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Decree No. 2015-148 February 10, 2015 With Publication Of The Convention Of The Council Of Europe On The Prevention And Combating Violence Against Women And Domestic Violence (Together An Annex), Signed In Istanbul The 11 M...

Original Language Title: Décret n° 2015-148 du 10 février 2015 portant publication de la convention du Conseil de l'Europe sur la prévention et la lutte contre la violence à l'égard des femmes et la violence domestique (ensemble une annexe), signée à Istanbul le 11 m...

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AFFAIRS, INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , ADVICE , CONVENTION , AUTHORIZATION , RATIFICATION , PREVENTION , VIOLENCE AGAINST WOMEN , LUTTE CONTRE LA VIOLENCE , VIOLENCE DOMESTIQUE , INDEMORATION , PROTECTION


JORF n°0036 of 12 February 2015 page 2654
text No. 5



Decree No. 2015-148 of 10 February 2015 on the publication of the Council of Europe Convention on the Prevention and Control of Violence against Women and Domestic Violence (as an annex), signed in Istanbul on 11 May 2011 (1)

NOR: MAEJ1501774D ELI: http://www.legifrance.gouv.fr/eli/decret/2015/2/10/MAEJ1501774D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2015/2/10/2015-148/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Considering Act No. 2014-476 of 14 May 2014 authorizing the ratification of the Council of Europe Convention on the Prevention and Control of Violence against Women and Domestic Violence;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 74-360 of 3 May 1974 on the publication of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed on 4 November 1950, of its Additional Protocols Nos. 1, 3, 4 and 5, signed on 20 March 1952, 6 May 1963, 16 September 1963 and 20 January 1966, as well as statements and reservations made by the Government of the French Republic upon ratification;
Having regard to Decree No. 74-840 of 4 October 1974 on the publication of the European Social Charter (all an annex and a list), signed in Turin on 18 October 1961;
In view of Decree No. 81-76 of 20 January 1981 on the publication of the International Covenant on Civil and Political Rights, opened for signature in New York on 19 December 1966;
In view of Decree No. 84-193 of 12 March 1984 on the publication of the Convention on the Elimination of All Forms of Discrimination against Women, opened for signature in New York on 1 March 1980;
In view of Decree No. 2001-953 of 15 October 2001 on the publication of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, done in New York on 6 October 1999;
In view of Decree No. 2008-1118 of 31 October 2008 on the publication of the Council of Europe Convention on Combating Human Trafficking, adopted on 16 May 2005 in Warsaw,
Decrete:

Article 1


The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (as an annex), signed in Istanbul on 11 May 2011, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex


    CONVENTION
    OF THE EUROPEAN COUNCIL ON PREVENTION AND LUTTE AGAINST WOMEN's VIOLENCE AND DOMETICAL VIOLENCE (ENSEMBLE ANNEX), SIGNED TO ISTANBUL 11 MAY 2011
    Preamble


    Member States of the Council of Europe and other signatories to this Convention,
    Recalling the Convention for the Protection of Human Rights and Fundamental Freedoms (STE No. 5, 1950) and its Protocols, the European Social Charter (STE No. 35, 1961, revised in 1996, STE No. 163), the Council of Europe Convention on Combating Trafficking in Human Beings (STCE No. 197, 2005) and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Abuse (STCE No. 20 2007),
    Recalling the following recommendations of the Committee of Ministers to the Member States of the Council of Europe: Recommendation Rec (2002) 5 on the protection of women against violence, Recommendation CM/Rec (2007) 17 on norms and mechanisms of equality between women and men, Recommendation CM/Rec (2010) 10 on the role of women and men in conflict prevention and resolution and peacebuilding, and other relevant recommendations;
    Taking into account the increasing volume of the jurisprudence of the European Court of Human Rights that establishes important norms in violence against women;
    Bearing in mind 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 ("EDEF", 1979) and its Optional Protocol (1999) and the General Recommendation No. 19 of the Committee on Violence against Women (2000), the United Nations Convention on the Rights of Persons with Disabilities and the United Nations Convention on the Rights of
    Bearing in mind the Rome Statute of the International Criminal Court (2002);
    Recalling the basic principles of international humanitarian law, and in particular the Geneva Convention (IV) on the Protection of Civilian Persons in Time of War (1949) and its Additional Protocols I and II (1977);
    Condemning all forms of violence against women and domestic violence;
    Recognizing that the de jure and de facto realization of equality between women and men is a key element in preventing violence against women;
    Recognizing that violence against women is a manifestation of the historically unequal relations of force between women and men that have led to the domination and discrimination of women by men, thus depriving women of their full empowerment;
    Recognizing that the structural nature of violence against women is based on gender, and that violence against women is one of the crucial social mechanisms by which women are maintained in a position of subordination to men;
    Recognizing with deep concern that women and girls are often exposed to serious forms of violence such as domestic violence, sexual harassment, rape, forced marriage, crimes committed on behalf of the so-called "honour" and genital mutilation, which constitute a grave violation of the human rights of women and girls and a major obstacle to the realization of equality between women and men;
    Recognizing the ongoing violations of human rights in situations of armed conflict affecting the civilian population, and in particular women, in the form of widespread or systematic sexual violence and rape and the potential of an increase in gender-based violence both during and after conflict;
    Recognizing that women and girls are at higher risk of gender-based violence than men;
    Recognizing that domestic violence disproportionately affects women and that men can also be victims of domestic violence;
    Recognizing that children are victims of domestic violence, including as witnesses of domestic violence;
    Aspiring to create a Europe free of violence against women and domestic violence,
    The following agreed:

    • Chapter I: Purposes, definitions, equality and non-discrimination, general obligations Article 1 Purposes of the Convention


      1. The purpose of this Convention is to:
      (a) To protect women from all forms of violence, and to prevent, prosecute and eliminate violence against women and domestic violence;
      (b) To help eliminate all forms of discrimination against women and to promote real equality between women and men, including the empowerment of women;
      (c) Develop a comprehensive framework, policies and protection and assistance measures for all victims of violence against women and domestic violence;
      (d) To promote international cooperation to eliminate violence against women and domestic violence;
      (e) To support and assist repressive organizations and services to effectively cooperate in order to adopt an integrated approach to eliminating violence against women and domestic violence.
      2. In order to ensure effective implementation of its provisions by Parties, this Convention establishes a specific monitoring mechanism.


      Article 2
      Scope of the Convention


      1. This Convention applies to all forms of violence against women, including domestic violence, which disproportionately affects women.
      2. Parties are encouraged to apply this Convention to all victims of domestic violence. Parties shall pay particular attention to women victims of gender-based violence in the implementation of the provisions of this Convention.
      3. This Convention applies in times of peace and in situations of armed conflict.


