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GENDER-BASED VIOLENCE AND DOMESTIC VIOLENCE ACT
Table of Provisions (24)
Statutory Text (24 Articles)
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CHAPTER 581
GENDER-BASED VIOLENCE AND
DOMESTIC VIOLENCE ACT
An ACT to make provisions for the substantive articles of the Council of
Europe Convention on prevention and combating of violence against women
and domestic violence to become, and be, enforceable as part of the Laws of
Malta; to promote and protect the right of everyone, and particularly of
persons who are at risk of domestic violence to live free from violence in both
the public and private sphere; to repeal the Domestic Violence Act (Cap.
481) and the Council of Europe Convention on Prevention and Combating of
Violence against Women and Domestic Violence (Ratification) Act (Cap.
532) and to make consequential and other amendments to various other
laws.
14th May, 2018
ACT XIII of 2018, as amended by Acts XXIV of 2019 and XXII and XXIII
of 2024.
The short title of this Act is the Gender-Based Violence
and Domestic Violence Act.
Council of Europe Treaty Series - No. 210
Council of Europe Convention on preventing and combating violence against
women and domestic violence
Istanbul, 11.V.2011
Preamble
The member States of the Council of Europe and the other signatories hereto,
Recalling the Convention for the Protection of Human Rights and Fundamental
Freedoms (ETS No. 5, 1950) and its Protocols, the European Social Charter (ETS No.
35, 1961, revised in 1996, ETS No. 163), the Council of Europe Convention on action
against Trafficking in Human Beings (CETS No. 197, 2005) and the Council of Europe
Convention on the Protection of Children against Sexual Exploitation and Sexual
Abuse (CETS No. 201, 2007);
Recalling the following recommendations of the Committee of Ministers to
member States of the Council of Europe: Recommendation Rec(2002)5 on the
protection of women against violence, Recommendation CM/Rec(2007)17 on gender
equality standards and mechanisms, Recommendation CM/Rec(2010)10 on the role of
women and men in conflict prevention and resolution and in peace building, and other
relevant recommendations;
Taking account of the growing body of case law of the European Court of
Human Rights which sets important standards in the field of violence against women;
Having regard to the International Covenant on Civil and Political Rights (1966),
the International Covenant on Economic, Social and Cultural Rights (1966), the United
Nations Convention on the Elimination of All Forms of Discrimination Against Women
("CEDAW", 1979) and its Optional Protocol (1999) as well as General
Recommendation No. 19 of the CEDAW Committee on violence against women, the
United Nations Convention on the Rights of the Child (1989) and its Optional Protocols
(2000) and the United Nations Convention on the Rights of Persons with Disabilities
(2006);
Having regard to the Rome Statute of the International Criminal Court (2002);
Recalling the basic principles of international humanitarian law, and especially
the Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of
War (1949) and the Additional Protocols I and II (1977) thereto;
Condemning all forms of violence against women and domestic violence;
Recognising that the realisation of de jure and de facto equality between women
and men is a key element in the prevention of violence against women;
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Recognising that violence against women is a manifestation of historically
unequal power relations between women and men, which have led to domination over,
and discrimination against, women by men and to the prevention of the full
advancement of women;
Recognising the structural nature of violence against women as gender-based
violence, and that violence against women is one of the crucial social mechanisms by
which women are forced into a subordinate position compared with men;
Recognising, with grave concern, that women and girls are often exposed to
serious forms of violence such as domestic violence, sexual harassment, rape, forced
marriage, crimes committed in the name of so-called "honour" and genital mutilation,
which constitute a serious violation of the human rights of women and girls and a major
obstacle to the achievement of equality between women and men;
Recognising the ongoing human rights violations during armed conflicts that
affect the civilian population, especially women in the form of widespread or
systematic rape and sexual violence and the potential for increased gender-based
violence both during and after conflicts;
Recognising that women and girls are exposed to a higher risk of gender-based
violence than men;
Recognising that domestic violence affects women disproportionately, and that
men may also be victims of domestic violence;
Recognising that children are victims of domestic violence, including as
witnesses of violence in the family;
Aspiring to create a Europe free from violence against women and domestic
violence,
Have agreed as follows
Chapter I - Purposes, definitions, equality and non-discrimination,
general obligations
Article 1 - Purposes of the Convention
1. The purposes of this Convention are to
a
protect women against all forms of violence, and prevent,
prosecute and eliminate violence against women and domestic violence;
b
contribute to the elimination of all forms of discrimination against
women and promote substantive equality between women and men, including by
empowering women;
c
design a comprehensive framework, policies and measures for the
protection of and assistance to all victims of violence against women and
domestic violence;
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d
promote international co-operation with a view to eliminating
violence against women and domestic violence;
e
provide support and assistance to organisations and law
enforcement agencies to effectively co-operate in order to adopt an integrated
approach to eliminating violence against women and domestic violence.
2. In order to ensure effective implementation of its provisions by the Parties,
this Convention establishes a specific monitoring mechanism.
Article 2 – Scope of the Convention
1. This Convention shall apply to all forms of violence against women,
including domestic violence, which affects women disproportionately.
2. Parties are encouraged to apply this Convention to all victims of domestic
violence. Parties shall pay particular attention to women victims of gender-based
violence in implementing the provisions of this Convention.
3. This Convention shall apply in times of peace and in situations of armed
conflict.
Article 3 – Definitions
For the purpose of this Convention
a
"violence against women" is understood as a violation of human
rights and a form of discrimination against women and shall mean all acts of
gender-based violence that result in, or are 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;
b
"domestic violence" shall mean 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;
c
"gender" shall mean the socially constructed roles, behaviours,
activities and attributes that a given society considers appropriate for women and
men;
d
"gender-based violence against women" shall mean violence that is
directed against a woman because she is a woman or that affects women
disproportionately;
e
"victim" shall mean any natural person who is subject to the
conduct specified in points a and b;
f
"women" includes girls under the age of 18.
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Article 4 – Fundamental rights, equality and non-discrimination
1. Parties shall take the necessary legislative and other measures to promote
and protect the right for everyone, particularly women, to live free from violence in
both the public and the private sphere.
2. Parties condemn all forms of discrimination against women and take,
without delay, the necessary legislative and other measures to prevent it, in particular
by
-
embodying in their national constitutions or other appropriate
legislation the principle of equality between women and men and ensuring the
practical realisation of this principle;
-
prohibiting discrimination against women, including through the
use of sanctions, where appropriate;
-
abolishing laws and practices which discriminate against women.
3. The implementation of the provisions of this Convention by the Parties, in
particular measures to protect the rights of victims, shall be secured without
discrimination on any ground such as sex, gender, race, colour, language, religion,
political or other opinion, national or social origin, association with a national minority,
property, birth, sexual orientation, gender identity, age, state of health, disability,
marital status, migrant or refugee status, or other status.
4. Special measures that are necessary to prevent and protect women from
gender-based violence shall not be considered discrimination under the terms of this
Convention.
Article 5 – State obligations and due diligence
1. Parties shall refrain from engaging in any Act of violence against women
and ensure that State authorities, officials, agents, institutions and other actors acting on
behalf of the State Act in conformity with this obligation.
2. Parties shall take the necessary legislative and other measures to exercise
due diligence to prevent, investigate, punish and provide reparation for acts of violence
covered by the scope of this Convention that are perpetrated by non-State actors.
Article 6 – Gender-sensitive policies
Parties shall undertake to include a gender perspective in the implementation and
evaluation of the impact of the provisions of this Convention and to promote and
effectively implement policies of equality between women and men and the
empowerment of women.
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Chapter II – Integrated policies and data collection
Article 7 – Comprehensive and co-ordinated policies
1. Parties shall take the necessary legislative and other measures to adopt and
implement State-wide effective, comprehensive and co-ordinated policies
encompassing all relevant measures to prevent and combat all forms of violence
covered by the scope of this Convention and offer a holistic response to violence
against women.
2. Parties shall ensure that policies referred to in paragraph 1 place the rights
of the victim at the centre of all measures and are implemented by way of effective co-
operation among all relevant agencies, institutions and organisations.
3. Measures taken pursuant to this Article shall involve, where appropriate,
all relevant actors, such as government agencies, the national, regional and local
parliaments and authorities, national human rights institutions and civil society
organisations.
Article 8 – Financial resources
Parties shall allocate appropriate financial and human resources for the adequate
implementation of integrated policies, measures and programmes to prevent and
combat all forms of violence covered by the scope of this Convention, including those
carried out by non-governmental organisations and civil society.
Article 9 – Non-governmental organisations and civil society
Parties shall recognise, encourage and support, at all levels, the work of relevant
non-governmental organisations and of civil society active in combating violence
against women and establish effective co-operation with these organisations.
