156, 5.5.2021, pp. 1–20).
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Union of Equality: Gender Equality Strategy 2020–2025 (COM(2020) 152 final, 5.3.2020).
last update 12.10.2023