4th GENERAL REPORTON GREVIO’S ACTIVITIESGREVIOGroup of Experts on
Action against Violenceagainst Women andDomestic Violence

covering the period fromJanuary to December 2022

4th GENERAL REPORTON GREVIO’S ACTIVITIESGREVIOGroup of Experts on
Action against Violenceagainst Women andDomestic Violence

covering the period fromJanuary to December 2022

Council of Europe

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Contents
FOREWORD BY IRIS LUARASI, PRESIDENT OF GREVIO (June 2021- May 2023)
ACTIVITIESIntroduction
GREVIO meetings
Evaluation visits and procedures
HUDOC-GREVIO database
MEMBERSHIP AND BUREAU
SIGNATURES AND RATIFICATIONS OF THE CONVENTION
Signatures and developments regarding the applicationof the Istanbul Convention
Challenges for the Istanbul Convention
Reservations
COMMUNICATION
Publications
Communication around the International Day for the Eliminationof Violence against Women
Participation in events
Online HELP courses on violence against women
FOCUS SECTION: APPROACHES TAKEN IN STATES PARTIES TO THE ISTANBULCONVENTION ON THE CRIMINALISATION AND PROSECUTION OF SEXUAL VIOLENCE,INCLUDING RAPE
Introduction
The Istanbul Convention – a comprehensive framework to preventand punish sexual violence, including rape, and to protect victims
Different approaches in the criminalisation of sexual violence, including rape
Analysis of positive practices identified by GREVIO in the fields of investigation,prosecution, procedural law and protective measures
The role and importance of rape crisisand sexual violence referral centres
Conclusion
RELATIONS WITH THE COMMITTEE OF THE PARTIES
CO-OPERATION WITH OTHER COUNCIL OF EUROPE BODIES AND INSTITUTIONS
Committee of Ministers
Parliamentary AssemblyCommissioner for Human Rights
European Court of Human Rights
Gender Equality Commission
The Co-operation Unit of the Gender Equality Division
Group of Experts on Action against Trafficking in Human Beings (GRETA)

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Steering Committee for the Rights of the Child
68
Cybercrime Division
69
Special Representative of the Secretary General on Migration and Refugees
69
CO-OPERATION WITH CIVIL SOCIETY AND NATIONAL INSTITUTIONS FOR THE
PROTECTION OF HUMAN RIGHTS
70
Role of NGOs and civil society, including national human rights institutions
70
Findings of GREVIO on state recognition of and support for NGOs and civil society 71
CO-OPERATION WITH INTERNATIONAL ORGANISATIONS
73
United Nations
73
Platform of Independent Expert Mechanisms on Discrimination
and Violence against Women (EDVAW Platform)
74
Organization for Security and Co-operation in Europe (OSCE)76
European Union
77
CONCLUDING REMARKS78
APPENDIX 1 - LIST OF GREVIO’S ACTIVITIESBETWEEN JANUARY 2022 AND DECEMBRE 2022
80
APPENDIX 2 – TIMELINE OF GREVIO’S BASELINE EVALUATION PROCEDURE (2016 - 2024)
81
APPENDIX 3 – SIGNATURES AND RATIFICATIONS OF THE COUNCIL OF EUROPE
CONVENTION ON PREVENTING AND COMBATING VIOLENCEAGAINST WOMEN AND DOMESTIC VIOLENCE83
APPENDIX 4 – LIST OF GREVIO MEMBERS
85
APPENDIX 5 - GREVIO’S SECRETARIAT (FROM JANUARY 2022 TO DECEMBER 2022)
86
APPENDIX 6 – WORKFLOW OF THE MONITORING MECHANISM
87

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Foreword by Iris Luarasi,
President of GREVIO(June 2021- May 2023)
This 4th General Report of the activities of the Group of Experts on Action against
Violence and Domestic Violence (GREVIO), which I have had the pleasure to chairsince June 2021, provides a detailed overview of our work in 2022; a year of intense
activity and many achievements. Strong and unconditional support for women’s
empowerment and rights is still needed to sustain progress in implementing the
Istanbul Convention and countering backlash or misinformation about its goals,
which is to protect all women and girls from gender-based violence.
On the very positive side, there was major progress in terms of ratifications, as three
additional states parties, namely the Republic of Moldova, Ukraine and the United
Kingdom, joined the convention in 2022, demonstrating their commitment to better protect women from gender-based violence by upholding their conventional
obligations. We had the highest number of new ratifications, per year, since 2018,bringing the total number of states parties to 37. The Declaration on the Preventionof Domestic Violence, Sexual and Gender-based Violence (Dublin Declaration) signedby 38 Ministers in September 2022, in the framework of the Irish Presidency of theCommittee of Ministers of the Council of Europe, also called on more states to ratify► Page 5the Istanbul Convention and outlined various measures to promote gender equality,with the aim of preventing violence against women, in line with the convention.
The added value of GREVIO’s monitoring mechanism and expertise has continued
to gain significant recognition over the years, as it contributes to supporting andguiding parties to improve the compliance of their legal and policy frameworks tocombat violence against women with the provisions of the Istanbul Convention.
GREVIO’s baseline evaluation procedure and its process of constructive dialogue
with national governments and civil society moved forward in 2022 with the publication of nine new reports covering Romania, Germany, Bosnia and Herzegovina,
Iceland, Switzerland, Estonia, Georgia, Cyprus and Norway, which received extensive
media coverage.
The focus section included in this report (Chapter VI) addresses legal and policychanges on the criminalisation and prosecution of sexual violence, including women’s
access to justice and specialised support services. Various states parties have moved,or are moving away, from a legal definition of sexual violence requiring the use offorce or coercion by the perpetrators, in order to criminalise all non-consensual sexualacts, in accordance with Article 36 of the convention. Furthermore, the baseline
evaluation procedure has brought to light promising practices in the investigation and prosecution of sexual violence to decrease attrition rates and promote a
gender-sensitive and victim-centred criminal justice response. It also highlighted
the essential role of rape crisis and sexual violence referral centres in supporting
women victims, not only in their access to criminal justice but also their access totrauma-informed medical, psychological and legal support. The focus section also
uncovers gaps in the legal framework regarding rape in several states parties, whichis still based on force, as well as the need for states parties to pursue efforts to ensure
effective access to justice for all women victims in practice.
As the baseline evaluation procedure neared completion, the year 2022 was also
marked by key advances in the drawing up of GREVIO’s approach to its next roundof thematic evaluation. Guided by the provisions of the Istanbul Convention, we
embarked on substantive exchanges, including at an ad hoc meeting dedicated todrafting a questionnaire for the first thematic round of evaluation. In October 2022,
this discussion process culminated in GREVIO’s adoption of its new questionnaire,“Building trust by delivering support, protection and justice”. The new evaluation
round has been launched for 2023 and I look forward to seeing its results and
GREVIO’s future work.
Beyond its monitoring work, GREVIO has also played a crucial role in enabling international synergies for advancing women’s right to live free from violence. Internationally,
GREVIO co-operates with the United Nations and other regional independent
expert mechanisms on women’s rights, through the Platform of Independent Expert
Mechanisms on Discrimination and Violence against Women (EDVAW). In February2022, I took over the presidency of the EDVAW Platform for a one-year mandate
focused on the digital dimension of violence against women. My presidency wasmarked by the holding of high-level conferences, including a side event at the 66th
session of the Commission on the Status of Women and the launch of the EDVAW
Platform’s first thematic paper on the digital dimension of violence against women.
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On a separate note, there was also a continuation of the process of cross-fertilisation
between GREVIO and the European Court of Human Rights in 2022. Several judgments of the European Court of Human Rights on violence against women referred
to GREVIO’s findings and the Court’s jurisprudence remains an important source
for GREVIO’s work. In 2022, GREVIO also maintained strong dialogue with otherinternational organisations and Council of Europe bodies, demonstrating the wide
recognition of its expertise in the European and global arena.
As part of an advisory and/or representative role, GREVIO and its Secretariat havepromoted the implementation of the Istanbul Convention. As part of the project“Ending violence against women: multi-country programme” (2022-2025), the firstmeeting of national co-ordinating bodies set up pursuant to Article 10 of the convention was held in Helsinki, in November 2022, allowing state officials from 21 states
parties to learn about ways to ensure multi-agency policy co-operation in preventing
and combating violence against women. The Secretariat to the Istanbul Convention
also organised a first follow-up round table in Albania, in November 2022, aimed atpromoting national dialogue on the progress and challenges in addressing GREVIO’sfindings.
Finally, as part of the project “Reinforcing the fight against violence against women anddomestic violence – Phase III” (2021-2023), an assessment was carried out to evaluate
the alignment of measures in Kosovo* with the standards of Istanbul Convention,using GREVIO’s methodology, which culminated in the publication of an assessment
report. Furthermore, GREVIO’s publications and participation in events have contributed to sustaining dialogue on tangible ways to implement the Istanbul Convention,
including combating the digital dimension of violence against women, preventing
violence against women and girls through formal and informal education, andensuring that all women victims of violence, including those at risk of intersectional
discrimination, are equally protected and supported.
Changes in GREVIO’s composition also occurred during the period under review,as the mandate of five GREVIO members ended on 31 August 2022. Consequently,
the Committee of the Parties elected four new members and re-elected one former
member, in June 2022, for a four-year mandate.
This is my last foreword in a general report on GREVIO’s activities, as my mandate
as GREVIO member and president is due to expire at the end of May 2023. It has
been an immense privilege to belong to this Group of Experts for eight years, and tochair it for the last two. I take away with me the numerous discussions, evaluations,
events and exchanges in which I participated over the years, building with my fellow
GREVIO members the body of evaluation work that GREVIO proudly represents now.
I would like to warmly thank all GREVIO members for their outstanding contribution
to our collective evaluation work.
In 2022, GREVIO’s monitoring work, knowledge exchange and participation in international and national events paved the way for critical advancements in the right of* All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice
to the status of Kosovo.

Foreword by Iris Luarasi, President of GREVIO (June 2021- May 2023) ► Page 7

women to be safe and empowered. Through the promotion of a gender-sensitive,
human rights-based and intersectional approach to ending violence against women,
GREVIO’s findings have been crucial to inspiring tangible legal and policy changes,
while gathering support from international organisations, national authorities andcivil society across Europe and beyond. In a context of persistent obstacles – including the backlash against women’s rights, the continuous aggression of the RussianFederation against Ukraine, political and environmental concerns forcing many toleave their countries and migrate, the lasting effects of the Covid-19 pandemic, andeconomic downturn – efficient measures to prevent and combat violence against
women, in line with the Istanbul Convention and GREVIO’s guidance, need to be apriority to make a reality the right of every woman and girl to live a life free fromviolence.

