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Sábado, 16 de Julho de 2011 II Série-D — Número 1

XII LEGISLATURA 1.ª SESSÃO LEGISLATIVA (2011-2012)

SUMÁRIO Delegações e Deputações da Assembleia da República: — Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na 121.ª Sessão do Comité de Ministros do Conselho da Europa (COE), no âmbito da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Istambul, de 10 a 12 de Maio de 2011.
— Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na reunião Comissão para a Igualdade de Oportunidades entre Mulheres e Homens, no âmbito da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Paris, nos dias 7 e 8 de Junho de 2011.
— Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na reunião da Comissão para a Igualdade de Oportunidades entre Mulheres e Homens (PE) no âmbito da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Bruxelas, nos dias 14 e 15 de Junho de 2011.
— Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na 4.ª parte da Sessão de 2011 da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Estrasburgo, de 22 a 24 de Junho de 2011.
— Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na Conferência sobre ―Gender-specific data collection as a prerequisite for effective policies to combat violence against women”, organizada pela WAVE – Women Against Violence Europe, no âmbito do Protect II – Gender Stat Expert Group Meeting‖, da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Viena, nos dias 29 e 30 de Junho de 2011.

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DELEGAÇÕES E DEPUTAÇÕES DA ASSEMBLEIA DA REPÚBLICA

Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na 121.ª Sessão do Comité de Ministros do Conselho da Europa (COE) no âmbito da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Istambul, de 10 a 12 de Maio de 2011

Relatório n.º 39 A convite especial do Ministro dos Negócios Estrangeiros da Turquia, Ahmet Davutoglu, na sua qualidade de presidente do Comité de Ministros do Conselho da Europa, tive a honra de assistir à abertura à assinatura da Convenção para a Prevenção e o Combate à Violência Contra as Mulheres e a Violência Doméstica, que decorreu no dia 11 de Maio de 2011, em Istambul.
Subscreveram a Convenção 13 Estados-membros: Alemanha, Áustria, Eslováquia, Espanha, Finlândia, França, Grécia, Islândia, Luxemburgo, Montenegro, Portugal, Suécia e Turquia.
Fui o único parlamentar estrangeiro a ser convidado para esta cerimónia, segundo os termos do convite ―pelo valioso contributo para a adopção atempada desta importante Convenção‖.
Na sequência, assisti também à 121.ª Sessão do Comité de Ministros do Conselho da Europa.
Na véspera, participei num jantar oferecido pela Secretária-Geral Adjunta do Conselho da Europa, Maud de Boer-Buquicchio, a qual no seu discurso referiu-se à minha pessoa em termos elogiosos, por todo o empenho que coloquei na causa do combate à violência contra as mulheres, e que culminou com a aprovação desta Convenção.

Assembleia da República, 12 de Maio de 2011.
O Deputado do PSD, José Mendes Bota.

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Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na reunião Comissão para a Igualdade de Oportunidades entre Mulheres e Homens, no âmbito da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Paris, nos dias 7 e 8 de Junho de 2011

Relatório n.º 40 No dia 8 de Junho de 2011, presidi à reunião da Comissão para a Igualdade de Oportunidades entre Mulheres e Homens, tendo feito as intervenções inerentes à função.
Na audição sobre o tema da Violência Psicológica, que contou com a participação das especialistas Yael Mellul e Marie-France Hirigoyen, fiz uma intervenção colocando as seguintes questões: – Que medidas têm sido tomadas para que existam estatísticas mais correctas em matéria de violência psicológica? – As causas dos suicídios são investigadas para averiguar possíveis conexões com casos de violência doméstica? – Será possível a um agressor mudar de atitude?

Na audição sobre o tema da Pornografia Violenta, que contou com a participação dos especialistas Andy Shortland e Markko Kunnapu, fiz uma intervenção colocando as seguintes questões: – Quais os principais países onde este tipo de websites e de material podem ser encontrados? – Estão a ser dados passos no sentido de outros países europeus introduzirem legislação criminalizadora da pornografia violenta, à semelhança da que existe no Reino Unido?

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– Há algumas medidas de protecção ou de compensação das vítimas deste tipo de filmes, pelo sofrimento experimentado? – Estando a aumentar o nível de tolerância da sociedade face à violência e à pornografia em geral, num processo de integração cultural subterrâneo, existirá o risco de também relativamente à pornografia violenta esse grau de tolerância se estar a elevar? – Existe alguma investigação que e demonstre que a pornografia violenta aumento o risco de violência contra as mulheres? – Mesmo nos casos em que os actores parecem menores mas não são menores, simulam a violência mas não são violentos, pode-se considerar que o que conta é a intenção, e que esta deve ser criminalizada?

Assembleia da República, 9 de Junho de 2011.
O Deputado do PSD, José Mendes Bota.

