The Council of Europe Convention on preventing and combating violence against women and domestic violence, or the so-called Istanbul Convention, enters into force in Latvia.
On December 13 of last year, President Edgars Rinkēvičs announced the law adopted by the Saeima on the ratification of the so-called Istanbul Convention in Latvia. In accordance with the intention of the ruling coalition, the convention was approved with the reservation that in its implementation Latvia will apply the values, principles and norms contained in the Constitution, especially with regard to the protection of human rights, the equality of women and men and the protection and support of the rights of marriage, family, parents and children.
The Ministry of Welfare (MOW) previously stated that the convention creates a comprehensive and multifaceted legal framework to protect women from all forms of violence and to protect women and men from domestic violence.
The Convention requires member states to develop a coherent policy on violence against women and domestic violence, as well as state institutions to implement inter-institutional cooperation with non-governmental organizations, civil society and the media.
Also, the convention calls for the involvement of all competent state institutions and services so that violence against women and domestic violence can be dealt with in a coordinated manner,
when developing the regulations governing cooperation, emphasized the LM. At the same time, it emphasizes the need to collect statistical data on cases of violence against women and domestic violence.
The convention also contains norms that already follow from other regulatory acts and do not impose additional obligations on Latvia. For example, the Convention contains a non-discrimination clause, which is a standard article in many national and international laws. The Latvian Constitution also stipulates that all people in Latvia are equal before the law and the court and that human rights are exercised without any discrimination.
The law stipulates that Latvia will retain the right not to apply the first part of Article 55 of the Convention in relation to minor personal injuries included in Article 35 of the Convention. Thus, Latvia will retain the right not to apply the condition that the investigation and prosecution of physical violence does not depend solely on the application or complaint submitted by the victim of violence in cases where the offense was fully or partially committed on the territory of the member state, and that legal proceedings can be continued even if the victim of violence has withdrawn his testimony or complaint.
The Istanbul Convention is an international document that sets specific standards and measures for combating violence, as well as the goal of creating an inclusive, integrated and gender-sensitive approach to the prevention and eradication of violence and abusive behaviour. Namely, the mission and goal of the Istanbul Convention is to eliminate violence against women and domestic violence by promoting gender equality.
The Istanbul Convention is primarily focused on women, as it covers forms of violence that only women suffer (forced abortion, female genital mutilation) or that women face more often than men (sexual violence and rape, stalking, sexual harassment, domestic violence, forced marriage, forced sterilisation), however the Convention encourages its provisions to be applied to all victims of domestic violence, including men and children.
With the ratification of the convention, preventing and combating violence is no longer a matter of the will of individual politicians, but a legal obligation of the state under international law. Ratification involves changing laws, implementing practical measures and securing funding to achieve zero tolerance for violence against women and domestic violence. Furthermore, the Convention makes it clear that violence against women and domestic violence can no longer be considered a private matter and that States must take a stand and take measures to prevent violence, protect victims and punish perpetrators.
It has already been reported that the former Minister of Welfare Jānis Reirs (JV) signed the Council of Europe Convention on preventing and combating violence against women and domestic violence, or the so-called Istanbul Convention, in Bulgaria, Sofia, on behalf of Latvia in 2016.
The ratification of the Istanbul Convention has been a “hot potato” for politicians for several years. Supporters of the ratification believe that it will give more impetus and support to the fight against violence against women, while opponents are concerned about the impact of the possible understanding of the term “gender” in the document in various areas, including education.
The previous Prime Minister Krišjānis Kariņš (JV) also tried to achieve the ratification of the Istanbul Convention, naming it as one of the tasks that should have been completed by the expanded coalition he envisioned at the end of last spring.
However, the expansion of the previous coalition failed and when Kariņas left the post of prime minister, a government headed by Prime Minister Evikas Silinas (JV) was formed. The current coalition, led by Silina, consists of “New Unity”, the Union of Greens and Farmers and “Progressives”, committed to ratify the Istanbul Convention in 2023 in the annex to the coalition agreement.
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