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Activities
Introduction
GREVIO, the Group of Experts on Action against Violence against Women and Domestic
Violence, is the independent body set up under Article 66 of the Council of Europe
Convention on Preventing and Combating Violence against Women and Domestic
Violence (Istanbul Convention; CETS No. 210) that is responsible for the monitoringof that convention. GREVIO is composed of 15 independent and impartial experts ofhigh moral character with expertise in the field of violence against women. Their termof office is four years, renewable once. At the European level, GREVIO is currently
the only independent panel of experts monitoring the implementation of binding
international legal provisions in the area of violence against women.
GREVIO launched its first (baseline) evaluation procedure in spring 2016, after
adopting a questionnaire on legislative and other measures giving effect to the
Istanbul Convention in its entirety. Working on a country-by-country basis, GREVIO
carries out a first (baseline) evaluation of each country that has ratified the convention. GREVIO initiates this procedure by addressing a questionnaire to the state party
concerned, inviting the authorities to respond by way of a comprehensive reportin which all the relevant issues raised by the questionnaire should be addressed.
GREVIO also collects additional information from various other sources, including
non-governmental organisations (NGOs), other members of civil society, national
human rights institutions, Council of Europe bodies (Parliamentary Assembly, Human
Rights Commissioner and other pertinent bodies) and other international treaty bodies. After analysing the state report, GREVIO carries out an evaluation visit to the stateparty concerned and subsequently draws up its draft evaluation report. The draft
report is discussed in a meeting and, following its approval by GREVIO, it is sent to therelevant national authorities for comments. Following the receipt and consideration► Page 9

of these comments, GREVIO draws up and adopts a final report. GREVIO’s baseline
evaluation report is made public on the Istanbul Convention website, together
with any final comments received from the state party concerned. The Committeeof the Parties, which is the other tier of the monitoring process, composed of therepresentatives of the parties to the convention, subsequently receives GREVIO’sreports and may adopt, on the basis of GREVIO’s conclusions, recommendations
addressed to each of the Parties (for a workflow of the monitoring mechanism of
the convention, see Appendix 6).

GREVIO meetings
In the course of the reporting period, GREVIO held a total of three meetings, lasting either four or five days. Due to the limitations linked to the Covid-19 pandemic,
the first GREVIO meeting in 2022 (being the 26th consecutive meeting since thefounding of GREVIO) was held in March and took place in a hybrid format, withmost GREVIO members participating in person at the headquarters of the Councilof Europe in Strasbourg, France (four members joined the meeting virtually). The
two subsequent meetings, which took place in June and October of 2022 (the 27thand 28th meetings, respectively), were held in person at the seat of the Council ofEurope in Strasbourg, France.
During these meetings, GREVIO considered and adopted its baseline evaluation
reports in respect of Bosnia and Herzegovina, Cyprus, Estonia, Georgia, Germany,
Iceland, Norway, Romania and Switzerland. Moreover, at its 26th meeting in March
2022, GREVIO adopted the 3rd General Report on its activities, covering the work
undertaken between January and December of 2021.
In addition, GREVIO held several discussions in 2022 to define the scope of its second
evaluation round, following on from the baseline evaluation procedure. Guided by
the standards of the Istanbul Convention, GREVIO embarked on exchanges on theconvention’s provisions to select, proposing various approaches and emphasising
the need to ensure that the four pillars of the convention be covered, while being
selective in its approach. The need for careful reflection emerged clearly from thediscussion at its 26th meeting, in March 2022. It was therefore decided to hold an ad
hoc meeting on 12 April to allow GREVIO to reflect in more detail on the provisions
to be included in the next questionnaire as well as on the possible theme uniting
them all. After further rounds of discussion, at its 28th meeting in October, GREVIO
adopted its new questionnaire – “Building trust by delivering support, protection andjustice” – to be used for the first thematic round of evaluation and decided to launch
this new evaluation round in the same order of states parties as had been done forthe baseline evaluation round. The new questionnaire was adopted in accordancewith Article 68, paragraph 3, of the Istanbul Convention and Article 30 of the Rulesof Procedure of GREVIO, which mandate GREVIO, following the completion of its
baseline evaluation procedure on the full spectrum of provisions of the convention byeach state party, to carry out subsequent evaluation procedures divided into rounds.
During its meetings GREVIO held several thematic discussions. At the 26th meetingin March, GREVIO member Vladimer Mkervalishvili gave a presentation on the topic
of violence against women in the media context, which was followed by a discussion
Page 10 ► 4th General Report on GREVIO’s activities

focusing on the importance of ensuring adequate media reporting of domestic
violence, rape and other forms of violence against women in all states parties. The
discussion centred on issues such as the role of the media in reporting violenceagainst women, the importance of the manner in which the victim is portrayed in
the media and media practices that could be used to better shape the discourse
about violence against women.
At the same meeting, GREVIO members discussed the various approaches to theterm “gender” and its meaning in the context of efforts to prevent and combat violence against women, as set out in the Istanbul Convention. The group took noteof false narratives about the requirements of the Istanbul Convention on states
parties. GREVIO reiterated the need to continue to join forces to better protect
women and girls from gender-based violence, by ensuring that the standards ofthe Istanbul Convention apply to all women and girls, irrespective of their sexual
orientation or gender identity.

Evaluation visits and procedures
During the period under review, GREVIO carried out baseline evaluation visits to sevenstates parties, Croatia, Cyprus, Estonia, Iceland, Luxembourg, North Macedonia andSwitzerland. The duration of each of the visits was five days, except for the visit to
Luxembourg, which lasted four days. GREVIO also initiated the first baseline evaluation procedures in relation to Greece, Ireland, Liechtenstein, Ukraine and the United
Kingdom. The visits in respect of the first three states parties are scheduled to takeplace in 2023, and the latter two in 2024. In addition, a state report and reports andinformation submitted by civil society organisations were received in respect ofGreece, ahead of the visit initially scheduled for late 2022 but then postponed toearly 2023. GREVIO’s baseline evaluation procedure is organised on the basis of aprovisional timetable covering the period from 2016 to 2024 (see Appendix 2), which
has been amended to adapt to specific circumstances, including the constraints
resulting from the Covid-19 pandemic, and to include new states parties joining
the Istanbul Convention.
Despite the relaxation of restrictions related to the Covid-19 pandemic during theperiod under review, some limitations remained in place, which continued to hinder
direct exchanges with stakeholders on the ground. GREVIO nevertheless managed tocarry out its on-site evaluation visits, which are vital for accurately comprehending
the legal and policy framework on violence against women and domestic violence
and its implementation in practice. GREVIO’s evaluation visits were essential for
providing direct insight into the efforts, approaches and measures to prevent andcombat violence against women in the states parties under review. Through its
meetings with state and civil society actors, GREVIO could assessed the situationon the ground, including visits to support services for women victims of violence,such as domestic violence shelters, counselling services and reception centres for
asylum seekers.
Activities ► Page 11

HUDOC-GREVIO database
Following the success of the HUDOC database of the European Court of Human
Rights, the HUDOC-GREVIO database
was launched in March 2020 and wasregularly updated during the period under review in order to enable public users
to search through the documents published by GREVIO. Users can apply various
filters, including by articles, keywords (forms of violence, target groups, etc.) andtypes of GREVIO proposals to states parties, and retrieve the relevant information.
The following types of documents are available in the HUDOC-GREVIO database,in English and French:► GREVIO baseline evaluation reports, and related final government comments;► Recommendations issued by the Committee of the Parties;► GREVIO activity reports;► GREVIO general recommendation.
The database continues to be widely used as a public source for all documents
published by GREVIO.

Page 12 ► 4th General Report on GREVIO’s activities

Membership and Bureau

G

REVIO’s mandate and composition requirements are set out in Article 66,
paragraphs 1 and 2, of the Istanbul Convention and further expanded on in
Resolution CM/Res(2014)43 of the Committee of Ministers on rules on theelection procedure of the members of the Group of Experts on Action against Violenceagainst Women and Domestic Violence (GREVIO). Article 66 provides that GREVIO
shall have between 10 and 15 members, depending on the number of parties to theconvention, and that it shall take into account a gender and geographical balance,
as well as multidisciplinary expertise in the area of human rights, gender equality,
violence against women and domestic violence, or in the assistance to and protectionof victims. GREVIO members should therefore be nationals of states parties to theconvention, be nominated by them and elected by the Committee of the Parties fora four-year term, renewable once.
The first 10 GREVIO members were elected on 4 May 2015, for a term of four years. The
ratification of the Istanbul Convention by Germany on 12 October 2017 brought the
total number of ratifications to 25, triggering the procedure to fill the remaining fiveseats on GREVIO. The Committee of the Parties subsequently elected, at its fifth meeting on 24 May 2018, five additional members, with a mandate of four years startingon 1 September 2018. Since the mandate of these five GREVIO members ended on
31 August 2022, the Committee of the Parties proceeded with an election at its
12th meeting, on 8 June 2022. Following this election, the committee elected the following 5 experts to serve as GREVIO members, as from 1 September 2022, for a four-year► Page 13

term: Päivi Hirvela (Finland), Aleid van den Brink (Netherlands), Ellen O’Malley-Dunlop(Ireland), Laura Albu (Romania) and Grzegorz Wrona (Poland). While Aleid van den Brink
was re-elected for a second mandate, four other GREVIO members – Rachel Eapen Paul
(Norway), Sabine Kräuter-Stockton (Germany), Vladimer Mkervalishvili (Georgia) andPer Arne Håkansson (Sweden) – ended their mandate in August 2022.
The composition of the bureau of GREVIO did not undergo any changes during theperiod under review. Iris Luarasi continued to serve as President, Simona Lanzoni asFirst Vice-President and Maria-Andriani Kostopoulou as Second Vice-President, following their election for a two-year mandate at GREVIO’s 24th meeting on 24 June 2021.

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Signatures and ratificationsof the convention
Signatures and developments regarding
the application of the Istanbul Convention
As of 31 December 2022, there were a total of 37 ratifications of the Istanbul Convention(37 states parties) and seven signatures not followed by ratification. The year 2022
was particularly prolific, as it was marked by three new ratifications of the convention,by the Republic of Moldova (ratification on 31 January 2022, the convention entering into force on 1 May 2022), Ukraine (ratification on 18 July 2022, the convention
entering into force on 1 November 2022) and the United Kingdom (ratification on
21 July 2022, the convention entering into force on 1 November 2022). In addition,
the significance of the ratification of the convention by the Ukrainian Parliament is
to be noted, in the context of the particular challenges linked to the aggression by
the Russian Federation against Ukraine since February 2022. The baseline evaluation
procedures concerning these three new states parties are under way.
In addition to welcoming three new states parties, there have also been a number of
positive developments in 2022, both in Council of Europe member states and beyond.
Following the judgment of Latvia’s Constitutional Court on 4 June 2021, reaffirmingthat the provisions of the Istanbul Convention are in line with the Latvian Constitution,in October 2022 the Latvian Prime Minister Krišjānis Kariņš issued a statement insupport of Latvia’s ratification of the Istanbul Convention. Characterising it as awidely accepted international convention, the prime minister’s statement is another► Page 15

encouraging sign of the willingness of Latvia to work on the consolidation of thenecessary domestic support to secure ratification of the convention.
As regards non-members of the Council of Europe, in the period under review
there has been progress in the process of accession to the Istanbul Convention
by Kazakhstan. Being one of the three non-member states invited to accede to
the Istanbul Convention by the Committee of Ministers of the Council of Europe(together with Israel and Tunisia), Kazakhstan expressed interest in ratifying the
Istanbul Convention, exemplified by its participation in two of the meetings of theCommittee of the Parties to the Istanbul Convention in the period under review (inJune and December 2022).