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Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na reunião da Comissão para a Igualdade de Oportunidades entre Mulheres e Homens (PE) no âmbito da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Bruxelas, nos dias 14 e 15 de Junho de 2011

Relatório n.º 41 No dia 15 de Junho de 2011, fui orador convidado para intervir numa audição que teve lugar na reunião da Comissão dos Direitos da Mulher e da Igualdade dos Géneros do Parlamento Europeu, para falar sobre a Convenção do Conselho da Europa para a Prevenção e o Combate à Violência contra as Mulheres e a Violência Doméstica, cuja subscrição foi aberta no passado dia 11 de Maio, em Istambul.
Nesta reunião, interveio também a Relatora Especial da ONU para a violência contra as mulheres, Rashida Manjoo.
Após esta audição, participei com Rashida Manjoo e a presidente da Comissão FEMM do Parlamento Europeu, Eva-Britt Svensson, numa conferência de imprensa conjunta, em apoio à Convenção de Istambul.

Assembleia da República, 16 de Junho de 2011.
O Deputado do PSD, José Mendes Bota.

ANEXO

Speech by Mr Mendes Bota Chairperson of the Committee on equal opportunities for women and men of the Parliamentary Assembly of the Council of Europe Meeting of the Committee on Women's Rights and Gender Equality of the European Parliament, 15 June 2011 Tackling gender-based violence – international perspectives The Council of Europe Convention on preventing and combating violence against women and domestic violence

Introduction Dear Chairperson, Dear Special Rapporteur, Dear colleagues, friends,

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It is always a pleasure to be in the European Parliament.
It is always a pleasure to be with people who share the same feelings, the same concerns, the same objectives, the same battles.
We come from different countries and different political affiliations but we all have a common goal: eradicating violence against women and contributing to creating a society with real equality between women and men.
It is not the first time that I have the opportunity to address you.
But today I would like my presence to have a different impact.
I haven’t come empty-handed.
I do not want to leave empty-handed.
I have brought with me a new legal instrument, a landmark Convention.
I have brought with me something which could change the life of millions of women, in Europe and in the world.

The Convention After two years of work and several rounds of in-depth and often difficult negotiations, on 11 May 2011, the Council of Europe Convention on preventing and combating violence against women and domestic violence was opened to signature.
13 Council of Europe member states have already signed it: Austria, Finland, France, Germany, Greece, Iceland, Luxembourg, Montenegro, Portugal, Slovakia, Spain, Sweden and Turkey.
The Parliamentary Assembly of the Council of Europe would like many more states to join. This Convention can be signed not only by Council of Europe member states but any other state in the world and the European Union.

What’s special about it? There are several reasons why this Convention is a ground-breaking instrument:
it recognises violence against women as a violation of human rights and a form of discrimination; it is the first international treaty to contain a definition of gender, which refers to “the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men”. This means that it is now recognised that women and men are not only biologically female or male, but that there is also a socially constructed category of gender that assigns women and men their particular roles and behaviours; it introduces a set of criminal offences such as female genital mutilation, forced marriage, psychological violence, stalking, sexual harassment, sexual violence including rape, forced abortion and forced sterilisation. This means that states will have to introduce offences for these acts where they do not currently exist in their legal systems; it calls for the involvement of all relevant state agencies and services so that violence against women and domestic violence are tackled in a co-ordinated way. This means that agencies and NGOs should not act alone but work out protocols for cooperation; it establishes a strong, independent mechanism to monitor its implementation at national level. This mechanism will be two-pronged, with one body, GREVIO (Group of experts on action against violence against women and domestic violence), composed of a minimum of 10 members and a maximum of 15 members, to be elected by the Committee of the Parties from among candidates nominated by the Parties for a term of office of four years, and the Committee of the Parties, composed of the representatives of the Parties to the Convention. GREVIO members shall be chosen according to a transparent procedure from amongst 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 Consultar Diário Original

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the areas covered by this Convention. They shall sit in their individual capacity and be independent and impartial in the exercise of their functions.

Who is covered by the Convention? The Convention aims to ensure that the needs and safety of victims are placed at the heart of all its measures.
It covers women and girls, from any background, regardless of their age, race, religion, social origin, migrant status or sexual orientation, to name but a few. It recognises that there are groups of women and girls that are often at greater risk of experiencing violence, and states need to ensure that their specific needs are taken into account.
States, in addition, are encouraged to apply the Convention to other victims of domestic violence such as men, children and the elderly.
A high but minimum standard.
The Convention is a landmark instrument establishing high standards in the field of prevention of genderbased violence, protection and assistance for its victims and prosecution of the perpetrators. However high, these standards are a minimum threshold, which States may and should bypass.
The Parliamentary Assembly of the Council of Europe believes that, in implementing the Convention, states should make it clear that it applies also to women without any regular residence status. As a matter of fact, women falling into this category are explicitly mentioned in the Convention only in so far as they lose their residence status as a result of the dissolution of a relationship with a spouse or partner as a consequence of their being victims of violence. This approach is too restrictive. In applying Article 4 of the Convention (on non-discrimination grounds), States should ensure that they include women who – for whatever reason – are without a regular legal status – because this group is particularly at risk of violence and reluctant to report it to the authorities, for fear of being expelled. In addition, the Assembly has pointed out that, in the field of prosecution, too much flexibility is left to the states parties on how to sanction some of the forms of violence covered by the Convention, whether through administrative, civil or criminal law. It would be preferable if States used this latitude with moderation, and preferred criminalising certain acts of violence, even if this creates the need for some member states to make additional efforts to adapt their domestic law to the Convention. Finally, it is regrettable but the Convention leaves to the States parties exceedingly broad latitude to make reservations, with the result that a considerable proportion of the convention could be made inoperative. This is all the more worrying considering that reservations could be made to important provisions such as those concerning the victims’ right to compensation, the exercise of jurisdiction, the statute of limitations, residence status and the obligation to provide for criminal sanctions for certain acts, as opposed to non-criminal sanctions. Once again, States should keep their reservations to a minimum, if they are serious about combating violence against women. It does not make any sense to have an implementation of the Convention à la carte.

