Appendix to the reply
Comments received from committees on Parliamentary
Assembly Recommendation
1868 (2009) on “Action to combat gender-based human rights violations,
including abduction of women and girls”
Comments by the Steering Committee for
Equality between Women and Men (CDEG)
As regards the stepping up of the programmes of the North-South
Centre on gender equality, the CDEG recalled that following the
thematic debate of the Committee of Ministers on gender equality
in October 2008, the latter requested the CDEG to continue and extend
its action for integrating a gender perspective in Council of Europe
activities. It already had the opportunity to contribute actively
to the activities organised by the North-South Centre, in particular
in the framework of the preparation of the White Book on Intercultural
Dialogue, and on women’s participation in political and public life.
It therefore supports the proposal of the Parliamentary Assembly
to contribute actively to the programmes of the North-South Centre
by sharing its experience and its extensive knowledge in the field
of equality between women and men.
As regards the drafting of a new protocol to the European
Convention on Human Rights on gender equality, it recalls its comments
on Recommendation 1798
(2007) of the Parliamentary Assembly – “Respect for the principle
of gender equality in civil law” in which it underlined the existing
instruments of the Council of Europe which already provide a legal
framework to combat any form of discrimination against women.
The CDEG also added in its comments that the drawing up of
a new protocol to the Convention for the Protection of Human Rights
and Fundamental Freedoms, could in due time be considered by the
Committee of Ministers. It has also considered that the CDEG could
examine further this proposal in co-operation with the other relevant
Council of Europe steering committees, in particular the European
Committee on Legal Co‑operation (CDCJ) and the Steering Committee
for Human Rights (CDDH).
Comments by the Executive Council of the
North-South Centre
1. The Executive Council of the
North-South Centre welcomes the interest shown by the Parliamentary Assembly
of the Council of Europe in taking action to combat gender-based
human rights violations, including the abduction of women and girls.
2. The North-South Centre feels that equality between women and
men is a crucial question in developing societies, as confirmed
by the Euro-Mediterranean Ministerial Conference in Istanbul. Respect
for women’s fundamental rights endows intercultural dialogue with
an eminently positive dimension and constitutes a substantial basis
for all debates on cultural diversity, as pointed out by the White
Paper on Intercultural Dialogue, “Living Together in Equal Dignity”.
3. In line with its mission of creating platforms for North-South
dialogue in order to promote respect for human rights and democratic
governance as the foundation of sustainable development, the North-South Centre
has been working for women’s fundamental rights for many years.
In particular, the issue of the role and rights of women in the
Mediterranean region has been at the heart of the Trans-Mediterranean
programme since its launch in 1994. The process of promoting and
protecting women’s rights in the Euro‑Mediterranean region was started
and reinforced by the North-South Centre in the conviction that
women’s rights are a sine qua non condition for true democratic
governance and the reinforcement of citizenship and participation.
In fact, a democratic society is judged by the way it treats its
women. And women’s place in Mediterranean societies is not dissociable
from the challenge of reinforcing democracy and the demand for political,
social and cultural reforms.
4. Like the Parliamentary Assembly, the Executive Council considers
that the time has come to go a step further and endeavour to reinforce
programmes on equality between the sexes and the fight against gender-based
violence and pursue dialogue with countries of emigration and immigration
on the goals equality between the sexes and civil law in particular
and the fight against serious violations of human rights.
5. The conference entitled “Political status and participation:
women as actors of change in Euro‑Mediterranean society” organised
by the North-South Centre, in partnership with the Sub-Committee
on equal participation of women and men in decision making of the
Parliamentary Assembly of the Council of Europe in Lisbon on 2 and
3 April 2009 fits in with this perspective. The aim of the series
of conferences on women as agents of change in Euro-Mediterranean
societies, that have been held since 2006, is to take stock of women’s
rights in certain Mediterranean countries by looking at developments
in family codes or personal status. It is a question of analysing
both developments and obstacles and of defining approaches and tools
for fighting these obstacles.
6. Moreover, the new Chair of the Executive Council, Deborah
Bergamini, has been deeply involved as representative of the Parliamentary
Assembly in the Council of Europe’s campaign against violence against women.
In this spirit, an awareness-raising operation was organised on
her initiative during the Venice Film Festival in September 2009,
based on clips filmed by the national television stations of the
Council of Europe as part of the campaign.
7. In light of the above, the Executive Council reiterates its
will to develop the North-South Centre’s role as a catalyst in the
reinforcement of synergies among players working for the promotion
of women’s rights in the world, particularly in the Euro-Mediterranean
and Euro-African regions.