Challenges for the Istanbul Convention
During the period under review, GREVIO remained an exceptionally authoritative
voice in the area of preventing and combating violence against women and domestic
violence. This was reinforced by the fact that its findings have been mirrored by anumber of other international bodies, including in an increasing number of judgments of the European Court of Human Rights (see Chapter VIII, section 4). GREVIO’sbaseline evaluation reports continue to receive wide national and internationalpress coverage and have been the object of ever-increasing interest by academics.
Despite GREVIO maintaining its strong reputation as a body providing expertise ina specialised field of human rights, challenges to its work and the principles that it
stands for have continued in the period under examination.
As discussed extensively1 in the 3rd General Report on GREVIO’s activities, Türkiye’s
withdrawal from the Istanbul Convention, effective on 1 July 2021, represented an
unprecedented setback to women’s right to live free from gender-based violence,
as guaranteed by the convention. Nevertheless, on a positive note, the convention
has continued to gather broad international support. For instance, the crucial added
value of the Istanbul Convention was recognised in the Declaration on the Preventionof Domestic Violence, Sexual and Gender-based Violence (the Dublin Declaration)
adopted during the Irish Presidency of the Committee of Ministers of the Councilof Europe, on the occasion of the Ministerial Conference “No safe haven: integrated
prevention measures to end domestic, sexual and gender-based violence”, held on
29 and 30 September 2022. Ministers of 38 Council of Europe member states invitedstates that have not yet done so to sign and ratify the Istanbul Convention, and to“reinforce efforts to implement existing international legal standards in the area ofgender equality and violence against women”.
Despite the increasing support for the Istanbul Convention, opposition to the principles and values protected by the Istanbul Convention remains, both among someCouncil of Europe member states and beyond. Much of this opposition is based on
false or deliberate misinterpretations of the provisions of the Istanbul Convention,
as well as the social implications of its provisions. During the reporting period, work
continued to reinforce the message about the values of the convention and clear
1.

3rd General Report on GREVIO’s activities, covering the period from January to December 2021,
pages 20-21.

Page 16 ► 4th General Report on GREVIO’s activities

up any misconceptions, especially those surrounding the notion of “gender” andthe implications of the convention in this respect at the national level (for moredetails on the events that took place during the period under review, see Chapter
V, section 3). As an illustration, on 14 September 2022, Johanna Nelles, Executive
Secretary to the Istanbul Convention, took part in an online event to launch a new
methodology and toolkit to support civil society organisations (CSOs) in raisingawareness about the Istanbul Convention.2 The methodology and toolkit provide astrategy for communication and advocacy campaigns based on a gender-sensitiveand victim-centred approach, to be implemented by local CSOs, especially in countries that have faced a backlash against women’s rights and in particular against
the Istanbul Convention. The main purpose of these advocacy tools is to promote
the principles and added value of the Istanbul Convention, including by dispellingmisinformation regarding its provisions.
Another set of challenges that continued from the previous period under review
are the consequences and restrictions linked to the Covid-19 pandemic. As per theprevious reporting period, in 2022 the pandemic shed light on pre-existing gaps
already identified by GREVIO in the area of specialist services for women victims ofviolence, including women at risk of intersectional discrimination, such as migrant
women or women in prostitution, magnifying them and giving rise to new shortcomings that may not have been sufficiently addressed previously.3

Reservations
The possibility for states parties to enter reservations to the convention is strictly
regulated in Article 78. To promote uniformity in states parties’ implementation of
their obligations, the convention encourages them to withdraw and/or review theirreservations. Besides foreseeing the possibility for states parties to withdraw theirreservations at any time by a declaration addressed to the Secretary General of theCouncil of Europe (Article 78, paragraph 4), Article 79 subjects reservations to alimited period of validity (five years from the entry into force of the convention in
respect of the party concerned) and to a system of compulsory renewal (Article 79,
paragraphs 1 and 2). Moreover, the convention provides that any state party thatmakes a reservation is under the duty to provide GREVIO with an explanation on the
grounds justifying its continuance, before its renewal or upon request (Article 79,
paragraph 3). At its 19th meeting, GREVIO decided that it would review the information provided by parties on the reasons for upholding their reservation and assess
the situation in the area covered by the reserved article/provision in the context
of the country assessment. If after such a review, GREVIO identifies an inadequate
response to violence against women in terms of a significant lack of protection,
2.

3.

The methodology and toolkit for civil society organisations to run communication/advocacy campaigns to promote the values, aims and main provisions of the Council of Europe Convention on
preventing and combating violence against women and domestic violence are available at www.
coe.int/en/web/genderequality.
See GREVIO’s baseline evaluation reports on Bosnia and Herzegovina (paragraph 133), Cyprus(paragraph 122), Estonia (paragraph 36), Germany (paragraph 357), Norway (paragraphs 19 and126) and Switzerland (paragraphs 135 and 155).

Signatures and ratifications of the convention ► Page 17

prevention or prosecution linked to the reservation, GREVIO may invite the party
under evaluation to consider withdrawing the reservation.
A number of countries have entered reservations to the Istanbul Convention, someof which were subsequently extended beyond the initial five-year period of validity,
while others were not. Some reservations refer to specific articles of the convention,
while others refer to issues of jurisdiction and restrictions as regards the territorial
application of the convention. For example, in Denmark, upon entry into forceof the convention on 1 August 2014, this state party excluded the application of
the convention in Greenland and the Faroe Islands. On 30 April 2019, the validityof this reservation was extended for a subsequent five-year period. On the other
hand, upon ratification of the convention on 12 October 2017, Germany informed
the Secretary General of the Council of Europe that they reserved the right not toapply Article 59, paragraphs 2 and 3, of the convention (as regards the obligation
to suspend expulsions of victims and grant them a residence permit under certain
conditions). Three months prior to the expiry of the five-year period of validity on
1 February 2023, Germany informed the Secretary General that it did not intend toextend the application of this reservation.

Page 18 ► 4th General Report on GREVIO’s activities

Communication
Publications
GREVIO baseline evaluation reports
In accordance with Article 68, paragraph 11, of the
Istanbul Convention, GREVIO reports and conclusions are
made public as from their adoption, together with any
comments made by the party concerned. Nine GREVIO
baseline evaluation reports were published during
the reporting period, in respect of Romania, Germany,
Bosnia and Herzegovina, Iceland, Switzerland, Estonia,
Georgia, Cyprus and Norway (in order of publication), andare available on the Istanbul Convention’s website, together
with the comments of the respective national authorities. A
press release is also issued when a report is published. On
this occasion, interviews may be given by GREVIO members
and the Secretariat, in order to provide information on the report and the evaluation procedure.
Following their publication, GREVIO baseline evaluation reports have received ahigh level of media attention, increasing the visibility of its findings. The report on
Germany, especially, received both national and international news coverage (including in Der Spiegel, DieZeit, Süddeutsche Zeitung and RFI Europe).4 The media underlined
progress in the area of criminal law, including GREVIO’s praise for the introduction ofa consent-based definition of sexual violence and the criminalisation of technologyfacilitated abuse. However, media also reported GREVIO’s concerns regarding thelack of support services and shelters in Germany, as well as the absence of a national
action plan addressing all forms of violence against women. The German news
website Der Spiegel published an interview with Johanna Nelles, Executive Secretary
to the Istanbul Convention, highlighting the geographical disparities in the level ofprotection provided to women victims of gender-based violence across Germany,
despite promising practices in individual federal states and municipalities.5 Other
4.
5.

A compilation of the media coverage on GREVIO’s baseline report on Germany is available at www.
coe.int/en/web/istanbul-convention/germany.
See Der Spiegel, “Für Frauen endet das im schlimmsten Fall mit dem Tod”, 22 October 2022, availableat www.spiegel.de/politik/deutschland/bericht-des-europarats-zu-gewaltschutz-fuer-frauen-endetdas-im-schlimmsten-fall-mit-dem-tod-a-33b9b2e8-82e8-4ece-80c3-4ca171b25111.
► Page 19

GREVIO baseline evaluation reports were also widely covered by national media. For
instance, the Norwegian Broadcasting Corporation (NRK), one of the main media
outlets in Norway, underlined the deficiencies identified by GREVIO in the inadequate
provision of specialist support services for victims of all forms of violence against
women, particularly women at risk of intersectional discrimination, including Sami
women, women with addiction problems and women with disabilities.6 Nationaland regional media outlets in Bosnia and Herzegovina (such as Balkan Insight, theFederal News Agency (FENA) and N1 Info), Iceland (mbl.is), Cyprus (Kathimerini, O
Phileleftheros) and Switzerland (swissinfo.ch) also reported on the publication of
GREVIO baseline evaluation reports and their content, which contributed to increasing the national awareness of GREVIO’s findings.

3rd General Report on GREVIO’s activities
GREVIO published its 3rd General Report on 14 June 2022, covering its monitoring
work from January to December 2021, including the adoption and publication of
three GREVIO baseline evaluation reports (Poland, San Marino and Slovenia). That
report built upon GREVIO’s 1st and 2nd General Reports, which addressed GREVIO’s
activities, composition and communications and its co-operation with other Councilof Europe bodies and institutions and external stakeholders, the latter includingorganisations such as the United Nations and the European Union, as well as with
NGOs and civil society. The 3rd General Report included a new theme in its focus
section: the linkages between domestic violence and child custody and visitation
arrangements (Articles 26, 31 and 45 of the Istanbul Convention), exposing the difficult reality of post-separation abuse and how decisions on child contact with theabusive parent can impact on the safety of children as well as of women who haveleft abusive relationships. After underlining gaps and promising practices in thisregard, the focus section built on the added value of GREVIO’s monitoring work,
ending with a list of 12 intersecting actions identified throughout GREVIO’s baseline
evaluations, and that need to be applied to make progress on improving the situation for victims of domestic violence in relation to child custody and visitation rights.

Collection of papers: studies on Articles 14 and Article 4, paragraph 3
In March 2022, two new publications were launched aspart of the “collection of papers”, a series of studies aimed
at providing in-depth analyses of individual articles of the
Istanbul Convention and offering tailored guidance on how
to implement those provisions.
The first publication focused on the role of formal and informal education in preventing violence against women anddomestic violence, offering guidance on the implementationof Article 14 of the Istanbul Convention. This provision requires
states parties to include – in education curriculums and forage groups they consider appropriate – teaching material on
6.