Article 10 – Co-ordinating body
1. Parties shall designate or establish one or more official bodies responsible
for the co-ordination, implementation, monitoring and evaluation of policies and
measures to prevent and combat all forms of violence covered by this Convention.
These bodies shall co-ordinate the collection of data as referred to in Article 11, analyse
and disseminate its results.
2. Parties shall ensure that the bodies designated or established pursuant to
this Article receive information of a general nature on measures taken pursuant to
Chapter VIII.
3. Parties shall ensure that the bodies designated or established pursuant to
this Article shall have the capacity to communicate directly and foster relations with
their counterparts in other Parties.
Article 11 – Data collection and research
1. For the purpose of the implementation of this Convention, Parties shall
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undertake to
a
collect disaggregated relevant statistical data at regular intervals
on cases of all forms of violence covered by the scope of this Convention;
b
support research in the field of all forms of violence covered by the
scope of this Convention in order to study its root causes and effects, incidences
and conviction rates, as well as the efficacy of measures taken to implement this
Convention.
2. Parties shall endeavour to conduct population-based surveys at regular
intervals to assess the prevalence of and trends in all forms of violence covered by the
scope of this Convention.
3. Parties shall provide the group of experts, as referred to in Article 66 of
this Convention, with the information collected pursuant to this Article in order to
stimulate international co-operation and enable international benchmarking.
4. Parties shall ensure that the information collected pursuant to this Article
is available to the public.
Chapter III – Prevention
Article 12 – General obligations
1. Parties shall take the necessary measures to promote changes in the social
and cultural patterns of behaviour of women and men with a view to eradicating
prejudices, customs, traditions and all other practices which are based on the idea of the
inferiority of women or on stereotyped roles for women and men.
2. Parties shall take the necessary legislative and other measures to prevent
all forms of violence covered by the scope of this Convention by any natural or legal
person.
3. Any measures taken pursuant to this chapter shall take into account and
address the specific needs of persons made vulnerable by particular circumstances and
shall place the human rights of all victims at their centre.
4. Parties shall take the necessary measures to encourage all members of
society, especially men and boys, to contribute actively to preventing all forms of
violence covered by the scope of this Convention.
5. Parties shall ensure that culture, custom, religion, tradition or so-called
"honour" shall not be considered as justification for any acts of violence covered by the
scope of this Convention.
6. Parties shall take the necessary measures to promote programmes and
activities for the empowerment of women.
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Article 13 – Awareness-raising
1. Parties shall promote or conduct, on a regular basis and at all levels,
awareness-raising campaigns or programmes, including in co-operation with national
human rights institutions and equality bodies, civil society and non-governmental
organisations, especially women’s organisations, where appropriate, to increase
awareness and understanding among the general public of the different manifestations
of all forms of violence covered by the scope of this Convention, their consequences on
children and the need to prevent such violence.
2. Parties shall ensure the wide dissemination among the general public of
information on measures available to prevent acts of violence covered by the scope of
this Convention.
Article 14 – Education
1. Parties shall take, where appropriate, the necessary steps to include
teaching material on issues such as equality between women and men, non-stereotyped
gender roles, mutual respect, non-violent conflict resolution in interpersonal
relationships, gender-based violence against women and the right to personal integrity,
adapted to the evolving capacity of learners, in formal curricula and at all levels of
education.
2. Parties shall take the necessary steps to promote the principles referred to
in paragraph 1 in informal educational facilities, as well as in sports, cultural and
leisure facilities and the media.
Article 15 – Training of professionals
1. Parties shall provide or strengthen appropriate training for the relevant
professionals dealing with victims or perpetrators of all acts of violence covered by the
scope of this Convention, on the prevention and detection of such violence, equality
between women and men, the needs and rights of victims, as well as on how to prevent
secondary victimisation.
2. Parties shall encourage that the training referred to in paragraph 1 includes
training on co-ordinated multi-agency co-operation to allow for a comprehensive and
appropriate handling of referrals in cases of violence covered by the scope of this
Convention.
Article 16 – Preventive intervention and treatment programmes
1. Parties shall take the necessary legislative or other measures to set up or
support programmes aimed at teaching perpetrators of domestic violence to adopt non-
violent behaviour in interpersonal relationships with a view to preventing further
violence and changing violent behavioural patterns.
2. Parties shall take the necessary legislative or other measures to set up or
support treatment programmes aimed at preventing perpetrators, in particular sex
offenders, from re-offending.
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3. In taking the measures referred to in paragraphs 1 and 2, Parties shall
ensure that the safety of, support for and the human rights of victims are of primary
concern and that, where appropriate, these programmes are set up and implemented in
close co-ordination with specialist support services for victims.
Article 17 – Participation of the private sector and the media
1. Parties shall encourage the private sector, the information and
communication technology sector and the media, with due respect for freedom of
expression and their independence, to participate in the elaboration and implementation
of policies and to set guidelines and self-regulatory standards to prevent violence
against women and to enhance respect for their dignity.
2. Parties shall develop and promote, in co-operation with private sector
actors, skills among children, parents and educators on how to deal with the
information and communications environment that provides access to degrading
content of a sexual or violent nature which might be harmful.
Chapter IV – Protection and support
Article 18 – General obligations
1. Parties shall take the necessary legislative or other measures to protect all
victims from any further acts of violence.
2. Parties shall take the necessary legislative or other measures, in
accordance with internal law, to ensure that there are appropriate mechanisms to
provide for effective co-operation between all relevant state agencies, including the
judiciary, public prosecutors, law enforcement agencies, local and regional authorities
as well as non-governmental organisations and other relevant organisations and entities,
in protecting and supporting victims and witnesses of all forms of violence covered by
the scope of this Convention, including by referring to general and specialist support
services as detailed in Articles 20 and 22 of this Convention.
3. Parties shall ensure that measures taken pursuant to this chapter shall
-
be based on a gendered understanding of violence against women
and domestic violence and shall focus on the human rights and safety of the
victim;
-
be based on an integrated approach which takes into account the
relationship between victims, perpetrators, children and their wider social
environment;
-
aim at avoiding secondary victimisation;
-
aim at the empowerment and economic independence of women
victims of violence;
-
allow, where appropriate, for a range of protection and support
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services to be located on the same premises;
-
address the specific needs of vulnerable persons, including child
victims, and be made available to them.
4. The provision of services shall not depend on the victim’s willingness to
press charges or testify against any perpetrator.
5. Parties shall take the appropriate measures to provide consular and other
protection and support to their nationals and other victims entitled to such protection in
accordance with their obligations under international law.
Article 19 – Information
Parties shall take the necessary legislative or other measures to ensure that
victims receive adequate and timely information on available support services and legal
measures in a language they understand.
Article 20 – General support services
1. Parties shall take the necessary legislative or other measures to ensure that
victims have access to services facilitating their recovery from violence. These
measures should include, when necessary, services such as legal and psychological
counselling, financial assistance, housing, education, training and assistance in finding
employment.
2. Parties shall take the necessary legislative or other measures to ensure that
victims have access to health care and social services and that services are adequately
resourced and professionals are trained to assist victims and refer them to the
appropriate services.
Article 21 – Assistance in individual/collective complaints
Parties shall ensure that victims have information on and access to applicable
regional and international individual/collective complaints mechanisms. Parties shall
promote the provision of sensitive and knowledgeable assistance to victims in
presenting any such complaints.
Article 22 – Specialist support services
1. Parties shall take the necessary legislative or other measures to provide or
arrange for, in an adequate geographical distribution, immediate, short- and long-term
specialist support services to any victim subjected to any of the acts of violence covered
by the scope of this Convention.
2. Parties shall provide or arrange for specialist women’s support services to
all women victims of violence and their children.
Article 23 – Shelters
Parties shall take the necessary legislative or other measures to provide for the
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setting-up of appropriate, easily accessible shelters in sufficient numbers to provide
safe accommodation for and to reach out pro-actively to victims, especially women and
their children.
Article 24 – Telephone helplines
Parties shall take the necessary legislative or other measures to set up state-wide
round-the-clock (24/7) telephone helplines free of charge to provide advice to callers,
confidentially or with due regard for their anonymity, in relation to all forms of
violence covered by the scope of this Convention.
Article 25 – Support for victims of sexual violence
Parties shall take the necessary legislative or other measures to provide for the
setting up of appropriate, easily accessible rape crisis or sexual violence referral centres
for victims in sufficient numbers to provide for medical and forensic examination,
trauma support and counselling for victims.
Article 26 – Protection and support for child witnesses
1. Parties shall take the necessary legislative or other measures to ensure that
in the provision of protection and support services to victims, due account is taken of
the rights and needs of child witnesses of all forms of violence covered by the scope of
this Convention.
2. Measures taken pursuant to this Article shall include age-appropriate
psychosocial counselling for child witnesses of all forms of violence covered by the
scope of this Convention and shall give due regard to the best interests of the child.
