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    Key facts about the Istanbul Convention

    Key facts about the Istanbul Convention

    A European landmark treaty to end violence against women

    The Convention on Preventing and Combating Violence against Women and Domestic Violence is a major human rights treaty establishing comprehensive legal standards to ensure women’s right to be free from violence. Resulting from the Council of Europe’s continuous efforts since the 1990’s to prevent violence against women and domestic violence, this European legal instrument was negotiated by its 47 member states and adopted on 7 April 2011 by its Committee of Ministers. It is known as the Istanbul Convention after the city in which it opened for signature on 11 May 2011. Three years later, on 1 August 2014, it entered into force following its 10th ratification. Since then, all governments that have ratified this treaty are bound by its obligations.

    To date, 34 member states of the Council of Europe have ratified the Istanbul Convention, and must adopt measures to fulfil their commitment to preventing and combating violence against women and domestic violence. In addition, 12 member states have signed it – along with the European Union. One of its first state parties, Turkey, notified its withdrawal from the convention in March 2021, which will take effect on 1 July 2021. Other member states of the Council of Europe are actively working towards ratification, and countries outside of the Council of Europe region have expressed their interest in joining, which is a possibility under the convention.

    Recognising women’s experiences of gender-based violence

    The Istanbul 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. Gender-based violence against women differs from other types of violence in that the fact that these are perpetrated against a woman is both the cause and the result of unequal power relations between women and men that lead to women’s subordinate status in the public and private spheres which contributes to making violence against women acceptable.

    Under the convention, the use of the term “gender” aims to acknowledge how harmful attitudes and perceptions about roles and behaviour expected of women in society play a role in perpetuating violence against women. Such terminology does not replace the biological definition of “sex”, nor those of “women” and “men”, but aims to stress how much inequalities, stereotypes and violence do not originate from biological differences, but from harmful preconceptions about women’s attributes or roles that limit their agency. Hence, the convention frames the eradication of violence against women and domestic violence in the advancement of equality between women and men. More information about the scope and the purposes of the Istanbul Convention can be found in the following leaflet:

    The Istanbul Convention: Questions and answers

    A response to multiple forms of violence against women

    The Istanbul Convention specifies several forms of gender-based violence against women that are to be criminalised (or, where applicable, otherwise sanctioned). These are:

    psychological violence

    stalking physical violence

    sexual violence (including rape)

    forced marriage

    female genital mutilation

    forced abortion

    forced sterilisation

    sexual harassment

    In addition, the Istanbul Convention sets out the obligation to ensure that culture, custom, religion, tradition or so-called “honour” are not regarded as justification for any of the acts of violence covered by its scope.

    The Istanbul Convention also covers domestic violence, including all acts of physical, sexual, psychological or economic violence that occur 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. Owing to the seriousness of such violence, it requires ensuring that the circumstances in which the offence was committed against a former or current spouse or partner, by a member of the family, a person cohabiting with the victim or a person having abused her or his authority, may entail a harsher sentence either as an aggravating circumstance or a constituent element of the offence. The convention asks states to ensure the safety and support of victims of domestic violence perpetrated by family members, spouses or intimate partners, regardless of their marital or non-marital status. The convention can, and must be applied irrespective of the legal definitions of “family” or “marriage” and recognition, or not, of same-sex relationships. These are matters for each state to decide since the legal recognition of same-sex unions or adoption by same-sex couple is outside the scope of the Istanbul Convention.

    Four aims: Prevention, Protection, Prosecution and co-ordinated Policies

    The Istanbul Convention is a major step towards a comprehensive and harmonised response to ensuring a life free of violence for all women and girls across and beyond Europe. Its obligations cover four areas of action, often called the four “Ps”. These are: preventing violence against women, protecting victims, prosecuting perpetrators, as well as implementing related comprehensive and co-ordinated policies. These four main objectives encompass various provisions, including legal and practical measures aimed to trigger concrete changes in national responses to violence against women and domestic violence. The below infographics explain what this means in detail.

    स्रोत : www.coe.int

    Protection of Women from Domestic Violence Act, 2005

    Protection of Women from Domestic Violence Act, 2005

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    This article is about Indian law. For other related topics, see Outline of domestic violence.

    Protection of Women from Domestic Violence Act of 2005

    Parliament of India hide

    Long title

    An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.

    Citation Act No. 43 of 2006

    Enacted by Parliament of India

    Assented to 13 September 2005

    Commenced 26 October 2006

    Status: In force

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    The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government and Ministry of Women and Child Development on 26 October 2006. The Act provides a definition of "domestic violence" for the first time in Indian law, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional, verbal, sexual and psychological abuse.[1] It is a civil law meant primarily for protection orders, rather than criminal enforcement.