See NRK, “Europarådet kritiserer norske krisesenter”, 23 January 2023, available at www.altinget.no/helse/statsradensvarer/8832.

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issues such as equality between women and men, non-stereotyped gender roles, mutual
respect, non-violent conflict resolution in interpersonal relationships, gender-based
violence against women and the right to personal integrity. On the basis of promising educational practices in place in several member states of the Council of Europe,
the paper offers ideas to policy makers, education professionals, youth workers andother relevant professionals on how to encourage younger generations to champion
gender equality and to help in countering violence against women. This publication
reviews initiatives taken in informal education sectors (such as by sports, cultural, andleisure organisations) to promote such principles, and it discusses key topics such as
the involvement of boys and men as partners in countering violence against womenand girls, the relevance of digital literacy and NGO-led education initiatives.
The second publication is dedicated to Article 4, paragraph
3, of the Istanbul Convention. It provides guidance on
how to ensure the non-discriminatory implementation of
measures tackling violence against women and domestic
violence. This provision requires all measures taken pursuant to the convention, in particular those to protect therights of victims, to be secured without discrimination on
any grounds. This provision of the convention is based on
the understanding that women who are or might be atrisk of intersectional discrimination, such as women withdisabilities, older women, women belonging to national or
ethnic minorities or lesbians, bisexual, transgender and intersex (LBTI) women, canface additional barriers to accessing protection, support and justice. Drawing on
promising legislation, policies and practices from the member states of the Councilof Europe, this publication puts forward ideas for policy makers and professionals
from the justice, law-enforcement, psycho-social, medical and other relevant sectors on how to respond to gender-based violence in a manner that is tailored to thespecific needs of women victims of violence, in order to remove barriers to seeking
help, support and justice. The paper places women’s participation at the heart of thedesign and implementation of these measures in order to capture their experiences
and to contribute to their empowerment.

Thematic paper on the digital dimensionof violence against women – EDVAW Platform
On 29 November 2022, the Platform of Independent Expert Mechanisms on
Discrimination and Violence against Women (the EDVAW Platform) launched its firstthematic paper, on the digital dimension of violence against women as addressedby its seven mechanisms.7 This thematic paper was adopted by the EDVAW Platform
7.

The EDVAW Platform is composed of international and regional women’s rights mechanisms, including
the UN Special Rapporteur on violence against women, its causes and consequences; representatives
from the UN Committee on the Elimination of Discrimination against Women (CEDAW); the UN
Working Group on discrimination against women and girls; GREVIO; the Inter-American Commission
on Human Rights’ Rapporteur on the Rights of Women; the Special Rapporteur on the Rights of
Women in Africa; and the Committee of Experts of the Follow-up Mechanism to the Belém do Pará
Convention (MESECVI).

Communication ► Page 21

at its 14th meeting, on 17 November 2022, under the presidency of GREVIO. This initiative is expected to increase the potential for synergies by offering an insight
into common approaches to addressing the digital dimension of violence against
women, and by fostering further dialogue and co-operation among the membersof the EDVAW Platform.
This thematic paper is divided into six sections. First, it provides an overview of thenature, scale and impacts of online and technology-facilitated violence against
women, as well as of the terminology used in this field. Second, it contains an outline of approaches taken by the mechanisms of the EDVAW Platform regarding thedigital dimension of violence against women. Third, it addresses key themes identified throughout the work of platform members on the digital dimension of violenceagainst women, including the online-offline continuum of violence, the prevention
and the criminalisation of such violence, the role of internet platforms in tackling it
and the situation of women at risk of intersectional discrimination. Next, it identifies
promising practices and challenges reported by the EDVAW Platform mechanisms
in combating the digital dimension of violence against women. Such promising
practices cover measures aimed at ensuring access to support services and justice forwomen, education and awareness-raising initiatives, the involvement of the private
sector, the collection of disaggregated data, multi-agency policy responses and thecriminalisation of various forms of online or technology-facilitated violence against
women. Existing challenges are also addressed, from the scarcity of statistical data to
the lack of common terminology on such violence, gaps in the provision of training,
the lack of specialist support services and the current patchwork of national legal
frameworks, with uneven and limited scope to comprehensively capture the digitaldimension of violence against women.
Last, the thematic paper proposes common actions to be taken by the EDVAW
Platform in response to the growing phenomenon of online and technology-facilitatedviolence against women, worldwide. These common actions include: 1) recognising
the interconnection between the digital dimension of violence against women andwomen’s public and political participation; 2) addressing the growing online spreadof anti-women’s rights rhetoric; 3) better recognising the digital dimension of domestic violence and abuse; 4) mainstreaming the digital dimension of violence against
women; 5) exploring synergies with other human rights sectors and mechanisms,
particularly cybercrime and business-related human rights; 6) engaging with theprivate sector to prevent and mitigate online harm; 7) reaffirming the intersectional
experience of the digital dimension of violence and the need for specialist support;
and 8) anticipating the new frontiers of the digital dimension of violence against
women.

Communication around the International Day
for the Elimination of Violence against Women
The United Nations designated 25 November as the International Day for the
Elimination of Violence against Women, which is intended to serve as a symbol ofglobal efforts to raise awareness of violence against women. This date also marks
the start of the “16 days of activism against gender-based violence”, which end on
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10 December (Human Rights Day) and which are used for various types of actions
intended to raise awareness about the need to end violence against women aroundthe world. As in preceding years, GREVIO engaged in a number of activities to raiseawareness about different aspects that need to be addressed in order to preventand combat violence against women.
In preparation for the 16 days of activism, GREVIO’s President Iris Luarasi was invitedfor an exchange of views with the Gender Equality Commission of the Council ofEurope, which took place on 16 November 2022. On this occasion, and in line withthe work plan of the Gender Equality Commission, she highlighted that the Councilof Europe needs to redouble efforts to include men and boys in the process of decision and policy making on gender equality, highlighting the role that the education
sector must play in this process.
On the occasion of the International Day for the Elimination of Violence against
Women, Marija Pejčinović Burić, Secretary General of the Council of Europe, issued
a statement condemning sexual violence against women and girls in the context of
war and conflict. She reflected on the increasing number of reports of sexual violencein the context of the prolonged war in Ukraine, and the consequences suffered by
the civilian population, primarily women and girls. She recalled that sexual violencein conflict zones remains a global challenge and reiterated that perpetrators mustbe punished as a matter of urgency.
To mark the occasion, on 25 November 2022, the EDVAW Platform issued a jointstatement calling on states to bridge the gap of impunity which exists as regards
violence against women and girls globally. The joint statement acknowledged withconcern that prosecution and convictions for acts of violence against women, including in their digital dimension, remain low. The members of the EDVAW Platformurgently called on states to step up their efforts and to fulfil their commitments
to exercise due diligence in investigating and prosecuting gender-based violence,and to provide remedies to women and girls suffering from violence, focusing inparticular on its online dimension.
The 16 days of activism also saw increased activity on the social media profiles of
the Council of Europe on women empowerment and equality, where news andevents about the work of GREVIO were posted. The visibility and reach of this content increased significantly in the run-up to the 16 days of activism, peaking on
25 November under the hashtag #OrangeTheWorld.

Participation in events
In the period under review, GREVIO members and the Secretariat participated inover 110 events, some of which took place online, as it remained the preferred manner of communication for many despite the overall reduction in travel restrictions
imposed during the Covid-19 pandemic. These included conferences, webinars andsummits organised by a variety of stakeholders, including Council of Europe bodies, the United Nations, the European Union, national ministries, national humanrights institutions, civil society and academic institutions. These events addresseda wide array of topics, such as the interaction between the Istanbul Convention andCommunication ► Page 23

the Budapest Convention on Cybercrime; work with men and boys on their role tocombat violence against women; the digital dimension of violence against women;
the implications of the interaction between the Istanbul Convention and legislative instruments of the European Union on violence against women and domestic
violence; and various conferences and events.
A particularly notable event during the reporting period was the conference ofMinisters of Council of Europe member states on domestic, sexual and gender-based
violence, held in Dublin on 29 and 30 September 2022. At this meeting, GREVIO
President Iris Luarasi, in her keynote speech, addressed various shortcomings in
the area of prevention, as identified by GREVIO, and pointed to the persistent needfor more systematic and co-ordinated action to prevent violence against women.
She highlighted the need for further awareness-raising efforts among the general
population, training of professionals and more and better work with perpetrators ofgender-based violence. The conference culminated in the adoption of the “Dublin
Declaration” on the prevention of gender-based violence, which outlines a number of steps to promote gender inequality as a root cause of domestic, sexual andgender-based violence.
Towards the end of the period under review, at the initiative of the Icelandic Presidencyof the Committee of Ministers of the Council of Europe, a conference under the title“Joining forces: Applying the cybercrime frame to digital violence against women”
was organised by the Council of Europe in Strasbourg, France, with Guðni Thorlacius
Jóhannesson, President of Iceland, Iris Luarasi, GREVIO President, Marie Fontanel,
Chair of the Committee of the Parties to the Istanbul Convention and Maria Rún
Bjarnadóttir, member of GREVIO and director for internet safety at the Icelandic
National Commissioner for Police, as well as many NGO representatives and representatives of states parties. The many experts and stakeholders in attendance discussed
how the Budapest Convention on cybercrime can be applied to protect and combat
Page 24 ► 4th General Report on GREVIO’s activities

violence against women and domestic violence, in line with the Istanbul Convention,and the possibility for cross-fertilisation of knowledge and experiences between the
two legal instruments.

Online HELP courses on violence against women
The Council of Europe Programme on Human Rights Education for Legal Professionals(HELP) aims to enhance and improve the capacity of all legal professionals – judges,
lawyers and prosecutors – in all Council of Europe member states and beyond.
Its key goal is to encourage legal professionals to apply European human rights
standards in their daily work, through free and accessible online courses on humanrights topics. The HELP course on violence against women, developed in 2017, hassince been continuously adapted into a growing number of national versions andofficially launched for different types of legal professionals, including law students.
The course has been gradually implemented in the learning curriculums of national
institutions providing training for the judiciary and other categories of legal professionals. Some of the launch events for this course that took place in 2022 included
the participation of members of GREVIO or its Secretariat.
In addition, a new online course, “Violence against women and domestic violence
for law enforcement”, was introduced into the HELP online catalogue in 2022. This
course offers law-enforcement professionals the opportunity to learn theoreticaland practical concepts related to violence against women, its many forms andimpacts on victims and society at large. The course also provides guidelines on
how to respond to cases of violence against women and domestic violence, quickly
and effectively, including techniques for interviewing victims and perpetrators andpractical steps that should be followed by first responders, investigators and otherstakeholders working to combat violence against women and domestic violenceand protect victims.

