ACTUALIZING WOMEN’S LAND RIGHTS IN AFRICA 1/4

The Kilimanjaro Initiative is a rural women’s mobilisation from across Africa towards an iconic moment at the foot of Mt Kilimanjaro in October 2016. The Kilimanjaro Initiative was conceived when, we the Rural Women of Africa with support from civil society, met in Dar es Salaam in 2012. This initiative aims to create space for us to be able to participate in decision making processes about land and natural resources.

With 2016 declared by the 26th African Union Summit as “Africa Year of Human Rights with particular focus on the Rights of Women”, coupled with the transition from MDGs into SDGs, our quest for actualization of our right to land and natural resources towards a food and nutritional secure continent could have never been timelier.

Also noting that in October 2015, the AU Special Technical Committee on agriculture, water and environment recommended that Member States allocate at least 30% of land to women; improve land rights of women through legislative/other mechanisms, in order to give practical effect to the AU declaration on Land in which all African states committed to ensure equitable access to land for all land users and strengthen women’s land rights. The women have therefore proclaimed this Charter of principles and demands specifically on women’s access to use, control, own, inherit and dispose their land and natural resources.

http://www.landcoalition.org/en/regions/africa/news/one-giant-step-forward-womens-land-rights-african-union-officially-endorses-pan-african-womens

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Final clauses 18/r

Article 73 – Effects of this Convention

The provisions of this Convention shall not prejudice the provisions of internal law and binding international instruments which are already in force or may come into force, under which more favourable rights are or would be accorded to persons in preventing and combating violence against women and domestic violence.

Article 74 – Dispute settlement

1The Parties to any dispute which may arise concerning the application or interpretation of the provisions of this Convention shall first seek to resolve it by means of negotiation, conciliation, arbitration or by any other methods of peaceful settlement accepted by mutual agreement between them.

2The Committee of Ministers of the Council of Europe may establish procedures of settlement to be available for use by the Parties in dispute if they should so agree.

Article 75 – Signature and entry into force

1This Convention shall be open for signature by the member States of the Council of Europe, the non-member States which have participated in its elaboration and the European Union.

2This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

3This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which 10 signatories, including at least eight member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 2.

4In respect of any State referred to in paragraph 1 or the European Union, which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval.

Article 76 – Accession to the Convention

1After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties to this Convention and obtaining their unanimous consent, invite any non-member State of the Council of Europe, which has not participated in the elaboration of the Convention, to accede to this Convention by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe, and by unanimous vote of the representatives of the Parties entitled to sit on the Committee of Ministers.

2In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 77 – Territorial application

1Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.

2Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

3Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

Article 78 – Reservations

1No reservation may be made in respect of any provision of this Convention, with the exceptions provided for in paragraphs 2 and 3.

2Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the provisions laid down in:

–Article 30, paragraph 2;

–Article 44, paragraphs 1.e, 3 and 4;

–Article 55, paragraph 1 in respect of Article 35 regarding minor offences;

–Article 58 in respect of Articles 37, 38 and 39;

–Article 59.

3Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right to provide for non-criminal sanctions, instead of criminal sanctions, for the behaviours referred to in Articles 33 and 34.

4Any Party may wholly or partly withdraw a reservation by means of a declaration addressed to the Secretary General of the Council of Europe. This declaration shall become effective as from its date of receipt by the Secretary General.

Article 79 – Validity and review of reservations

1Reservations referred to in Article 78, paragraphs 2 and 3, shall be valid for a period of five years from the day of the entry into force of this Convention in respect of the Party concerned. However, such reservations may be renewed for periods of the same duration.

2Eighteen months before the date of expiry of the reservation, the Secretariat General of the Council of Europe shall give notice of that expiry to the Party concerned. No later than three months before the expiry, the Party shall notify the Secretary General that it is upholding, amending or withdrawing its reservation. In the absence of a notification by the Party concerned, the Secretariat General shall inform that Party that its reservation is considered to have been extended automatically for a period of six months. Failure by the Party concerned to notify its intention to uphold or modify its reservation before the expiry of that period shall cause the reservation to lapse.

3If a Party makes a reservation in conformity with Article 78, paragraphs 2 and 3, it shall provide, before its renewal or upon request, an explanation to GREVIO, on the grounds justifying its continuance.

Article 80 – Denunciation

1Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

2Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Article 81 – Notification

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the non-member States which have participated in its elaboration, any signatory, any Party, the European Union, and any State invited to accede to this Convention of:

aany signature;

bthe deposit of any instrument of ratification, acceptance, approval or accession;

cany date of entry into force of this Convention in accordance with Articles 75 and 76;

dany amendment adopted in accordance with Article 72 and the date on which such an amendment enters into force;

eany reservation and withdrawal of reservation made in pursuance of Article 78;

fany denunciation made in pursuance of the provisions of Article 80;

gany other act, notification or communication relating to this Convention.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at Istanbul, this 11th day of May 2011, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, to the European Union and to any State invited to accede to this Convention.

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e

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Amendments to the Convention 17/q

Article 72 – Amendments
1Any proposal for an amendment to this Convention presented by a Party shall be communicated to the Secretary General of the Council of Europe and forwarded by her or him to the member States of the Council of Europe, any signatory, any Party, the European Union, any State invited to sign this Convention in accordance with the provisions of Article 75, and any State invited to accede to this Convention in accordance with the provisions of Article 76.
2The Committee of Ministers of the Council of Europe shall consider the proposed amendment and, after having consulted the Parties to this Convention that are not members of the Council of Europe, may adopt the amendment by the majority provided for in Article 20.d of the Statute of the Council of Europe.
3The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 2 shall be forwarded to the Parties for acceptance.
4Any amendment adopted in accordance with paragraph 2 shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General of their acceptance.