      Article 3
      Definitions


      For the purposes of this Convention:
      (a) The term "violence against women" must be understood as a violation of human rights and a form of discrimination against women, and refers to all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic damage or suffering for women, including the threat of engaging in such acts, coercion or arbitrary deprivation of liberty, whether or not it is
      (b) The term "domestic violence" refers to all acts of physical, sexual, psychological or economic violence occurring within the family or home or between former or current spouses or partners, regardless of whether the perpetrator of the offence shares or shared the same domicile as the victim;
      (c) The term "gender" refers to roles, behaviours, activities and socially constructed responsibilities, which a particular society considers appropriate to women and men;
      (d) The term "violence against women based on gender" means any violence against a woman because she is a woman or disproportionately affects women;
      (e) The term "victim" means any physical person who is subject to the behaviours specified in points a and b;
      (f) The term "woman" includes girls under the age of 18.


      Article 4
      Fundamental rights, equality and non-discrimination


      1. Parties shall take the necessary legislative and other measures to promote and protect the right of everyone, especially women, to live safe from violence in both the public and private spheres.
      2. Parties condemn all forms of discrimination against women and take, without delay, the necessary legislative and other measures to prevent it, in particular:


      - by placing in their national constitutions or other appropriate legislative provisions the principle of equality between women and men, and by ensuring the effective application of that principle;
      - prohibiting discrimination against women, including, where appropriate, the use of sanctions;
      - by repealing all laws and practices that discriminate against women.


      3. The implementation of the provisions of this Convention by the Parties, in particular measures to protect the rights of victims, must be ensured without any discrimination, including on the basis of sex, gender, race, colour, language, religion, political opinions or any other opinion, national or social origin, belonging to a national minority, property, birth, migrant orientation, gender identity, age, nationality,
      4. Specific measures necessary to prevent and protect women from gender-based violence are not considered discriminatory under this Convention.


      Article 5
      State obligations and due diligence


      1. The Parties shall refrain from committing any act of violence against women and shall ensure that the authorities, officials, agents and State institutions, as well as other actors acting on behalf of the State are acting in accordance with that obligation.
      2. Parties shall take the necessary legislative and other measures to act with due diligence in order to prevent, investigate, punish, and grant compensation for acts of violence covered by the scope of this Convention committed by non-State actors.


      Article 6
      Gender-sensitive policies


      Parties undertake to include a gender perspective in the implementation and assessment of the impact of the provisions of this Convention and to effectively promote and implement gender equality policies and empower women.

    • Chapter II: Integrated policies and data collection Article 7 Global policies and coordinates


      1. Parties shall take the necessary legislative and other measures to adopt and implement effective, comprehensive and coordinated national policies, including all relevant measures to prevent and combat all forms of violence covered by the scope of this Convention, and provide a comprehensive response to violence against women.
      2. Parties shall ensure that the policies referred to in paragraph 1 place the rights of the victim at the centre of all measures and are implemented through effective cooperation between all relevant agencies, institutions and organizations.
      3. The measures taken in accordance with this article must involve, where appropriate, all relevant actors such as governmental agencies, parliaments and national, regional and local authorities, national human rights institutions and civil society organizations.


      Article 8
      Financial resources


      Parties shall allocate appropriate financial and human resources for the proper implementation of integrated policies, measures and programmes to prevent and combat all forms of violence covered by the scope of this Convention, including those carried out by non-governmental organizations and civil society.


      Article 9
      Non-governmental organizations and civil society


      Parties recognize, encourage and support, at all levels, the work of relevant non-governmental organizations and civil society that are active in combating violence against women and establish effective cooperation with these organizations.


      Article 10
      Coordination body


      1. Parties shall designate or establish one or more official bodies responsible for the coordination, implementation, monitoring and evaluation of policies and measures taken to prevent and combat all forms of violence covered by this Convention.
      These bodies coordinate the collection of the data referred to in Article 11, analyze and disseminate the results.
      2. Parties shall ensure that the bodies designated or established in accordance with this article are provided with general information on the measures taken in accordance with Chapter VIII.
      3. Parties shall ensure that designated or established bodies in accordance with this Article have the capacity to communicate directly and encourage relations with their counterparts in other Parties.


      Article 11
      Data collection and research


      1. For the purpose of implementing this Convention, the Parties shall:
      (a) To collect relevant disaggregated statistical data, at regular intervals, on cases relating to all forms of violence covered by the scope of this Convention;
      (b) To support research in areas related to all forms of violence covered by the scope of this Convention, in order to study their root causes and effects, frequency and sentencing rates, and the effectiveness of the measures taken to implement this Convention.
      2. Parties shall endeavour to conduct population-based surveys, at a regular interval, to assess the extent and trends of all forms of violence covered by the scope of this Convention.
      3. The Parties shall provide the information collected in accordance with this Article to the expert group, referred to in Article 66 of this Convention, in order to stimulate international cooperation and allow an international comparison.
      4. Parties shall ensure that the information collected under this article is made available to the public.

    • Chapter III: Prevention Article 12 General obligations


      1. Parties shall take the necessary measures to promote changes in the sociocultural behaviour patterns of women and men in order to eradicate prejudices, customs, traditions and any other practice based on the idea of women's inferiority or on a stereotyped role of women and men.
      2. Parties shall take the necessary legislative and other measures to prevent all forms of violence covered by the scope of this Convention by any natural or legal person.
      3. All measures taken in accordance with this chapter take into account and address the specific needs of persons made vulnerable by special circumstances, and place the human rights of all victims in their centre.
      4. Parties shall take the necessary measures to encourage all members of society, in particular men and boys, to actively contribute to the prevention of all forms of violence covered by the scope of this Convention.
      5. Parties shall ensure that culture, custom, religion, tradition or so-called "honour" are not considered to justify acts of violence covered by the scope of this Convention.
      6. Parties shall take the necessary measures to promote programmes and activities aimed at empowering women.


      Article 13
      Awareness-raising


      1. Parties shall promote or conduct, on a regular basis and at all levels, awareness-raising campaigns or programmes, including in cooperation with national human rights institutions and relevant bodies in the field of equality, civil society and non-governmental organizations, including women ' s organizations, where appropriate, to increase awareness and understanding by the general public of the various manifestations of all forms of violence covered by the scope of the implementation of the Convention
      2. Parties shall provide a wide dissemination among the general public of information on measures available to prevent acts of violence covered by the scope of this Convention.