Communication ► Page 25

Focus section: approaches
taken in states parties tothe Istanbul Convention
on the criminalisationand prosecution of sexual
violence, including rape
Introduction
Sexual violence, including rape, are not only pervasive crimes but are the mostunder-reported crimes and the least likely to end in conviction.8 Research conductedby the EU Agency for Fundamental Rights in 2014 found that one in 10 women has
experienced some form of sexual violence since the age of 15, and one in 20 women
has been raped since the age of 15.9 The research also found that about one in four
victims of sexual assault, by either a partner or a non-partner, did not contact thepolice or any other organisation after the most serious incident because of feelingsof shame and embarrassment.10 GREVIO has consistently drawn attention to the8.

Council of Europe (2022), “Mid-term Horizontal Review of GREVIO baseline evaluation reports”,
paragraphs 442 and 446. For a comparative study, see also Burman M., Lovett J. and Kelly L. (2009),
Lovett, J. & Kelly, L. (June 2009) “Different systems, similar outcomes? Tracking attrition in reported
rape cases in eleven countries”, p. 3.
9. EU Agency for Fundamental Rights (2014), “Violence Against Women: An EU Wide Survey by theEuropean Union Fundamental Rights Agency”, p. 14.
10. Ibid., p. 69.

► Page 26

issue of under-reporting11 and to the phenomenon of attrition (the process by whichcases fail to proceed through the criminal justice system) in cases of sexual violence,
including rape.12 In addition to being one of the most under-reported crimes, GREVIO
has also noted in a number of baseline evaluation reports that these cases havehigh dropout rates at the investigation and prosecution stages,13 low conviction
rates14 and attract low sentences.15 This state of affairs results in women losing trustin the criminal system, low reporting rates and a culture of impunity, leading to thenormalisation of sexual violence, including rape.16

The Istanbul Convention – a comprehensive
framework to prevent and punish sexual violence,
including rape, and to protect victims
The Istanbul Convention provides a comprehensive framework to prevent, criminalise and prosecute sexual violence, including rape, and it requires the setting up of
specialist support services for victims. The backbone of such a framework is provided
by Article 36, on sexual violence, including rape, Articles 49, 50 and 56 in the areasof investigation, prosecution and protective measures, and Article 25 on support
services for victims of sexual violence.
The central legal element of the convention’s definition of sexual violence, as
articulated under Article 36, is the lack of consent given voluntarily as a result of
the person’s free will. This provision recognises the risks of leaving certain types ofrape and sexual violence unpunished if the relevant criminal offences are based onforce, threat or coercion rather than lack of consent. Article 36 of the convention
builds on the case law of the European Court of Human Rights, which stresses thatsuch rigid approaches jeopardise the effective protection of the individual’s sexualautonomy.17 For this reason, Article 36 sets out the obligation to criminalise all forms
of non-consensual sexual acts, including rape. This definition, therefore, does not
11. For example, in Finland and France it has been estimated that less than 10% of all rape cases
are reported. See GREVIO’s baseline evaluation reports on Finland, paragraph 198; and France,
paragraph 219. Other GREVIO reports that raise concerns of under-reporting include Austria,
paragraph 153; Montenegro, paragraph 221; Türkiye, paragraph 281; Italy, paragraph 221; theNetherlands, paragraph 254; Belgium, paragraph 184; Slovenia, paragraph 306; Romania, paragraph 340; Bosnia and Herzegovina, paragraph 259; Estonia, paragraph 204; Georgia, paragraph 306;
and Norway, paragraph 221.
12. Council of Europe. 2022. “Mid-term Horizontal Review of GREVIO baseline evaluation reports”,
paragraph 450.
13. See GREVIO’s baseline evaluation reports on Denmark, paragraph 198; Belgium, paragraph 187;
Poland, paragraph 265; Iceland, paragraph 252; Estonia, paragraph 215; and Norway, paragraph 221.
14. See GREVIO’s baseline evaluation reports on Portugal, paragraph 195; Finland, paragraph 206;
France, paragraph 230; Italy, paragraph 221; Slovenia, paragraph 323; Germany, paragraph 303;
Bosnia and Herzegovina, paragraph 267; Iceland, paragraph 261; Georgia, paragraph 311; Cyprus,
paragraph 235; and Norway, paragraph 231.
15. See GREVIO’s baseline evaluation reports on Italy, paragraph 222; Slovenia, paragraph 323;
Bosnia and Herzegovina, paragraph 273; Switzerland, paragraph 225; and Cyprus, paragraph 235.
16. Council of Europe (2022), “Mid-term Horizontal Review of GREVIO baseline evaluation reports”,
paragraph 446. For more information on the impunity of perpetrators of sexual violence and recommendations to rectify it, see UN Special Rapporteur on violence against women (2020), “Report on
rape as a grave and systematic human rights violation and gender-based violence against women”.
17. M.C. v Bulgaria (Application No. 39272/98), judgment of 4 December 2003.

Focus section ► Page 27

require the offender’s use of force or threat, or proof of the victim’s physical or verbal resistance. The Istanbul Convention’s emphasis on “consent” is elaborated on inparagraph 2 of Article 36, which requires that the prosecution of sexual offences shallbe based on a context-sensitive assessment of the evidence in order to establish, ona case-by-case basis, whether or not the victim has freely consented to the sexualact. In its mid-term horizontal review and subsequent baseline evaluation reports,
GREVIO stresses the need to ensure that the legal definitions of sexual offences
fully capture the realities of women experiencing sexual violence and their coping
mechanisms to deal with such violence.18 In order to ensure that certain types ofsexual violence do not go unpunished, paragraph 1 of Article 36 further describes
the types of non-consensual sexual acts that states parties must criminalise. This
covers non-consensual vaginal, anal or oral penetrative sexual acts with any bodily
part or object; non-consensual non-penetrative sexual acts; and causing anotherperson to engage in non-consensual acts of a sexual nature with a third person.
Articles 49, 50 and 56, furthermore, are essential provisions aimed at decreasing
attrition rates of cases involving sexual violence, including rape. While Articles 49
and 50 set out the obligation of immediate response, prevention and protection for
women victims of the forms of violence covered by the convention, having regard
to a gendered understanding of violence, Article 56 lists a range of measures toprotect the rights and interests of victims at all stages of investigation and judicial
proceedings. Recognising that victims who are protected and supported are more
likely to report and continue their participation in the criminal justice chain, thesearticles reflect a victim-centred approach to investigations and prosecutions andaim to make criminal justice systems more tailored to the actual needs of victims,
starting at police stations.
On the other hand, Article 25 of the convention requires states to ensure the provisionof support to victims of sexual violence when they are the most vulnerable. Suchsupport services must aim to empower victims and accompany them throughout
their journey of recovery, while facilitating and enabling the gathering of forensic
evidence, thereby increasing their chances of obtaining justice. More specifically, thisarticle requires states parties to take the necessary legislative or other measures toprovide for the setting up of appropriate, easily accessible rape crisis and/or sexual
violence referral centres for victims in sufficient numbers, to cover medical andforensic examination, trauma support and counselling for victims.
GREVIO’s mid-term horizontal review of its first baseline evaluation reports highlights a number of factors that contribute to low reporting and high attrition rates
in sexual violence cases.19 These include low levels of awareness and the professional capacity concerning sexual violence and lack of specialised training for law
enforcement, prosecutors or judges, resulting in poor gendered understanding of
this violence, entrenched stereotypes and patriarchal attitudes.20 Other contributing factors include narrow definitions of sexual offences and the lack of guidance
18. Council of Europe (2022), “Mid-term Horizontal Review of GREVIO baseline evaluation reports”,
paragraph 365.
19. Council of Europe (2022), “Mid-term Horizontal Review of GREVIO baseline evaluation reports”,
paragraphs 442 and 446.
20. Ibid., paragraphs 435 and 447.

Page 28 ► 4th General Report on GREVIO’s activities

in terms of specialised protocols, which result in poor case building, over-relianceon victim testimony as primary evidence and the influence of bias and stereotyping that minimise the violence, blame the victim or assume that victims make false
allegations about the violence.21 GREVIO has also emphasised problems encounteredin the process of obtaining and storing evidence in cases of rape, including cases inwhich forensic evidence is gathered from the victim only if she reports the crime tothe police. This is compounded by the limited numbers of women police officers;a lack of adequate, victim-friendly police and courtroom premises; lengthy judicial
procedures; and a lack of holistic support services to victims of sexual violence.22
These factors illustrate how secondary victimisation can stem from the criminal
justice system. Indeed, a number of studies describe victims of sexual violence as
being the most re-traumatised by the criminal justice process itself, with some victims viewing the criminal justice system as a “second assault” and feeling that they
themselves were on trial.23
In recent years there has been a succession of positive developments in many states
parties to the convention in the area of sexual violence, resulting in improvementsfor victims. Many states are embracing definitions of rape based on the lack of consent, improving investigation, prosecution, procedural and protective measures andestablishing rape crisis and/or sexual assault referral centres to offer specialist support
services for victims of sexual violence. Many of these developments are recognised tohave been driven by states’ efforts to comply with the Istanbul Convention standards.
This is but one example of the convention’s and GREVIO’s ability to deliver so thatwomen and girls are better protected and safe from violence. Most of the promising practices reflected in this section have been acknowledged in GREVIO baseline
evaluation reports, whereas some have been documented through the Committeeof the Parties conclusions.24 Other states have made reforms that have not yet been
analysed by GREVIO, either because the changes post-dated the GREVIO baseline
evaluations or because GREVIO has not yet evaluated the state party in question. The
following section provides an overview of the different approaches to criminalisingrape and sexual violence.

21. Ibid., paragraphs 364-365, 435, 437 and 447.
22. Ibid., paragraphs 445, 438, 443 and 277-287.
23. Craig E. (2015), “The Inhospitable Court”, University of Toronto Law Journal 10.3138; also see studies
discussed in UNODC (2019), “Handbook for the Judiciary on Effective Criminal Justice Response to
Gender-based Violence against Women and Girls”.
24. The Committee of the Parties to the Istanbul Convention plays a role in monitoring the Istanbul
Convention. Since 2018, it has been adopting, on the basis of GREVIO’s findings, recommendations
to states parties to further the implementation of the convention. States parties are given three
years to implement such recommendations and report back to the committee. At its 10th meetingon 13 April 2021, the committee agreed on a framework to supervise the implementation of theserecommendations, issuing a standardised reporting form. On the basis of the information provided
by states parties and any additional information, the committee then adopts conclusions on theimplementation of its recommendations in relation to each state party under review. So far, thecommittee has reviewed Austria, Albania, Denmark, Monaco, Montenegro, Portugal and Sweden.