Article 27 – Reporting
Parties shall take the necessary measures to encourage any person witness to the
commission of acts of violence covered by the scope of this Convention or who has
reasonable grounds to believe that such an Act may be committed, or that further acts of
violence are to be expected, to report this to the competent organisations or authorities.
Article 28 – Reporting by professionals
Parties shall take the necessary measures to ensure that the confidentiality rules
imposed by internal law on certain professionals do not constitute an obstacle to the
possibility, under appropriate conditions, of their reporting to the competent
organisations or authorities if they have reasonable grounds to believe that a serious Act
of violence covered by the scope of this Convention, has been committed and further
serious acts of violence are to be expected.
Chapter V – Substantive law
Article 29 – Civil lawsuits and remedies
1. Parties shall take the necessary legislative or other measures to provide
victims with adequate civil remedies against the perpetrator.
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2. Parties shall take the necessary legislative or other measures to provide
victims, in accordance with the general principles of international law, with adequate
civil remedies against State authorities that have failed in their duty to take the
necessary preventive or protective measures within the scope of their powers.
Article 30 – Compensation
1. Parties shall take the necessary legislative or other measures to ensure that
victims have the right to claim compensation from perpetrators for any of the offences
established in accordance with this Convention.
2. Adequate State compensation shall be awarded to those who have
sustained serious bodily injury or impairment of health, to the extent that the damage is
not covered by other sources such as the perpetrator, insurance or State-funded health
and social provisions. This does not preclude Parties from claiming regress for
compensation awarded from the perpetrator, as long as due regard is paid to the victim’s
safety.
3. Measures taken pursuant to paragraph 2 shall ensure the granting of
compensation within a reasonable time.
Article 31 – Custody, visitation rights and safety
1. Parties shall take the necessary legislative or other measures to ensure that,
in the determination of custody and visitation rights of children, incidents of violence
covered by the scope of this Convention are taken into account.
2. Parties shall take the necessary legislative or other measures to ensure that
the exercise of any visitation or custody rights does not jeopardise the rights and safety
of the victim or children.
Article 32 – Civil consequences of forced marriages
Parties shall take the necessary legislative or other measures to ensure that
marriages concluded under force may be voidable, annulled or dissolved without undue
financial or administrative burden placed on the victim.
Article 33 – Psychological violence
Parties shall take the necessary legislative or other measures to ensure that the
intentional conduct of seriously impairing a person’s psychological integrity through
coercion or threats is criminalised.
Article 34 – Stalking
Parties shall take the necessary legislative or other measures to ensure that the
intentional conduct of repeatedly engaging in threatening conduct directed at another
person, causing her or him to fear for her or his safety, is criminalised.
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Article 35 – Physical violence
Parties shall take the necessary legislative or other measures to ensure that the
intentional conduct of committing acts of physical violence against another person is
Article 36 – Sexual violence, including rape
1. Parties shall take the necessary legislative or other measures to ensure that the
following intentional conducts are criminalised
engaging in non-consensual vaginal, anal or oral penetration of a
sexual nature of the body of another person with any bodily part or object;
engaging in other non-consensual acts of a sexual nature with a
causing another person to engage in non-consensual acts of a
sexual nature with a third person.
2. Consent must be given voluntarily as the result of the person’s free will
assessed in the context of the surrounding circumstances.
3. Parties shall take the necessary legislative or other measures to ensure that
the provisions of paragraph 1 also apply to acts committed against former or current
spouses or partners as recognised by internal law.
Article 37 – Forced marriage
1. Parties shall take the necessary legislative or other measures to ensure that
the intentional conduct of forcing an adult or a child to enter into a marriage is
2. Parties shall take the necessary legislative or other measures to ensure that
the intentional conduct of luring an adult or a child to the territory of a Party or State
other than the one she or he resides in with the purpose of forcing this adult or child to
enter into a marriage is criminalised.
Article 38 – Female genital mutilation
Parties shall take the necessary legislative or other measures to ensure that the
following intentional conducts are criminalised
excising, infibulating or performing any other mutilation to the
whole or any part of a woman’s labia majora, labia minora or clitoris;
coercing or procuring a woman to undergo any of the acts listed in
inciting, coercing or procuring a girl to undergo any of the acts
listed in point a.
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Article 39 – Forced abortion and forced sterilisation
Parties shall take the necessary legislative or other measures to ensure that the
following intentional conducts are criminalised
a
performing an abortion on a woman without her prior and
informed consent;
b
performing surgery which has the purpose or effect of terminating
a woman’s capacity to naturally reproduce without her prior and informed
consent or understanding of the procedure.
Article 40 – Sexual harassment
Parties shall take the necessary legislative or other measures to ensure that any
form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the
purpose or effect of violating the dignity of a person, in particular when creating an
intimidating, hostile, degrading, humiliating or offensive environment, is subject to
criminal or other legal sanction.
Article 41 – Aiding or abetting and attempt
1. Parties shall take the necessary legislative or other measures to establish as
an offence, when committed intentionally, aiding or abetting the commission of the
offences established in accordance with Articles 33, 34, 35, 36, 37, 38.a and 39 of this
Convention.
2. Parties shall take the necessary legislative or other measures to establish as
offences, when committed intentionally, attempts to commit the offences established in
accordance with Articles 35, 36, 37, 38.a and 39 of this Convention.
Article 42 – Unacceptable justifications for crimes, including crimes committed in the
name of so-called "honour"
1. Parties shall take the necessary legislative or other measures to ensure that,
in criminal proceedings initiated following the commission of any of the acts of
violence covered by the scope of this Convention, culture, custom, religion, tradition or
so-called "honour" shall not be regarded as justification for such acts. This covers, in
particular, claims that the victim has transgressed cultural, religious, social or
traditional norms or customs of appropriate behaviour.
2. Parties shall take the necessary legislative or other measures to ensure that
incitement by any person of a child to commit any of the acts referred to in paragraph 1
shall not diminish the criminal liability of that person for the acts committed.
Article 43 – Application of criminal offences
The offences established in accordance with this Convention shall apply
irrespective of the nature of the relationship between victim and perpetrator.
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Article 44 – Jurisdiction
1. Parties shall take the necessary legislative or other measures to establish
jurisdiction over any offence established in accordance with this Convention, when the
offence is committed
a
in their territory; or
b
on board a ship flying their flag; or
c
on board an aircraft registered under their laws; or
d
by one of their nationals; or
e
by a person who has her or his habitual residence in their territory.
2. Parties shall endeavour to take the necessary legislative or other measures
to establish jurisdiction over any offence established in accordance with this
Convention where the offence is committed against one of their nationals or a person
who has her or his habitual residence in their territory.
3. For the prosecution of the offences established in accordance with Articles
36, 37, 38 and 39 of this Convention, Parties shall take the necessary legislative or other
measures to ensure that their jurisdiction is not subordinated to the condition that the
acts are criminalised in the territory where they were committed.
4. For the prosecution of the offences established in accordance with Articles
36, 37, 38 and 39 of this Convention, Parties shall take the necessary legislative or other
measures to ensure that their jurisdiction as regards points d and e of paragraph 1 is not
subordinated to the condition that the prosecution can only be initiated following the
reporting by the victim of the offence or the laying of information by the State of the
place where the offence was committed.
5. Parties shall take the necessary legislative or other measures to establish
jurisdiction over the offences established in accordance with this Convention, in cases
where an alleged perpetrator is present on their territory and they do not extradite her or
him to another Party, solely on the basis of her or his nationality.
6. When more than one Party claims jurisdiction over an alleged offence
established in accordance with this Convention, the Parties involved shall, where
appropriate, consult each other with a view to determining the most appropriate
jurisdiction for prosecution.
7. Without prejudice to the general rules of international law, this Convention
does not exclude any criminal jurisdiction exercised by a Party in accordance with its
internal law.
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Article 45 – Sanctions and measures
1. Parties shall take the necessary legislative or other measures to ensure that
the offences established in accordance with this Convention are punishable by
effective, proportionate and dissuasive sanctions, taking into account their seriousness.
These sanctions shall include, where appropriate, sentences involving the deprivation
of liberty which can give rise to extradition.
2. Parties may adopt other measures in relation to perpetrators, such as
monitoring or supervision of convicted persons;
withdrawal of parental rights, if the best interests of the child,
which may include the safety of the victim, cannot be guaranteed in any other
Article 46 – Aggravating circumstances
Parties shall take the necessary legislative or other measures to ensure that the
following circumstances, insofar as they do not already form part of the constituent
elements of the offence, may, in conformity with the relevant provisions of internal law,
be taken into consideration as aggravating circumstances in the determination of the
sentence in relation to the offences established in accordance with this Convention
the offence was committed against a former or current spouse or
partner as recognised by internal law, by a member of the family, a person
cohabiting with the victim or a person having abused her or his authority;
the offence, or related offences, were committed repeatedly;
the offence was committed against a person made vulnerable by
particular circumstances;
the offence was committed against or in the presence of a child;
the offence was committed by two or more people acting together;
the offence was preceded or accompanied by extreme levels of
the offence was committed with the use or threat of a weapon;
the offence resulted in severe physical or psychological harm for
the perpetrator had previously been convicted of offences of a
similar nature.