      Article 14
      Education


      1. The Parties shall undertake, where appropriate, the actions necessary to include in official study programs and at all levels of teaching material on subjects such as equality between women and men, non-stereotyped roles of gender, mutual respect, non-violent resolution of conflicts in interpersonal relations, violence against women based on gender, and the right to personal integrity
      2. Parties shall undertake the necessary actions to promote the principles referred to in paragraph 1 in informal educational structures as well as in sports, cultural and leisure structures and the media.


      Article 15
      Training of professionals


      1. Parties shall provide or strengthen adequate training for relevant professionals dealing with victims or perpetrators of all acts of violence covered by the scope of this Convention, on the prevention and detection of such violence, equality between women and men, the needs and rights of victims, and on how to prevent secondary victimization.
      2. Parties shall encourage the inclusion in the training referred to in paragraph 1 of a training course on inter-institutional coordinated cooperation in order to enable a comprehensive and adequate management of guidance in cases of violence covered by the scope of this Convention.


      Article 16
      Preventive intervention and treatment programs


      1. Parties shall take the necessary legislative or other measures to establish or support programmes to teach domestic violence perpetrators to adopt non-violent behaviour in interpersonal relations with a view to preventing further violence and changing violent behavioural patterns.
      2. Parties shall take the necessary legislative or other measures to establish or support treatment programs to prevent the recurrence of offenders, in particular perpetrators of sexual offences.
      3. By taking the measures referred to in paragraphs 1 and 2, Parties shall ensure that the safety, support and human rights of victims are a priority and that, where appropriate, these programmes are established and implemented in close coordination with the Victim Support Services.


      Article 17
      Private and media participation


      1. Parties shall encourage the private sector, the information and communication technology sector and the media, in accordance with their freedom of expression and independence, to participate in the development and implementation of policies, as well as to establish guidelines and standards of self-regulation to prevent violence against women and to enhance respect for their dignity.
      2. Parties develop and promote, in cooperation with private sector actors, the capacity of children, parents and educators to cope with an information and communication technology environment that provides access to degrading content of a sexual or violent nature that can be harmful.

    • Chapter IV: Protection and support Article 18 General obligations


      1. Parties shall take the necessary legislative or other measures to protect all victims from any new act of violence.
      2. Parties shall take the necessary legislative or other measures, in accordance with their domestic law, to ensure that adequate mechanisms exist to implement effective cooperation between all relevant State agencies, including judicial authorities, prosecutors, repressive services, local and regional authorities, as well as non-governmental organizations and other relevant organizations or entities for the protection and support of victims and witnesses of all forms of violence covered by the Convention
      3. Parties shall ensure that the measures taken in accordance with this chapter:


      - be based on a gender-based understanding of violence against women and domestic violence, and focus on the human rights and security of the victim;
      - be based on an integrated approach that takes into account the relationship between victims, perpetrators, children and their broader social environment;
      - aim to avoid secondary victimization;
      - aim at the empowerment and economic independence of women victims of violence;
      - allow, where appropriate, the establishment of a set of protection and support services in the same premises;
      - meet the specific needs of vulnerable persons, including child victims, and be accessible to them.


      4. The provision of services must not depend on the willingness of victims to prosecute or testify against any perpetrator.
      5. Parties shall take appropriate measures to ensure consular or 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 the support services and legal measures available in a language they understand.


      Rule 20
      General support services


      1. Parties shall take the necessary legislative or other measures to ensure that victims have access to recovery services. These measures should include, where necessary, services such as legal and psychological advice, financial assistance, housing services, education, training and assistance in job search.
      2. Parties shall take the necessary legislative or other measures to ensure that victims have access to health services and social services, that services have adequate resources and that professionals are trained to provide assistance to victims and to guide them to adequate services.


      Article 21
      Individual/collective complaints support


      Parties shall ensure that victims receive information on the relevant regional and international mechanisms for individual/collective complaints and access to these mechanisms. Parties shall promote the provision of sensitive and informed support to victims in submitting their complaints.


      Article 22
      Specialized support services


      1. Parties shall take such legislative or other measures as may be necessary to provide or develop, within appropriate geographical distribution, immediate, short- and long-term specialized support services to any victim who has been subjected to any act of violence covered by the scope of this Convention.
      2. Parties provide or develop specialized support services for all women victims of violence and their children.


      Article 23
      Refuges


      Parties shall take the necessary legislative or other measures to provide adequate, easily accessible and sufficient shelters to provide safe housing for victims, especially women and their children, and to proactively assist them.


      Article 24
      Telephone loss


      Parties shall take the necessary legislative or other measures to establish, at the national level, free telephone hotlines, accessible 24 hours a day, 24 hours a day, seven days a week, to provide advice on all forms of violence covered by the scope of this Convention in a confidential manner or in accordance with their anonymity.


      Rule 25
      Support for victims of sexual violence


      Parties shall take the necessary legislative or other measures to enable the establishment of emergency assistance centres for victims of rape and sexual violence, appropriate, easily accessible and in sufficient numbers, in order to provide them with medical and forensic examination, trauma support and counselling.


      Rule 26
      Protection and support of child witnesses


      1. Parties shall take the necessary legislative or other measures to ensure that, in the provision of victim protection and support services, the rights and needs of child witnesses of all forms of violence covered by the scope of this Convention are duly taken into account.
      2. Measures taken in accordance with this article include the age-appropriate psychosocial counselling of child witnesses of all forms of violence covered by the scope of this Convention and give due consideration to the best interests of the child.


      Rule 27
      Reporting


      The Parties shall take the necessary measures to encourage any witness of the commission of any act of violence covered by the scope of this Convention, or that has serious grounds for believing that such an act could be committed or that new acts of violence are to be feared, to report them to the relevant organizations or authorities.


      Rule 28
      Reporting by professionals


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

    • Chapter V: Material Law Article 29 Civil and legal proceedings


      1. Parties shall take the necessary legislative or other measures to provide victims with adequate civil remedies against the perpetrator of the offence.
      2. In accordance with the general principles of international law, Parties shall take the necessary legislative or other measures to provide victims with adequate civil reparations against State authorities who have failed to take necessary preventive or protective measures within their powers.


      Rule 30
      Compensation


      1. Parties shall take the necessary legislative or other measures to ensure that victims are entitled to seek compensation from the authors of any offence established in accordance with this Convention.
      2. Appropriate compensation by the State should be awarded to those who have suffered serious harm to physical integrity or health, as the harm is not covered by other sources, including by the perpetrator of the offence, by insurance or by the social and medical services financed by the State. This does not preclude Parties from seeking compensation from the offender, provided that the safety of the victim is duly taken into account.
      3. The measures taken pursuant to paragraph 2 shall ensure the award of compensation within a reasonable period of time.