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Relationship with other international instruments 16/p

Article 71 – Relationship with other international instruments

1This Convention shall not affect obligations arising from other international instruments to which Parties to this Convention are Parties or shall become Parties and which contain provisions on matters governed by this Convention.

2The Parties to this Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e

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Elizabeth Cady Stanton refused to have the word “obey” in her marriage vows

Elizabeth Cady Stanton, super smart, greatly gifted and tremendously talented, was raised with privilege, education, and the knowledge that she would NEVER be treated equally because of her gender.  Her father was a judge, a congressman, an Associate Justice to the Supreme Court –  and – a sexist.  One of five girls born into a wealthy connected New York family, her mother Margaret suffered through eleven pregnancies and bore five sons, four of whom died in childhood.  

Elizabeth began to understand the subordinate role of girls and women when her twenty-year-old brother Eleazer died suddenly at the age of twenty.  The apple of her father’s eye, he was the only surviving son and only one to legally inherit the family fortune (women could not own property and anything they had legally went to their husbands).   Her grief – stricken father told her “I wish you were a boy” to which she replied, “I will try to be all that my brother was”.  And try she did, to get her father to say, “Well, a girl is as good as a boy”. Instead, he said, “Ah, you should have been a boy”. Surrounded by law, she learned early on its power.  One story has young, determined, naïve Elizabeth planning to take a scissor and cut the unfair laws out of her father’s law books after witnessing a procession of “weeping women” coming to her home desperate and destitute begging Judge Cady for help, but being unprotected by the laws. Her father explained the legal process involved in changing laws, and the seed was planted that grew into the first Women’s Rights Convention in 1848 in Seneca Falls. She refused to have the word “obey” in her marriage vows, and just added her husband’s name to hers setting that trend.  She spent her life being discriminated against for being a woman and fought – many times alone – first for abolition and then tirelessly for the right to vote for  “all citizens” – not just male citizens – introducing the concept of gender bias to the legal world and splitting the women’s movement into two factions; one who were willing to wait their turn to vote and one who were not.  She would not. 

She never stopped fighting for property rights, divorce reform, equal education, fair pay, labor laws, daycare, legal identity and a professional life.  Her partner in all of this was Susan B. Anthony, who would come over and take on some of the domestic drudgery so Elizabeth could write the fabulous speeches that Anthony would give. The two of ‘em really shook things up, trailblazing though the eighteen hundreds.  “Marriage”, said Elizabeth, was the “transfer of power from one master to another”.  She had her seventh child at the age of forty-three and at the tender age of eighty-three, her groundbreaking and controversial book “The Woman’s Bible” was published, accusing religion of keeping woman down and describing the Bible as an historical rather than sacred document.  After her brother’s death she thought, “the chief thing to be done in order to equal boys was to be learned and courageous”.   Was she ever…..  an ultimate role model and the architect of the Women’s Movement

http://sheshistory.com/site/fabulous-female-fact-elizabeth-cady-stanton/
https://nyupress.org/books/9780814783047/

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Monitoring mechanism 15/o

Article 66 –Group of experts on action against violence against women and domestic violence

1The Group of experts on action against violence against women and domestic violence (hereinafter referred to as “GREVIO”) shall monitor the implementation of this Convention by the Parties.

2GREVIO shall be composed of a minimum of 10 members and a maximum of 15 members, taking into account a gender and geographical balance, as well as multidisciplinary expertise. Its members shall be elected by the Committee of the Parties from among candidates nominated by the Parties for a term of office of four years, renewable once, and chosen from among nationals of the Parties.

3The initial election of 10 members shall be held within a period of one year following the entry into force of this Convention. The election of five additional members shall be held following the 25th ratification or accession.

4The election of the members of GREVIO shall be based on the following principles:

athey shall be chosen according to a transparent procedure from among persons of high moral character, known for their recognised competence in the fields of human rights, gender equality, violence against women and domestic violence, or assistance to and protection of victims, or having demonstrated professional experience in the areas covered by this Convention;

bno two members of GREVIO may be nationals of the same State;

cthey should represent the main legal systems;

dthey should represent relevant actors and agencies in the field of violence against women and domestic violence;

ethey shall sit in their individual capacity and shall be independent and impartial in the exercise of their functions, and shall be available to carry out their duties in an effective manner.

5The election procedure of the members of GREVIO shall be determined by the Committee of Ministers of the Council of Europe, after consulting with and obtaining the unanimous consent of the Parties, within a period of six months following the entry into force of this Convention.

6GREVIO shall adopt its own rules of procedure.

7Members of GREVIO, and other members of delegations carrying out the country visits as set forth in Article 68, paragraphs 9 and 14, shall enjoy the privileges and immunities established in the appendix to this Convention.

Article 67 – Committee of the Parties

1The Committee of the Parties shall be composed of the representatives of the Parties to the Convention.

2The Committee of the Parties shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention in order to elect the members of GREVIO. It shall subsequently meet whenever one third of the Parties, the President of the Committee of the Parties or the Secretary General so requests.

3The Committee of the Parties shall adopt its own rules of procedure.