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Article 47 – Sentences passed by another Party
Parties shall take the necessary legislative or other measures to provide for the
possibility of taking into account final sentences passed by another Party in relation to
the offences established in accordance with this Convention when determining the
sentence.
Article 48 –Prohibition of mandatory alternative dispute resolution processes or
sentencing
1. Parties shall take the necessary legislative or other measures to prohibit
mandatory alternative dispute resolution processes, including mediation and
conciliation, in relation to all forms of violence covered by the scope of this
Convention.
2. Parties shall take the necessary legislative or other measures to ensure that
if the payment of a fine is ordered, due account shall be taken of the ability of the
perpetrator to assume his or her financial obligations towards the victim.
Chapter VI – Investigation, prosecution, procedural law and protective measures
Article 49 – General obligations
1. Parties shall take the necessary legislative or other measures to ensure that
investigations and judicial proceedings in relation to all forms of violence covered by
the scope of this Convention are carried out without undue delay while taking into
consideration the rights of the victim during all stages of the criminal proceedings.
2. Parties shall take the necessary legislative or other measures, in
conformity with the fundamental principles of human rights and having regard to the
gendered understanding of violence, to ensure the effective investigation and
prosecution of offences established in accordance with this Convention.
Article 50 – Immediate response, prevention and protection
1. Parties shall take the necessary legislative or other measures to ensure that
the responsible law enforcement agencies respond to all forms of violence covered by
the scope of this Convention promptly and appropriately by offering adequate and
immediate protection to victims.
2. Parties shall take the necessary legislative or other measures to ensure that
the responsible law enforcement agencies engage promptly and appropriately in the
prevention and protection against all forms of violence covered by the scope of this
Convention, including the employment of preventive operational measures and the
collection of evidence.
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Article 51 – Risk assessment and risk management
1. Parties shall take the necessary legislative or other measures to ensure that
an assessment of the lethality risk, the seriousness of the situation and the risk of
repeated violence is carried out by all relevant authorities in order to manage the risk
and if necessary to provide co-ordinated safety and support.
2. Parties shall take the necessary legislative or other measures to ensure that
the assessment referred to in paragraph 1 duly takes into account, at all stages of the
investigation and application of protective measures, the fact that perpetrators of acts of
violence covered by the scope of this Convention possess or have access to firearms.
Article 52 – Emergency barring orders
Parties shall take the necessary legislative or other measures to ensure that the
competent authorities are granted the power to order, in situations of immediate danger,
a perpetrator of domestic violence to vacate the residence of the victim or person at risk
for a sufficient period of time and to prohibit the perpetrator from entering the residence
of or contacting the victim or person at risk. Measures taken pursuant to this Article
shall give priority to the safety of victims or persons at risk.
Article 53 – Restraining or protection orders
1. Parties shall take the necessary legislative or other measures to ensure that
appropriate restraining or protection orders are available to victims of all forms of
violence covered by the scope of this Convention.
2. Parties shall take the necessary legislative or other measures to ensure that
the restraining or protection orders referred to in paragraph 1 are
-
available for immediate protection and without undue financial or
administrative burdens placed on the victim;
-
issued for a specified period or until modified or discharged;
-
where necessary, issued on an ex parte basis which has immediate
effect;
-
available irrespective of, or in addition to, other legal proceedings;
-
allowed to be introduced in subsequent legal proceedings.
3. Parties shall take the necessary legislative or other measures to ensure that
breaches of restraining or protection orders issued pursuant to paragraph 1 shall be
subject to effective, proportionate and dissuasive criminal or other legal sanctions.
Article 54 – Investigations and evidence
Parties shall take the necessary legislative or other measures to ensure that, in
any civil or criminal proceedings, evidence relating to the sexual history and conduct of
the victim shall be permitted only when it is relevant and necessary.
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Article 55 – Ex parte and ex officio proceedings
1. Parties shall ensure that investigations into or prosecution of offences
established in accordance with Articles 35, 36, 37, 38 and 39 of this Convention shall
not be wholly dependant upon a report or complaint filed by a victim if the offence was
committed in whole or in part on its territory, and that the proceedings may continue
even if the victim withdraws her or his statement or complaint.
2. Parties shall take the necessary legislative or other measures to ensure, in
accordance with the conditions provided for by their internal law, the possibility for
governmental and non-governmental organisations and domestic violence counsellors
to assist and/or support victims, at their request, during investigations and judicial
proceedings concerning the offences established in accordance with this Convention.
Article 56 – Measures of protection
1. Parties shall take the necessary legislative or other measures to protect the
rights and interests of victims, including their special needs as witnesses, at all stages of
investigations and judicial proceedings, in particular by
a
providing for their protection, as well as that of their families and
witnesses, from intimidation, retaliation and repeat victimisation;
b
ensuring that victims are informed, at least in cases where the
victims and the family might be in danger, when the perpetrator escapes or is
released temporarily or definitively;
c
informing them, under the conditions provided for by internal law,
of their rights and the services at their disposal and the follow-up given to their
complaint, the charges, the general progress of the investigation or proceedings,
and their role therein, as well as the outcome of their case;
d
enabling victims, in a manner consistent with the procedural rules
of internal law, to be heard, to supply evidence and have their views, needs and
concerns presented, directly or through an intermediary, and considered;
e
providing victims with appropriate support services so that their
rights and interests are duly presented and taken into account;
f
ensuring that measures may be adopted to protect the privacy and
the image of the victim;
g
ensuring that contact between victims and perpetrators within
Court and law enforcement agency premises is avoided where possible;
h
providing victims with independent and competent interpreters
when victims are parties to proceedings or when they are supplying evidence;
i
enabling victims to testify, according to the rules provided by their
internal law, in the courtroom without being present or at least without the
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presence of the alleged perpetrator, notably through the use of appropriate
communication technologies, where available.
2. A child victim and child witness of violence against women and domestic
violence shall be afforded, where appropriate, special protection measures taking into
account the best interests of the child.
Article 57 – Legal aid
Parties shall provide for the right to legal assistance and to free legal aid for
victims under the conditions provided by their internal law.
Article 58 – Statute of limitation
Parties shall take the necessary legislative and other measures to ensure that the
statute of limitation for initiating any legal proceedings with regard to the offences
established in accordance with Articles 36, 37, 38 and 39 of this Convention, shall
continue for a period of time that is sufficient and commensurate with the gravity of the
offence in question, to allow for the efficient initiation of proceedings after the victim
has reached the age of majority.
Chapter VII – Migration and asylum
Article 59 – Residence status
1. Parties shall take the necessary legislative or other measures to ensure that
victims whose residence status depends on that of the spouse or partner as recognised
by internal law, in the event of the dissolution of the marriage or the relationship, are
granted in the event of particularly difficult circumstances, upon application, an
autonomous residence permit irrespective of the duration of the marriage or the
relationship. The conditions relating to the granting and duration of the autonomous
residence permit are established by internal law.
2. Parties shall take the necessary legislative or other measures to ensure that
victims may obtain the suspension of expulsion proceedings initiated in relation to a
residence status dependent on that of the spouse or partner as recognised by internal law
to enable them to apply for an autonomous residence permit.
3. Parties shall issue a renewable residence permit to victims in one of the
two following situations, or in both
a
where the competent authority considers that their stay is
necessary owing to their personal situation;
b
where the competent authority considers that their stay is
necessary for the purpose of their co-operation with the competent authorities in
investigation or criminal proceedings.
4. Parties shall take the necessary legislative or other measures to ensure that
victims of forced marriage brought into another country for the purpose of the marriage
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and who, as a result, have lost their residence status in the country where they
habitually reside, may regain this status.
Article 60 – Gender-based asylum claims
1. Parties shall take the necessary legislative or other measures to ensure that
gender-based violence against women may be recognised as a form of persecution
within the meaning of Article 1, A (2), of the 1951 Convention relating to the Status of
Refugees and as a form of serious harm giving rise to complementary/subsidiary
protection.
2. Parties shall ensure that a gender-sensitive interpretation is given to each
of the Convention grounds and that where it is established that the persecution feared is
for one or more of these grounds, applicants shall be granted refugee status according to
the applicable relevant instruments.
3. Parties shall take the necessary legislative or other measures to develop
gender-sensitive reception procedures and support services for asylum-seekers as well
as gender guidelines and gender-sensitive asylum procedures, including refugee status
determination and application for international protection.
Article 61 – Non-refoulement
1. Parties shall take the necessary legislative or other measures to respect the
principle of non-refoulement in accordance with existing obligations under
international law.
