Submission on Domestic Violence To the Oireachtas Committee on Justice, Defence and Equality 28 June 2013
By Emer Costello MEP Leader, Irish Delegation, Socialists & Democrats Group, EP Introduction This submission covers current and planned initiatives at European Union (EU) and at Council of Europe level to combat domestic violence and its suggested recommendations to the Committee on Justice, Defence and Equality are primarily concerned with these. Domestic Violence in Europe Domestic violence, particularly against women and girls, remains one of the most serious structural human rights violations in Europe. One in five women in Europe has suffered physical violence at least once in their life. i It is a phenomenon that involves victims and perpetrators of all ages, educational backgrounds, incomes and social positions. It is both a consequence and a cause of inequality between women and men. According to a September 2010 Eurobarometer survey on attitudes to domestic violence against womenii, 98% of people across the EU were aware of domestic violence, compared to 94% in the previous survey in 1999. One respondent in four across knew a woman among friends or in their family circle who was a victim of domestic violence (19% in 1999). One in five said they knew of someone who committed domestic violence in their circle of friends and family (21% in 1999). 84% stated that domestic violence was unacceptable and should always be punishable by law (63% in 1999). Domestic violence and the EU Art.3 of the Treaty on European Union (TEU) commits the EU to offering its citizens an area of freedom, security and justice. Art.8 of the Treaty on the Functioning of the European Union (TFEU) commits the EU to eliminating inequalities between men and women. Declaration 9 on this article then provides that “in its general efforts to eliminate inequalities between women and men, the Union will aim in its different policies to combat all kinds of domestic violence. The Member States should take all necessary measures to prevent and punish these criminal acts and to support and protect the victims. 1
Following amendments made by the Lisbon Treaty, Art.82.2(c) of the TFEU enhances the EU’s ability to better protect the victims of crime by enabling MEPs and Member States Ministers to adopt directives establishing minimum EU-wide standards to protect victims. This article has since been used to adopt the directive combating the sexual abuse and sexual exploitation of children and child pornography (Directive 2011/92/EU). Ireland has opted-in to this directive and it must now be transposed into domestic law by 18 December 2013, as well as the directive on preventing and combating trafficking in human beings, and protecting its victims (Directive 2011/36/EC), Towards an EU-wide strategy on combating gender-based violence The European Women’s Charter Declarationiii adopted by the European Commission on International Women’s Day in 2010 included a commitment to put in place a comprehensive and effective policy framework to combat gender-based violence. The Commission’s April 2010 Action Planiv implementing the Stockholm Programme Delivering an area of freedom, security and justice for Europe's citizens put emphasis on protecting the victims of crime, including female victims of violence, and announced an EU strategy on gender-based violence. In particular, the Commission committed to producing a Communication on a strategy to combat violence against women, domestic violence and female genital mutilation, to be followed up by an EU action plan by the end of 2012 (p.13). This was reiterated in the Commission’s strategy for equality between women and men (2010-2015)v adopted in September 2010, which set out its commitment (p.24) to adopting an EU-wide strategy on combating violence against women supported by a Europe-wide awareness-raising campaign on violence against women. The Commission, however, has yet to follow through on these commitments. In its November 2012 answervi to a question I had tabled in the European Parliament on this issue, it said that it “remained committed to a strong policy response to combat all forms of violence against women, as seen in the Stockholm Programme and the 20102015 gender equality strategy”, but it gave no explanation as to why the end 2012 deadlines had not been met, nor when it would now meet these commitments. As part of such a strategy, the European Parliament has called on the Commission to prepare a directive against gender-based violence laying down minimum Europeanwide standards and penalties, based in part on the new Art.82.2(c) and to urge all Member States to ratify the Council of Europe 2011 Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). Recommendation: The Committee should urge the European Commission to come forward with its promised EU-wide strategy to combat violence against women, including a directive laying down minimum standards against gender-based violence, and urge all Member States to ratify the Council of Europe Istanbul Convention. 2
The EU DAPHNE programme Based originally on a European Parliament pilot project, the EU has been operating the DAPHNE programme since 1997. This provides direct financial support for transnational projects aimed at preventing and combating violence against women, children and young people across the EU. Irish organisations that have taken part in DAPHNE-funded projects include the Dept. of Justice, the COPINE project in UCC, ICTU, the IFPA, ISPCC, the National Council for the blind, and Women’s Aid, amongst others. From 2014, the Commission has proposed that the DAPHNE programme form part of the new EU ‘Rights and Citizenship’ programme. However, combating violence against children, teenagers and women is not explicitly listed as among the ‘Specific Objectives’ (Art.4) of the Commission’s proposal for the Rights and Citizenship’ programme (COM(2011)0758).vii There is a danger that this could undermine the DAPHNE programme’s future visibility and consistency. The European Parliament has sought to address this omission by proposing the inclusion of explicit references to combating violence against women, children, and young people in its draft report viii on the new programme, which it is currently negotiating with EU Justice Ministers. So far, the Justice Ministers have not formally adopted a position on this matter. Recommendation: The Committee should support the inclusion of a clear reference to combating violence against women, children and young people in the ‘Specific Objectives’ (Art.4) for the EU ‘Rights and Citizenship’ programme (201420). Protecting the victims of domestic violence Based on the enhanced provisions on protecting crime victims now offered by the Lisbon Treaty (Article 82.2(c), TFEU), the European Parliament and the Council have adopted a number of measures over the past year to better protect the victims of crime, including the victims of domestic violence. These include: i)
The victims’ rights directive
Directive 2012/29/EU was adopted by MEPs and the Council of Ministers in September and October 2012 respectively. It seeks to establish minimum standards on the rights, support and protection of victims of crime, including victims of domestic violence, wherever they are in the EU. It is aimed, inter alia, at ensuring that particular support is given to female victims, especially if the alleged perpetrator is a family member, and to vulnerable victims such as children. The victims’ rights directive now has to be transposed into Irish law by 16 November 2015 at the latest. Recommendation: The Committee should monitor the planned transposition into Irish law of the Victims’ Rights Directive and urge the Dept. of Justice to give consideration to transposing it before the November 2015 deadline.