      Rule 31
      Guard, right of access and security


      1. Parties shall take such legislative or other measures as may be necessary to ensure that, in determining child custody and visits, incidents of violence covered by the scope of this Convention are taken into account.
      2. Parties shall take the necessary legislative or other measures to ensure that the exercise of any right of access or custody does not compromise the rights and security of the victim or children.


      Rule 32
      Civil consequences of forced marriages


      Parties shall take the necessary legislative or other measures to ensure that marriages contracted by force may be annulled, cancelled or dissolved without imposing an excessive financial or administrative burden on the victim.


      Rule 33
      Psychological violence


      Parties shall take such legislative or other measures as may be necessary to criminalize the fact, when committed intentionally, to seriously affect the psychological integrity of a person by coercion or threats.


      Rule 34
      Harassment


      Parties shall take such legislative or other measures as may be necessary to criminalize the fact, when committed intentionally, of adopting, on several occasions, a threatening behaviour directed towards another person, leading it to fear for its security.


      Rule 35
      Physical violence


      Parties shall take the necessary legislative or other measures to criminalize the intentionally committed act of physical violence against another person.


      Rule 36
      Sexual violence, including rape


      1. Parties shall take the necessary legislative or other measures to criminalize criminal offences, where they are intentionally committed:
      (a) Unconsensual vaginal, anal or oral penetration, of a sexual character, of the body of others with any part of the body or with an object;
      (b) Other non-consensual sexual acts on others;
      (c) Force others to engage in acts of a sexual nature that are not consented to with a third party.
      2. Consent must be given voluntarily as a result of the person ' s free will in the context of the surrounding circumstances.
      3. Parties shall take the necessary legislative or other measures to ensure that the provisions of paragraph 1 shall also apply to acts committed against former or current spouses or partners, in accordance with their domestic law.


      Rule 37
      Forced marriages


      1. Parties shall take the necessary legislative or other measures to criminalize the intentionally committed act of forcing an adult or a child to enter into a marriage.
      2. Parties shall take the necessary legislative or other measures to criminalize the fact, when committed intentionally, of deceiving an adult or a child in order to take him or her to the territory of a Party or State other than that where he or she resides with the intention of forcing him to enter into a marriage.


      Rule 38
      Female genital mutilation


      Parties shall take the necessary legislative or other measures to criminalize offences, where they are intentionally committed:
      (a) Excision, infibulation or any other mutilation of the whole or part of the labia majora, labia minora or clitoris of a woman;
      (b) To compel a woman to undergo any act listed in point a or to provide her with the means to that end;
      (c) Inciting or compeling a girl to undergo any act listed in point a or providing her with the means for that purpose.


      Rule 39
      Forced abortion and sterilization


      Parties shall take the necessary legislative or other measures to criminalize offences, where they are intentionally committed:
      (a) The practice of abortion in a woman without her prior and informed consent;
      (b) The practice of a surgical procedure that has the purpose or effect of ending a woman's ability to reproduce naturally without her prior and informed consent or without her understanding of the procedure.


      Rule 40
      Sexual harassment


      Parties shall take such legislative or other measures as may be necessary to ensure that any form of unwanted, verbal, non-verbal or physical behaviour, of a sexual nature, intended or effected to violate the dignity of a person, in particular where such behaviour creates an environment intimidating, hostile, degrading, humiliating or offensive, or subject to criminal sanctions or other legal sanctions.


      Rule 41
      Help or complicity and attempt


      1. Parties shall take the necessary legislative or other measures to criminalize, where intentionally committed, the assistance or complicity in the commission of offences established in accordance with Articles 33, 34, 35, 36, 37, 38 (a) and 39 of this Convention.
      2. Parties shall take the necessary legislative or other measures to criminalize, where intentionally committed, attempts to commission offences established in accordance with Articles 35, 36, 37, 38 (a) and 39 of this Convention.


      Rule 42
      Unacceptable justification for criminal offences, including crimes committed on behalf of the so-called "honour"


      1. The Parties shall take the necessary legislative or other measures to ensure that, in criminal proceedings initiated following the commission of one of the acts of violence covered by the scope of this Convention, culture, custom, religion, tradition or so-called "honour" are not considered to justify such acts. This includes, in particular, allegations that the victim has violated cultural, religious, social or traditional norms or customs related to appropriate behaviour.
      2. Parties shall take the necessary legislative or other measures to ensure that any person's incentive to commit any act referred to in paragraph 1 does not diminish the criminal responsibility of that person for the acts committed.


      Rule 43
      Application of criminal offences


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


      Rule 44
      Jurisdiction


      1. Parties shall take the necessary legislative or other measures to establish their jurisdiction over any offence established in accordance with this Convention, where the offence is committed:
      (a) On their territory; or
      (b) Aboard a ship flying their flag; or
      (c) On board an aircraft registered according to their internal laws; or
      (d) By one of their nationals; or
      (e) By a person who has his habitual residence in their territory.
      2. Parties shall endeavour to take the necessary legislative or other measures to establish their jurisdiction over any offence established in accordance with this Convention, where the offence is committed against any of their nationals or against a person who has habitual residence in their territory.
      3. For the prosecution of offences established pursuant to articles 36, 37, 38 and 39 of this Convention, Parties shall take the necessary legislative or other measures to ensure that the establishment of their jurisdiction is not subject to the condition that the facts are also criminalized in the territory in which they were committed.
      4. For the prosecution of offences established pursuant to articles 36, 37, 38 and 39 of this Convention, the Parties shall take the necessary legislative or other measures to ensure that the establishment of their jurisdiction under points d and e of paragraph 1 is not subject to the condition that the prosecution be preceded by a complaint of the victim or a denunciation of the State of the place where the offence was committed.
      5. Parties shall take the necessary legislative or other measures to establish their jurisdiction over any offence established in accordance with this Convention, in cases where the alleged perpetrator is present in their territory and may not be extradited to another Party solely because of its nationality.
      6. Where a number of Parties claim jurisdiction over an alleged offence established in accordance with this Convention, the Parties concerned shall, where appropriate, consult in order to determine the best position to prosecute.
      7. Without prejudice to the general rules of international law, this Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law.


      Rule 45
      Sanctions and measures


      1. Parties shall take the necessary legislative or other measures to ensure that the offences established in accordance with this Convention are subject to effective, proportionate and deterrent sanctions against their seriousness. These include, where applicable, custodial sentences that may result in extradition.
      2. Parties may adopt other measures with respect to offenders, such as:


      - monitoring or monitoring of the sentenced person;
      - the loss 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.