2. Parties shall take the necessary legislative or other measures to ensure that
victims of violence against women who are in need of protection, regardless of their
status or residence, shall not be returned under any circumstances to any country where
their life would be at risk or where they might be subjected to torture or inhuman or
degrading treatment or punishment.
Chapter VIII – International co-operation
Article 62 – General principles
1. Parties shall co-operate with each other, in accordance with the provisions
of this Convention, and through the application of relevant international and regional
instruments on co-operation in civil and criminal matters, arrangements agreed on the
basis of uniform or reciprocal legislation and internal laws, to the widest extent
possible, for the purpose of
a
preventing, combating and prosecuting all forms of violence
covered by the scope of this Convention;
b
protecting and providing assistance to victims;
c
investigations or proceedings concerning the offences established
in accordance with this Convention;
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d
enforcing relevant civil and criminal judgments issued by the
judicial authorities of Parties, including protection orders.
2. Parties shall take the necessary legislative or other measures to ensure that
victims of an offence established in accordance with this Convention and committed in
the territory of a Party other than the one where they reside may make a complaint
before the competent authorities of their State of residence.
3. If a Party that makes mutual legal assistance in criminal matters,
extradition or enforcement of civil or criminal judgments imposed by another Party to
this Convention conditional on the existence of a treaty receives a request for such legal
co-operation from a Party with which it has not concluded such a treaty, it may consider
this Convention to be the legal basis for mutual legal assistance in criminal matters,
extradition or enforcement of civil or criminal judgments imposed by the other Party in
respect of the offences established in accordance with this Convention.
4. Parties shall endeavour to integrate, where appropriate, the prevention and
the fight against violence against women and domestic violence in assistance
programmes for development provided for the benefit of third States, including by
entering into bilateral and multilateral agreements with third States with a view to
facilitating the protection of victims in accordance with Article 18, paragraph 5.
Article 63 – Measures relating to persons at risk
When a Party, on the basis of the information at its disposal, has reasonable
grounds to believe that a person is at immediate risk of being subjected to any of the
acts of violence referred to in Articles 36, 37, 38 and 39 of this Convention on the
territory of another Party, the Party that has the information is encouraged to transmit it
without delay to the latter for the purpose of ensuring that appropriate protection
measures are taken. Where applicable, this information shall include details on existing
protection provisions for the benefit of the person at risk.
Article 64 – Information
1. The requested Party shall promptly inform the requesting Party of the final
result of the action taken under this chapter. The requested Party shall also promptly
inform the requesting Party of any circumstances which render impossible the carrying
out of the action sought or are likely to delay it significantly.
2. A Party may, within the limits of its internal law, without prior request,
forward to another Party information obtained within the framework of its own
investigations when it considers that the disclosure of such information might assist the
receiving Party in preventing criminal offences established in accordance with this
Convention or in initiating or carrying out investigations or proceedings concerning
such criminal offences or that it might lead to a request for co-operation by that Party
under this chapter.
3. A Party receiving any information in accordance with paragraph 2 shall
submit such information to its competent authorities in order that proceedings may be
taken if they are considered appropriate, or that this information may be taken into
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account in relevant civil and criminal proceedings.
Article 65 – Data Protection
Personal data shall be stored and used pursuant to the obligations undertaken by
the Parties under the Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data (ETS No. 108).
Chapter IX – Monitoring mechanism
Article 66 – Group of experts on action against violence against women
and domestic violence
1. The Group of experts on action against violence against women and
domestic violence (hereinafter referred to as "GREVIO") shall monitor the
implementation of this Convention by the Parties.
2. GREVIO shall be composed of a minimum of 10 members and a
maximum of 15 members, taking into account a gender and geographical balance, as
well as multidisciplinary expertise. Its members shall be elected by the Committee of
the Parties from among candidates nominated by the Parties for a term of office of four
years, renewable once, and chosen from among nationals of the Parties.
3. The initial election of 10 members shall be held within a period of one
year following the entry into force of this Convention. The election of five additional
members shall be held following the 25th ratification or accession.
4. The election of the members of GREVIO shall be based on the following
principles
a
they shall be chosen according to a transparent procedure from
among persons of high moral character, known for their recognised competence
in the fields of human rights, gender equality, violence against women and
domestic violence, or assistance to and protection of victims, or having
demonstrated professional experience in the areas covered by this Convention;
b
no two members of GREVIO may be nationals of the same State;
c
they should represent the main legal systems;
d
they should represent relevant actors and agencies in the field of
violence against women and domestic violence;
e
they shall sit in their individual capacity and shall be independent
and impartial in the exercise of their functions, and shall be available to carry out
their duties in an effective manner.
5. The election procedure of the members of GREVIO shall be determined
by the Committee of Ministers of the Council of Europe, after consulting with and
obtaining the unanimous consent of the Parties, within a period of six months following
the entry into force of this Convention.
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6. GREVIO shall adopt its own rules of procedure.
7. Members of GREVIO, and other members of delegations carrying out the
country visits as set forth in Article 68, paragraphs 9 and 14, shall enjoy the privileges
and immunities established in the appendix to this Convention.
Article 67 – Committee of the Parties
1. The Committee of the Parties shall be composed of the representatives of
the Parties to the Convention.
2. The Committee of the Parties shall be convened by the Secretary General
of the Council of Europe. Its first meeting shall be held within a period of one year
following the entry into force of this Convention in order to elect the members of
GREVIO. It shall subsequently meet whenever one third of the Parties, the President of
the Committee of the Parties or the Secretary General so requests.
3. The Committee of the Parties shall adopt its own rules of procedure.
Article 68 – Procedure
1. Parties shall submit to the Secretary General of the Council of Europe,
based on a questionnaire prepared by GREVIO, a report on legislative and other
measures giving effect to the provisions of this Convention, for consideration by
GREVIO.
2. GREVIO shall consider the report submitted in accordance with paragraph
1 with the representatives of the Party concerned.
3. Subsequent evaluation procedures shall be divided into rounds, the length
of which is determined by GREVIO. At the beginning of each round GREVIO shall
select the specific provisions on which the evaluation procedure shall be based and send
out a questionnaire.
4. GREVIO shall define the appropriate means to carry out this monitoring
procedure. It may in particular adopt a questionnaire for each evaluation round, which
shall serve as a basis for the evaluation procedure of the implementation by the Parties.
This questionnaire shall be addressed to all Parties. Parties shall respond to this
questionnaire, as well as to any other request of information from GREVIO.
5. GREVIO may receive information on the implementation of the
Convention from non-governmental organisations and civil society, as well as from
national institutions for the protection of human rights.
6. GREVIO shall take due consideration of the existing information available
from other regional and international instruments and bodies in areas falling within the
scope of this Convention.
7. When adopting a questionnaire for each evaluation round, GREVIO shall
take due consideration of the existing data collection and research in the Parties as
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referred to in Article 11 of this Convention.
8. GREVIO may receive information on the implementation of the
Convention from the Council of Europe Commissioner for Human Rights, the
Parliamentary Assembly and relevant specialised bodies of the Council of Europe, as
well as those established under other international instruments. Complaints presented to
these bodies and their outcome will be made available to GREVIO.
9. GREVIO may subsidiarily organise, in co-operation with the national
authorities and with the assistance of independent national experts, country visits, if the
information gained is insufficient or in cases provided for in paragraph 14. During these
visits, GREVIO may be assisted by specialists in specific fields.
10. GREVIO shall prepare a draft report containing its analysis concerning the
implementation of the provisions on which the evaluation is based, as well as its
suggestions and proposals concerning the way in which the Party concerned may deal
with the problems which have been identified. The draft report shall be transmitted for
comments to the Party which undergoes the evaluation. Its comments shall be taken
into account by GREVIO when adopting its report.
11. On the basis of all the information received and the comments by the
Parties, GREVIO shall adopt its report and conclusions concerning the measures taken
by the Party concerned to implement the provisions of this Convention. This report and
the conclusions shall be sent to the Party concerned and to the Committee of the Parties.
The report and conclusions of GREVIO shall be made public as from their adoption,
together with eventual comments by the Party concerned.
12. Without prejudice to the procedure of paragraphs 1 to 8, the Committee of
the Parties may adopt, on the basis of the report and conclusions of GREVIO,
recommendations addressed to this Party (a) concerning the measures to be taken to
implement the conclusions of GREVIO, if necessary setting a date for submitting
information on their implementation, and (b) aiming at promoting co-operation with
that Party for the proper implementation of this Convention.
13. If GREVIO receives reliable information indicating a situation where
problems require immediate attention to prevent or limit the scale or number of serious
violations of the Convention, it may request the urgent submission of a special report
concerning measures taken to prevent a serious, massive or persistent pattern of
violence against women.