Article 68 – Procedure
1Parties shall submit to the Secretary General of the Council of Europe, based on a questionnaire prepared by GREVIO, a report on legislative and other measures giving effect to the provisions of this Convention, for consideration by GREVIO.
2GREVIO shall consider the report submitted in accordance with paragraph 1 with the representatives of the Party concerned.
3Subsequent evaluation procedures shall be divided into rounds, the length of which is determined by GREVIO. At the beginning of each round GREVIO shall select the specific provisions on which the evaluation procedure shall be based and send out a questionnaire.
4GREVIO shall define the appropriate means to carry out this monitoring procedure. It may in particular adopt a questionnaire for each evaluation round, which shall serve as a basis for the evaluation procedure of the implementation by the Parties. This questionnaire shall be addressed to all Parties. Parties shall respond to this questionnaire, as well as to any other request of information from GREVIO.
5GREVIO may receive information on the implementation of the Convention from non-governmental organisations and civil society, as well as from national institutions for the protection of human rights.
6GREVIO shall take due consideration of the existing information available from other regional and international instruments and bodies in areas falling within the scope of this Convention.
7When adopting a questionnaire for each evaluation round, GREVIO shall take due consideration of the existing data collection and research in the Parties as referred to in Article 11 of this Convention.
8GREVIO may receive information on the implementation of the Convention from the Council of Europe Commissioner for Human Rights, the Parliamentary Assembly and relevant specialised bodies of the Council of Europe, as well as those established under other international instruments. Complaints presented to these bodies and their outcome will be made available to GREVIO.
9GREVIO may subsidiarily organise, in co-operation with the national authorities and with the assistance of independent national experts, country visits, if the information gained is insufficient or in cases provided for in paragraph 14. During these visits, GREVIO may be assisted by specialists in specific fields.
10GREVIO shall prepare a draft report containing its analysis concerning the implementation of the provisions on which the evaluation is based, as well as its suggestions and proposals concerning the way in which the Party concerned may deal with the problems which have been identified. The draft report shall be transmitted for comments to the Party which undergoes the evaluation. Its comments shall be taken into account by GREVIO when adopting its report.
11On the basis of all the information received and the comments by the Parties, GREVIO shall adopt its report and conclusions concerning the measures taken by the Party concerned to implement the provisions of this Convention. This report and the conclusions shall be sent to the Party concerned and to the Committee of the Parties. The report and conclusions of GREVIO shall be made public as from their adoption, together with eventual comments by the Party concerned.
12Without prejudice to the procedure of paragraphs 1 to 8, the Committee of the Parties may adopt, on the basis of the report and conclusions of GREVIO, recommendations addressed to this Party (a) concerning the measures to be taken to implement the conclusions of GREVIO, if necessary setting a date for submitting information on their implementation, and (b) aiming at promoting co-operation with that Party for the proper implementation of this Convention.
13If GREVIO receives reliable information indicating a situation where problems require immediate attention to prevent or limit the scale or number of serious violations of the Convention, it may request the urgent submission of a special report concerning measures taken to prevent a serious, massive or persistent pattern of violence against women.
14Taking into account the information submitted by the Party concerned, as well as any other reliable information available to it, GREVIO may designate one or more of its members to conduct an inquiry and to report urgently to GREVIO. Where warranted and with the consent of the Party, the inquiry may include a visit to its territory.
15After examining the findings of the inquiry referred to in paragraph 14, GREVIO shall transmit these findings to the Party concerned and, where appropriate, to the Committee of the Parties and the Committee of Ministers of the Council of Europe together with any comments and recommendations.
Article 69 – General recommendations
GREVIO may adopt, where appropriate, general recommendations on the implementation of this Convention.
Article 70 – Parliamentary involvement in monitoring
1National parliaments shall be invited to participate in the monitoring of the measures taken for the implementation of this Convention.
2Parties shall submit the reports of GREVIO to their national parliaments.

3The Parliamentary Assembly of the Council of Europe shall be invited to regularly take stock of the implementation of this Convention.

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e

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International co-operation 14/n

Article 62 – General principles

1Parties shall co-operate with each other, in accordance with the provisions of this Convention, and through the application of relevant international and regional instruments on co-operation in civil and criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation and internal laws, to the widest extent possible, for the purpose of:

apreventing, combating and prosecuting all forms of violence covered by the scope of this Convention;

bprotecting and providing assistance to victims;

cinvestigations or proceedings concerning the offences established in accordance with this Convention;

denforcing relevant civil and criminal judgments issued by the judicial authorities of Parties, including protection orders.

2Parties shall take the necessary legislative or other measures to ensure that victims of an offence established in accordance with this Convention and committed in the territory of a Party other than the one where they reside may make a complaint before the competent authorities of their State of residence.

3If a Party that makes mutual legal assistance in criminal matters, extradition or enforcement of civil or criminal judgments imposed by another Party to this Convention conditional on the existence of a treaty receives a request for such legal co-operation from a Party with which it has not concluded such a treaty, it may consider this Convention to be the legal basis for mutual legal assistance in criminal matters, extradition or enforcement of civil or criminal judgments imposed by the other Party in respect of the offences established in accordance with this Convention.

4Parties shall endeavour to integrate, where appropriate, the prevention and the fight against violence against women and domestic violence in assistance programmes for development provided for the benefit of third States, including by entering into bilateral and multilateral agreements with third States with a view to facilitating the protection of victims in accordance with Article 18, paragraph 5.

Article 63 – Measures relating to persons at risk

When a Party, on the basis of the information at its disposal, has reasonable grounds to believe that a person is at immediate risk of being subjected to any of the acts of violence referred to in Articles 36, 37, 38 and 39 of this Convention on the territory of another Party, the Party that has the information is encouraged to transmit it without delay to the latter for the purpose of ensuring that appropriate protection measures are taken. Where applicable, this information shall include details on existing protection provisions for the benefit of the person at risk.

Article 64 – Information

1The requested Party shall promptly inform the requesting Party of the final result of the action taken under this chapter. The requested Party shall also promptly inform the requesting Party of any circumstances which render impossible the carrying out of the action sought or are likely to delay it significantly.

2A Party may, within the limits of its internal law, without prior request, forward to another Party information obtained within the framework of its own investigations when it considers that the disclosure of such information might assist the receiving Party in preventing criminal offences established in accordance with this Convention or in initiating or carrying out investigations or proceedings concerning such criminal offences or that it might lead to a request for co-operation by that Party under this chapter.

3A Party receiving any information in accordance with paragraph 2 shall submit such information to its competent authorities in order that proceedings may be taken if they are considered appropriate, or that this information may be taken into account in relevant civil and criminal proceedings.