The role of parliamentarians in relation to the Convention The Council of Europe Convention on preventing and combating violence against women and domestic violence includes also another unprecedented measure: it is the first international instrument to establish parliamentary involvement in the monitoring procedure.
This involvement is twofold: at national level, national parliaments will participate in monitoring the measures taken by the State parties to implement the Convention; at European level, the Parliamentary Assembly of the Council of Europe will be invited to regularly take stock of the Convention.
In addition, through its Network of contact parliamentarians committed to combating violence against women, the Assembly will conduct campaigning and awareness-raising activities in support of the promotion of the signature and ratification of the Convention.

Consultar Diário Original

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Conclusion Dear Chairperson, Dear Special Rapporteur, Dear colleagues, friends, As I said at the beginning, I haven’t come empty-handed.
I do not want to leave empty-handed.
I have come here with the Council of Europe Convention on preventing and combating violence against women and domestic violence.
I would like to leave with your support for this Convention.
I would like to leave knowing that you will help the Parliamentary Assembly of the Council of Europe promote this Convention, so that your countries sign it and ratify it as soon as possible.
I would like to leave knowing that you will lobby for the accession of the European Union to this Convention.
Violence against women, including domestic violence, undermines the core values on which the European Union, the United Nations and the Council of Europe are based.

This Convention was necessary, and long overdue.
Not to support this Convention would be a political crime.
Not to support this Convention would be yet another crime against women!

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Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na 4.ª parte da Sessão de 2011 da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Estrasburgo, de 22 a 24 de Junho de 2011

Relatório n.º 42 No dia 22 de Junho de 2011, participei no debate sobre o relatório Mignon, relativo à ―Reforma da APCE‖, durante o qual fiz três intervenções, e cujos textos integrais figuram nos Anexos A, B e C do presente documento.
Deve dizer-se que o resultado final traduziu-se num grande sucesso para a causa da igualdade entre mulheres e homens, pois as propostas de alteração ao projecto de resolução relativo à reforma da APCE, as n.os 15 e 19, subscritas pelo deputado Hancock e outros, visavam por um lado, a extinção pura e simples da Comissão IOMH, ou, em alternativa, a sua assimilação pela Comissão dos Assuntos Sociais e da Família, o que significaria um forte retrocesso em todo o processo de luta pelos direitos das mulheres.
Felizmente, e muito graças às acções de ―lobbying‖ interno que desenvolvi, e aos argumentos que utilizei para contrariar as ditas propostas de alteração, as mesmas foram rejeitadas pelo plenário.
Em contrapartida, e graças à aprovação do projecto de resolução proposto pelo relator, sr. Mignon, a Comissão IOMH, mudou o nome para Comissão da Igualdade e da Não-Discriminação, manteve todas as áreas de competência que tinha, e alargou-as a todos os assuntos de direitos humanos relativos à todas as formas de discriminação.
No dia 23 de Junho de 2011, pela manhã, presidi a uma reunião da comissão IOMH, tendo feito as intervenções inerentes à função.
Na parte da tarde, na minha qualidade de presidente da comissão IOMH, participei no debate sobre o relatório Gautier, relativo ao tema ―Davantage de femmes dans les instances de décision économiques et sociales‖, tendo feito uma intervenção cujo texto integral figura no Anexo D do presente documento.
No dia 24 de Junho de 2011, participei numa reunião do Bureau da APCE, durante a qual a minha Moção sobre o tema ―Promoting the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence‖, reproduzida no Anexo E, foi enviada à comissão IOMH para elaboração de um relatório.

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Fiz uma intervenção em defesa da proposta escrita que apresentei no sentido de se fazer um apelo a contribuições voluntárias de apoio à dimensão parlamentar da campanha de promoção da Convenção atrás mencionada, a de decorrer no período 2012-2013, e que consta no Anexo F do presente relatório.

Assembleia da República, 27 de Junho de 2011.
O Deputado do PSD, José Mendes Bota.