14. Taking into account the information submitted by the Party concerned, as
well as any other reliable information available to it, GREVIO may designate one or
more of its members to conduct an inquiry and to report urgently to GREVIO. Where
warranted and with the consent of the Party, the inquiry may include a visit to its
territory.
15. After examining the findings of the inquiry referred to in paragraph 14,
GREVIO shall transmit these findings to the Party concerned and, where appropriate, to
the Committee of the Parties and the Committee of Ministers of the Council of Europe
together with any comments and recommendations.
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Article 69 – General recommendations
GREVIO may adopt, where appropriate, general recommendations on the
implementation of this Convention.
Article 70 – Parliamentary involvement in monitoring
1. National parliaments shall be invited to participate in the monitoring of the
measures taken for the implementation of this Convention.
2. Parties shall submit the reports of GREVIO to their national parliaments.
3. The Parliamentary Assembly of the Council of Europe shall be invited to
regularly take stock of the implementation of this Convention.
Chapter X – Relationship with other international instruments
Article 71 – Relationship with other international instruments
1. This Convention shall not affect obligations arising from other
international instruments to which Parties to this Convention are Parties or shall
become Parties and which contain provisions on matters governed by this Convention.
2. The Parties to this Convention may conclude bilateral or multilateral
agreements with one another on the matters dealt with in this Convention, for purposes
of supplementing or strengthening its provisions or facilitating the application of the
principles embodied in it.
Chapter XI – Amendments to the Convention
Article 72 – Amendments
1. Any proposal for an amendment to this Convention presented by a Party
shall be communicated to the Secretary General of the Council of Europe and
forwarded by her or him to the member States of the Council of Europe, any signatory,
any Party, the European Union, any State invited to sign this Convention in accordance
with the provisions of Article 75, and any State invited to accede to this Convention in
accordance with the provisions of Article 76.
2. The Committee of Ministers of the Council of Europe shall consider the
proposed amendment and, after having consulted the Parties to this Convention that are
not members of the Council of Europe, may adopt the amendment by the majority
provided for in Article 20.d of the Statute of the Council of Europe.
3. The text of any amendment adopted by the Committee of Ministers in
accordance with paragraph 2 shall be forwarded to the Parties for acceptance.
4. Any amendment adopted in accordance with paragraph 2 shall enter into
force on the first day of the month following the expiration of a period of one month
after the date on which all Parties have informed the Secretary General of their
acceptance.
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Chapter XII – Final clauses
Article 73 – Effects of this Convention
The provisions of this Convention shall not prejudice the provisions of internal
law and binding international instruments which are already in force or may come into
force, under which more favourable rights are or would be accorded to persons in
preventing and combating violence against women and domestic violence.
Article 74 – Dispute settlement
1. The Parties to any dispute which may arise concerning the application or
interpretation of the provisions of this Convention shall first seek to resolve it by means
of negotiation, conciliation, arbitration or by any other methods of peaceful settlement
accepted by mutual agreement between them.
2. The Committee of Ministers of the Council of Europe may establish
procedures of settlement to be available for use by the Parties in dispute if they should
so agree.
Article 75 – Signature and entry into force
1. This Convention shall be open for signature by the member States of the
Council of Europe, the non-member States which have participated in its elaboration
and the European Union.
2. This Convention is subject to ratification, acceptance or approval.
Instruments of ratification, acceptance or approval shall be deposited with the Secretary
General of the Council of Europe.
3. This Convention shall enter into force on the first day of the month
following the expiration of a period of three months after the date on which 10
signatories, including at least eight member States of the Council of Europe, have
expressed their consent to be bound by the Convention in accordance with the
provisions of paragraph 2.
4. In respect of any State referred to in paragraph 1 or the European Union,
which subsequently expresses its consent to be bound by it, the Convention shall enter
into force on the first day of the month following the expiration of a period of three
months after the date of the deposit of its instrument of ratification, acceptance or
approval.
Article 76 – Accession to the Convention
1. 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
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Parties entitled to sit on the Committee of Ministers.
2. In respect of any acceding State, the Convention shall enter into force on
the first day of the month following the expiration of a period of three months after the
date of deposit of the instrument of accession with the Secretary General of the Council
of Europe.
Article 77 – Territorial application
1. Any State or the European Union may, at the time of signature or when
depositing its instrument of ratification, acceptance, approval or accession, specify the
territory or territories to which this Convention shall apply.
2. Any Party may, at any later date, by a declaration addressed to the
Secretary General of the Council of Europe, extend the application of this Convention
to any other territory specified in the declaration and for whose international relations it
is responsible or on whose behalf it is authorised to give undertakings. In respect of
such territory, the Convention shall enter into force on the first day of the month
following the expiration of a period of three months after the date of receipt of such
declaration by the Secretary General.
3. Any declaration made under the two preceding paragraphs may, in respect
of any territory specified in such declaration, be withdrawn by a notification addressed
to the Secretary General of the Council of Europe. The withdrawal shall become
effective on the first day of the month following the expiration of a period of three
months after the date of receipt of such notification by the Secretary General.
Article 78 – Reservations
1. No reservation may be made in respect of any provision of this
Convention, with the exceptions provided for in paragraphs 2 and 3.
2. Any State or the European Union may, at the time of signature or when
depositing its instrument of ratification, acceptance, approval or accession, by a
declaration addressed to the Secretary General of the Council of Europe, declare that it
reserves the right not to apply or to apply only in specific cases or conditions the
provisions laid down in
Article 30, paragraph 2;
Article 44, paragraphs 1.e, 3 and 4;
Article 55, paragraph 1 in respect of Article 35 regarding minor offences;
Article 58 in respect of Articles 37, 38 and 39;
Article 59.
3. Any State or the European Union may, at the time of signature or when
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depositing its instrument of ratification, acceptance, approval or accession, by a
declaration addressed to the Secretary General of the Council of Europe, declare that it
reserves the right to provide for non-criminal sanctions, instead of criminal sanctions,
for the behaviours referred to in Articles 33 and 34.
4. Any Party may wholly or partly withdraw a reservation by means of a
declaration addressed to the Secretary General of the Council of Europe. This
declaration shall become effective as from its date of receipt by the Secretary General.
Article 79 – Validity and review of reservations
1. Reservations referred to in Article 78, paragraphs 2 and 3, shall be valid
for a period of five years from the day of the entry into force of this Convention in
respect of the Party concerned. However, such reservations may be renewed for periods
of the same duration.
2. Eighteen months before the date of expiry of the reservation, the
Secretariat General of the Council of Europe shall give notice of that expiry to the Party
concerned. No later than three months before the expiry, the Party shall notify the
Secretary General that it is upholding, amending or withdrawing its reservation. In the
absence of a notification by the Party concerned, the Secretariat General shall inform
that Party that its reservation is considered to have been extended automatically for a
period of six months. Failure by the Party concerned to notify its intention to uphold or
modify its reservation before the expiry of that period shall cause the reservation to
lapse.
3. If a Party makes a reservation in conformity with Article 78, paragraphs 2
and 3, it shall provide, before its renewal or upon request, an explanation to GREVIO,
on the grounds justifying its continuance.
Article 80 – Denunciation
1. Any Party may, at any time, denounce this Convention by means of a
notification addressed to the Secretary General of the Council of Europe.
2. Such denunciation shall become effective on the first day of the month
following the expiration of a period of three months after the date of receipt of the
notification by the Secretary General.
Article 81 – Notification
The Secretary General of the Council of Europe shall notify the member States
of the Council of Europe, the non-member States which have participated in its
elaboration, any signatory, any Party, the European Union, and any State invited to
accede to this Convention of
a
any signature;
b
the deposit of any instrument of ratification, acceptance, approval
or accession;
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any date of entry into force of this Convention in accordance with
Articles 75 and 76;
any amendment adopted in accordance with Article 72 and the date
on which such an amendment enters into force;
any reservation and withdrawal of reservation made in pursuance
of Article 78;
any denunciation made in pursuance of the provisions of Article
any other Act, notification or communication relating to this
Convention.
In witness whereof the undersigned, being duly authorised thereto, have signed
Done at Istanbul, this 11th day of May 2011, in English and in French, both texts
being equally authentic, in a single copy which shall be deposited in the archives of the
Council of Europe. The Secretary General of the Council of Europe shall transmit
certified copies to each member State of the Council of Europe, to the non-member
States which have participated in the elaboration of this Convention, to the European
Union and to any State invited to accede to this Convention.
