Preventing and combating violence against women and domestic violence : a commentary on the istanbul convention / edited by Sara De Vido, Micaela Frulli.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

De Vido, Sara, editor.

Frulli, Micaela, editor.

Series:

Elgar commentaries in human rights.

Elgar commentaries in human rights series

Language:

English

Subjects (All):

Family violence--Law and legislation.

Family violence.

Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (2011 May 11).

Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence.

Genre:

Law commentaries.

Physical Description:

1 online resource (1008 pages)

Edition:

First edition.

Place of Publication:

Northampton : Edward Elgar Publishing, 2023.

Summary:

"This Commentary provides the first comprehensive and holistic analysis of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice. Contributions from more than 50 leading international academics and practitioners in the field. A set of thematic chapters dwelling on crucial issues such as intersectionality, reproductive rights, and cyber violence. Analyses of the content of each article against the background of relevant international documents such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. This Commentary will be a vital resource for academics and researchers focused on preventing and countering violence against women, whether in the fields of public international law, gender studies, feminist legal studies, criminal law, or European law. Interdisciplinary in perspective and intersectional in approach, lawyers, judges, state officials, policymakers and providers of victim support services will find the Commentary's analysis an invaluable tool for the implementation of the Istanbul Convention"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Extended contents

About the editors

Contributors

Foreword

Abbreviations

Table of cases

Table of legislation

Introduction to Preventing and Combating Violence Against Women and Domestic Violence

SECTION I THE ISTANBUL CONVENTION: BACKGROUND AND CONTEXTUALIZATION

Theme A The Istanbul Convention from an Intersectional Perspective

Theme B The Istanbul Convention in Times of Emergency

Theme C The Istanbul Convention through the Lens of the Americas and Africa

Theme D The Possibilities of the Regional Human Rights Mechanism for Women's Rights to be Free from Violence: The Asian case

Theme E Embracing Gender Parity at International and European Levels

Section II Commentary article by article

P THE PREAMBLE

CHAPTER I PURPOSES, DEFINITIONS, EQUALITY AND NON-DISCRIMINATION,GENERAL OBLIGATIONS

ARTICLE 1 PURPOSES OF THE CONVENTION

ARTICLE 2 SCOPE OF THE CONVENTION

ARTICLE 3 DEFINITIONS

ARTICLE 4 FUNDAMENTAL RIGHTS, EQUALITY AND NON-DISCRIMINATION

ARTICLE 5 STATE OBLIGATIONS AND DUE DILIGENCE

ARTICLE 6 GENDER-SENSITIVE POLICIES

CHAPTER II INTEGRATED POLICIES AND DATA COLLECTION

ARTICLE 7 COMPREHENSIVE AND CO-ORDINATED POLICIES

ARTICLE 8 FINANCIAL RESOURCES

ARTICLE 9 NON-GOVERNMENTAL ORGANIZATIONSAND CIVIL SOCIETY

ARTICLE 10 CO-ORDINATING BODY

ARTICLE 11 DATA COLLECTION AND RESEARCH

CHAPTER III PREVENTION

ARTICLE 12 GENERAL OBLIGATIONS

ARTICLE 13 AWARENESS-RAISING

ARTICLE 14 EDUCATION

ARTICLE 15 TRAINING OF PROFESSIONALS

ARTICLE 16 PREVENTIVE INTERVENTION AND TREATMENT PROGRAMMES

ARTICLE 17 PARTICIPATION OF THE PRIVATE SECTOR AND THE MEDIA

CHAPTER IV PROTECTION AND SUPPORT

ARTICLE 18 GENERAL OBLIGATIONS

ARTICLE 19 INFORMATION

ARTICLE 20 GENERAL SUPPORT SERVICES.

ARTICLE 22 SPECIALIST SUPPORT SERVICES

ARTICLE 23 SHELTERS

ARTICLE 24 TELEPHONE HELPLINES

ARTICLE 25 SUPPORT FOR VICTIMS OF SEXUAL VIOLENCE

ARTICLE 21 ASSISTANCE IN INDIVIDUAL/COLLECTIVE COMPLAINTS

ARTICLE 26 PROTECTION AND SUPPORT FOR CHILD WITNESSES

ARTICLE 31 CUSTODY, VISITATION RIGHTS AND SAFETY

ARTICLE 27 REPORTING

ARTICLE 28 REPORTING BY PROFESSIONALS

CHAPTER V SUBSTANTIVE LAW

ARTICLE 29 CIVIL LAWSUITS AND REMEDIES

ARTICLE 30 COMPENSATION

ARTICLE 32 CIVIL CONSEQUENCES OF FORCED MARRIAGES

ARTICLE 33 PSYCHOLOGICAL VIOLENCE

ARTICLE 35 PHYSICAL VIOLENCE

ARTICLE 34 STALKING

ARTICLE 36 SEXUAL VIOLENCE, INCLUDING RAPE

ARTICLE 37 FORCED MARRIAGE

ARTICLE 38 FEMALE GENITAL MUTILATION

ARTICLE 39 FORCED ABORTION AND FORCED STERILISATION

ARTICLE 40 SEXUAL HARASSMENT

ARTICLE 41 AIDING OR ABETTING AND ATTEMPT

ARTICLE 42 UNACCEPTABLE JUSTIFICATIONS FOR CRIMES, INCLUDING CRIMES COMMITTED IN THE NAME OF SO-CALLED 'HONOUR'