ANEXO A

Speech by Mr. Mendes Bota on the debate of report Mignon (doc. 12627) about the ―Reform of the Parliamentary Assembly‖ Parliamentary Assembly of the Council of Europe Strasbourg, 22nd of June 2011

Dear President, Dear colleagues, I would like to thank the Rapporteur and the members of the ad hoc committee for having put forward a well thought-out reform proposal, which is wise, coherent and forward-looking.
Colleagues, if we are serious about our engagement as members of this Assembly, we should know that the reform is necessary.
If we are serious about our engagement, we should know that we do not want just ANY reform.
The reform should not be dictated by the need of saving money.
It should not aim at cutting structures for the sake of cutting structures.
It should not be the result of amendments aimed at disrupting more than constructing something that makes sense.
The reform should aim at strengthening the Assembly’s political relevance; it should aim at enhancing the Assembly’s effectiveness, its visibility, and the involvement of its members.
In the Committee’s opinion, Mr. Mignon’s reform proposals are the best suited to achieve these objectives.
The Committee particularly welcomes the proposals of: – holding a free debate; – having more time for Committee meetings during sessions; and – limiting the number of Committees to which a member can belong to.

In addition, the Committee believes that it would not be possible to achieve the objectives of the reform without touching the structure of committees.
Also in this regard, we support the proposals made by the ad hoc committee, which would review committees’ structures and mandates so as to ensure that: – they are more in line with the CORE BUSINESS of the Council of Europe; – they focus on areas where the Assembly CAN make a difference; – they allow for a better repartition of responsibilities between committees, therefore contributing to a better sharing of responsibility, visibility and engagement between Assembly members.

As far as the proposal of transforming the Committee on Equal Opportunities for Women and Men into a Committee on Equality and Non-Discrimination, our Committee expresses its full support.
– Equality and non-discrimination are CORE BUSINESS of the Council of Europe, and areas in which our Organisation has a consolidated expertise and credibility;

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– this new committee would have clear counterparts in the Council of Europe inter-governmental structures, as well as at national level, where numerous bodies exist dealing with equality and non discrimination on all grounds; – the EXTENT OF THE PROBLEM OF DISCRIMINATION in Europe fully justifies the existence of A SPECIFIC COMMITTEE dealing with it.

Needless to say, the Committee DOES NOT SUPPORT ill-advised amendments which confuse gender equality with a social problem or would like to sweep it under the carpet.
Colleagues, the Committee on Equal Opportunities for Women and Men praises Mr. Mignon’s report as a tremendous achievement in devising a COHERENT reform proposal.
This report is the best possible reform proposal. It is made for the good of the Assembly and for the values we stand for. I hope that after this reform, we might be seen by the European citizens as the real PARLIAMENT OF HUMAN RIGHTS!

ANEXO B Speech by Mr. Mendes Bota on the debate of report Mignon (doc. 12627) about the ―Reform of the Parliamentary Assembly‖, about Amendment 15 Parliamentary Assembly of the Council of Europe Strasbourg, 22nd of June 2011

Dear President, Dear colleagues, Gender equality is not a social problem, but a human rights issue. This would be an artificial merging.
Should we discuss the political representation of women in the Social Committee? And it would be in contradiction with the reform of the Council of Europe itself, where gender equality is not grouped with any other issue, but with other discrimination grounds, under the general framework of human rights.
That is why we should vote against this amendment!

ANEXO C Speech by Mr. Mendes Bota on the debate of report Mignon (doc. 12627) about the ―Reform of the Parliamentary Assembly‖, about Amendment 19 Parliamentary Assembly of the Council of Europe Strasbourg, 22nd of June 2011

Dear President, Dear colleagues, To abolish the Committee on Equal Opportunities for Women and Men it would be a very wrong signal to the citizens outside, to other international organizations and to the Council of Europe itself.
It is unacceptable that the issue of gender equality could be dealt by a Committee having such a broad mandate, as the Legal Affairs Committee.
Gender equality would lose visibility and importance, and that would mean a downgrading of this issue.
That is why we should vote against this amendment!

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ANEXO D Discours de Mr. Mendes Bota, au débat du Raport GAUTIER (Doc. 12540) sur le thème «Davantage de femmes dans les instances de décision économiques et sociales» Assemblée Parlementaire du Conseil de l’Europe Strasbourg, 23 Juin 2011

