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them to exercise due diligence to prevent, investigate, punish and provide reparation for acts of violence covered by the convention that are perpetrated by non-state actors;14 – because it asks states to promote changes in mentality in society, with a view to eradicating prejudices which are based on the inferiority of women or on stereotyped roles for women and men. Similarly, it asks states to take all the necessary measures to encourage all members of society, especially men and boys, to actively contribute to preventing all forms of violence covered by the scope of the convention.15 12. The political messages conveyed by the convention are all the more arguments to support it.
4. The strengths of the convention as a legal instrument 13. The Istanbul Convention is the result of intensive negotiations within the CAHVIO, which spanned over a period of two years and brought together, in addition to representatives of Council of Europe member states, other stakeholders such as the European Union, Council of Europe observer states, the Assembly, the Congress of Local and Regional Authorities, the Council of Europe Commissioner for Human Rights, UNIFEM/UN Women and a broad range of non-governmental organisations. 14. The convention is the result of a delicate compromise between diverging views, interests and concerns. At the same time, however, it is the best possible compromise which could have been reached, and reflects high and progressive standards. As the rapporteur responsible for the preparation of the Assembly’s Opinion on the draft convention,16 at the request of the Committee of Ministers, I have already listed the manifold reasons why the Istanbul Convention should be supported. Let me just recall briefly some of its major merits. 4.1. The extent of its material and personal scope 15. The convention covers all forms of violence against women, including forced marriages, psychological violence, stalking, physical violence, sexual violence including rape, female genital mutilation, forced abortion and forced sterilisation and sexual harassment. It also makes clear that so-called “honour” should not be considered as an excuse for violence against women.
16. It applies to women, without discrimination, but the parties are encouraged to apply it to all victims of domestic violence, be they men, children or the elderly. 4.2. A strong emphasis on victim protection 17. Provisions on the protection of victims are at the core of the convention, and are particularly extensive. They include obligations on the states parties to: – grant the police the power to remove a perpetrator of domestic violence from his or her home for a specified period of time; – ensure that victims are given access to clear and concise information on their rights as well as available assistance and protection services; – set up easily accessible shelters in sufficient numbers and equitably distributed across their territory; – make available telephone helplines, which cover the entire country and can be used by victims confidentially and free of charge; – set up easily accessible rape crisis or sexual violence referral centres.
18. Article 30 of the convention also sets an obligation on the states parties to ensure that victims have the right to claim compensation from perpetrators for the offences established by the convention. In addition, state compensation is foreseen under specific circumstances, even if the states parties are allowed to make reservations to this particular provision.17 4.3. High standards in the area of prosecution 19. One of the main achievements of the convention is that it defines and criminalises violence against women and domestic violence. States parties are asked to introduce offences in their national legislation to criminalise the forms of violence covered by the convention, when it is not already the case. 20. Despite this strong requirement, a certain margin of flexibility is possible. Indeed, the states parties may declare that they reserve the right to provide for non-criminal sanctions, instead of criminal sanctions, in relation to psychological violence and stalking.18 Such a reservation is possible for a renewable period of five years.19 21. In any case, it is explicitly prohibited that culture, tradition or so-called “honour” be used as a justification for violence against women or as a mitigating factor in the context of judicial proceedings. In any