Considerations on COM(2016)109 - Conclusion by the EU, of the Council of Europe Convention on preventing and combating violence against women and domestic violence - Main contents
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| dossier | COM(2016)109 - Conclusion by the EU, of the Council of Europe Convention on preventing and combating violence against women and domestic ... |
|---|---|
| document | COM(2016)109  |
| date | June 1, 2023 |
(2) The Convention, to which …countries, including …. Member States, are Parties, 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. In accordance with Article 75 of the Convention, the European Union may become a Party to the Convention.
(3) 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.
(4) The conclusion of the Convention by the European Union contributes to the realisation of equality between men and women in all areas, which is a core objective and value of the Union to be realised in all its activities in accordance with Articles 2 and 3 of the Treaty on European Union, Article 8 of the Treaty on the Functioning of the European Union and Article 23 of the Charter of Fundamental Rights of the European Union. Violence against women is 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 to 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 that is of particular relevance for women and girls.
(5) While the Member States remain competent for the criminalisation of a number of violent forms of behaviour against women in their national substantive criminal law as required by the Convention, the Union has competence covering most of the provisions of the Convention and has adopted an extensive set of rules in these areas. In particular, the Union has adopted rules on the rights of crime victims, notably Directive 2012/29/EU of the European Parliament and of the Council 35 . The Convention also addresses the needs of female migrants and persons seeking asylum or complementary and subsidiary protection by imposing a gender-specific perspective in these areas, in which a comprehensive body of Union legislation already exists.
(6) The Union has exclusive competence to the extent that the Convention may affect common rules or alter their scope.
(7) The Convention should complement existing rules and contribute to a coherent interpretation of Union legislation. As a result of the conclusion of the Convention, the Union should participate in the implementation and monitoring activities under the Convention.
(8) Both the Union and its Member States have competence in the fields covered by the Convention. The Union and the Member States should therefore become Parties to it, so that together they can fulfil the obligations laid down by the Convention and exercise the rights invested in them in a coherent manner.
(9) Ireland and the United Kingdom are bound by Directive 2012/29/EU and are therefore taking part in the adoption of this Decision.
(10) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.
(11) The Convention should be approved on behalf of the Union.