Comments received from committees on Parliamentary
Assembly Recommendations
1868 (2009) on “Action to combat gender-based human rights violations,
including abduction of women and girls”, and 1881 (2009) on “The
urgent need to combat so-called “honour crimes””
Comments by the Steering Committee for
Human Rights (CDDH)
1. The Steering Committee for
Human Rights (CDDH) welcomes
Recommendation
1868 (2009) of the Parliamentary Assembly on “Action to combat gender-based
human rights violations, including abduction of women and girls”,
and
Recommendation 1881
(2009) on “The urgent need to combat so-called ‘honour crimes’”,
which touch upon serious problems present in all member states of
the Council of Europe and of which the number of victims tends to
increase. The CDDH notes that in these texts, the Assembly notably
repeats its request for the drafting of a new protocol the European
Convention on Human Rights devoted to equality between women and
men.
2. While understanding the reasons underlying this proposition,
the CDDH refers to the comments it had already formulated regarding
Recommendation 1798 (2007) on “Respect for the principle of gender equality in civil
law”, referred to in the aforementioned texts. It reaffirms that
implementing the existing legal framework, meaning Article 14 of
the Convention, Article 5 of Protocol No. 7 and Protocol No. 12
to the Convention, can solve the issues which have been raised without
requiring a new binding legal instrument (convention, protocol or
treaty). In this regards, it reminds that on the basis of existing
dispositions, the European Court of Human Rights recently found
a violation of Article 14 of the Convention, jointly with Articles
2 and 3, in a case that dealt with the authorities’ failure to protect
the applicant and her mother against acts of domestic violence.
The Court judged that the physical abuse inflicted on the applicant
and her mother was related to their sex and that it must thus be
seen as a form of discrimination against women.
Note
3. The CDDH draws attention to the significant drafting work
of the Ad hoc committee on preventing and combating violence against
women and domestic violence (CAHVIO), of a draft Convention on the
prevention of violence against women and domestic violence. That
said, the CDDH is convinced that legal responses, whilst essential
in this field, are nevertheless not sufficient; they must be combined
with educational and cultural measures likely to deter, in a long-term
perspective, the phenomenon of violence against women and domestic
violence. Consequently, the CDDH suggests that within the Council
of Europe, a particular emphasis be put on actions in the field
of human rights education and culture.
Comments received from committees on Parliamentary
Assembly 1881 (2009) on “The urgent need to combat so-called “honour
crimes””
Comments of the European Committee on
Crime Problems (CDPC)
1. Following the adoption by the
Parliamentary Assembly of
Recommendation
1881 (2009) on “The urgent need to combat so-called “honour crimes””,
the Committee of Ministers decided to communicate it to the European
Committee on Crime Problems (CDPC) for information and/or possible
comments. The CDPC examined the above recommendation and decided
to contribute to the response of the Committee of Ministers by providing
the following comments concerning matters within its fields of competence.
2. The CDPC welcomed the initiative of the Parliamentary Assembly
for the Committee of Ministers to devise a comprehensive strategy
to put a stop to so-called “honour crimes”, based on the fundamental principles
of gender equality and respect for human rights, and supported the
Assembly’s invitation to the Committee of Ministers to include the
fight against the most severe and most widespread forms of violence against
women in its assistance and co-operation programmes.
3. As regards the specific criminal law aspects, the CDPC noted
that
Recommendation 1881
(2009) referred to a strategy based on the elimination of every
form of legislative justification for diminishing or removing the
criminal responsibility of the perpetrators of “honour crimes”.
The CDPC fully supported this approach, and believed that custom,
religion, tradition or honour may not be considered to justify acts
of violence against women.
4. Furthermore, Parliamentary Assembly
Resolution 1681 (2009), to which its
Recommendation 1881 (2009) refers, asked national parliaments of Council of Europe
member states to pass legislation to make so-called “honour crimes”
offences either by creating a specific offence or by making provision
for penalties to be aggravated. The CDPC was of the opinion that
member states should adopt, according to their national legal systems,
the necessary legislative or other measures to ensure that any form
of violence committed in the name of honour is criminalised and
punishable by effective, proportionate and dissuasive sanctions,
taking into account its seriousness.
5. In this respect, the CDPC wished to recall the on-going work
of the Ad hoc committee on preventing and combating violence against
women and domestic violence (CAHVIO), which is drafting a convention
on the subject. According to CAHVIO’s interim report adopted by
the Committee of Ministers on 1 July 2009, “crimes committed in
the name of honour” form part of the conduct that should be covered
by the draft convention.
6. In its
Resolution
1681 (2009), the Parliamentary Assembly also requested member states
to protect and support victims and potential victims of “honour
crimes”. The CDPC recalled that the above-mentioned interim report
stated that the draft convention being drawn up by CAHVIO would
contain a chapter on protection and support of victims, including
the establishment of support services such as telephone helplines,
shelters, and emergency centres.