In this Act, unless the context otherwise requires
"Commission" means the Commission established by article 6;
"Convention" means the Council of Europe Convention on
Prevention and Combating of Violence against Women and Domestic
Violence, concluded in Istanbul on the 11th May, 2011;
"domestic violence" means all acts or omissions, including
verbal, physical, sexual, psychological or economic violence causing
physical and, or moral harm or suffering, including threats of such
acts or omissions, coercion, or arbitrary deprivation of liberty, that
occur within a family and, or in an intimate relationship, whether or
not the perpetrator resides or has resided in the same residence with
the victim, and shall also include children who are witnesses of
violence within a family and, or an intimate relationship;
"family or domestic unit" includes
(a)
current or former spouses, civil union partners or
cohabitants in accordance with the Cohabitation Act, and their
children;
(b)
persons having or who had a child in common;
(c)
persons related to each other either by
consanguinity or affinity, civil union and, or cohabitation up to
the third degree inclusively;
(d)
persons who are or have been in a sentimental, and,
or intimate relationship; and
(e)
spouses whose marriage has been dissolved or
declared null;
"gender" means the socially constructed roles, expectations,
activities, behaviours and attributes that society at any given time
associates with a person of any sex, assuming any form of gender
identity or gender expression;
"gender-based violence" means all acts or omissions that are
directed against a person because of their gender, that result in, or are
likely to result in, physical, sexual, psychological or economic harm
or suffering, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private life;
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"MARAM Board" means a Multi-Agency Risk Assessment
Meeting Board which meets to discuss domestic violence cases that
are considered as high-risk;
"Minister" means the Minister responsible for equality
Provided that with regard the MARAM Board, the
Minister shall mean the Minister responsible for the Foundation for
Social Welfare Services;
"victim" means any natural person who is subjected to forms
of violence covered by the scope of this Act and the family members
of any person whose death was directly caused by the said violence
and who have suffered harm as a result of that person’s death as well
as minors who are witnesses to the forms of violence covered by the
scope of this Act.
(1)
This Act shall apply to all forms of violence
covered by the scope of the Convention.
(2) This Act shall apply in times of peace and in situations
of armed conflict.
(1)
The implementation of the provisions of this
Act, in particular measures to protect the rights of victims, shall be
secured without discrimination on any ground such as age;
association with a national minority; belief, creed or religion; colour,
ethnic origin and, or race; disability; family responsibilities and, or
pregnancy; family and, or civil status; gender expression and, or
gender identity; genetic features; health status; language; migrant or
refugee status; national or social origin; political or other opinion;
property; sex or sex characteristics; sexual orientation or any other
status.
(2) Special measures that are deemed necessary to prevent
and protect persons who are particularly vulnerable to violence due to
their gender shall not be considered discrimination under the terms of
this Act.
(1)
The public administration shall not engage in
any act of gender-based violence or domestic violence and shall
ensure that government institutions and any others acting on behalf of
the public administration act in conformity with this obligation.
(2)
The public administration shall
(a)
create and adopt, within one year from the
coming into force of this Act, an Action Plan which includes
effective, measurable, comprehensive and co-ordinated
policies encompassing all relevant measures to prevent and
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combat all forms of gender-based violence and domestic
violence, in liaison with the Commission;
(b)
ensure
the
implementation
of
the
aforementioned Action Plan by way of effective co-operation
among other relevant Ministries, Commissions, agencies,
authorities, institutions, organisations, civil society and any
relevant bodies;
(c)
allocate appropriate financial and human
resources for the adequate implementation of this Action Plan
to prevent and combat all forms of gender-based violence and
domestic violence, including those actions carried out by non-
governmental organisations, agencies and civil society;
(d)
review the Action Plan periodically and at least
once every three years in liaison with the Commission; and
(e)
publish a report, at least once every three years,
detailing the progress and status of the Action Plan.
Part II
Commission on Gender-Based Violence and Domestic Violence
(1)
There shall be a Commission to be known as the
Commission on Gender-Based Violence and Domestic Violence
which shall be a co-ordinating body with the aim of offering a holistic
response to gender-based violence and domestic violence by
promoting the right of all persons to live free from violence in both
the public and private sphere, and of implementing measures to
prevent all forms of violence falling within the scope of this Act.
(2) The Commission shall be a body corporate having a
distinct legal personality and shall be capable, subject to the
provisions of this Act, of entering into contracts, of employing
personnel, of acquiring, holding and disposing of property of any
kind for the purposes of its functions under this Act or any other law,
of suing and of being sued, and of doing all such things and entering
into all such transactions as are conducive or incidental to the
exercise or performance of its functions as herein contained.
(3) The legal and judicial representation of the Commission
shall lie in its Commissioner or such other officer as the Minister may
from time to time appoint by notice in the Gazette
Provided that the Commission may appoint any one of
its members or any other person to appear in its name and on its
behalf in any judicial proceedings, and on any act, contract,
agreement or document whatsoever.
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(1)
The Commission shall be composed of a
Commissioner who shall be called the Commissioner on Gender-
Based Violence and Domestic Violence and not less than six but not
more than twelve other members, one of whom shall be a person with
disability, who are knowledgeable on issues of gender-based violence
and domestic violence, and, or legal and administrative issues
connected therewith.
(2) The members of the Commission shall be appointed by
the Minister after consulting such public and private agencies or
entities involved in the research, prevention and treatment of gender-
based violence and domestic violence, as the Minister may deem
appropriate.
(3) The Minister shall ensure that the Commission is
composed of members which represent, as far as possible, a wide
representation of civil society.
(4) The members of the Commission shall designate any
one of its members as Deputy Commissioner and the member so
designated shall have all the powers and perform all the functions of
the Commissioner during his temporary absence or inability, or while
the Commissioner is on vacation, or during any vacancy in the office
of Commissioner. The name of the person designated as Deputy
Commissioner shall be published in the Gazette.
Every member of the Commission shall hold office for a
term of three years and may be reappointed at the end of his term of
office only once.
A person shall not be qualified to hold office as a
member of the Commission if that person
(a)
is a Minister or a Parliamentary Secretary;
(b)
is a practicing Judge or Magistrate;
(c)
is legally interdicted or incapacitated;
(d)
has been convicted of an offence liable to a term
of imprisonment for not less than six months;
(e)
has been convicted of an offence relating to a
breach of human rights or discrimination; or
(f)
is subject to disqualification under article 320 of
the Companies Act.
(1)
Subject to the provisions of this article, the
office of a member of the Commission shall become vacant
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(a)
upon the expiration of three years from the date
of appointment or at such earlier time as may be specified in
the instrument by which he was appointed; or
(b)
upon resignation by a letter addressed to the
Minister; or
(c)
if any circumstances arise that, if he were not a
member of the Commission, would cause him to be
disqualified for appointment as such; or
(d)
upon removal by the Commissioner upon a two-
thirds vote taken by all members for failure to attend meetings
as specified in article 12(2).
(2) A member of the Commission may, at any time, be
removed by the Minister after consultation with the other members of
the Commission and substituted by another member.
(3) If a member resigns or if the office of a member of the
Commission is otherwise vacant, it shall be filled by the appointment
of another member by the Minister in accordance with article 7(2).
The term of appointment of such member shall be for the remaining
period of the three year term of the member whose post has become
vacant.
Any member of the Commission who has any direct or
indirect interest in any matter or situation being considered by the
Commission, not being an interest which disqualifies such member
from remaining a member, shall disclose the nature of his interest at
the first meeting of the Commission after the relevant facts have
come to his knowledge. Such disclosure shall then be recorded in the
minutes of the meeting, and the member having an interest as
aforesaid shall withdraw from any meetings at which such matter or
situation is discussed.
(1)
The Commission shall meet within one month
from its constitution, and meetings of the Commission shall be called
by the Commissioner as often as may be necessary but not less than
once every two months, either on his own initiative or at the request
of any two of the other members thereafter.
(2) Attendance by all members shall be compulsory, with
failure to attend without reasonable cause for three consecutive
meetings resulting in an immediate and automatic motion for
removal.
(3) The quorum for meetings of the Commission shall be
half the number of its members, one of whom shall be the
Commissioner or the Deputy Commissioner.
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(4) Decisions of the Commission shall be taken by a simple
majority of the votes of the members present and in the event of an
equality of votes the Commissioner shall have a casting vote.
(5) Subject to the provisions of this Act, the Commission
shall, in general, regulate its own proceedings.
(6) The Commission may appoint sub-committees or
working groups from among its members as it deems appropriate in
order to better discharge its functions.
(7) The validity of any proceedings of the Commission shall
not be affected by any vacancy among the members of the
Commission or by any defect in the appointment of any member.
(8) The Commission may appoint any of its officers or
employees to act as Secretary and to assist with taking of minutes of
its meetings.
(9) The Commission may from time to time invite any
person to attend one or more of its meetings, in particular to provide
expert advice on specific issues.