Article 65 – Data Protection

Personal data shall be stored and used pursuant to the obligations undertaken by the Parties under the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108).

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e

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Migration and asylum 13/m

Article 59 – Residence status

1Parties shall take the necessary legislative or other measures to ensure that victims whose residence status depends on that of the spouse or partner as recognised by internal law, in the event of the dissolution of the marriage or the relationship, are granted in the event of particularly difficult circumstances, upon application, an autonomous residence permit irrespective of the duration of the marriage or the relationship. The conditions relating to the granting and duration of the autonomous residence permit are established by internal law.

2Parties shall take the necessary legislative or other measures to ensure that victims may obtain the suspension of expulsion proceedings initiated in relation to a residence status dependent on that of the spouse or partner as recognised by internal law to enable them to apply for an autonomous residence permit.

3Parties shall issue a renewable residence permit to victims in one of the two following situations, or in both:

awhere the competent authority considers that their stay is necessary owing to their personal situation;

bwhere the competent authority considers that their stay is necessary for the purpose of their co-operation with the competent authorities in investigation or criminal proceedings.

4Parties shall take the necessary legislative or other measures to ensure that victims of forced marriage brought into another country for the purpose of the marriage and who, as a result, have lost their residence status in the country where they habitually reside, may regain this status.

Article 60 – Gender-based asylum claims

1Parties shall take the necessary legislative or other measures to ensure that gender-based violence against women may be recognised as a form of persecution within the meaning of Article 1, A (2), of the 1951 Convention relating to the Status of Refugees and as a form of serious harm giving rise to complementary/subsidiary protection.

2Parties shall ensure that a gender-sensitive interpretation is given to each of the Convention grounds and that where it is established that the persecution feared is for one or more of these grounds, applicants shall be granted refugee status according to the applicable relevant instruments.

3Parties shall take the necessary legislative or other measures to develop gender-sensitive reception procedures and support services for asylum-seekers as well as gender guidelines and gender-sensitive asylum procedures, including refugee status determination and application for international protection.

Article 61 – Non-refoulement

1Parties shall take the necessary legislative or other measures to respect the principle of non-refoulement in accordance with existing obligations under international law.

2Parties shall take the necessary legislative or other measures to ensure that victims of violence against women who are in need of protection, regardless of their status or residence, shall not be returned under any circumstances to any country where their life would be at risk or where they might be subjected to torture or inhuman or degrading treatment or punishment.

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e

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IACHR Condemns Killings of Women and Urges States to Intensify Prevention Efforts

Washington, D.C. — The Inter-American Commission on Human Rights (IACHR) reiterates its call for States to adopt urgent gender-based measures to prevent, investigate, and punish all killings against women. The IACHR expresses its deep concern over information it continues to receive about alarming murders and acts of physical, psychological, and sexual violence against women that continue to take place throughout the hemisphere.

The IACHR draws attention to some recent examples of the violent environment for women in the Americas. The Commission learned of the death in Argentina of Micaela García, who was found dead on April 7 in Gualeguay, showing signs of strangulation and sexual violence. Micaela worked as an activist and was part of a movement called Ni Una Menos [Not One Less]. In Brazil, Ismara Filier was killed on January 1, along with her 8-year-old son and 10 other people, at the hands of her ex-husband in Campinas, São Paulo. On January 2, Renata Rodríguez Aureliano was also killed by her former spouse in Minas Gerais, Brazil. In Colombia, Claudia Rodríguez was killed on April 10 by her ex-husband after she reported his threats and acts of harassment to the authorities; meanwhile, on April 11, Elcy Yamile Olaya Bolívar was killed by her partner in Comuna 15, in Medellín. In the United States, Karen Smith, a teacher, was killed by her husband at a school in San Bernardino, California, in an incident on April 10 that also left an 8-year-old boy dead and a 9-year-old boy wounded. In Mexico, the Comission learned of the murder of Lesby Berlin Osorio, 22 years old, on April 3. Her body was found next to a phone booth on the premises of the Universidad Nacional Autónoma de México (UNAM), strangled with the phone cable. A few weeks earlier, the charred body of 18-year-old Lizbeth Sánchez was found on April 9; she had been reported missing two days earlier. Also in Mexico, Martha Estela Sosa was shot to death by her husband on January 30. In Trinidad, Jamilia Derevenax was killed at a movie theater on February 5.

The IACHR emphasizes, as this institution has done many times before, that these killings are not an isolated problem and are symptomatic of a pattern that affects the whole of the Americas.

The IACHR notes that there are multiple structural factors contributing to the repeated killings of women. Machismo, patriarchy, and sexist stereotypes continue to place women at increased risk of extreme forms of violence. Moreover, the historical discrimination enmeshed in the social fabric throughout the Americas contribute to restricting their autonomy in areas such as sexual and reproductive health and the exercise of all their civil, political, economic, social and cultural rights. There is also a social tolerance of violence against women in all its dimensions —physical, psychological, sexual, and economic violence, among others—  and the great majority of these acts continue to go unpunished, without a timely and serious response from police and judicial authorities.

Commissioner Margarette May Macaulay, in her role as Rapporteur on the Rights of Women, said: “States in the Americas have employed an array of significant legislative and institutional efforts to prevent and respond to the killings of women. However, these efforts fall short. It is also necessary to address the discriminatory sociocultural patterns that lead to the consolidation of a violent and dangerous social environment for women. These patterns are evident within the family and in contexts such as education, health, employment, and prisons, among other spheres of public life in the countries in the region.”

The IACHR likewise expresses its concern over the intersectional nature of the risk experienced by women, given the confluence of a variety of identities and factors that exacerbate violations of their rights to life, to integrity, and to non-discrimination. Variables such as ethnicity, race, age, and sexual orientation or gender identity, as well as living with a disability or as a migrant, can increase a woman’s risk of being killed and victimized.

