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Legal developments in the field of violence against women in Western Europe

Legal developments in the field of violence against women in Western Europe . Renée Römkens UNODC-UNDAW Expert Group Meeting Vienna, May 26-29,2008 . European supra-national legal developments . European Union (EU) - 27 Member States

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Legal developments in the field of violence against women in Western Europe

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  1. Legal developments in the field of violence against women in Western Europe Renée Römkens UNODC-UNDAW Expert Group Meeting Vienna, May 26-29,2008.

  2. European supra-national legal developments European Union (EU) - 27 Member States • Instruments specifically dedicated to violence against women • No binding dedicated legal instruments • Policy instruments (Declarations) • Daphne Programme (on violence against women, young people and children) of the European Commission • General human rights instruments (Eur Convention for the protection of human rights and fundamental freedoms; European Court of Human rights jurisprudence). • Relevant general victim rights instruments: EU Framework Decision on the standing of victims in criminal proceedings (March 2001)

  3. European supra-national legal developments - continued • Council of Europe (CoE) – 44 (plus) Member States • No binding legal instruments • Policy instruments: Recommendation (2002)5 • Council of Europe Task Force to combat violence against women, including domestic violence • Several regional seminars (2006-2007) -> legal and policy recommendations • Research • European Convention in the making?

  4. Current trends in national legislation in Europe • Scattered and substantial differences among Member States • Few comprehensive legal strategies or action plans that encompass prevention, protection and punishment. Focus is on criminalization. • Thematically: • focus on domestic violence. • marital rape exemption is lifted in only 12 MS • legal strategies focusing on prevention - like the use of barring or no-go order - are only slowly introduced • Increasing attention for violence against women that is related to migration (forces marriages, ‘honour’ related violence). • Conclusion: much work to be done • Future: • Impact in European countries of the use of the UN Convention to End Discrimination Against Women Optional Protocol - Views/Communications of the Committee on the Elimination of Discrimination Against Women

  5. Law on the books – law in action • Law and the implementation of law • Need for monitoring instruments • Need for evaluation research • Need for strong and independent feminist organizations/ political lobby

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