      Rule 46
      Aggravating circumstances


      Parties shall take the necessary legislative or other measures to ensure that the following circumstances, provided that they do not already fall within the constituent elements of the offence, may, in accordance with the relevant provisions of their domestic law, be taken into account as aggravating circumstances in determining the penalties for offences established under this Convention:
      (a) The offence was committed against a former or current spouse or partner, in accordance with domestic law, by a family member, a person living with the victim, or a person who abused his or her authority;
      (b) The offence, or related offences, was repeatedly committed;
      (c) The offence was committed against a person made vulnerable by special circumstances;
      (d) The offence was committed against or in the presence of a child;
      (e) The offence was committed by two or more persons acting together;
      (f) The offence was preceded or accompanied by extreme gravity violence;
      (g) The offence was committed with the use or threat of a weapon;
      (h) The offence resulted in serious physical or psychological damage to the victim;
      (i) The author was previously convicted of similar facts.


      Rule 47
      Convictions in another Party


      Parties shall take the necessary legislative or other measures to provide for the possibility of taking into account, as part of the assessment of the sentence, the final convictions in another Party for the offences established in accordance with this Convention.


      Rule 48
      Prohibition of alternative dispute resolution or mandatory convictions


      1. Parties shall take the necessary legislative or other measures to prohibit alternative modes of resolution of mandatory conflicts, including mediation and conciliation, with regard to all forms of violence covered by the scope of this Convention.
      2. Parties shall take the necessary legislative or other measures to ensure that, if the payment of a fine is ordered, the ability of the offender to meet the financial obligations he has with respect to the victim is duly taken into account.

    • Chapter VI: Investigations, prosecutions, procedural law and protection measures Article 49 General obligations


      1. Parties shall take the necessary legislative or other measures to ensure that investigations and judicial proceedings relating to all forms of violence covered by the scope of this Convention are treated without undue delay while taking into account the rights of the victim at all stages of criminal proceedings.
      2. Parties shall take the necessary legislative or other measures, in accordance with the fundamental principles of human rights and taking into account the understanding of gender-based violence, to ensure an effective investigation and prosecution of offences established in accordance with this Convention.


      Rule 50
      Immediate response, prevention and protection


      1. Parties shall take the necessary legislative or other measures to ensure that responsible repressive services respond promptly and appropriately to all forms of violence covered by the scope of this Convention by providing adequate and immediate protection to victims.
      2. Parties shall take the necessary legislative or other measures to ensure that responsible repressive services promptly and appropriately engage in the prevention and protection of all forms of violence covered by the scope of this Convention, including the use of preventive operational measures and the collection of evidence.


      Rule 51
      Evaluation and risk management


      1. Parties shall take the necessary legislative or other measures to ensure that an assessment of the risk of lethality, the seriousness of the situation and the risk of reiteration of violence is made by all relevant authorities in order to manage the risk and ensure, if necessary, coordinated security and support.
      2. The Parties shall take such legislative or other measures as may be necessary to ensure that the assessment referred to in paragraph 1 takes duly into account, at all stages of the investigation and enforcement of protective measures, the fact that the perpetrator of acts of violence covered by the scope of this Convention has or has access to firearms.


      Rule 52
      Emergency ban orders


      Parties shall take such legislative or other measures as may be necessary for the competent authorities to be granted the authority to order, in situations of immediate danger, the perpetrator of domestic violence to leave the residence of the victim or person in danger for a period of time and to prohibit the perpetrator from entering or contacting the home of the victim or person in danger. Measures taken in accordance with this article shall give priority to the safety of victims or persons in danger.


      Rule 53
      Orders for injunction or protection


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


      - available for immediate protection and without excessive financial or administrative burden on the victim;
      - issued for a specified period, or until modification or revocation;
      - if applicable, issued ex parte with immediate effect;
      - available independently or cumulatively to other judicial proceedings;
      - authorized to be brought into subsequent judicial proceedings.


      3. Parties shall take the necessary legislative or other measures to ensure that the violation of the injunction or protection orders issued pursuant to paragraph 1 is subject to criminal sanctions, or other legal, effective, proportionate and deterrent sanctions.


      Rule 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 is admissible only when relevant and necessary.


      Rule 55
      Ex parte and ex officio procedures


      1. The Parties shall ensure that the investigation or prosecution of offences established in accordance with Articles 35, 36, 37, 38 and 39 of this Convention does not entirely depend on a denunciation or complaint of the victim when the offence has been committed, in part or in whole, in their territory, and that the proceedings may continue even if the victim withdraws or withdraws his complaint.
      2. Parties shall take the necessary legislative or other measures to ensure, in accordance with the conditions laid down in their domestic law, the possibility for governmental and non-governmental organizations and advisers specializing in domestic violence, to assist and/or support victims, upon request, in the course of investigations and judicial proceedings relating to offences established in accordance with this Convention.


      Rule 56
      Protection measures


      1. Parties shall take the necessary legislative or other measures to protect the rights and interests of victims, including their specific needs as witnesses, at all stages of investigations and judicial proceedings, in particular:
      (a) By ensuring that they are, as well as their families and witnesses, safe from the risks of intimidation, reprisals and new victimization;
      (b) By ensuring that victims are informed, at least in cases where the victims and the family may be in danger, when the perpetrator of the offence escapes or is released temporarily or permanently;
      (c) Keeping them informed, under the conditions laid down in their domestic law, of their rights and services at their disposal, and of the follow-up to their complaint, the counts selected, the general conduct of the investigation or the proceedings, and their role in the investigation and the decision rendered;
      (d) By giving victims, in accordance with the procedural rules of their domestic law, the opportunity to be heard, to provide evidence and to present their views, needs and concerns, directly or through the use of an intermediary, and to be examined;
      (e) By providing victims with appropriate assistance to ensure that their rights and interests are duly presented and taken into account;
      (f) By ensuring that measures to protect the privacy and image of the victim can be taken;
      (g) By ensuring, where possible, that contacts between victims and perpetrators of offences within the courts and premises of repressive services are avoided;
      (h) By providing victims with independent and competent interpreters, when victims are parties to the proceedings or when they provide evidence;
      (i) By allowing victims to testify in the courtroom, in accordance with the rules laid down in their domestic law, without being present, or at least without the alleged perpetrator of the offence being present, including through the use of appropriate communication technologies, if available.
      2. A child victim and witness of violence against women and domestic violence must, where appropriate, be given specific protection measures taking into account the best interests of the child.


      Rule 57
      Legal aid


      Parties shall ensure that victims are entitled to free legal assistance and legal aid in accordance with the requirements of their domestic law.