In this regard, the IACHR is alarmed by the continued killings of lesbian and trans women in the region. During this period in particular, the IACHR condemns the killing of Alphonza Watson, a 38-year-old trans woman in the United States, on March 22, and the killing of Susana Sanhueza, a 22-year-old lesbian woman in Chile, on March 7. The IACHR also rejects the killing of Sherlyn Montoya, a trans woman and defender of the human rights of trans persons in Honduras, who belonged to the organization Muñecas de Arcoris [Rainbow Dolls]; her body was found on April 4 with signs of torture and strangulation. The IACHR also condemns the physical attack that resulted in the death on April 12 of Hérica Izidório, 24, a trans woman in Brazil; she died after having been hospitalized and in a coma for two months. The Commission has also received troubling information concerning killings of individuals who defy traditional norms of dress and wear clothing that society identifies as “feminine.” Along these lines, the IACHR was informed about the killing of 45-year-old Hipólito Ramírez Calderón “Polo,” a sex worker in Mexico whose body was found with signs of gunshots at his place of work on March 19. The Inter-American Commission calls on the States to investigate these incidents within a reasonable time frame, opening proper lines of investigation that consider the possibility that these killings could have occurred due to motives related to the victims’ sexual orientation or gender identity, real or perceived. The Commission also calls on the States to adopt effective measures to ensure that these incidents do not go unpunished.

At the same time, the IACHR deeply laments the murders of girls and adolescents that have come to its attention during this period, deaths that have been accompanied by acts of terrible cruelty and sexual violence. The IACHR deplores the killing of  Florencia Di Marco, 12, in San Luis, Argentina, at the hands of her stepfather and the killing of Ornella Dottori, 16, whose body was found in Tucumán, after she had been missing since April 12; and the killing and rape of Yuliana Samboní, who was 7 years old, in Bogotá, Colombia, on December 4, 2016. The condition of girls and female adolescents makes them more vulnerable to extreme forms of violence, sexual violence, and killings; according to the IACHR and the Inter-American Court of Human Rights, this means that States have a reinforced obligation of protection, to prevent, protect, investigate, punish, and repair the harm.

The IACHR also underscores States’ heightened duty to prevent and protect in relation to women with disabilities, older women, women in a context of mobility, women who are members of indigenous peoples and Afro-descendant communities, and women human rights defenders. Women and girls with disabilities run a high risk of suffering violence, exploitation and sexual abuse. In addition, they are at higher risk to find obstacles to the full enjoyment of their fundamental rights, such as access to justice, lack of appropriate health services and absence of accessibility measures, limited political participation or institutionalization without consent. The IACHR has also received information indicating that older women often encounter forms of abuse, abandonment, neglect, mistreatment and violence, and a significant number of obstacles to the exercise of all their human rights.

The Commission has documented how migrant women tend to be victims of various forms of gender-based violence, including sexual, physical, and psychological violence along the entire migration continuum (origin, transit, destination, and return). Women migrants are particularly at risk of fall victim of human trafficking for sexual exploitation, forced prostitution, labor exploitation, disappearances and femicides.

The IACHR has also received information this year indicating urgent situation of women, adolescents, and girls of African descent in the hemisphere. Women of African descent are among the most marginalized social groups in the region, their possibilities of accessing education, employment, and health are limited, and they face multiple obstacles to accessing the services they need in the area of sexual and reproductive health.

The IACHR also encourages States to pay special attention to the situation of women deprived of liberty. In the case of women the conditions of custody take on their own dimensions, resulting in specific, disproportionately serious violations of their rights because of their sex and gender status.

In several countries in the hemisphere, women human rights defenders are still exposed on an ongoing basis to killings and multiple violations of their human rights when they defy the stereotypical conceptions of gender attributed to their sex. The Commission reiterates that all women have the right to defend and promote human rights, and urges the States to address the contexts that heighten female defenders’ risk of being killed, harassed, or criminalized.

The IACHR today urges States to adopt immediate and urgent measures to prevent, investigate, prosecute, punish, and remedy all killings and acts of violence against women. This includes adopting comprehensive prevention measures that are drawn up with the participation of the women beneficiaries and that include an important component geared toward eliminating all stereotypes and patterns of discrimination against women, as established in Article 6 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women, “Convention of Belém do Pará.”

The prevention measures should be based on gender and should take into account all risk factors and the pattern of historical discrimination and subordination that continues to negatively affect women, and should aim to ensure not only women’s equality, but also their empowerment and autonomy. The participation of women in the design of legislation, policies, and services is essential for these to be effective.

The IACHR also reiterates the need for all killings of women to be investigated promptly and thoroughly so that these crimes do not remain unpunished; in addition, victims’ family members should be treated with dignity and respect during the justice process. Finally, the IACHR underscores the need for States to provide transformative reparations, to eliminate the patterns and structural causes that heighten discrimination and violence against women.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

http://mailchi.mp/dist/iachr-condemns-killings-of-women-and-urges-states-to-intensify-prevention-efforts?e=41a9b8d04b

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Investigation, prosecution, procedural law and protective measures 12/l

Article 49 – General obligations

1Parties shall take the necessary legislative or other measures to ensure that investigations and judicial proceedings in relation to all forms of violence covered by the scope of this Convention are carried out without undue delay while taking into consideration the rights of the victim during all stages of the criminal proceedings.

2Parties shall take the necessary legislative or other measures, in conformity with the fundamental principles of human rights and having regard to the gendered understanding of violence, to ensure the effective investigation and prosecution of offences established in accordance with this Convention.

Article 50 – Immediate response, prevention and protection

1Parties shall take the necessary legislative or other measures to ensure that the responsible law enforcement agencies respond to all forms of violence covered by the scope of this Convention promptly and appropriately by offering adequate and immediate protection to victims.

