Monday, April 24, 2017

Council of Europe Convention on preventing and combating violence against women and domestic violence. Preamble 1/a

The member States of the Council of Europe and the other signatories hereto,
Recalling  the  Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms (ETS No. 5, 1950) and its Protocols, the European Social Charter (ETS No. 35,  1961, revised in 1996, ETS No. 163), the Council of Europe Convention on Action against  Trafficking  in  Human  Beings  (CETS  No.  197,  2005)  and  the  Council  of  Europe  Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse  (CETS No. 201, 2007);
Recalling the following recommendations of the Committee of Ministers to member  States of the Council of Europe: Recommendation Rec(2002)5 on the protection of women  against violence, Recommendation CM/Rec(2007)17 on gender equality standards and  mechanisms,  Recommendation  CM/Rec(2010)10  on  the  role  of  women  and  men  in  conflict  prevention  and  resolution  and  in  peace  building,  and  other  relevant  recommendations;
Taking account of the growing body of case law of the European Court of Human Rights  which sets important standards in the field of violence against women;
Having regard to the International Covenant on Civil and Political Rights (1966), the  International  Covenant  on  Economic,  Social  and  Cultural  Rights  (1966),  the  United  Nations Convention on the Elimination of All Forms of Discrimination Against Women  (“CEDAW”, 1979) and its Optional Protocol (1999) as well as General Recommendation  No.  19  of  the  CEDAW  Committee  on  violence  against  women,  the  United  Nations  Convention on the Rights of the Child (1989) and its Optional Protocols (2000) and the  United Nations Convention on the Rights of Persons with Disabilities (2006);
Having regard to the Rome Statute of the International Criminal Court (2002);
Recalling  the  basic  principles  of  international  humanitarian  law,  and  especially  the  Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War  (1949) and the Additional Protocols I and II (1977) thereto;
Condemning all forms of violence against women and domestic violence;
Recognising that the realisation of de jure and de facto equality between women and men  is a key element in the prevention of violence against women;
Recognising  that  violence  against  women  is  a  manifestation  of  historically  unequal  power relations between women and men, which have led to domination over, and  discrimination against, women by men and to the prevention of the full advancement of  women;

  • Recognising the structural nature of violence against women as gender‐based violence,  and that violence against women is one of the crucial social mechanisms by which  women are forced into a subordinate position compared with men;
  • Recognising, with grave concern, that women and girls are often exposed to serious  forms of violence such as domestic violence, sexual harassment, rape, forced marriage,  crimes  committed  in  the  name  of  so‐called  “honour”  and  genital  mutilation,  which  constitute a serious violation of the human rights of women and girls and a major  obstacle to the achievement of equality between women and men;
  • Recognising the ongoing human rights violations during armed conflicts that affect the  civilian population, especially women in the form of widespread or systematic rape and  sexual violence and the potential for increased gender‐based violence both during and  after conflicts;
  • Recognising that women and girls are exposed to a higher risk of gender‐based violence  than men;
  • Recognising that domestic violence affects women disproportionately, and that men may  also be victims of domestic violence;
  • Recognising that children are victims of domestic violence, including as witnesses of  violence in the family;
  • Aspiring to create a Europe free from violence against women and domestic violence,

Have agreed as follows:

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