      Rule 58
      Prescription


      Parties shall take such legislative and other measures as may be necessary to ensure that the limitation period for the prosecution of the head of established offences, in accordance with Articles 36, 37, 38 and 39 of this Convention, continues to run for a sufficient and proportionate duration to the seriousness of the offence in question, in order to enable the effective implementation of the proceedings, after the victim reaches the age of majority.

    • Chapter VII: Migration and Asylum Article 59


      1. Parties shall take the necessary legislative or other measures to ensure that victims, whose status as a resident depends on that of their spouse or partner, in accordance with their domestic law, are granted, upon request, in the event of dissolution of marriage or relationship, in the case of particularly difficult situations, a residence permit independent of the duration of marriage or relationship. The conditions for the granting and duration of the self-residency permit are established in accordance with domestic law.
      2. Parties shall take the necessary legislative or other measures to ensure that victims are able to obtain the suspension of expulsion proceedings initiated by the fact that their resident status depends on that of their spouse or partner, in accordance with their domestic law, to enable them to apply for a residence permit.
      3. Parties shall issue a revolving residence permit to victims in one or both of the following situations:
      (a) When the competent authority considers that their stay is necessary in relation to their personal situation;
      (b) Where the competent authority considers that their stay is necessary for the purpose of their cooperation with the competent authorities in the course of an investigation or criminal proceedings.
      4. Parties shall take such legislative or other measures as may be necessary to ensure that victims of forced marriages brought to another country for the purpose of such marriage, and thereby lose their status as a resident in the country where they usually reside, are entitled to regain that status.


      Rule 60
      Claims based on gender


      1. Parties shall take the necessary legislative or other measures to ensure that violence against women based on gender may be recognized 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 injury resulting in additional/subsidiary protection.
      2. Parties shall ensure that a gender-sensitive interpretation is applied to each of the grounds of the Convention and that asylum seekers are granted refugee status in cases where it has been determined that the fear of persecution is based on one or more of these grounds, in accordance with the applicable relevant instruments.
      3. Parties shall take the necessary legislative or other measures to develop gender-sensitive reception procedures and support services for asylum seekers, as well as gender-based guidelines and gender-sensitive asylum procedures, including the granting of refugee status and the application for international protection.


      Rule 61
      Non-refoulement


      1. Parties shall take the necessary legislative or other measures to respect the principle of non-refoulement, in accordance with existing obligations under international law.
      2. Parties shall take the necessary legislative or other measures to ensure that victims of violence against women in need of protection, regardless of their status or place of residence, cannot, under any circumstances, be returned to a country where their lives are at risk or in which they may be subjected to torture or inhuman or degrading treatment or punishment.

    • Chapter VIII: International cooperation Article 62 General principles


      1. The Parties shall cooperate, in accordance with the provisions of this Convention, and in accordance with the relevant international and regional instruments relating to cooperation in civil and criminal matters, with arrangements based on uniform or mutual legislation and their domestic law, to the widest possible extent, for the purposes of:
      (a) Prevent, combat, and prosecute all forms of violence covered by the scope of this Convention;
      (b) To protect and assist victims;
      (c) Conduct investigations or proceedings concerning offences established in accordance with this Convention;
      (d) To apply the relevant civil and criminal judgments rendered by the judicial authorities of the Parties, including protection orders.
      2. Parties 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 that on which they reside may lodge a complaint with the competent authorities of their State of residence.
      3. If a Party that subordinates mutual legal assistance in criminal matters, the extradition or execution of civil or criminal judgments pronounced by another Party to this Convention on the existence of a treaty shall receive a request for such cooperation in judicial matters of a Party with which it has not concluded such a treaty, it may consider this Convention as the legal basis for mutual legal assistance in criminal matters, extradition or enforcement of any other civil law
      4. Parties shall endeavour to include, where appropriate, the prevention and control of violence against women and domestic violence in development assistance programmes conducted for the benefit of third States, including the conclusion of bilateral and multilateral agreements with third States in order to facilitate the protection of victims, in accordance with Article 18, paragraph 5.


      Rule 63
      Measures relating to persons at risk


      Where a Party has, on the basis of information at its disposal, substantial grounds for believing that a person may be subject to any of the acts of violence referred to in Articles 36, 37, 38 and 39 of this Convention in the territory of another Party, the Party with information is encouraged to transmit it promptly to the other Party with the aim of ensuring that appropriate protection measures are taken. Such information shall contain, where appropriate, information on existing protection provisions for the benefit of the person in danger.


      Rule 64
      Information


      1. The requested Party shall promptly inform the requesting Party of the final outcome of the action carried out in accordance with this chapter. The requested Party must also promptly inform the requesting Party of all circumstances that make it impossible to perform the intended action or that are likely to significantly delay it.
      2. A Party may, within the limits of the rules of its domestic law, without prior request, transfer to another Party information obtained under its own investigations where it considers that the disclosure of such information could assist the Party receiving it to prevent the criminal offences established in accordance with this Convention, or to initiate or prosecute investigations or proceedings relating to such criminal offences, or that it may result in a request for cooperation made by that Party in accordance with this chapter.
      3. The Party that receives any information in accordance with paragraph 2 shall communicate it to its competent authorities so that proceedings may be initiated if they are considered appropriate, or that such information may be taken into account in the relevant civil and criminal proceedings.


      Rule 65
      Data protection


      Personal data shall be retained and used in accordance with the obligations of the Parties to the Convention for the Protection of Persons with regard to the automated processing of personal data (STE No. 108).

    • Chapter IX: Monitoring Mechanism Article 66 Panel of Experts on Combating Violence against Women and Domestic Violence


      1. The Panel of Experts on Combating Violence against Women and Domestic Violence (hereinafter referred to as GREVIO) is responsible for ensuring the implementation of this Convention by Parties.
      2. GREVIO is composed of a minimum of 10 members and a maximum of 15 members, taking into account balanced participation between women and men, and a geographically balanced participation, 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 four years, renewable once, and chosen from among nationals of the Parties.
      3. The initial election of ten members shall be held within one year of the date of entry into force of this Convention. The election of five additional members is organized after the twenty-fifth ratification or accession.
      4. The election of GREVIO members is based on the following principles:
      (a) They are chosen in a transparent manner among high morality personalities known for their competence in the field of human rights, equality between women and men, violence against women and domestic violence, assistance and protection of victims, or having a recognized professional experience in the areas covered by this Convention;
      (b) GREVIO cannot include more than one national of the same State;
      (c) They should represent the main legal systems;
      (d) They should represent relevant actors and bodies in the area of violence against women and domestic violence;
      (e) They sit individually, are independent and impartial in the exercise of their mandates and are available to carry out their functions effectively.
      5. The procedure for the election of GREVIO members shall be determined by the Committee of Ministers of the Council of Europe, after consultation and unanimous consent of the Parties, within six months of the entry into force of this Convention.
      6. GREVIO adopts its own rules of procedure.
      7. GREVIO members and other members of delegations responsible for conducting country visits, as set out in Article 68, paragraphs 9 and 14, shall enjoy the privileges and immunities set out in the Annex to this Convention.