2Parties shall take the necessary legislative or other measures to ensure that the responsible law enforcement agencies engage promptly and appropriately in the prevention and protection against all forms of violence covered by the scope of this Convention, including the employment of preventive operational measures and the collection of evidence.

Article 51 – Risk assessment and risk management

1Parties shall take the necessary legislative or other measures to ensure that an assessment of the lethality risk, the seriousness of the situation and the risk of repeated violence is carried out by all relevant authorities in order to manage the risk and if necessary to provide co-ordinated safety and support.

2Parties shall take the necessary legislative or other measures to ensure that the assessment referred to in paragraph 1 duly takes into account, at all stages of the investigation and application of protective measures, the fact that perpetrators of acts of violence covered by the scope of this Convention possess or have access to firearms.

Article 52 – Emergency barring orders

Parties shall take the necessary legislative or other measures to ensure that the competent authorities are granted the power to order, in situations of immediate danger, a perpetrator of domestic violence to vacate the residence of the victim or person at risk for a sufficient period of time and to prohibit the perpetrator from entering the residence of or contacting the victim or person at risk. Measures taken pursuant to this article shall give priority to the safety of victims or persons at risk.

Article 53 – Restraining or protection orders

1Parties shall take the necessary legislative or other measures to ensure that appropriate restraining or protection orders are available to victims of all forms of violence covered by the scope of this Convention.

2Parties shall take the necessary legislative or other measures to ensure that the restraining or protection orders referred to in paragraph 1 are:

–available for immediate protection and without undue financial or administrative burdens placed on the victim;

–issued for a specified period or until modified or discharged;

–where necessary, issued on an ex parte basis which has immediate effect;

–available irrespective of, or in addition to, other legal proceedings;

–allowed to be introduced in subsequent legal proceedings.

3Parties shall take the necessary legislative or other measures to ensure that breaches of restraining or protection orders issued pursuant to paragraph 1 shall be subject to effective, proportionate and dissuasive criminal or other legal sanctions.

Article 54 – Investigations and evidence

Parties shall take the necessary legislative or other measures to ensure that, in any civil or criminal proceedings, evidence relating to the sexual history and conduct of the victim shall be permitted only when it is relevant and necessary.

Article 55 – Ex parte and ex officio proceedings

1Parties shall ensure that investigations into or prosecution of offences established in accordance with Articles 35, 36, 37, 38 and 39 of this Convention shall not be wholly dependant upon a report or complaint filed by a victim if the offence was committed in whole or in part on its territory, and that the proceedings may continue even if the victim withdraws her or his statement or complaint.

2Parties shall take the necessary legislative or other measures to ensure, in accordance with the conditions provided for by their internal law, the possibility for governmental and non-governmental organisations and domestic violence counsellors to assist and/or support victims, at their request, during investigations and judicial proceedings concerning the offences established in accordance with this Convention.

Article 56 – Measures of protection

1Parties shall take the necessary legislative or other measures to protect the rights and interests of victims, including their special needs as witnesses, at all stages of investigations and judicial proceedings, in particular by:

aproviding for their protection, as well as that of their families and witnesses, from intimidation, retaliation and repeat victimisation;

bensuring that victims are informed, at least in cases where the victims and the family might be in danger, when the perpetrator escapes or is released temporarily or definitively;

cinforming them, under the conditions provided for by internal law, of their rights and the services at their disposal and the follow-up given to their complaint, the charges, the general progress of the investigation or proceedings, and their role therein, as well as the outcome of their case;

denabling victims, in a manner consistent with the procedural rules of internal law, to be heard, to supply evidence and have their views, needs and concerns presented, directly or through an intermediary, and considered;

eproviding victims with appropriate support services so that their rights and interests are duly presented and taken into account;

fensuring that measures may be adopted to protect the privacy and the image of the victim;
gensuring that contact between victims and perpetrators within court and law enforcement agency premises is avoided where possible;

hproviding victims with independent and competent interpreters when victims are parties to proceedings or when they are supplying evidence;

ienabling victims to testify, according to the rules provided by their internal law, in the courtroom without being present or at least without the presence of the alleged perpetrator, notably through the use of appropriate communication technologies, where available.

2A child victim and child witness of violence against women and domestic violence shall be afforded, where appropriate, special protection measures taking into account the best interests of the child.

Article 57 – Legal aid

Parties shall provide for the right to legal assistance and to free legal aid for victims under the conditions provided by their internal law.

Article 58 – Statute of limitation

Parties shall take the necessary legislative and other measures to ensure that the statute of limitation for initiating any legal proceedings with regard to the offences established in accordance with Articles 36, 37, 38 and 39 of this Convention, shall continue for a period of time that is sufficient and commensurate with the gravity of the offence in question, to allow for the efficient initiation of proceedings after the victim has reached the age of majority.

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e

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Substantive law 11/k

Article 29 – Civil lawsuits and remedies

1Parties shall take the necessary legislative or other measures to provide victims with adequate civil remedies against the perpetrator.

2Parties shall take the necessary legislative or other measures to provide victims, in accordance with the general principles of international law, with adequate civil remedies against State authorities that have failed in their duty to take the necessary preventive or protective measures within the scope of their powers.

Article 30 – Compensation

1Parties shall take the necessary legislative or other measures to ensure that victims have the right to claim compensation from perpetrators for any of the offences established in accordance with this Convention.

2Adequate State compensation shall be awarded to those who have sustained serious bodily injury or impairment of health, to the extent that the damage is not covered by other sources such as the perpetrator, insurance or State-funded health and social provisions. This does not preclude Parties from claiming regress for compensation awarded from the perpetrator, as long as due regard is paid to the victim’s safety.