Focus section ► Page 29

Different approaches in the criminalisationof sexual violence, including rape
The criminalisation of sexual violence, including rape, by states parties to the convention is characterised by different definitions and scopes of protection, and various
behaviours, different sanctions and aggravating and mitigating circumstances.25 Froma review of GREVIO’s monitoring activity to date, there appear to be four different
approaches in the criminalisation of sexual violence, including rape. This includes
one that requires the use of force, coercion or vulnerability. Another approach isbased on a two-tiered approach, with a legal provision that requires the use offorce, threat or coercion and adding another offence that is based entirely on lackof consent. A third approach, otherwise known as the “no means no” model, does
not require the use of force, threat or coercion but, rather requires proof that thesexual act was committed against the will of a person. In the fourth approach, also
informally called the “only yes is yes” model, or “affirmative consent”, the voluntary
participation of both or all parties is required for sexual acts not to be criminalised.

Laws based on the use of force, coercion or threat
The traditional criminal law approach to sexual violence was based on purely forcebased definitions, requiring the use of force, threats, coercion or intimidation. Thisapproach was not designed to protect sexual autonomy, but rather was based onreligious and/or moral rules for sexual conduct.26 Moreover, such an approach reflects
the archaic view that when it comes to rape, the most pervasive danger comesfrom strangers. However, studies refute the common myth that “real rape” involves
strangers, physical force and physical injury and find that most rapes involve people
known to the victim and do not result in visible injury.27 This effectively consigned
most rapes to a place beyond law’s reach and out of step with modern concepts ofwomen’s sexual agency.28 As GREVIO has observed, historically such models represent
beliefs and practices based on the idea that women are the bearers of society’s “moral
standards”, fostering an environment in which perpetrators of sexual violence areexonerated and the responsibility for the violence is transferred to the victims. Because
laws based on the use of force or coercion reflect more concern for the accused thanfor the victim, and reflect the persistent belief that false rape accusations are easily
made but are challenging to disprove, this had a negative impact on the development of the rules of evidence and criminal procedures around sexual offences.29
25. For an analysis of aggravating factors applied by different European Union member states, see
European Network of legal experts in gender equality and non-discrimination (2021), “Criminalisationof gender-based violence against women in European States, including ICT-facilitated violence”,
pp. 172-178.
26. For a discussion on the evolution of sexual autonomy, see Tatjana Hörnle, “#MeToo – Implications
for Criminal Law?” (2019), Bergen J. Crim. L. & Crim. Just. 6, 129-306.
27. Among other sources, studies listed in UNODC (2014), “Handbook on effective prosecution responses
to violence against women and girls”, page 31, confirm this.
28. Tuerkheimer D. (2015), “Rape on and off campus”, Emory Law Journal, Vol 65:1, pp. 44-45.
29. The 17th Century statement by English jurist Sir Matthew Hales “rape is an accusation easily madeand hard to be proved and harder to be defended by the party accused, tho never so innocent”,
discussed in Lonsway K. et al. (2009), “False Reports: Moving Beyond the Issue to Successfully
Investigate and Prosecute Non-Stranger Sexual Assaults”, 3:1 The Voice 1.

Page 30 ► 4th General Report on GREVIO’s activities

For example, GREVIO noted in its baseline evaluation reports on Finland and Norwaythat a consequence of a force-based model is the requirement of higher thresholdsof evidentiary standards of physical resistance and a shifting of the focus onto thevictim’s behaviour rather than on the accused’s actions.30 In relation to Georgia31 andPoland,32 GREVIO noted with concern that the strict corroboration rules for evidence
to establish sexual violence may result in high evidentiary requirements for rape.33
A limited understanding of lack of consent based on vulnerability
Early reforms to move away from force-based definitions introduced limited situations in which the lack of consent became a defining element of sexual violence
and rape. More specifically, some countries included in the definition of rape certain
cases of invalidated consent, such as where the victim is in a helpless state due tounconsciousness (caused by alcohol or drugs) or the particular situation of the victim(illness or mental disability or detention of some form).34
States parties that have adopted a force-based approach
A significant number of parties – Albania, Andorra, Bosnia and Herzegovina, Estonia,
France, Georgia, Italy, the Netherlands, Norway, Poland, Romania, San Marino, Serbia
and Switzerland – continue to require as constituent elements of sexual offences
the use of violence, coercion, compulsion, threat, intimidation or a state or situation of the victim which makes them incapable of resisting.35 GREVIO did, however,welcome the law reform efforts being discussed in the Netherlands, Norway, Serbia
and Switzerland at the time of GREVIO’s respective evaluations.
The majority of force-based definitions make reference to using violence or threatof violence (such as France, Italy and the Netherlands) or going against the person’s
will by using force (such as Estonia) or by constraint (Romania). That said, it should
be noted that in all jurisdictions, including those where the legal definition isforce-based, situations which invalidate consent are also recognised in the criminal
law or introduced by case law.36 Some forms of annulment of consent refer to the
30.
31.
32.
33.

See GREVIO’s baseline evaluation reports on Finland, paragraph 165; and Norway, paragraph 185.
See GREVIO’s baseline evaluation report on Georgia, paragraph 310.
See GREVIO’s baseline evaluation report on Poland, paragraph 215.
As regards in particular the baseline evaluation report on Georgia, GREVIO found that althoughaccording to Georgian legislation evidence has no predetermined value and should be evaluatedin terms of its relevance, admissibility and credibility for each criminal case, prosecutors and the
judiciary interpret the legislation in a sense that requires two pieces of direct evidence on which tobase an indictment or a conviction for sexual violence. GREVIO expressed its concern that this may
result in high evidentiary requirements for rape, as this rule is not only applied for a conviction but
also for an indictment and may result in low levels of indictments and, subsequently, convictions.
34. As regards European Union member states, see the European Network of legal experts in genderequality and non-discrimination (2021) cited above.
35. See GREVIO’s baseline evaluation reports on Albania, paragraphs 135-138; Andorra, paragraphs 158- 161;
Bosnia and Herzegovina, paragraphs 218-220; Estonia, paragraphs 171-172; Finland, paragraphs 165-168;
France, paragraphs 190-195; Georgia, paragraphs 252-256; Italy, paragraphs 189-190; Monaco, paragraph 116; the Netherlands, paragraphs 223-225; Norway, paragraphs 184-189; Poland, paragraph 213216; Romania, paragraphs 278-281; San Marino, paragraphs 157-160; Serbia, paragraphs 184-186;
Spain, paragraphs 220-224; and Switzerland, paragraphs 183-184.
36. European network of legal experts in gender equality and non-discrimination (2021), cited above.

Focus section ► Page 31

helpless state of the victim, with formulations such as “taking advantage” or “abusing the vulnerability”. This “helpless” state is connected in most cases to some kindof unconsciousness due to alcohol or drugs or the particular situation of the victim,
for example illness or mental disability or detention of some form. Italy describes
this act of taking advantage as “abusing the conditions of physical or mental inferiority of the injured person”. In France, besides the use of force, reference is also
made to penetration achieved by “coercion and surprise”, and it is left to the judge
to determine its meaning on a case-by-case basis. Hence, references to the inabilityof victims to consent are present in all definitions, regardless of whether they areforce or consent based. These result in the alleviation of the need for the victim to
demonstrate their resistance. However, national experts reported that courts do notinterpret these “non-consensual” elements consistently and the threshold of proof
remains high, often resulting in secondary victimisation.37
In its baseline evaluation reports on Andorra, Bosnia and Herzegovina, Norway,
Poland, Romania and San Marino, GREVIO has clearly stated that the above-mentioned
approach requiring elements of violence, coercion and threat do not fully capture
the realities of women experiencing sexual violence and their coping mechanisms
to deal with such violence, which include reactions such as flight, fight, freeze, flopor befriend. This conflicts with the requirement under the Istanbul Convention thatprosecutions of sexual offences are to be based on a context-sensitive assessment of
the evidence in order to establish, on a case-by-case basis, whether or not the victim
has freely consented to the sexual act.38 GREVIO has therefore strongly encouraged
or urged the relevant parties to amend their legislation on sexual violence so that
it is based on the notion of freely given consent as required by Article 36.

The two-tiered approach
In the two-tiered approach, a provision requiring the use of force and a provision
requiring the element of lack of consent coexist in parallel. However, the former often
carries a harsher prison sentence compared to the latter. In the “one crime model”,
threats or violence enhance the severity of the wrongdoing as additional elements,
but are not constituent for the existence of wrongdoing, as it is for the two-tierapproach. In its baseline evaluation reports, GREVIO has adopted the view that itis the fact that the act is carried out without the consent of the victim that should
determine the punishment, whether this is committed by someone who employs
violence or abuses his position of power over the victim, for example. Where thecircumstances of the act are particularly violent, abusive and traumatising, however,aggravating circumstances should be applied to ensure a sanction commensuratewith the gravity of the act.39
States parties that have adopted this approach
A number of states do not follow the “one crime model” but rather have tiers of sexual
offences with different constituent elements, such as force, threat of violence or
37. Ibid.
38. Explanatory Report to the Istanbul Convention, paragraph 192.
39. See GREVIO’s baseline evaluation report on Serbia, paragraph 186.

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incapacity of the victim, with different severity of the sanctions across the different
sexual violence offences. GREVIO observed this approach in its baseline evaluation
reports on Austria, Georgia, Norway and Serbia.40 An example is found in Georgia,
where the legislation incriminates two different types of acts of rape, one which istermed “rape” and attracts more serious penalties, and one that is termed “coercion
to intercourse” and is defined as a less serious crime, mainly because it does not
require the use of force or threats. Similarly, in Norway, most of the sexual offences
continue to be categorised according to the degree of physical violence or threat
employed, or to the degree of the victim’s helplessness, except for section 297 of
the criminal code which covers sexual acts performed without consent, which ispunishable by a fine or imprisonment for up to one year.

The “no means no” approach
The “no means no” approach is based on the premise that sexual intercourse isconsidered consensual as long as neither party said “no”. This approach criminalises sexual acts that happen “against the will of a person”. The degree of resistance,
whether verbal or non-verbal, is used as a measure of whether the victim consented
to the sexual acts.41 The “no means no” approach presumes consent, unless it is withdrawn – explicitly or implicitly – by the victim. The prosecutor is therefore required
to prove beyond a reasonable doubt that the act took place against the will of thecomplainant. In other words, the prosecutor must demonstrate to the satisfactionof the fact-finders (the judge or jury) that the complainant made the accused awarethat she/he did not wish to engage in sexual acts. This includes resistance that isverbally expressed or through unequivocal gestures or conduct such as pushing
away, crying, attempting to leave, etc. In other words, where a prosecutor is unable
to prove a victim’s communication of a “no”, whether verbal or non-verbal, proof ofa constituent element of the crime will be considered to be lacking, and therefore
the accused will not be found criminally liable. By way of example, in Austria, whichin its two-tiered approach has adopted a “no means no” provision, for sexual acts tobe punishable, the victims must express their opposing will verbally or otherwise.42
In practical terms, scholars have highlighted the risk that where this approach istaken, the burden is on the victim to verbally or non-verbally reject sexual advances
or ward off sexual violence, rather than on the perpetrator to ascertain the agreementof another to engage in a sexual act.43 More specifically, a risk has been identified thatcriminal proceedings may focus on the former as a central element, thereby placing
undue attention on the behaviour of the victim. GREVIO in its baseline evaluation
report on Germany observed that its “no means no” approach means that criminal
proceedings will focus on the actions of the victim rather than those of the accused,
40. See GREVIO’s baseline evaluation reports on Austria, paragraphs 139-143; Georgia, paragraphs
256-257; Norway, paragraph 189; and Serbia, paragraph 186.
41. Little N. (2019), “From No Means No to Only Yes Means Yes: The Rational Results of an Affirmative
Consent Standard in Rape Law”, Vanderbilt Law Review, 58, 1 321.
42. See GREVIO’s baseline evaluation report on Austria, paragraphs 140-142.
43. Little N. (2019), “From No Means No to Only Yes Means Yes: The Rational Results of an Affirmative
Consent Standard in Rape Law”, Vanderbilt Law Review, 58, 1 349; and Leary M. G. (2016), “Affirmatively
replacing rape culture with consent culture”, Texas Tech Law Review, Vol 49:1, pp. 49-51.