      Rule 67
      Committee of the Parties


      1. The Committee of the Parties shall be composed of representatives of the Parties to the Convention.
      2. The Committee of the Parties is convened by the Secretary General of the Council of Europe. Its first meeting shall be held within one year of the entry into force of this Convention in order to elect GREVIO members. It will meet thereafter at the request of a third of the Parties, the Chairman of the Committee of the Parties or the Secretary General.
      3. The Committee of the Parties shall adopt its own rules of procedure.


      Rule 68
      Procedure


      1. The Parties shall submit to the Secretary General of the Council of Europe, on the basis of a questionnaire prepared by GREVIO, a report on legislative and other measures giving effect to the provisions of this Convention for consideration by GREVIO.
      2. GREVIO shall consider the report submitted in accordance with paragraph 1 with the representatives of the Party concerned.
      3. The subsequent assessment procedure is divided into cycles whose duration is determined by GREVIO. At the beginning of each cycle, GREVIO selects the specific provisions on which the assessment procedure will be carried and sends a questionnaire.
      4. GREVIO determines the appropriate means to conduct this evaluation. In particular, it may adopt a questionnaire for each of the cycles that serves as a basis for the evaluation of implementation by Parties. This questionnaire is sent to all Parties. Parties shall respond to this questionnaire and any other request for information from GREVIO.
      5. GREVIO may receive information on the implementation of the Convention of Non-Governmental Organizations and Civil Society, as well as national human rights institutions.
      6. GREVIO duly takes into account existing information available in other regional and international instruments and organizations in areas falling within the scope of this Convention.
      7. When adopting the questionnaire for each assessment cycle, GREVIO shall give due consideration to the collection of existing data and research in Parties, as referred to in Article 11 of this Convention.
      8. GREVIO may receive information on the implementation of the Convention from the Commissioner for Human Rights of the Council of Europe, the Parliamentary Assembly and other relevant specialized bodies of the Council of Europe and those established by other international instruments. Complaints before these bodies and their actions will be made available to GREVIO.
      9. GREVIO may organize, in a subsidiary manner, in cooperation with national authorities and with the assistance of independent national experts, visits to the countries concerned, if the information received is insufficient or in the cases provided for in paragraph 14. During these visits, GREVIO can be assisted by specialists in specific areas.
      10. GREVIO prepares a draft report containing its analysis of the implementation of the provisions on which the assessment procedure is concerned, as well as its suggestions and proposals on how the Party concerned can deal with the identified problems. The draft report is forwarded for comment to the Evaluation Party. Its comments are taken into account by GREVIO when it adopts its report.
      11. On the basis of all information received and comments from Parties, GREVIO adopts its report and conclusions on the measures taken by the Party concerned to implement the provisions of this Convention. The report and conclusions are sent to the Party concerned and the Committee of the Parties. The report and conclusions of GREVIO shall be made public as soon as they are adopted, with any comments of the Party concerned.
      12. Without prejudice to the procedure set out in paragraphs 1 to 8, the Committee of the Parties may adopt, on the basis of the report and the conclusions of GREVIO, recommendations to that Party (a) concerning the measures to be taken to implement the GREVIO conclusions, if necessary by setting a date for the submission of information on their implementation, and (b) with the aim of promoting cooperation with that Party in order to implement this Convention in a satisfactory manner.
      13. If GREVIO receives reliable information indicating a situation in which problems require immediate attention in order to prevent or limit the extent or number of serious violations of the Convention, it may request the urgent submission of a special report on measures taken to prevent serious, widespread or recurring violence against women.
      14. GREVIO may, taking into account the information submitted by the Party concerned and any other reliable information available, designate one or more of its members to conduct an investigation and urgently submit a report to GREVIO. Where necessary and with the consent of the Party, the investigation may include a visit to its territory.
      15. After reviewing the findings of the investigation referred to in paragraph 14, GREVIO shall forward 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 with any further comments and recommendations.


      Rule 69
      General recommendations


      GREVIO may adopt, where appropriate, general recommendations on the implementation of this Convention.


      Rule 70
      Participation of parliaments in follow-up


      1. National parliaments are invited to participate in the follow-up to the measures taken to implement this Convention.
      2. Parties shall submit GREVIO reports to their national parliaments.
      3. The Parliamentary Assembly of the Council of Europe is invited to regularly review the implementation of this Convention.

    • Chapter X: Relations with other international instruments Article 71 Relations with other international instruments


      1. This Convention does not affect obligations arising from other international instruments to which the Parties to this Convention are or will become Parties and which contain provisions relating to substances governed by this Convention.
      2. Parties to this Convention may enter into bilateral or multilateral agreements with each other relating to matters governed by this Convention for the purpose of supplementing or strengthening the provisions of this Convention or facilitating the application of the principles it enshrines.

    • Chapter XI: Amendments to the Convention Article 72 Amendments


      1. Any amendment to this Convention proposed by a Party shall be communicated to the Secretary General of the Council of Europe and shall be transmitted by the Secretary General of the Council of Europe to the Member States of the Council of Europe, to any signatory, to any Party, to the European Union, to any State having been invited to sign this Convention in accordance with the provisions of Article 75 and to any State invited to accede to this Convention in accordance with the provisions of Article 76.
      2. The Committee of Ministers of the Council of Europe shall consider the proposed amendment and, after consultation with the Parties to the Convention that are not members of the Council of Europe, may adopt the amendment by majority under Article 20.d of the Statute of the Council of Europe.
      3. The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 2 will be communicated to the Parties for its acceptance.
      4. Any amendment adopted in accordance with paragraph 2 shall enter into force on the first day of the month following the expiration of one month after the date on which all Parties have informed the Secretary General of their acceptance.

    • Chapter XII: Final clauses Article 73 Effects of the Convention


      The provisions of this Convention shall not affect the provisions of domestic law and other binding international instruments already in force or which may enter into force, and in accordance with which more favourable rights are or would be recognized to persons in respect of the prevention and control of violence against women and domestic violence.


      Rule 74
      Settlement of disputes


      1. Parties to any dispute arising in respect of the application or interpretation of the provisions of this Convention shall seek the solution, first and foremost by negotiation, conciliation, arbitration, or by any other method of peaceful settlement agreed upon by them.
      2. The Committee of Ministers of the Council of Europe may establish settlement procedures that may be used by the Parties to a dispute, if they agree.