Cher Président, chers collègues, Nous sommes devant une rapporteuse courageuse, un rapport courageux, des propositions courageuses! Il faut souligner que le combat pour l’çgalitç entre femmes et hommes, est un combat pour les droits fondamentaux, qui se trouvent dans nos constitutions nationales bien sur, mas sur un plan supérieur aux sacrçs droits de l’initiative privç des entreprises aujourd’hui çvoquç par certains de nos collégues, dans le débat que nous avons mené.
On a beaucoup parlé de partager le poids de réconciliation entre la vie professionnelle et la vie privée, ce que les anglais appelent le «burden-sharing». Autrement dit, faudra-t-il encourager le hommes à partager les taches mçnagéres, l’çducation des enfants, l’aide aux parents agçs. À toute çvidence, qui sait de combien d’heures se compose la journçe de travail d’une femme? 10 heures? 12 heures? 14 heures? Savons-nous qu’à l’Union Europçenne le travail partial atteint 18% du total, et que dans ce chiffre il’ y en a 4 femmes sur 5 travailleurs! Il s’agit dans ce dçbat de partager les chances de rçussite et d’arriver au top dans les entreprises, soit privçs où publiques. Ce qu’on sait, à l’Union Europçenne, c’est que 97% des prçsidents des conseils d’administration, ce sont des hommes. Et que les hommes occupent 88% des positions à l’ensemble des conseils d’administration. Ou que parmi les 80 syndicats affiliçs à la CES (Confçdçration Europçenne des Syndicats), il n’y a pas que 5 femmes au leadership.
L’accession des femmes aux positions de top dans les entreprises ne progresse que 0,5% par an. À ce rytme là, il faudra 50 ans pour que les femmes atteignent 40% des postes aux conseils d’administration des entreprises. Voilà la «voie naturelle» dont nous parlait le collègue Mr. Ghiletchi et sa vision pré-historique de la responsabilitç social des entreprises, aussi dans le domaine de l’çgalitç entre les hommes et les femmes.
D’abord, on touche sçrieusement à la question des «quotas», et nous avons entendu, sous la voix de Mme.
Schuster, le même argument de ces femmes militantes contre les «quotas», toujours le même regard sur soi mêmes: «je suis une femme, et j’ai rçussi en politique sans besoin de quotas»! Quel egoísme, quelle inconscience de son çtat d’excçption qui contredit l’absence de régle, ignorant tous les millions d’autres femmes, çgalement compçtentes, qui n’ont pas eu la moindre chance de casser le plafond de verre.
Pour moi, le talent n’a pas de genre. Le probléme de l’inçgalitç de genre aux entreprises, n’a rien à voir avec la compétence des femmes, mais plutôt avec la peur des hommes à partager le pouvoir.
Les femmes qualifiçes qui sortent des universitçs, doivent ètre rentabilisçes, sur une base d’çgalitç, et pas sur une base de bonté.
Il n’y a pas de gene de genre. Les femmes ne sont pas plus intelligentes que les hommes, où l’inverse.
Elles et eux se complçmentent, s’ajoutent, se mettent en compçtition. Mais tout ça, que ce soit sur une base rçelle d’çgalitç!

ANEXO E Motion for a Resolution (Doc. 12656) presented by Mr. Mendes Bota, about Promoting the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence Strasbourg, 21st of June 2011

On 11 May 2011, at the ministerial conference in Istanbul, the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence was signed by 13 Council of Europe member states.

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As the first international convention in the world addressing the specific issue of violence against women, the Istanbul convention is a landmark instrument, confirming the leading role of the Council of Europe in the field of standard setting.
This convention also recognizes a role for national parliaments in monitoring its implementation and invites the Parliamentary Assembly to regularly stake stock of it.
The Assembly, which has been strongly involved in the initiation, elaboration and opening for signature of the Istanbul convention, should strongly recommend its signature and ratification by the largest number of countries in Europe and outside. It should also call for accession by the European Union and promote it as a model for regional conventions, through the United Nations Women’s Agency.

ANEXO F Committee on Equal Opportunities for Women and Men Appeal for voluntary contributions in support of the parliamentary dimension of the campaign for the promotion of the Council of Europe Convention on preventing and combating violence against women and domestic violence in 2012-2013 Document prepared by the Secretariat upon the instructions of the Chairperson, Mr. Mendes Bota (Portugal, EPP/CD)

1. On 22 June 2011, the Assembly adopted Resolution 1822 (2011) on the Reform of the Assembly.
Paragraph 5.6.1. of the Resolution reflects the Assembly’s decision “to seek more actively external sources of funding for Assembly actions (other than statutory activities) and new initiatives”.
2. The Bureau is thus requested to authorise an appeal for voluntary contributions in support of the parliamentary dimension of the campaign for the promotion of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) from national parliaments and/or governments for the years 2012 and 2013.
3. These voluntary contributions would make it possible for the Committee on Equal Opportunities for Women and Men to conduct campaigning activities to promote the Istanbul Convention without affecting its capacity to carry out its ordinary work.
4. It is estimated that the extra funds required1 would be 180.000 euros for a 2-year campaign.
5. In order to facilitate budgetary planning, pledges of support for the year 2012 should be made, if at all possible, before the October 2011 part-session of the Assembly (with the funds being made available on 1 January 2012).

Project proposal

Support to the parliamentary dimension of the campaign for the promotion of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) during the period 2012-2013

to be covered by possible voluntary contributions from Council of Europe member states (governments and/or parliaments)
1 Further funds will be made available from the Assembly’s ordinary budget in support of the campaigns, in particular to cover some staff-related costs.