    Contents

    1 Definitions 2 Scope

    3 Options of aggrieved person

    3.1 Rights 3.2 Shelter homes

    3.3 Medical facilities

    4 Implementation 5 Criticism 6 See also 7 References 8 External links

    Definitions[edit]

    The Protection of Women from Domestic Violence Act, 2005 is different from the provisions of the Indian Penal Code in that it provides a broader definition of domestic violence in what it covers and who it protects.[2]

    Pursuant to the Act, the aggrieved person is defined as "any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to domestic violence by the respondent."[3] This law protects not only women from violence within their husband-wife relationships, but women living in the same home with people with whom they are in a domestic relationship with. This protects women from violence within their relationships by marriage (ex: husband-wife, daughter-in-law with father-in-law/mother-in-law/etc), relationships by blood (ex: father-daughter, sister-brother), relationships by adoption (ex: adopted daughter-father), and even relationships in the nature of marriage (ex: live-in relationships, legally invalid marriages).[4] This Act was considered to be the first piece of legislation to provide legal recognition and protection to relationships outside of marriage.[5]

    Domestic violence is defined by Section 3 of the Act as[6] "any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it:

    harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

    harasses, harms, injures or endangers the aggrieved person to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

    has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

    otherwise injures or causes harm, whether physical or mental, to the aggrieved person."[6]

    The Act includes and defines not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse through the section .[3][7]

    Scope[edit]

    Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women living in a household such as sisters, widows or mothers.[8] Domestic violence under the act includes actual abuse, whether physical, sexual, verbal, emotional or economic, or the threat of abuse.[2] This definition also includes harassment by way of unlawful dowry demands to the woman or her relatives.[8]

    स्रोत : en.wikipedia.org

    Declaration on the Elimination of Violence against Women

    The General Assembly , Recognizing the urgent need for the universal application to women of the rights and principles with regard to equality, security, liberty, integrity and dignity of all human beings,

    UNIVERSAL INSTRUMENT

    Declaration on the Elimination of Violence against Women

    ADOPTED 20 December 1993 BY

    General Assembly resolution 48/104

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    Table of Contents

    The General Assembly ,

    Recognizing the urgent need for the universal application to women of the rights and principles with regard to equality, security, liberty, integrity and dignity of all human beings,

    Noting that those rights and principles are enshrined in international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

    Recognizing that effective implementation of the Convention on the Elimination of All Forms of Discrimination against Women would contribute to the elimination of violence against women and that the Declaration on the Elimination of Violence against Women, set forth in the present resolution, will strengthen and complement that process,

    Concerned that violence against women is an obstacle to the achievement of equality, development and peace, as recognized in the Nairobi Forward-looking Strategies for the Advancement of Women, in which a set of measures to combat violence against women was recommended, and to the full implementation of the Convention on the Elimination of All Forms of Discrimination against Women,

    Affirming that violence against women constitutes a violation of the rights and fundamental freedoms of women and impairs or nullifies their enjoyment of those rights and freedoms, and concerned about the long-standing failure to protect and promote those rights and freedoms in the case of violence against women,

    Recognizing that violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men,

    Concerned that some groups of women, such as women belonging to minority groups, indigenous women, refugee women, migrant women, women living in rural or remote communities, destitute women, women in institutions or in detention, female children, women with disabilities, elderly women and women in situations of armed conflict, are especially vulnerable to violence,

    Recalling the conclusion in paragraph 23 of the annex to Economic and Social Council resolution 1990/15 of 24 May 1990 that the recognition that violence against women in the family and society was pervasive and cut across lines of income, class and culture had to be matched by urgent and effective steps to eliminate its incidence,

    Recalling also Economic and Social Council resolution 1991/18 of 30 May 1991, in which the Council recommended the development of a framework for an international instrument that would address explicitly the issue of violence against women,

    Welcoming the role that women's movements are playing in drawing increasing attention to the nature, severity and magnitude of the problem of violence against women,

    Alarmed that opportunities for women to achieve legal, social, political and economic equality in society are limited, inter alia , by continuing and endemic violence,

    Convinced that in the light of the above there is a need for a clear and comprehensive definition of violence against women, a clear statement of the rights to be applied to ensure the elimination of violence against women in all its forms, a commitment by States in respect of their responsibilities, and a commitment by the international community at large to the elimination of violence against women,

    Solemnly proclaims the following Declaration on the Elimination of Violence against Women and urges that every effort be made so that it becomes generally known and respected:

    Article 1

    For the purposes of this Declaration, the term "violence against women" means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.

    Article 2

    Violence against women shall be understood to encompass, but not be limited to, the following:

    Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation;

    Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution;

    Physical, sexual and psychological violence perpetrated or condoned by the State, wherever it occurs.

    Article 3

    Women are entitled to the equal enjoyment and protection of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. These rights include, inter alia :

    स्रोत : www.ohchr.org

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