Focus section ► Page 33

creating room for gender stereotypes and rape myths to resurface.44 Moreover, myths
continue to abound to suggest that “no” may not actually mean “no”, and that many
still believe that a woman’s outright verbal rejection of sexual advances does not,in and of itself, create a case of sexual violence by the man who engages in sexualacts with the woman.45 Another concern of requiring conduct “against the will of aperson” is that this will not cover instances where the victims remains passive but
does not consent.46
States parties that have adopted this approach
The “no means no” approach has been adopted, among others, by Austria andGermany. More specifically, GREVIO noted in its baseline evaluation reports on Austria
and Germany that framing sexual offences to cover instances of sexual intercourse
against the will of a person meant that for non-consensual sexual acts to be punishable under Austrian and German legislation, the victim must express her opposing
will verbally or otherwise, hence not covering instances where the victim remains
passive but does not consent.47 In other words, regarding consent-based definitions
that take the “no means no” approach, GREVIO has noted that there is – howeverslight – a difference between sexual acts committed against the will of the victim
and all non-consensual sexual acts, as required by the convention.48
Furthermore, GREVIO reviewed a preliminary draft law to amend sexual assault
offences in its baseline evaluation report on Switzerland, which, at the time, proposed
a “no means no” approach stating that the act of rape or sexual assault is defined as
being committed “against the will of victims”.49 Specifically, GREVIO pointed out thatsuch a conceptualisation does not fully meet the requirement under Article 36 of
criminalising all non-consensual sexual acts. GREVIO was concerned that the situation envisaged by the revised bill would require victims to have to express theirlack of consent, either verbally or in some other way, for rape and sexual assault tobe punishable and that this would mean the focus would be on the victims’ actions
rather than on those of the accused. A promising development has been that after
the adoption of GREVIO’s baseline evaluation report, Switzerland’s Parliament decided
to amend the current law, which is based on force, threats or psychological pressure, and opted, in March 2023, in favour of a new definition of rape based on the“no means no” approach, expanded through a provision indicating that sexual acts
committed on a person in a situation of “freezing” also constitutes rape. The parliament’s decision paves the way for the adoption of a law based on this definition.
44. See GREVIO’s baseline evaluation report on Germany, paragraph 252.
45. Little N. (2019), cited above, p. 1 322.
46. See GREVIO’s baseline evaluation reports on Austria, paragraphs 140-142; and Germany, paragraph252.
47. See GREVIO’s baseline evaluation report on Germany, paragraph 252.
48. See GREVIO’s baseline evaluation reports on Austria, paragraphs 140-142; and Germany, paragraphs
250-252.
49. Swiss Council of States, Legal Affairs Committee, decision of 18 February 2022.

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The “only yes is yes” approach
The “only yes is yes” approach, also known as the “affirmative consent standard”,
equates consent to sexual acts to mean “affirmative and freely given consent”.50 Thisfocuses on an affirmative expression, whether verbal or non-verbal. Consent is seen
as an “agreement” communicated between the parties based on free will. Advocateshave noted that the difference between sex and rape is simply whether someone
wants to have sex or not, and the fact that the responsibility is not for a person to say
no, but for the other person to listen for a yes.51 Such an approach has been reflectedin laws criminalising sexual acts with a person “who is not participating voluntarily”52
or “who has not given consent”.53 This approach specifically means that passivity,
silence, lack of protest or lack of resistance cannot be deemed to mean consent. In
such an approach, affirmative consent must be ongoing through the sexual activity
and can be revoked at any time.
Ultimately, the shift from “no means no” to “only yes is yes” is a shift in the way society,and in particular the justice system, looks at the process of consenting to sexual acts.
This shift views sex as an act that should be entered into willingly by both parties.
Affirmative consent approaches provide clearer rules to parties at risk of perpetrating or being victims of sexual violence, as well as providing clarity to those charged
with investigating and prosecuting such cases.54
States parties that have adopted this approach
Out of the 29 GREVIO baseline evaluation reports published by the end of 2022,
GREVIO acknowledged that five states have an offence of sexual violence based on thelack of freely given consent, namely Belgium, Iceland, Malta, Slovenia and Sweden.55
GREVIO has positively noted that Iceland, Malta and Sweden have amended theirlegislation on sexual violence following their ratification of the Istanbul Convention
to comply with Article 36. A good example of promising practice has been noted by
GREVIO in Sweden, where intercourse or any other sexual act with a person “who is
not participating voluntarily” is criminalised.56 GREVIO has observed that under thisoffence, participation must be voluntary and perceived to be so, as passivity cannot
be, per se, considered a sign of voluntary participation. GREVIO has further noted that
Sweden has introduced two new offences of “negligent rape” and “negligent sexual
50. Tatjana Hörnle, “#MeToo – Implications for Criminal Law?” (2019), Bergen J. Crim. L. & Crim. Just. 6, 130;
Linnea Wegerstad (2021), “Sex must be voluntary: Sexual communication and the new definition ofrape in Sweden”, German Law Journal, Vol 22, Special Issue 5: “Sexual Violence and Criminal Justicein the 21st Century”, p. 740.
51. Olivia Björklund Dahlgren, FATTA (NGO that means “Get it”), Presentation on the law reform in Sweden
at the UN Special Rapporteur on violence against women and Equality Now at the 2020 Expert Group
Meeting on Rape as a Grave and Systematic Human Rights Violation and Gender-Based Violenceagainst Women. www.ohchr.org/sites/default/files/Documents/Issues/Women/SR/Call_on_Rape/
Olivia_Bjorklund_Dahlgren.pdf.
52. See GREVIO’s baseline evaluation report on Sweden, paragraphs 181-183.
53. See GREVIO’s baseline evaluation report on Belgium, paragraph 155.
54. Leary M. G. (2016), “Affirmatively replacing rape culture with consent culture”, Texas Tech Law Review,
Vol 49:1 p. 32.
55. GREVIO’s baseline evaluation reports on Belgium, paragraphs 155-156; Iceland, paragraphs 202-204;
Malta, paragraphs 169-171; and Sweden, paragraphs 181-183.
56. See GREVIO’s baseline evaluation report on Sweden, paragraphs 181-183.

Focus section ► Page 35

abuse”, in order to ensure criminal liability for perpetrators of sexual acts who ought
to have been aware of the victim’s lack of consent. More specifically, the aim of theseoffences is to ensure criminal liability in cases where sexual acts or intercourse arecarried out without any reasonable measures taken by the perpetrator to establish
the victim’s consent. In other words, the difference between rape and negligent rapeis based on the different required “state of mind” (mens rea) of the accused.57 For rapecases, the prosecutor must prove that the accused acted with criminal intent, either
because he was certain that the complainant’s participation was non-voluntary or
because he was indifferent to whether or not she was participating voluntarily. In
cases of negligent rape, the prosecutor must prove gross negligence on behalf of
the accused. This includes situations where the accused appreciated that there wasa risk that the complainant was not participating voluntarily, but nevertheless went
through with the sexual act and/or did not appreciate the risk that the complainant
was participating in a non-voluntary manner, but should and could have done so.
GREVIO also commended Belgium for its definition of sexual violence, which restson the victim’s lack of consent. The criminal code of Belgium defines rape as “anyact of sexual penetration, of whatever nature and by whatever means, committed
in respect of a person who has not given consent”.58 Another practice worthy ofnote is the amendments to the criminal code of Malta, which GREVIO noted to haveresulted in a standard that is more explicit than the convention in requiring not onlythat consent “be assessed in the context of the surrounding circumstances” but that
attention should be given to the “state of that person at the time, taking into accountthat person’s emotional and psychological state, among other considerations”.59 As
regards Iceland, GREVIO commended the amendment of the General Penal Code to
specifically include the notion of consent in the elements of sexual offences, in orderto obtain consensus within society on the definition of rape, to prompt a change
in culture for professionals dealing with such cases and to provide victims with sufficient protection.60 GREVIO also commended Slovenia for its amendment of thecriminal code aligning the relevant provisions with the notion of lack of freely given
consent, noting, however, that since the amendment was adopted by the Slovenian
Parliament after the submission of the government’s comments to GREVIO’s draft
evaluation report, GREVIO was not in a position to assess its content.61
A further illustration of the Istanbul Convention and GREVIO’s positive impact onlegislation, policies and, ultimately, victim’s safety in states parties are the positive
responses to the findings issued in this area by GREVIO in its baseline evaluation
reports. These findings have urged the relevant states parties to amend the criminal
legislation on sexual violence and rape to ensure that provisions are firmly rooted
57. Linnea Wegerstad (2021), “Sex must be voluntary: Sexual communication and the new definition ofrape in Sweden”, German Law Journal, Vol 22, Special Issue 5: “Sexual Violence and Criminal Justicein the 21st Century”, p. 742.
58. See GREVIO’s baseline evaluation report on Belgium, paragraph 155.
59. See GREVIO’s baseline evaluation report on Malta, paragraphs 169-171.
60. See GREVIO’s baseline evaluation report on Iceland, paragraph 202.
61. See GREVIO’s baseline evaluation report on Slovenia, paragraphs 258-260.