3Measures taken pursuant to paragraph 2 shall ensure the granting of compensation within a reasonable time.

Article 31 – Custody, visitation rights and safety

1Parties shall take the necessary legislative or other measures to ensure that, in the determination of custody and visitation rights of children, incidents of violence covered by the scope of this Convention are taken into account.

2Parties shall take the necessary legislative or other measures to ensure that the exercise of any visitation or custody rights does not jeopardise the rights and safety of the victim or children.

Article 32 – Civil consequences of forced marriages

Parties shall take the necessary legislative or other measures to ensure that marriages concluded under force may be voidable, annulled or dissolved without undue financial or administrative burden placed on the victim.

Article 33 – Psychological violence

Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of seriously impairing a person’s psychological integrity through coercion or threats is criminalised.

Article 34 – Stalking

Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of repeatedly engaging in threatening conduct directed at another person, causing her or him to fear for her or his safety, is criminalised.

Article 35 – Physical violence

Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of committing acts of physical violence against another person is criminalised.

Article 36 – Sexual violence, including rape

1Parties shall take the necessary legislative or other measures to ensure that the following intentional conducts are criminalised:

aengaging in non-consensual vaginal, anal or oral penetration of a sexual nature of the body of another person with any bodily part or object;

bengaging in other non-consensual acts of a sexual nature with a person;

ccausing another person to engage in non-consensual acts of a sexual nature with a third person.

2Consent must be given voluntarily as the result of the person’s free will assessed in the context of the surrounding circumstances.

3Parties shall take the necessary legislative or other measures to ensure that the provisions of paragraph 1 also apply to acts committed against former or current spouses or partners as recognised by internal law.

Article 37 – Forced marriage

1Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of forcing an adult or a child to enter into a marriage is criminalised.

2Parties shall take the necessary legislative or other measures to ensure that the intentional conduct of luring an adult or a child to the territory of a Party or State other than the one she or he resides in with the purpose of forcing this adult or child to enter into a marriage is criminalised.

Article 38 – Female genital mutilation

Parties shall take the necessary legislative or other measures to ensure that the following intentional conducts are criminalised:

aexcising, infibulating or performing any other mutilation to the whole or any part of a woman’s labia majora, labia minora or clitoris;

bcoercing or procuring a woman to undergo any of the acts listed in point a;

cinciting, coercing or procuring a girl to undergo any of the acts listed in point a.

Article 39 – Forced abortion and forced sterilisation

Parties shall take the necessary legislative or other measures to ensure that the following intentional conducts are criminalised:

aperforming an abortion on a woman without her prior and informed consent;

bperforming surgery which has the purpose or effect of terminating a woman’s capacity to naturally reproduce without her prior and informed consent or understanding of the procedure.

Article 40 – Sexual harassment

Parties shall take the necessary legislative or other measures to ensure that any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment, is subject to criminal or other legal sanction.

Article 41 – Aiding or abetting and attempt

1Parties shall take the necessary legislative or other measures to establish as an offence, when committed intentionally, aiding or abetting the commission of the offences established in accordance with Articles 33, 34, 35, 36, 37, 38.a and 39 of this Convention.

2Parties shall take the necessary legislative or other measures to establish as offences, when committed intentionally, attempts to commit the offences established in accordance with Articles 35, 36, 37, 38.a and 39 of this Convention.

Article 42 –Unacceptable justifications for crimes, including crimes committed in the name of so-called “honour”

1Parties shall take the necessary legislative or other measures to ensure that, in criminal proceedings initiated following the commission of any of the acts of violence covered by the scope of this Convention, culture, custom, religion, tradition or so-called “honour” shall not be regarded as justification for such acts. This covers, in particular, claims that the victim has transgressed cultural, religious, social or traditional norms or customs of appropriate behaviour.

2Parties shall take the necessary legislative or other measures to ensure that incitement by any person of a child to commit any of the acts referred to in paragraph 1 shall not diminish the criminal liability of that person for the acts committed.

Article 43 – Application of criminal offences

The offences established in accordance with this Convention shall apply irrespective of the nature of the relationship between victim and perpetrator.

Article 44 – Jurisdiction

1Parties shall take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed:

ain their territory; or

bon board a ship flying their flag; or

con board an aircraft registered under their laws; or

dby one of their nationals; or

eby a person who has her or his habitual residence in their territory.

2Parties shall endeavour to take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention where the offence is committed against one of their nationals or a person who has her or his habitual residence in their territory.

3For the prosecution of the offences established in accordance with Articles 36, 37, 38 and 39 of this Convention, Parties shall take the necessary legislative or other measures to ensure that their jurisdiction is not subordinated to the condition that the acts are criminalised in the territory where they were committed.

4For the prosecution of the offences established in accordance with Articles 36, 37, 38 and 39 of this Convention, Parties shall take the necessary legislative or other measures to ensure that their jurisdiction as regards points d and e of paragraph 1 is not subordinated to the condition that the prosecution can only be initiated following the reporting by the victim of the offence or the laying of information by the State of the place where the offence was committed.

5Parties shall take the necessary legislative or other measures to establish jurisdiction over the offences established in accordance with this Convention, in cases where an alleged perpetrator is present on their territory and they do not extradite her or him to another Party, solely on the basis of her or his nationality.

6When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, consult each other with a view to determining the most appropriate jurisdiction for prosecution.

7Without prejudice to the general rules of international law, this Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with its internal law.

Article 45 – Sanctions and measures

1Parties shall take the necessary legislative or other measures to ensure that the offences established in accordance with this Convention are punishable by effective, proportionate and dissuasive sanctions, taking into account their seriousness. These sanctions shall include, where appropriate, sentences involving the deprivation of liberty which can give rise to extradition.

2Parties may adopt other measures in relation to perpetrators, such as:

–monitoring or supervision of convicted persons;

–withdrawal of parental rights, if the best interests of the child, which may include the safety of the victim, cannot be guaranteed in any other way.

