– 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 way.

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:

a 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;

b the offence, or related offences, were committed repeatedly;

c the offence was committed against a person made vulnerable by particular circumstances;

d the offence was committed against or in the presence of a child;

e the offence was committed by two or more people acting together;

f the offence was preceded or accompanied by extreme levels of violence;

g the offence was committed with the use or threat of a weapon;

h the offence resulted in severe physical or psychological harm for the victim;

i the perpetrator had previously been convicted of offences of a similar nature.

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

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