7. Moreover, as a follow-up to Resolution No. 1 adopted at the
29th Council of Europe Conference of Ministers of Justice (18-19
June 2009, Tromsø, Norway) on preventing and responding to domestic
violence, which includes crimes committed in the name of honour,
the CDPC wished to inform the Assembly that it will initiate work
on the status and rights of victims in criminal proceedings with
a view to granting them status in criminal cases. At its 2009 plenary
meeting (12-16 October), the CDPC approved a proposal for an expert
to carry out a preliminary report/study on this subject.
8. In view of the above, the CDPC was of the opinion that the
standard-setting work already in progress on the subject will sufficiently
address the criminal law and criminal procedural law questions within
its competence which arise in relation to so-called “honour crimes”.
Comments by the Steering Committee for
Equality between Women and Men (CDEG)
The CDEG has noted with interest Recommendations 1881 (2009) and 1887 (2009) of the Parliamentary Assembly on, respectively,
“The urgent need to combat so-called “honour crimes”” and “Rape
of women, including marital rape”.
The CDEG fully supports the spirit of these recommendations
and refers to its action since the 1970s and right up to the present
day to combat all forms of violence against women. It welcomes the
fact that its efforts, combined with those of the Parliamentary
Assembly, will lead to the first European human rights treaty in
this area, in the form of a Council of Europe convention on preventing
and combating violence against women and domestic violence.
The Ad hoc committee on preventing and combating violence
against women and domestic violence (CAHVIO) has decided that the
convention should cover all forms of violence against women, whether
this be physical, psychological, sexual or economic. The convention
should cover all forms of sexist violence that results or could
result in physical, sexual or psychological suffering or harm, including
the threat of such acts, coercion, or arbitrary deprivation of liberty,
whether occurring in public or private life.
This includes the following non-exhaustive aspects:
- physical and mental aggression,
including criminal harassment;
- sexual violence, including sexual assaults, rape and sexual
harassment;
- other forms of violence against women, including forced
marriages, deprivation of liberty, female genital mutilation and
honour crimes.
Concerning more particularly paragraph 2.3 of Recommendation 1887 (2009) requesting member states to “establish marital rape
as a separate offence under their domestic law if they have not
already done so, in order to avoid any hindrance of legal proceedings”,
some CDEG members considered that establishing marital rape as a
separate offence was not necessary, rape being considered as a crime
in their legislation, independently of the existing relationship
between the perpetrator and the victim.
In connection with the drafting of a new protocol on equality
to the European Convention on Human Rights, as advocated in Recommendation 1881 (2009) on “The urgent need to combat so-called “honour crimes””,
it repeats its comments on Parliamentary Assembly Recommendation 1798 (2007) on “Respect for the principle of gender equality in
civil law”. In these comments, the CDEG referred to the existing
Council of Europe instruments that already offered a legal basis
for combating all forms of discrimination against women and asked
member states that had not already done so to sign and ratify them,
particularly Protocol No. 12 of the European Convention on Human
Rights, and to fully apply the provisions of these instruments.
The CDEG also notes that Recommendation CM/Rec(2007)17 on
gender equality standards and mechanisms invites member states to
ratify and implement the “international legal instruments on human
rights in general and on women’s and girls’ full enjoyment of human
rights in particular” because “they are a fundamental and authoritative
basis and a framework for national policies to eliminate discrimination
on the grounds of sex and promote gender equality. Their ratification
is a first decisive step towards these objectives and their full implementation
must be ensured and constantly monitored and evaluated.”
The CDEG added in its comments that the Committee of Ministers
might envisage a new protocol to the European Convention on Human
Rights in due course. It also thought that it could give this proposal
more detailed consideration in conjunction with other relevant Council
of Europe steering committees, in particular the European Committee
on Legal Co-operation (CDCJ) and the Steering Committee for Human Rights (CDDH).
As to the proposed launch of a Council of Europe campaign
against rape, including marital rape, possibly in connection with
the promotion of the future Council of Europe convention, as proposed
in Recommendation 1887
(2009) on the “Rape of women, including marital rape”, the
CDEG would support such an idea provided that the necessary human
and financial resources were made available. This point was made
by the Committee of Ministers itself in its recent Declaration “Making
gender equality a reality”, in which member states are urged to
“renew their commitment to achieve equality in fact and in law between
women and men as an integral part of human rights and a fundamental
criterion of democracy in conformity with the values defended by
the Council of Europe and to provide the Council of Europe the necessary
human and financial resources”.