The functions of the Commission shall be the following
(a)
to advise the Minister and any State institution
on all issues relating to gender-based violence and domestic
violence, as well as the measures deemed necessary to ensure
conformity with their due diligence obligations as established
in article 5 and the Convention;
(b)
to monitor and oversee the effective
implementation of the Action Plan developed by Government
in accordance with article 5;
(c)
to engage any relevant stakeholders, including
civil society, in the effective implementation of the Action
Plan mentioned in the preceding paragraph;
(d)
to determine the appropriate financial and
human resources required for the adequate implementation of
the integrated policies, measures and programmes to prevent
and combat all forms of gender-based violence and domestic
violence covered by the scope of this Act;
(e)
to support research in the field of gender-based
violence and domestic violence in order to study its root
causes and effects, incidences and conviction rates, as well as
the efficacy of measures taken to implement the Convention;
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(f)
to monitor national standards for support
services for victims and perpetrators of gender-based violence
and domestic violence, including public or private shelter
services or facilities;
(g)
to monitor standards and protocols for
professionals in the areas covered by the scope of this Act and
organise specialised training for the said professionals,
including, but not limited to, educators, members of the
judiciary and law enforcement officers;
(h)
to comprehensively collect and collate relevant
disaggregated statistical data at regular intervals on cases of all
forms of violence covered by the scope of this Act from the
State, public sector, agencies and other relevant entities, as
appropriate;
(i)
to collaborate with the relevant national
institutions to conduct population-based surveys at regular
intervals to assess the prevalence of and trends in all forms of
violence covered by the scope of this Act;
(j)
to provide the group of experts, as referred to in
article 66 of the Convention, with the information collected
pursuant to this article in order to stimulate international co-
operation and enable international benchmarking;
(k)
to ensure that the information collected pursuant
to this article is available to the public;
(l)
to conduct, on a regular basis and at all levels,
awareness-raising campaigns or programmes, including those
in co-operation with national human rights institutions and
equality bodies, civil society and non-governmental
organisations to increase awareness and understanding among
the general public of the different manifestations of all forms
of gender-based violence and domestic violence and the need
to prevent and address such violence;
(m)
to ensure the wide dissemination among the
general public of information on measures available to prevent
acts of violence covered by the scope of this Act, as well as
any means of redress available;
(n)
to collaborate with the educational authorities to
educate students on the forms of violence covered by this Act
and the preventive measures in their regard;
(o)
to provide guidelines to the media in relation to
the prevention of the forms of violence covered by the scope of
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this Act.
(1)
The Commission shall keep proper accounts of
its income and expenditure and shall prepare and send to the Minister,
by the 31st day of July of each calendar year, statements of accounts
in relation to the preceding financial year.
(2) The financial year of the Commission shall commence
on the 1st of January and shall end on the 31st of December of each
year
Provided that the first financial year of the Commission
shall begin on the coming into force of this Act and end on the 31st of
December of the next following year.
(3) The accounts of the Commission shall be audited by the
Auditor General and the Public Finance Management Act shall apply.
The Commission shall be exempt from any liability to
pay tax, in respect of its income, under the Income Tax Act.
(1)
As soon as practicable after the end of every
calendar year, but in any case by no later than the end of March of the
year immediately following the year of its constitution, the
Commission shall publish a report of all its activities and shall
continue to draw up such a report by the end of March of every year
thereafter (such report shall hereinafter in this article be referred to as
the "annual report").
(2) The annual report shall include a general report of
developments during the period to which it relates in respect of
matters falling within the functions of the Commission and shall also
include a report on the activities, recommendations, advice and other
initiatives carried out by the Commission in furtherance of its
functions during the period to which the report relates.
(3) A copy of the annual report shall be sent to the Minister
who shall, by not later than four weeks after receipt of the report, lay
a copy thereof on the Table of the House, so however that if the
House is not in session, then such report shall be laid by not later than
four weeks after the House resumes its session.
(4) The Commission may also send a copy of the annual
report to such other bodies or organisations as the Minister may direct
from time to time.
(5) The annual report shall, within the period of eight weeks
from the date on which a copy thereof is laid on the Table of the
House, be discussed by the Social Affairs Committee of the House of
Representatives or any other committee substituting the same.
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(1)
The Minister may, whenever the Commission so
requests, appoint a person or designate a public officer to assist it, in
a consultative capacity, for the purpose of exercising any of its
functions under this Act.
(2) There shall be a Secretary to the Commission who shall
be a person appointed as such by the Minister or a public officer
designated by the Minister to perform the functions of Secretary.
(3) The Commission shall also have such other staff as the
Minister may deem necessary in order for the Commission to perform
its functions and duties under this Act, and appoint or designate as
aforesaid.
(1)
The Minister shall be responsible for securing
adequate funds for the actual and effective performance of the
functions as set out in article 13.
(2) In administering such funds, the Commission shall
ensure adherence to all applicable legislation, including the
provisions of the Public Finance Management Act and relevant
public procurement legislation.
Part III
Designated Agency
(1)
The Minister shall designate one or more public,
civil society or other organisations, institutions or other bodies with
which arrangements have been made as provided in sub-article (3) as
the agency responsible for the provision of preventive, therapeutic
and, or treatment programmes for victims and perpetrators of
violence covered by the scope of this Act.
(2) The Minister shall assign those services to be provided
by the designated organisation, institution or other body.
(3) The arrangements referred to in sub-article (1) shall lay
down the services which the organisation, institution or other body
will be expected to provide for the duration of the arrangements and
which shall include the following
(a)
preventive, therapeutic and, or treatment
programmes for victims and perpetrators of forms of violence
covered by the scope of this Act;
(b)
public help-line facilities for emergency access
to specialised support services in those areas related to forms
of violence covered by the scope of this Act;
(c)
expertise for the assessment of the needs and
risks of victims of violence covered by the scope of this Act,
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including the development of a care plan for each referral;
(d)
sheltered accommodation for victims of violence
covered by the scope of this Act, including in partnership with
other organisations, institutions or other bodies providing
similar accommodation;
(e)
the compilation and dissemination to interested
persons and bodies of documentation on the rights of victims
of violence covered by the scope of this Act, and on the
remedies and services available to them;
(f)
the collation of data concerning domestic
violence for use by the Courts, prosecutors, law enforcement
officers, health care practitioners, social workers and other
agencies and entities, in a manner that protects the identity of
victims of violence covered by the scope of this Act.
(4) The arrangements referred to in sub-article (1) shall also
provide for funding by the Minister of the services agreed upon with
the organisation, institution or other body.
(5) The designated agency shall keep the funds referred to
in sub-article (4) separately from the other funds of the agency, which
shall keep proper books of account thereof audited annually by
auditors appointed by it with the concurrence of the Minister and
which shall moreover be subject to audit by the Auditor General.
(6) The designated agency shall, by not later than three
months after the close of each financial year, transmit to the Minister
(a)
a copy of the annual accounts certified by the
auditors; and
(b)
a report on the operations of the agency during
the year.
(7) The report referred to in sub-article (6)(b) shall be laid
on the Table of the House by the Minister by not later than six weeks
after its receipt, or where the House is during the period not in
session by not later than the second week after the House resumes its
sittings, and this report shall, within the period of eight weeks from
the date on which a copy thereof is laid on the Table of the House, be
discussed by the Social Affairs Committee of the House of
Representatives or any other committee substituting the same.
(8) Any member, officer, employee or member of staff of a
designated agency shall be deemed a public officer for the purposes
of article 92 of the Criminal Code.
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(9) The designated agency shall, where necessary and in the
best interest of all parties involved, liaise with any other agency,
institution, non-governmental organisation or any other body which
is competent to deal with matters relevant to the scope of this Act.
(1)
The Minister may make regulations to implement
and give better effect to the provisions of this Act, and without
prejudice to the generality of the foregoing, may prescribe anything
which shall be done or may be prescribed and may provide for any
consequential matter, incidental to, or connected to, the provisions of
this Act.
(2)
The Minister responsible for the Foundation for Social
Welfare Services may make regulations to implement and give better
effect to the provisions of this Act regarding the MARAM Board,
and without prejudice to the generality of the foregoing, may
prescribe anything which shall be done or may be prescribed and
may provide for any consequential matter, incidental to, or connected
to the provisions of this Act regarding the MARAM Board.
For the avoidance of any doubt, it is hereby declared that,
by means of a Note Verbale presented on the 21st May of 2012, Malta
reserved the right not to apply
(a)
article 30(2) of the Convention and to continue
to apply its current legislation in so far as State compensation
is concerned; and
(b)
article 44(1)(e) of the Convention and to establish
jurisdiction when the offence is committed by a person holding
permanent residence in terms of article 7 of the Immigration
Act.
(1)
The Convention, as reproduced in the Schedule
to this Act, shall be, and shall be enforceable as, part of the Laws of
Malta.
(2) Where any ordinary law is inconsistent with rights set
out in the Convention, the latter shall prevail, and such ordinary law
shall, to the extent of the inconsistency, be void
Provided that where any ordinary law confers a higher
degree of protection and, or further rights than those set out in the
Convention, that ordinary law shall apply.
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