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ii)
The Mutual Recognition of Civil Law Protection Orders Regulation
This regulation, adopted by MEPs and Member States’ Justice Ministers on 6 June 2013 (and which has yet to be published in the EU Official Journal), provides for the mutual recognition of civil law protection orders to as to ensure that the victims of violence, including domestic violence, can rely on civil law restraint or protection orders issued against the perpetrator if the victim travels or moves to another participating Member State (i.e. all bar Denmark). Ireland has opted-in to this measure. This regulation does not have to be transposed into Irish law and will take effect from 11 January 2015. iii)
The Mutual Recognition of Criminal Law Protection Measures Directive
Directive 2011/99/EU provides for the mutual recognition of Member States’ criminal law protection measures. Unlike the situation with regard to the above regulation, Ireland has not opted-in to this directive. It is due to be transposed by all participating Member States by 11 January 2015. Recommendation: The Committee should urge the Government to consider opting in to Directive 2011/99/EU, so as to complement the implementation in Ireland of the regulation on the mutual recognition of civil law protection orders. The European Institute for Gender Equality The European Institute for Gender Equality (EIGE) supports EU Member States and the EU institutions in their efforts to combat domestic violence, including by collecting and providing them with comparable and reliable data and resources on domestic violenceix. Recommendation: If it has not already done so, the Committee should invite representatives of the European Institute for Gender Equality to address it on the issue of combating domestic violence. Recommendations To conclude, with regard to current and planned EU and Council of Europe initiatives on domestic violence, I would recommend that the Committee on Justice, Defence and Equality: •
Urge the European Commission to come forward with its promised EU-wide strategy to combat violence against women, including a draft directive laying down minimum standards against gender-based violence;
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Urge the Government to ratify the Council of Europe 2011 Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); 4
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Support the inclusion of a clear reference to combating violence against women, children and young people in the ‘specific objectives’ (Art.4) of the planned EU ‘Rights and Citizenship’ programme (2014-20);
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Monitor the transposition into Irish law of the new victims’ rights directive (Directive 2012/29/EU) and urge the Government to give consideration to transposing it before the November 2015 deadline;
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Urge the Government to consider opting-in to the new directive providing for the mutual recognition of criminal law protection orders (Directive 2011/99/E) from 11 January 2015 so as to complement the implementation in Ireland of the regulation on the mutual recognition of civil law protection orders from the same date;
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If it has not already done so, to consider inviting representatives of the European Institute for Gender Equality to address it on the topic of combating domestic violence in Europe.
Emer Costello MEP Leader, Irish Delegation, Socialists & Democrats Group, European Parliament 28 June 2013
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i Council of Europe, Combating violence against women: Stocktaking study on the measures and actions taken in Council of Europe member states (2006) http://www.coe.int/t/dghl/standardsetting/equality/03themes/violence-againstwomen/CDEG(2006)3_en.pdf ii Domestic violence against women� Special Eurobarometer survey 344 http://ec.europa.eu/public_opinion/archives/ebs/ebs_344_en.pdf
iii P.4 http://ec.europa.eu/commission_2010-2014/president/news/documents/pdf/20100305_1_en.pdf iv Action Plan to implement the Stockholm programme - COM(2010)171 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0171:FIN:EN:PDF v Strategy for equality between women and men (2010-2015) - COM(2010)0491 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0491:FIN:en:PDF
vi E-009615/2012 - Answer given by Ms Reding on behalf of the Commission (30.11.2012) http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fTEXT%2bWQ%2bE-2012009615%2b0%2bDOC%2bXML%2bV0%2f%2fEN&language=EN vii http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE492.614+01+DOC+PDF+V0//EN&language=EN viii Amendments 120-129 of EP Civil Liberties Committee draft report (Goncz report) http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE492.614+01+DOC+PDF+V0//EN&language=EN ix http://eige.europa.eu/content/activities/gender-based-violence