ARTICLE 43 APPLICATION OF CRIMINAL OFFENCES

ARTICLE 44 JURISDICTION

ARTICLE 45 SANCTIONS AND MEASURES

ARTICLE 46 AGGRAVATING CIRCUMSTANCES

ARTICLE 47 SENTENCES PASSED BY ANOTHER PARTY

ARTICLE 48 PROHIBITION OF MANDATORY ALTERNATIVE DISPUTE RESOLUTION PROCESSES OR SENTENCING

CHAPTER VI INVESTIGATION,PROSECUTION, PROCEDURAL LAW AND PROTECTIVE MEASURES

ARTICLE 49 GENERAL OBLIGATIONS

ARTICLE 50 IMMEDIATE RESPONSE, PREVENTION AND PROTECTION

ARTICLE 51 RISK ASSESSMENT AND RISK MANAGEMENT

ARTICLE 52 EMERGENCY BARRING ORDERS

ARTICLE 53 RESTRAINING OR PROTECTION ORDERS

ARTICLE 54 INVESTIGATIONS AND EVIDENCE

ARTICLE 55 EX PARTE AND EX OFFICIO PROCEEDINGS

ARTICLE 56 MEASURES OF PROTECTION

ARTICLE 57 LEGAL AID

ARTICLE 58 STATUTE OF LIMITATION

CHAPTER VI IMIGRATION AND ASYLUM

ARTICLE 59 RESIDENCE STATUS.

ARTICLE 60 GENDER-BASED ASYLUM CLAIMS

ARTICLE 61 NON-REFOULEMENT

CHAPTER VIII INTERNATIONAL CO-OPERATION

ARTICLE 62 GENERAL PRINCIPLES

ARTICLE 64 INFORMATION

ARTICLE 65 DATA PROTECTION

CHAPTER IX MONITORING MECHANISM

ARTICLE 66 GROUP OF EXPERTS ON ACTION AGAINST VIOLENCE AGAINST WOMEN AND DOMESTIC VIOLENCE

ARTICLE 67 COMMITTEE OF THE PARTIES

ARTICLE 68 PROCEDURE

ARTICLE 69 GENERAL RECOMMENDATIONS

ARTICLE 70 PARLIAMENTARY INVOLVEMENT IN MONITORING

ARTICLE 70 ALOCATING GREVIO IN THE REALM OF INTERNATIONAL AND REGIONAL HUMAN RIGHTS MONITORING MECHANISMS

CHAPTER X RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS

ARTICLE 71 RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS

CHAPTER XI AMENDMENTS TO THE CONVENTION

ARTICLE 72 AMENDMENTS

CHAPTER XII FINAL CLAUSES

ARTICLE 73 EFFECTS OF THIS CONVENTION

ARTICLE 74 DISPUTE SETTLEMENT

ARTICLE 75 SIGNATURE AND ENTRY INTO FORCE

ARTICLE 76 ACCESSION TO THE CONVENTION

ARTICLE 76A ISRAEL'S (POSSIBLE) ACCESSION TO THE ISTANBUL CONVENTION

ARTICLE 77 TERRITORIAL APPLICATION

ARTICLE 78 RESERVATIONS

ARTICLE 79 VALIDITY AND REVIEW OF RESERVATIONS

ARTICLE 80 DENUNCIATION

ARTICLE 81 NOTIFICATION

ARTICLE 80A A TALE OF THE OPPOSITES: DENUNCIATION AND IMPLEMENTATION OF THE ISTANBUL CONVENTION IN TURKEY

SECTION III CRITICAL ASSESSMENT SOF SHORTCOMINGS OF THE ISTANBUL CONVENTION: SELECTED ISSUES

THEME F SMART-LOCKING UP WOMEN: INTERNET OF THINGS (IOT) PERPETRATION IN DOMESTIC VIOLENCE

THEME G PROSTITUTION: A MISSED OPPORTUNITY?

THEME H SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS IN THE ISTANBUL CONVENTION: AN UNFULFILLED PROMISE IN THE CONTEXT OF GLOBAL BACKLASH

INDEX.

Notes:

Includes bibliographical references.

Description based on print version record.

Includes index.

Other Format:

Print version: De Vido, Sara Preventing and Combating Violence Against Women and Domestic Violence

ISBN:

1-83910-775-8