Article 46 – Aggravating circumstances

Parties shall take the necessary legislative or other measures to ensure that the following circumstances, insofar as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of internal law, be taken into consideration as aggravating circumstances in the determination of the sentence in relation to the offences established in accordance with this Convention:

athe offence was committed against a former or current spouse or partner as recognised by internal law, by a member of the family, a person cohabiting with the victim or a person having abused her or his authority;

bthe offence, or related offences, were committed repeatedly;

cthe offence was committed against a person made vulnerable by particular circumstances;

dthe offence was committed against or in the presence of a child;
ethe offence was committed by two or more people acting together;
fthe offence was preceded or accompanied by extreme levels of violence;
gthe offence was committed with the use or threat of a weapon;
hthe offence resulted in severe physical or psychological harm for the victim;
ithe perpetrator had previously been convicted of offences of a similar nature.
Article 47 – Sentences passed by another Party
Parties shall take the necessary legislative or other measures to provide for the possibility of taking into account final sentences passed by another Party in relation to the offences established in accordance with this Convention when determining the sentence.
Article 48 –Prohibition of mandatory alternative dispute resolution processes or sentencing
1Parties shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes, including mediation and conciliation, in relation to all forms of violence covered by the scope of this Convention.
2Parties shall take the necessary legislative or other measures to ensure that if the payment of a fine is ordered, due account shall be taken of the ability of the perpetrator to assume his or her financial obligations towards the victim.

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Protection and support 10/j

Article 18 – General obligations

1Parties shall take the necessary legislative or other measures to protect all victims from any further acts of violence.

2Parties shall take the necessary legislative or other measures, in accordance with internal law, to ensure that there are appropriate mechanisms to provide for effective co-operation between all relevant state agencies, including the judiciary, public prosecutors, law enforcement agencies, local and regional authorities as well as non-governmental organisations and other relevant organisations and entities, in protecting and supporting victims and witnesses of all forms of violence covered by the scope of this Convention, including by referring to general and specialist support services as detailed in Articles 20 and 22 of this Convention.

3Parties shall ensure that measures taken pursuant to this chapter shall:

–be based on a gendered understanding of violence against women and domestic violence and shall focus on the human rights and safety of the victim;

–be based on an integrated approach which takes into account the relationship between victims, perpetrators, children and their wider social environment;

–aim at avoiding secondary victimisation;

–aim at the empowerment and economic independence of women victims of violence;

–allow, where appropriate, for a range of protection and support services to be located on the same premises;

–address the specific needs of vulnerable persons, including child victims, and be made available to them.

4The provision of services shall not depend on the victim’s willingness to press charges or testify against any perpetrator.

5Parties shall take the appropriate measures to provide consular and other protection and support to their nationals and other victims entitled to such protection in accordance with their obligations under international law.

Article 19 – Information

Parties shall take the necessary legislative or other measures to ensure that victims receive adequate and timely information on available support services and legal measures in a language they understand.

Article 20 – General support services

1Parties shall take the necessary legislative or other measures to ensure that victims have access to services facilitating their recovery from violence. These measures should include, when necessary, services such as legal and psychological counselling, financial assistance, housing, education, training and assistance in finding employment.

2Parties shall take the necessary legislative or other measures to ensure that victims have access to health care and social services and that services are adequately resourced and professionals are trained to assist victims and refer them to the appropriate services.

Article 21 – Assistance in individual/collective complaints

Parties shall ensure that victims have information on and access to applicable regional and international individual/collective complaints mechanisms. Parties shall promote the provision of sensitive and knowledgeable assistance to victims in presenting any such complaints.

Article 22 – Specialist support services

1Parties shall take the necessary legislative or other measures to provide or arrange for, in an adequate geographical distribution, immediate, short- and long-term specialist support services to any victim subjected to any of the acts of violence covered by the scope of this Convention.

2Parties shall provide or arrange for specialist women’s support services to all women victims of violence and their children.

Article 23 – Shelters

Parties shall take the necessary legislative or other measures to provide for the setting-up of appropriate, easily accessible shelters in sufficient numbers to provide safe accommodation for and to reach out pro-actively to victims, especially women and their children.

Article 24 – Telephone helplines

Parties shall take the necessary legislative or other measures to set up state-wide round-the-clock (24/7) telephone helplines free of charge to provide advice to callers, confidentially or with due regard for their anonymity, in relation to all forms of violence covered by the scope of this Convention.

Article 25 – Support for victims of sexual violence

Parties shall take the necessary legislative or other measures to provide for the setting up of appropriate, easily accessible rape crisis or sexual violence referral centres for victims in sufficient numbers to provide for medical and forensic examination, trauma support and counselling for victims.

Article 26 – Protection and support for child witnesses

1Parties shall take the necessary legislative or other measures to ensure that in the provision of protection and support services to victims, due account is taken of the rights and needs of child witnesses of all forms of violence covered by the scope of this Convention.

2Measures taken pursuant to this article shall include age-appropriate psychosocial counselling for child witnesses of all forms of violence covered by the scope of this Convention and shall give due regard to the best interests of the child.

Article 27 – Reporting

Parties shall take the necessary measures to encourage any person witness to the commission of acts of violence covered by the scope of this Convention or who has reasonable grounds to believe that such an act may be committed, or that further acts of violence are to be expected, to report this to the competent organisations or authorities.

Article 28 – Reporting by professionals

Parties shall take the necessary measures to ensure that the confidentiality rules imposed by internal law on certain professionals do not constitute an obstacle to the possibility, under appropriate conditions, of their reporting to the competent organisations or authorities if they have reasonable grounds to believe that a serious act of violence covered by the scope of this Convention, has been committed and further serious acts of violence are to be expected.

https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482e

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