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1. Title: Support to the parliamentary dimension of the campaign for the promotion of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) during the period 2012-2013.
2. Location: Council of Europe, Strasbourg 3. Duration of overall project (campaign): 24 months (2012-2013) 4. Total amount: € 180 000 5. Context and state of play of the campaign and its parliamentary dimension: a) Violence against women and domestic violence Despite positive developments in law, policies and practices, violence against women still occurs at all levels of society, in all Council of Europe member states. It is estimated that one-fifth to one-quarter of all women have experienced physical violence at least once during their adult lives and more than one-tenth have suffered sexual violence involving the use of force. Figures for all forms of violence, including stalking, are as high as 45%. The majority of such violent acts are carried out by men in their immediate social environment, most often by partners and ex-partners.
Since the 1990s, the Council of Europe has taken a firm political stance against all forms of violence against women; it has recognised violence against women, including domestic violence, as a human rights violation and called for legally-binding standards on preventing, protecting against and prosecuting the most severe and widespread forms of gender-based violence.
The intergovernmental side of the Council of Europe responded positively to these appeals by setting up, in December 2008, an Ad Hoc Committee of experts on Preventing and Combating Violence against Women and Domestic Violence (CAHVIO), with the objective of drafting a Convention in this field.
The Assembly was actively involved in the negotiation process through the Committee on Equal Opportunities for Women and Men. Further to the conclusion of CAHVIO’s work, on 7 April 2011, the Ministers’ Deputies adopted the Convention, which was subsequently opened for signature at the ministerial conference in Istanbul, of 11 May 2011. The so-called Istanbul Convention has so far been signed by 13 member States. It will 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.

b) The Istanbul Convention The Istanbul Convention is a groundbreaking instrument: it is the first international legally-binding instrument in the world to provide for a comprehensive set of measures in the field of preventing and combating violence against women and domestic violence; it is also the first convention in the world to foresee a specific role for parliaments in monitoring its implementation at national level.
The Convention is also open to accession by non-Council of Europe member states.
National parliaments are among the main stakeholders both when it comes to passing national legislation and raising the awareness of the general public. Through the Parliamentary Assembly, they are provided with the essential tools to actively participate in the campaign, raise awareness on violence against women and domestic violence amongst the general public and to initiate concrete political and legislative measures in their countries.
Other Council of Europe conventions were effectively promoted through previous campaigns and thanks to the excellent co-operation between the intergovernmental sector of the Council of Europe and the Parliamentary Assembly.

c) The Council of Europe campaign The Council of Europe campaign for promoting the signature and ratification of the Istanbul Convention started after the opening of the Convention for signature, and is planned to be very intense but short, with an estimated duration of two years. It will be based on the production of campaigning materials, the organisations of conferences and specialised regional seminars as well as of events aimed at raising the public opinion’s awareness on violence against women and domestic violence.

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The parliamentary dimension of the campaign will be ensured by the PACE Network of contact parliamentarians committed to combating violence against women and domestic violence. The Network was first set up in the context of the Campaign to combat violence against women conducted by the Council of Europe from 2006 to 2008. At the time, 40 national parliaments and 56 contact parliamentarians conducted activities to condemn violence against women, raise awareness, better protect the victims and effectively prosecute the perpetrators. After the end of the campaign, the Assembly decided to renew the Network, which at the moment counts 41 contact parliamentarians from Council of Europe member and observer states.
In the period 2010-2011, the Committee on Equal Opportunities for Women and Men organised 5 meetings of the Network in Strasbourg drawing from its ordinary resources. However, in addition to having a negative impact on the availability of resources for ordinary activities of the Committee, this might not be sufficient to cover future campaigning activities, which will intensify as a result of the opening for signature of the Convention.

6. Activities envisaged Parliamentary activities planned in 2012 and 2013 include: – The preparation and publication of a handbook for parliamentarians facilitating the promotion of the Istanbul Convention in their national parliaments; – Translation of the handbook in French, German, Italian, Russian and Spanish; – Preparation, translation (either into English or French) and publication of a Newsletter for the members of the Parliamentary Network and possibly other interlocutors; – Invitation of external experts when appropriate and relevant to a maximum of six meetings of the PACE Network of contact parliamentarians committed to combating violence against women during the part-sessions; – Organisation of three external meetings of the contact parliamentarians; – Organisation of a joint event with the European Parliament on the Istanbul Convention; – Reinforcement of the staff with the hiring of a project officer to run the parliamentary dimension of the campaign.

The Parliamentary Assembly itself would continue to contribute to the campaign by dedicating substantial resources to the campaign, notably in the form of working time of staff already in place, but also by covering items such as: - the organisation of meetings of contact parliamentarians during part-sessions; - parliamentary missions in the context of various campaign-related event; - staff missions related to the campaign.

The cost for staff time to be dedicated exclusively to the campaign activities is included under the various items of the budget. This concerns both the working time spent on campaign activities by staff already in place in the Secretariat of the Committee on Equal Opportunities for Women and Men.

7. Parties involved: Main beneficiary: Secretariat of the Parliamentary Assembly for reinforcement of its resources allowing to develop further campaign tools, organise events and animate the PACE Network of contact parliamentarians throughout the year; Stakeholders/partners: contact parliamentarians of national parliaments, other parliamentarians, possibly certain national parliaments as co-organising partners of events; partners from the intergovernmental sector of the Council of Europe and from governments directly; Multiplicators: NGOs, universities.

