MOTION FOR A RESOLUTION on the EU’s accession to the Istanbul Convention on preventing and combating violence against women
25.11.2019 - (2019/2855(RSP))
pursuant to Rule 132(2) of the Rules of Procedure
Jadwiga Wiśniewska, Nicola Procaccini, Beata Kempa, Zdzisław Krasnodębski
on behalf of the ECR Group
B9‑0224/2019
European Parliament resolution on the EU’s accession to the Istanbul Convention on preventing and combating violence against women
The European Parliament,
– having regard to Article 2 and Article 3(3), second subparagraph, of the Treaty on European Union (TEU) and Article 8 of the Treaty on the Functioning of the European Union (TFEU),
– having regard to Articles 21, 23, 24 and 25 of the Charter of Fundamental Rights of the European Union,
– having regard to the UN legal instruments in the sphere of human rights, in particular those concerning women’s rights, such as the UN Charter, the Universal Declaration of Human Rights, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1951 Convention relating to the Status of Refugees, which sets out the principle of non-refoulement, and the UN Convention on the Rights of Persons with Disabilities,
– having regard to Article 11(1)(d) of the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN General Assembly by means of resolution 34/180 of 18 December 1979,
– having regard to the EU guidelines of 8 December 2008 on violence against women and girls and combating all forms of discrimination against them,
– having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime[1],
– having regard to Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order[2] and to Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters[3],
– having regard to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims[4] and to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography[5],
– having regard to Council Decision (EU) 2017/865 of 11 May 2017 on the signing, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters[6],
– having regard to Rule 132(2) of its Rules of Procedure,
A. whereas equality between men and women is a core value of the EU and is enshrined in Article 23 of the Charter of Fundamental Rights of the European Union;
B. whereas violence against women is still a phenomenon within the EU; whereas women still experience online harassment, rape and sexual violence;
C. whereas violence against women and men should not be dismissed as a private issue, since it is in fact a criminal offence that must be punished as such, which is the case in all the EU Member States, where the competence to identify and prosecute such offences remains;
D. whereas no single intervention will eliminate violence against women and men, but a combination of infrastructural, legal, judicial, enforcement, cultural, educational, social, health and other service-related measures can significantly raise awareness and reduce violence and its consequences;
1. Recalls that the Member States are bound by Article 2 of the TEU and by the Charter of Fundamental Rights to guarantee, protect and promote gender equality;
2. Strongly condemns all forms of violence against women and girls, and stands with all those who suffer under domestic abuse; is concerned, however, that incidents of violence against men perpetrated by a spouse or partner are under-reported by male victims and are not given due attention by police and judicial services;
3. Notes that violence against women and men can include physical abuse, emotional abuse, isolation, threats, sexual abuse, economic abuse, intimidation, the manipulative use of children or pets and other forms of extortion; stresses that in the case of pregnant women, domestic violence has a negative impact on maternal and child health;
5. Recalls that 25 November is the International Day for the Elimination of Violence against Women and therefore calls on the Member States to work together to share best practices and exchange effective ways of preventing violence and protecting men and women from gender-based violence;
6. Notes that all Member States have signed the Council of Europe’s Istanbul Convention on preventing and combating violence against women and domestic violence, which highlights the political will among Member States to put a stop to violence against women; acknowledges that 21 Member States have ratified the Convention; stresses that it is the sovereign right of a Member State to ratify and implement the Convention and its provisions;
7. Takes note of the fact that Council Decision (EU) 2017/865 stipulates that: ‘The Convention should be signed on behalf of the Union as regards matters falling within the competence of the Union insofar as the Convention may affect common rules or alter their scope. This applies, in particular, to certain provisions of the Convention relating to judicial cooperation in criminal matters and to the provisions of the Convention relating to asylum and non-refoulement. The Member States retain their competence insofar as the Convention does not affect common rules or alter the scope thereof’;
8. Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States and the Parliamentary Assembly of the Council of Europe.