      Rule 75
      Signature and entry into force


      1. This Convention is open for signature by the Member States of the Council of Europe, by the non-member States that participated in its preparation and by the European Union.
      2. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
      3. This 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 ten 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.
      4. If a State referred to in paragraph 1 or the European Union subsequently expresses its consent to be bound by the Convention, 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 the instrument of ratification, acceptance or approval.


      Rule 76
      Accession to the Convention


      1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation with the Parties to this Convention and having obtained its unanimous consent, invite any non-member State of the Council of Europe having not participated in the elaboration of the Convention to accede to this Convention by a majority decision provided for in Article 20.d of the Statute of the Council of Europe, and with unanimity of the Contracting Ministers
      2. For any Member 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 to the Secretary General of the Council of Europe.


      Rule 77
      Territorial application


      1. Any State or European Union may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
      2. Any Party may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in that declaration, in which it provides international relations or on whose behalf it is authorized to make commitments. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
      3. Any declaration made under the two preceding paragraphs may, in respect of any territory designated in that declaration, be withdrawn by notification addressed to the Secretary General of the Council of Europe. This withdrawal will take effect 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.


      Rule 78
      Reservations


      1. No reservation shall be permitted with respect to the provisions of this Convention, except as provided for in paragraphs 2 and 3.
      2. Any State or the European Union may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, in a declaration addressed to the Secretary General of the Council of Europe, specify that it reserves the right not to apply, or to apply only in specific cases or conditions, the provisions established to:


      - Article 30, paragraph 2;
      - Article 44, paragraphs 1 (e), 3 and 4;
      - Article 55, paragraph 1, with respect to section 35 with respect to minor offences;
      - Article 58 concerning articles 37, 38 and 39;
      - Article 59.


      3. Any State or the European Union may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, in a declaration addressed to the Secretary General of the Council of Europe, specify that it reserves the right to provide non-criminal sanctions, instead of penal sanctions, for the conduct referred to in Articles 33 and 34.
      4. Any Party may withdraw a reservation in whole or in part by means of a statement addressed to the Secretary General of the Council of Europe. This declaration shall take effect on the date of its receipt by the Secretary General.


      Rule 79
      Validity and review of reservations


      1. The reservations under Article 78, paragraphs 2 and 3, are valid for five years from the first day of the entry into force of the Convention for the Party concerned. However, such reservations may be renewed for periods of the same duration.
      2. Eighteen months before the expiry of the reservation, the Secretary General of the Council of Europe shall inform the Party concerned of this expiry. Three months before the expiry date, the Party shall notify the Secretary General of its intention to maintain, modify or withdraw the reservation. Otherwise, the Secretary General informs this Party that its reservation is automatically extended for a period of six months. If the Party concerned fails to notify its decision to maintain or amend its reservations prior to the expiry of that period, the reservation(s) fall.
      3. When a Party formulates a reservation in accordance with Article 78, paragraphs 2 and 3, it shall provide, prior to its renewal or upon request, explanations to GREVIO as to the reasons for its maintenance.


      Rule 80
      Denunciation


      1. Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
      2. This denunciation shall take effect 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.


      Rule 81
      Notification


      The Secretary General of the Council of Europe shall notify the States members of the Council of Europe, the States not members of the Council of Europe that have participated in the elaboration of this Convention, any signatory, any Party, the European Union, and any State invited to accede to this Convention:
      (a) Any signature;
      (b) The deposit of any instrument of ratification, acceptance, approval or accession;
      (c) Any effective date of this Convention in accordance with Articles 75 and 76;
      (d) Any amendment adopted in accordance with Article 72 and the date of entry into force of that amendment;
      (e) Any reservation and withdrawal of reservation made under article 78;
      (f) Any denunciation made under the provisions of Article 80;
      (g) Any other act, notification or communication relating to this Convention.
      In faith, the undersigned, duly authorized to do so, have signed this Convention.
      Done in Istanbul on 11 May 2011, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each Member State of the Council of Europe, to the non-member States that have participated in the elaboration of this Convention, to the European Union and to any State invited to accede to this Convention.

  • Annex


    Annex
    PRIVILEGES AND IMMUNITIES (ART. 66)


    1. This Annex applies to GREVIO members referred to in Article 66 of the Convention, as well as to other members of delegations responsible for conducting country visits. For the purposes of this annex, the term "other members of the delegations responsible for conducting visits to the country" includes independent national experts and experts referred to in Article 68, paragraph 9, of the Convention, Council of Europe officials and interpreters employed by the Council of Europe who accompany GREVIO during his visits to the country.
    2. The members of GREVIO and other members of the delegations responsible for conducting the visits to the country shall be accorded the privileges and immunities mentioned below in the exercise of their functions related to the preparation and implementation of the visits, as well as to the follow-up to the visits and to travel related to these functions:
    (a) Immunity of arrest or detention and seizure of personal baggage and, with regard to the acts performed by them in their official capacity, including their words and writings, immunity from any jurisdiction;
    (b) Exemption in respect of any restrictive measures relating to their freedom of movement: exit from and entry into their country of residence and entry into and out of the country in which they exercise their functions, as well as in respect of all registration procedures of foreigners, in the countries visited or crossed by them in the performance of their duties.
    3. During the course of the travels performed in the performance of their duties, GREVIO members and other members of the delegations responsible for conducting visits to the country are granted the same facilities as those recognized to representatives of foreign governments on a temporary official mission.
    4. The documents relating to the evaluation of the implementation of the Convention, transported by GREVIO members and other members of the delegations responsible for conducting the country visits, are inviolable as they relate to the activity of GREVIO. No interception or censorship measures may apply to the official correspondence of GREVIO or to the official communications of GREVIO members and other members of the delegations responsible for conducting visits to the country.
    5. In order to ensure that GREVIO members and other members of delegations responsible for conducting visits to the country complete freedom of speech and complete independence in the performance of their functions, the immunity of jurisdiction in respect of words or writings or acts emanating from them in the performance of their duties will continue to be granted to them even after the mandate of these persons has ended.
    6. Privileges and immunities are granted to persons referred to in paragraph 1 of this annex, not for their personal benefit, but for the purpose of ensuring independently the exercise of their functions in the interest of GREVIO. The waiver of immunities granted to persons referred to in paragraph 1 of this annex shall be effected by the Secretary General of the Council of Europe, in any case where, in his opinion, immunity would prevent justice from being done and immunity may be lifted without prejudice to the interests of GREVIO.


Done on February 10, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius

(1) The text entered into force on 1 November 2014.
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