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8. Project management: The overall responsibility for the project lies with the Secretariat of the Committee on Equal Opportunities for Women and Men of the Parliamentary Assembly. It will be managed on a day to day basis by the Council of Europe Office in Strasbourg.
A mid-term report would be delivered at the end of the first year of the project, whilst a final written report would be presented no later than three months after the end of the project.

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Relatório elaborado pelo Deputado Mendes Bota, do PSD, relativo à sua participação na Conferência sobre ―Gender-specific data collection as a prerequisite for effective policies to combat violence against women”, organizada pela WAVE – Women Against Violence Europe, no âmbito do Protect II – Gender Stat Expert Group Meeting, da Assembleia Parlamentar do Conselho da Europa (APCE), que decorreu em Viena, nos dias 29 e 30 de Junho de 2011

Relatório n.º 43 No dia 30 de Junho de 2011 participei, na qualidade de orador convidado, na conferência acima descrita, e que contou com a presença da ministra federal da Áustria para os Assuntos das Mulheres e dos Serviços Civis, Gabriele Heinish-Hosek. A intervenção que ali produzi consta do Anexo do presente relatório. No final, fiz outra intervenção em resposta às questões que me foram colocadas pela audiência.

Assembleia da República, 30 de Junho de 2011.
O Deputado do PSD, José Mendes Bota.

ANEXO

REQUIREMENTS CONCERNING RESEARCH AND DATA COLLECTION IN THE ISTAMBUL CONVENTION

Presentation by Mr Mendes Bota, Chairperson of the Committee on Equal Opportunities for Women and Men of the Parliamentary Assembly of the Council of Europe delivered at the conference about ―Gender-specific data collection as a prerequisite for effective policies to combat violence against women‖, organized by WAVE – Women Against Violence Europe, in the context of the Protect II – Gender Stat Expert Group Meeting, held in Vienna, on 30 June 2011

Dear Chairperson, ladies and gentlemen,

1. Opening: the Convention

It is a great pleasure addressing you today, not only because I have the opportunity to meet many friends and colleagues, including the organisers – WAVE – but also because I can present to you something I am extremely proud of: the Council of Europe Convention on preventing and combating violence against women and domestic violence.
The Convention is, in itself, a historical event, since it is the first international legally-binding instrument in the world to provide for a comprehensive set of measures in the field of preventing and combating violence against women and domestic violence.
Since the 11th of May this year, the Convention is open for signature, and can be signed by Council of Europe member states, the European Union, or any other country – subject to a special procedure. So far it has

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been signed by 13 Council of Europe member states: Austria, Finland, France, Germany, Greece, Iceland, Luxembourg, Montenegro, Portugal, Slovakia, Spain, Sweden and Turkey. More countries will certainly follow in the coming months.
One of the main reasons why I am so proud of this Convention is that it is very comprehensive, and aims at addressing the plight of gender-based violence in its entirety. In addition to Prevention, Protection and Prosecution, a 4th P was added to the Convention – Integrated Policies – , to highlight the importance of integrated, holistic and co-ordinated policies in this field, without which measures to eliminate violence against women are bound to fail.
2. Article 11 In the part devoted to Integrated Policies, Article 11 of the Istanbul Convention specifically deals with data collection and research.
Under this article, Parties 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.
Parties should also endeavour to conduct population-based surveys at regular intervals to assess trends in all forms of violence covered by the scope of this Convention.
Parties should provide the group of independent experts set up to monitor the implementation of the Convention (GREVIO) with the information collected pursuant to this article in order to stimulate international co-operation and enable international benchmarking.
Last but not least, Parties should ensure that the information collected pursuant to this article is made available to the public.

3. Addressing a gap

Article 11 of the Istanbul Convention addresses a huge gap.
Violence against women, although a serious human rights violation, is a hidden phenomenon: first of all, because its victims often take refuge in silence; secondly, because it is ignored by statistics.
As the explanatory memorandum to the Convention clarifies, prevalence rates for Europe do not exist. A number of Council of Europe member states have conducted surveys to measure the extent of violence against women on a national basis. An overview of these surveys seem to suggest that, in Europe, one-fifth to one-quarter of all women have experienced physical violence at least once during their adult lives; more than one-tenth have suffered sexual violence involving the use of force. The majority of such violent acts are carried out by men in their immediate social environment, most frequently by partners and ex-partners.
Unfortunately, the explanatory memorandum cannot present more precise information: examples of systematically collected administrative or population-based data in Council of Europe member states are rare; in addition, available data is often not comparable across different countries; it is often not comparable over time in the same country, either.

