Minister Flanagan announces entering into force of Istanbul Convention
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Last updated on
The Minister for Justice and Equality, Charlie Flanagan TD, has today announced the entering into force for Ireland of the Council of Europe Convention on preventing and combatting violence against women and domestic violence (the Istanbul Convention).
Announcing today’s milestone, the Minister said: “Protecting and supporting victims has been a key priority for this government. Domestic and sexual violence are pernicious and widespread evils, affecting all social classes and genders. The entry into force of the Istanbul Convention sends an important message that Ireland will not tolerate violence against women and domestic violence. It is further proof of our commitment to protecting and supporting victims of this violence.”
The convention is a significant, international, legal instrument in combatting domestic and sexual violence. The purposes of the convention are to protect women from all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence. The convention also aims to ensure the design of a comprehensive framework, policies and measures for the protection of and assistance to all victims of such violence.
The convention was ratified by Ireland on 8 March this year, International Women’s Day. In accordance with Article 76 of the convention, the convention has enter into force for Ireland on the first day of the month following the expiration of a period of three months after the depositing of its instrument of ratification.
ENDS
Notes for Editors
The Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence, commonly known as the Istanbul Convention, is a significant legal instrument in combatting sexual and domestic violence. The convention was formally adopted by the Committee of Minister’s Deputies at the Council of Europe on 7 April 2011. The convention entered into force on 1 August 2014.
On 8 March 2019, Ireland became the 34th Council of Europe Member State (out of 47) to ratify the convention. States that have ratified the convention are legally bound by its provisions once it enters into force.
Purpose of Convention
The convention is a broad based document which covers a number of Departments’ policy areas. The purposes of this convention are to:
Legislation and other measures introduced to enable formal ratification
Ireland signed the Istanbul Convention in November 2015. Prior to signing the convention, much of Irish legislation and administrative practice already implemented many of the provisions contained in the Istanbul Convention. The outstanding actions identified as being required for ratification were identified and formed an action plan which the government approved.
These actions were included in the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016 – 2021 which is currently being implemented.
The actions included education/training of target groups in the public sector, the implementation of the Victims Directive, the development of a risk assessment matrix by An Garda Síochána for victims of domestic and sexual violence, and the provision of 24 hour helplines for victims of domestic and sexual violence.
The Domestic Violence Act 2018 was a key action in progressing the ratification of the Istanbul Convention as it delivered on a number of convention requirements including extending access to barring orders, giving judges powers to refer perpetrators to programmes and providing for an offence of forced marriage.
The Criminal Law (Extraterritorial Jurisdiction) Act was the final legislative action required under the convention. This technical piece of legislation provides for the prosecution of violent crimes committed abroad by Irish citizens and residents in other Istanbul Convention states. The Bill completed its passage through the Oireachtas on 28 February and was signed into law by the President, paving the way for Ireland’s ratification of the Treaty on 8 March, International Women’s Day.
Key elements of convention
The convention aims to ensure the design of a comprehensive framework, policies and measures for the protection of and assistance to all victims of such violence.
Some of the key elements of the convention are to:
Monitoring
Ratifying the convention will open Ireland up to International monitoring. GREVIO (Group of Experts on Action against Violence against Women and Domestic Violence) is the independent expert body responsible for monitoring the implementation of the Istanbul Convention.
GREVIO will draw up and publish reports evaluating legislative and other measures taken by the countries to give effects to the provisions of the convention. In cases where action is required to prevent a serious, massive or persistent pattern of any acts of violence covered by the convention, GREVIO may initiate a special inquiry procedure. GREVIO may also adopt, where appropriate, general recommendations on themes and concepts of the convention.