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Violence, particularly violence within the family, is an area which the CoE has given particular attention. Recommendation No R (85) 4 on…
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The Council of Europe (CoE) is committed to preventing and combating violence against women with the view that protecting and promoting women's human rights implies taking action to fight interferences with their liberty and dignity. Guidelines have been drafted to assist member states in the preparation and/or modification of legislation and policies to combat violence against women.
Violence, particularly violence within the family, is an area which the CoE has given particular attention. Recommendation No R (85) 4 on violence in the family was adopted by the Committee of Ministers in 1985 addressing the psychological, social, criminal and family law aspects of violence against women. As a follow-up, Recommendation No R (90) 2 on social measures, regarding violence within the family was later adopted.
Within the framework of human rights, combating violence against women has become increasingly important, not only that it is an issue in European societies, but one that it is a global, structural and societal problem, and one for which States have a responsibility. The theme of the 3rd European Ministerial Conference on Equality of the Council of Europe(Rome 1993) was "Strategies for the elimination of violence against women in society: the media and other means". The Ministers adopted a Declaration recommending the drafting and implementation of a concerted Plan of Action to combat violence, including the appropriate legal instruments. To this end, a group of specialists to combat violence against women was set up, which undertook a thorough investigation of the situation, and produced the Plan of Action at the European level. The Plan of Action includes an evaluation of the situation as well as legislative, judicial and police aspects, together with aspects of prevention, education, assistance to victims and perpetrators of violence. Moreover, in the Final Declaration of the Second Summit of the Council of Europe, the Heads of State and Government affirmed "their determination to combat violence against women and all forms of sexual exploitation of women".
Recently, a group of specialists has been established for the implementation of and follow-up to Recommendation (2002) 5 of the Committee of Ministers to member states on the protection of women against violence, which was adopted on 30 April 2002 by the Committee of Ministers. The Recommendation addresses all aspects of violence against women including rape and sexual violence, sexual harassment, domestic violence, and genital mutilation. It includes comprehensive measure that States must take including enacting and amending legislation and promoting education. Therefore, the CoE recognizes that states have an obligation to exercise due diligence to prevent, investigate and punish acts of violence, whether those acts are perpetrated by the state or private persons, and provide protection to victims. To this end, states are called upon to encourage all relevant institutions dealing with violence against women (police, medical and social professions) to draw up coordinated action plans, which provide activities for the prevention of violence and the protection of victims.
Analysis provided by: Maggie Smieszek, Legal Expert.