4. Assessing the information gap

The Council of Europe has been aware for a long time of the importance of research and data collection as an integral part of the policies aimed at preventing violence against women.
Its willingness to cast a light on its member states‘ deficiencies and weaknesses in this area led the Council of Europe to organise, in 2007 in Lisbon, a regional seminar on Data collection as a prerequisite for effective policies to combat violence against women, including domestic violence, in the context of the campaign Stop

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domestic violence against women. This event represented an important opportunity for exchanging information, identifying good practices, best methodologies and international standards.
It was symptomatic, however, that on that occasion, of all Council of Europe member states, only Cyprus presented a systematic collection of police data, even if these were not even published on a routine basis.
The following year, the analysis of the results of the second round of monitoring the implementation of recommendation (2002) 5 on the protection of women against violence in Council of Europe member states fully indicated that only 15 out of 47 Council of Europe member states provided data on the sex of the offender and the victim in the context of domestic violence. In addition, this information was not at all easy to access, even on the Internet. From CEDAW reports and national policy documents it also appeared that a number of states required each police district to prepare a regular report on domestic violence but such a document was not intended for external circulation. In some cases, the police delivered statistics on domestic violence upon request, but not as a matter of routine.
In 2008, only 7 Council of Europe member states collected information on violence against women through the health care services. This was most easily accomplished in the Nordic countries, and was consolidated practice in Denmark and Sweden.

5. Why data collection and research are important

Far from being a technical matter, the collection of data and research is a key element in preventing and combating violence against women.
Without data and research, it is not possible to grasp this phenomenon, its root causes and effects.
It is not possible, for us law-makers and politicians, to devise policies which are based on objective evidence and fit for their purpose.
Without precise and systematic information from sources such as law enforcement agencies, judicial authorities, health care and social services and non-governmental organisations, it is not possible to monitor the effective implementation of policies and legislation and the performance of the authorities.
It is not possible to put numbers black on white, and show to the public opinion at large – and often to some politicians - that violence against women is not an isolated phenomenon which affects a limited number of unfortunate victims, but a widespread plight, rooted in all European societies, which affects all social groups.
Finally – an element which should not at all be underestimated - the collection and publication of data can contribute to developing self-awareness in the victims and encourage them to seek help and report genderbased violence to the police.

6. The European Observatory on Murdered Women

A particular problem of data and figures is that, when they are published, they are already obsolete. In fact, when giving its opinion on the Council of Europe Convention on preventing violence against women and domestic violence, the Assembly asked that Article 11 be revised so as to include an obligation for the State Parties to issue annual and up-to-date statistics on violence against women. Unfortunately, this amendment proposal was not endorsed by the Committee of Ministers.
We cannot but hope that, in complying with the obligation set out in article 11, the State Parties will ensure that the figures they collect are made publicly timely, and are gathered sufficiently frequently so as to highlight actual trends.
Nothing can replace the importance of scientifically collected data and information to provide a clear overview of the phenomenon of violence against women. However, other initiatives, even if not based on a scientific collection of data, can help understand trends and raise awareness amongst the public opinion.
I am thinking, in particular, to the work carried out by a non-governmental organisation based in Portugal, UMAR, under a project called ‗the Observatory of Murdered Women‘.
The aim of the Observatory is unveiling the events surrounding the murder or attempted murder of women, due to the fact that official data does not distinguish crimes on the basis of their motive, is available only with delay and does not provide a range of information, such as what preventing measures have been taken by the

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authorities, whether the victim had asked for police protection, what follow-up had been given by the police, and so on.
The most important source of information for UMAR‘s Observatory are written press and investigation work on the circumstances of each individual murder or attempted murder. On this basis, annual reports are issued providing figures on the gender of the perpetrator and the relation with the victim; peak periods for murders and attempted murders of women; age of the victim; application of barring or protection orders… Although this information cannot replace official statistics, it is very detailed as well as promptly and widely available, and offers a very good ‗approach‘ to reality. In fact, the work of the Observatory has become so widely known in Portugal, that also the authorities refer to it.
Within the Parliamentary Assembly of the Council of Europe, we are trying to set up a ‗European Observatory on Murdered Women‘, by identifying and linking non-governmental organisations and research centres in Council of Europe member states which could inspire themselves to the activities conducted by UMAR.

7. Conclusions

Dear Chairperson, ladies and gentlemen, In my daily work as a member of parliament deeply engaged in the issues of gender equality and the fight against gender-based violence, I am often struck by the lack of precise, comparable and up-to-date statistics and data on these matters.
Without data, we cannot understand violence against women; we cannot devise effective policies; we cannot know if our policies are good or bad; we cannot bring the problem out in the open; we cannot help the victims recognise themselves for what they are: victims of a crime and a serious human rights violation.

Lack of data is the denial of the problem.
Collecting data is the first step to address it.
The Council of Europe Convention on preventing and combating violence against women and domestic violence offers us a way forward. It will make it possible for the State Parties to have comparable and updated statistics and surveys, which will be available not only to specialists involved in preventing and combating violence against women but also to the general public.
Please help us ensure that this Convention is ratified by the largest possible number of states and enters into force as soon as possible.

Thank you very much for your attention.
A Divisão de Redacção e Apoio Audiovisual.