The ISTANBUL CONVENTION A tool to end female genital mutilation

1. The ISTANBUL CONVENTION A tool to end female genital mutilation Raluca Popa, Gender Equality Unit Presentation at END FGM European Network General Assembly 12 June 2015

2. Outline • Istanbul Convention – A Tool to End Female Genital Mutilation; A Guide developed by Amnesty International/ End FGM Network and the Council of Europe • Group exercises • Plenary discussion about civil society involvement in monitoring the implementation of the Istanbul Convention

3. Violence against women • both a human rights violation and a major obstacle to gender equality • the most serious expression of the uneven balance of power between women and men • one of the most widespread human rights violation in Europe and beyond, with devastating consequences for women, societies and economies • Convention to prevent and combat VaW/DV (Istanbul Convention): in force 01.08.2014

4. DEVELOPMENTS IN INTERNATIONAL LAW • from considering violence against women as a private matter to treating it as a public concern • from a “women’s issue” or purely criminal law issue to a violation of human rights • recognition of its structural nature and linkages with gender inequality

5. ISTANBUL CONVENTION • Codified established standards, jurisprudence and developments at international level – now, legally binding • Based on best practice that emerged from the national level – Istanbul Convention reflects state of the art knowledge and evidence of what works to reduce violence against women, at the European and global levels

6. ADDED VALUE OF THE ISTANBUL CONVENTION • demands that states exercise ‘due diligence’ in their efforts to prevent, protect, investigate and sanction cases • recognises violence against women as a violation of human rights and a form of discrimination • contains the first-ever definition of gender; asks for a gender perspective to be taken when implementing the Convention and when evaluating any measures taken (Art 6)

7. ADDED VALUE OF THE ISTANBUL CONVENTION • Criminalises the following forms of VAW: • Domestic violence: physical, sexual and psychological • Sexual assault and rape • Stalking • Sexual harassment • Forced marriage • Female genital mutilation • Forced abortion and forced sterilisation • Tackles crimes in the name of so-called “honour”

8. Article 38 – Female genital mutilation a   excising, infibulating or performing any other mutilation to the whole or any part of a woman’s labia majora, labia minora or clitoris; b   coercing or procuring a woman to undergo any of the acts listed in point a; c   inciting, coercing or procuring a girl to undergo any of the acts listed in point a.

9. Female genital mutilation in Europe

10. How the Istanbul Convention can help Improvements in the area of refugee determination procedures for asylum seekers: • Gender-based violence against women recognised as a valid ground for claiming asylum; • Gender-sensitive interpretation of each of the 1951 Refugee Convention grounds (Article 60) • Gender-sensitive reception conditions and support services for asylum seekers • Gender-sensitive procedures for asylum seekers

11. MAIN PILLARS OF THE ISTANBUL CONVENTION PROTECTION PREVENTION IstanbulConvention PROSECUTION MONITORING INTEGRATED POLICIES

12. PREVENTION OF FGM • Address gender stereotypes • Address the specific needs of women and girls in positions of vulnerability • Involve all members of society, especially men and boys • Ensure that culture, custom, religion or so-called “honour” shall not be invoked to justify any act of violence • Seek empowerment of women and girls

13. PREVENTION OF FGM • Undertake awareness-raising and information campaigns • Use formal and informal education • Provide training for professionals who come into contact with victims • Address the role of the media and the information and communication technology sector

14. PROTECTION AND SUPPORT FOR WOMEN AND GIRLS AFFECTED BY FGM OR AT RISK • Right to international protection • General support services • Specialist support services • Adequate and timely information • Shelters to provide safe accommodation and proactively reach out to victims • Telephone helplines • Encourage reporting

15. INVESTIGATION AND PROSECUTION • Law enforcement agencies engage promptly and appropriately in the prevention and protection of a woman or girl at risk • Assessment of the lethality risk, the seriousness of the situation and the risk of repeated violence (Need for protocols for law enforcement authorities) • No undue delay in carrying out investigations and judicial proceedings • Restraining and protection orders

16. INVESTIGATION AND PROSECUTION • Criminalise FGM, as well as the incitement, coercion or procurement to undergo FGM • Effective, proportionate and dissuasive sanctions • No legal defense based on the invocation of cultural or religious reasons to justify the commission of FGM • Extraterritorial jurisdiction

17. INTEGRATED POLICIES • Establish a framework for comprehensive and co-ordinated policies • Provide appropriate financial and human resources • A cross-boarder approach • Work in partnership with NGOs and civil society • Set-up a co-ordinating body • Robust data collection and research

18. ISTANBUL CONVENTION INSPIRING CHANGE • Number of CoE member states that have some sort of a policy on FGM up from 10 (2010) to 17 (2014) • In a total of 19 member states FGM is criminalised by way of a specific offence Source: Monitoring of Rec(2002)5 • In 2013, France reformed its legislation to criminalise the incitement to FGM also, in line with the Istanbul Convention

19. Any questions??

20. Monitoring the implementation of the Istanbul Convention • Two pillars • An independent group of experts • Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) • A political body made up of representatives of all states parties to the Convention • Committee of the Parties

21. Civil society involvement in monitoring the Istanbul Convention Important role at several levels: • Around elections, advocating among States Parties to the Convention for the nomination of strong candidates to the GREVIO; • Active contributions to the monitoring process (through, for example, shadow reports to GREVIO; provision of information about large-scale or serious violations of the Convention); • Advocating for a meaningful application of the new mechanism to involve national parliaments in the evaluation and monitoring (Article 70).

22. www.coe.int/violence • www.coe.int/equality