11 | - Número: 025 | 4 de Fevereiro de 2012

B. Explanatory memorandum by Mr Mendes Bota, rapporteur Contents Page 1. Introduction 4 2. A unique instrument in the world 5 3. A strong political message 6 4. The strengths of the convention as a legal instrument 6 4.1. The extent of its material and personal scope 6 4.2. A strong emphasis on victim protection 7 4.3. High standards in the area of prosecution 7 4.4. A holistic approach including prevention and integrated policies 7 4.5. A strong, independent and innovative monitoring mechanism 8 5. How to promote the convention 8 5.1. At intergovernmental level 8 5.2. At parliamentary level 9 5.3. Reinforcing the partnership with civil society and non-governmental organisations 10 5.4. Reinforcing the Council of Europe’s overall visibility in the area of gender equality 10 6. Where it should be promoted 10 6.1. In Europe 10 6.1. Worldwide 10 7. Conclusions and recommendations 11 1. Introduction 1. It has taken a long period of reflection and a well thought-out process for the Council of Europe to finalise a comprehensive and legally binding instrument in the area of violence against women. In the last decade, all the main Council of Europe bodies and institutions have played an important role in achieving this result, each of them relying on its specific expertise and tools: – The Parliamentary Assembly has drawn the member states’ attention to violence against women through a wealth of resolutions and recommendations.3 – In 2002, with a milestone text, the Committee of Ministers proposed a comprehensive strategy for the prevention of the phenomenon and the protection of its victims in all Council of Europe member states.4 – To give more impetus to this effort, the Heads of State and Government of the Council of Europe member states decided, at their 3rd Summit in 2005, to carry out a large-scale campaign on the issue.5 – This work culminated, in the period 2006-2008, in a Council of Europe Campaign, which was conducted at three levels: intergovernmental, parliamentary and local.
– The Assembly ensured the parliamentary dimension of the Campaign, through the establishment of a Network of contact parliamentarians committed to combating violence against women. Parliamentarians pushed for changes in legislation, organised parliamentary debates and hearings, gave interviews and made public statements with a view to raising awareness about the phenomenon of violence against women. 6 – During the Campaign and at its conclusion, a number of bodies recognised the need for harmonised legal standards in Europe on violence against women. The Assembly, in particular, did so in its Resolution 1582 (2007) and Recommendation 1817 (2007) on parliaments united in combating domestic violence against women and Resolution 1635 (2008) and Recommendation 1847 (2008) on combating violence against women: towards a Council of Europe Convention, for which I was rapporteur.
– In December 2008, the Ministers’ Deputies approved the terms of reference of the drafting body of the convention (the Ad Hoc Committee on Preventing and Combating Violence against Women and Domestic Violence, CAHVIO).7 – The CAHVIO held nine meetings, each lasting one week, to negotiate the text of the convention. As the Assembly's representative, I attended all of them, ensuring that the Assembly’s position was heard.
2. During this process, the European Court of Human Rights contributed to clarifying the notion of violence against women as a human rights violation with its milestone decision in the case of Opuz v. Turkey.8