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in the lack of freely given consent and to fully incorporate the notion of consent.62
While noting that GREVIO has not yet had the opportunity to assess these developments as they postdate the publication of the respective baseline evaluation reports,
five additional states, namely Denmark, Finland, Monaco, Portugal and Spain, havetransitioned to the “only yes is yes” approach. As regards Denmark, following GREVIO’sbaseline evaluation urging the state party to amend its rape law in line with thestandards of the convention, Denmark amended its law on 17 December 2020 andcriminalised sexual intercourse without explicit consent. In order to bring a rapecharge, the law previously required proof of violence, threat or evidence that thevictim was unable to fend off the assault, whereas the new provision now clearlystates that if both parties do not consent to sex, it is rape. This amendment waswelcomed as a positive development in the 2021 Conclusions on the implementation of recommendations in respect of Denmark adopted by the Committee of theParties to the Istanbul Convention.63 In Finland, a bill to redefine rape as sexual actswith a person, regardless of age, who has not indicated their consent verbally or
non-verbally was adopted on 1 January 2023.64
Recent developments that remain to be assessed
In Portugal, law reforms in January 2019 expanded the definition of rape to include
the lack of consent,65 but it appears that consent remains linked to coercion and thatthe current definition would then not be entirely in line with Article 36 of the convention. Similarly, Monaco redefined, by Law 1 517 of December 2021, the offencesof rape and sexual assault by making reference to the “lack of consent”. However,the new definition still includes an element of constraint. In Spain, the Organic Law
on Comprehensive Guarantee of Sexual Freedom was adopted in September 2022,
making sexual acts without consent liable as sexual assault.66 The law was amended in
April 2023 to introduce harsher penalties for sexual assault carried out with violence
or intimidation, or against a person whose free will has been annulled. In August
2023, Luxembourg adopted a law amending the Criminal Code and the Code of
Criminal Procedure and specifying that consent to a sexual act must be assessed “inthe light of the circumstances of the case” and that “it cannot be inferred from a lackof resistance by the victim”67. As highlighted by GREVIO in its first baseline evaluation on Luxembourg, this law should “allow the judiciary to focus, in the context of
62. Such a specific finding was articulated in 19 GREVIO baseline evaluation reports: Albania, Denmark,Portugal, Finland, France, Italy, the Netherlands, Serbia, Spain, Andorra, Poland, San Marino, Romania,
Bosnia and Herzegovina, Switzerland, Estonia, Georgia, Cyprus and Norway.
63. Committee of the Parties, “Conclusions on the implementation of recommendations in respect ofDenmark adopted by the Committee of the Parties to the Istanbul Convention”, IC-CP/Inf(2021)6,
adopted on 7 December 2021.
64. Aleksi Teivainen (January 2023), “Finnish Police to re-think rape interrogations after legislation
overhaul”, Helsinki Times: www.helsinkitimes.fi/finland/finland-news/domestic/22795-finnish-police-to-re-think-rape-interrogations-after-legislative-overhaul.html.
65. Helen Battaglini (21 February 2019), “Portugal finally expands the legal definition of rape”, amicus
info: https://info.amicus-curiae.net/author/helenbattaglini/
66. Guy Hedgecoe (26 May 2022), “Spanish MPs back ‘only yes means yes’ sexual consent law”, BBC:www.bbc.com/news/world-europe-61591615. In particular, the provision clarifies that “It will
only be understood that there is consent when … the will of the person is clearly expressed”.
67 Law of 7 August 2023 law amending the Criminal Code and the Code of Criminal Procedure,
strengthening the means of combating sexual abuse and sexual exploitation of minors.

Focus section ► Page 37

the surrounding circumstances of the case, on the assessment of the woman’s free
will and the ability of the perpetrator to take notice of the woman’s will, instead ofevidence of other constituent elements of fact. The definition could also help to
encourage more victims of sexual violence to lodge complaints”. 68

States parties where GREVIO has identified the need for additional
steps to bring legislation in line with the Istanbul Convention
In addition to the shortcomings discussed above concerning the elements of consent,
GREVIO has identified some additional steps needed to bring legislation in line with
the Istanbul Convention in a number of states parties, including in those states thathave adopted an “only yes is yes” or a “two-tiered” approach.
In its baseline evaluation report on Cyprus, GREVIO observed that the criminal code
does not qualify the concept of consent in order to clarify that it should be given
voluntarily as the result of the person’s free will assessed in the context of the surrounding circumstances, as required by the convention.
GREVIO has also identified gaps in a number of states parties as regards the type ofsexual acts covered by the respective laws. For example, GREVIO has consistently
drawn attention to those states parties that do not cover the specific conduct referred
to in Article 36, paragraph 1, indent c, namely “causing another person to engage in
non-consensual acts of a sexual nature with a third person”, which aims to criminalise
the conduct of abrogating a woman’s sexual self-determination.69
Creating “hierarchies” of victims
In a number of baseline evaluation reports, GREVIO specifically warned against thecreation of a “hierarchy of victims” on the basis of their characteristics, such as age,
helplessness, dependence, disability or others, calling for appropriate legislative
measures to send the message that rape is rape.70 By way of example, in GREVIO’sbaseline evaluation report on Serbia, when comparing the offence of rape to theoffence of sexual intercourse with a helpless person, GREVIO was concerned that
this sends the message that the violation of sexual decision making and autonomy
does not amount to rape. Similarly, in Bosnia and Herzegovina, the offence ofsexual intercourse with a helpless person carries markedly lower sentences thanthe offence of rape, which requires proof of the use of violence, coercion or threatsby the perpetrator.
68 GREVIO baseline evaluation report on Luxembourg, published on 10 July 2023, paragraph 152.
69. GREVIO’s baseline evaluation reports on Albania, paragraphs 135-138; Austria, paragraphs 140-142;
Bosnia and Herzegovina, paragraphs 219-223; Georgia, paragraphs 259-262; Monaco, paragraph 116;Montenegro, paragraphs 179-180; Poland, paragraphs 219-221; Sweden, paragraphs 181-183; andTürkiye, paragraphs 222-225.
70. See GREVIO’s baseline evaluation reports on Bosnia and Herzegovina, paragraph 221; Cyprus,
paragraph 196; Denmark, paragraph 178; Estonia, paragraph 173; Finland, paragraph 167; Georgia,
paragraphs 256-257; Norway, paragraph 189; Poland, paragraph 218; Romania, paragraph 287; andSerbia, paragraph 186.

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Trends identified and lessons learned
Since the Istanbul Convention entered into force in 2014, there has been a positive
shift in European states to move away from force as a necessary element of sexual
offences, towards the view that sexual intercourse without consent is, by itself, sexual
violence/rape.71 While the drafters left it “to the Parties to decide on the specificwording of the legislation and the factors that they consider to preclude freely given
consent”,72 it is vital that all non-consensual sexual acts are criminalised.73 Only thenwill it be possible to make the necessary paradigm shift to recognise the central
role of the victim’s willingness to consent and thereby improve the criminal justiceresponse to the needs of victims of sexual violence.
GREVIO has pointed out in several baseline evaluation reports that conceptualisingsexual offences as sexual acts committed “against the victim’s will” does not fully
meet the requirement under Article 36, as it fails to ensure that all non-consensual
sexual acts are criminalised.74 It can be deduced that in GREVIO’s opinion the affirmative consent approach is more aligned with the spirit of the convention as a whole
and with the overall objective to improve prevention, protection and prosecution.
Indeed, an “only yes is yes” approach is more likely to have an impact in the field of
prevention and to raise the awareness of society about the gender prejudices andstereotypes that are often expressed when dealing with rape and sexual offences.
It is also a powerful way of changing the mindset of law-enforcement and judicial
officers and of providing better protection to victims, by putting them at the centreof any intervention.
A recent assessment of the impact of the Swedish definition of rape from the Swedish
National Council for Crime Prevention has also identified a number of specific practical advantages of the “only yes is yes” approach.75 First, the assessment found thatthe number of reports, prosecutions and convictions increased after the law waschanged and that, more specifically, the rate of convictions increased by 75%.76
Moreover, the assessment found that new types of cases now reach the courts.
These are the very types of situations that the changes to the law were intended
to cover, namely instances of “surprise rape” and cases where the victim remained
passive during the sexual act.77
Where the state has adopted an “only yes is yes” approach, the investigation andprosecution of rape and sexual offences no longer hinges on proving that the acts
were a result of violence, threatening behaviour or a particularly vulnerable situation.78
71. Council of Europe (2022), “Mid-term Horizontal Review of GREVIO baseline evaluation reports”,
paragraphs 361-364.
72. Explanatory Report to the Istanbul Convention, paragraph 193.
73. For example, see GREVIO’s baseline evaluation report on Switzerland, paragraph 184.
74. See GREVIO’s baseline evaluation reports on Austria, paragraphs 140-142; Germany, paragraphs 250-252;
and Switzerland, paragraph 184.
75. Stina Holmberg and Lars Lewenhagen (2020), “The new consent law in practice: An updated reviewof the changes in 2018 to the legal rules concerning rape”, the English summary of the Brå report2020:6. (The Swedish National Council for Crime Prevention (Brå)).
76. Ibid. The report notes that the number of convictions increased from 190 in 2017 to 333 in 2019.
77. Ibid.
78. Aleksi Teivainen (January 2023), cited above.

Focus section ► Page 39

The police questioning will shift from determining if the suspect used violence or
the threat of violence, to determining whether the victim had consented to theact. Cases will not have to be discontinued if no physical evidence or corroborating
evidence about her vulnerability or helplessness is secured. In this connection, a
positive practice can be found in Denmark, which amended its law to criminalise
sex without explicit consent in 2020, where guidelines have been developed aspart of the preparatory works of the law on how to establish the existence or lack ofconsent.79 The guidelines take steps to clarify that rape is not about coercion or the
duty to say no, but about whether the parties voluntarily consent to a sexual activity during the entire intercourse. It clarifies that consent can be expressed throughwords or action and that there is no requirement that it is done directly or in any
particular way. Furthermore, they establish that, in principle, there is a presumptionthat a person who consents to intercourse does not behave completely passively,
but participates to some extent, providing some examples of actions that can beindicative of consent to sexual intercourse.
The assessment carried out by the Swedish National Council for Crime Prevention
also observed a change in the types of evidence used in convictions under the
new law. It found a reduction in the use of evidence of injury, used only in 13% of
the new cases, whereas it was used in 37% of cases pending the year prior to thechange in law. Moreover, the assessment indicated that reliance on different typesof evidence, such as a recording of the event, calls to the emergency services, a
confession or the testimony of an eyewitness, nearly doubled in cases that resulted
in convictions under the new law as compared to those under the old law. There
were also a greater proportion of convictions where the only evidence used was thetestimony of a person in whom the injured party had confided – the proportion was
31% under the new law, as opposed to 16% in 2017, under the previous provisions.
In nine of the 12 cases that have resulted in a conviction for negligent rape, there
was no additional supporting evidence other than people who had not personallywitnessed the event, but who had been told about it by the injured party.80
The Swedish assessment also noted other advantages to victims stemming from an“only yes is yes” approach. Notably, the assessment indicates that victims feel thatthey are now less likely to bear the blame for what happened, and that they now
have the opportunity to seek legal redress by reporting the crime. More specifically, ithighlights that an “only yes is yes” approach addresses the deeply embedded myths
about rape and sexual violence which can be prevalent in the criminal justice system and which can affect how the defence lawyers, police, prosecutors and judges
interpret what is meant by sexual acts committed against a victim’s will.81 An analysis
from a non-governmental organisation in Sweden indicates that since the adoptionof amendments to the Swedish law, there has been greater public awareness of theimportance of consent in sexual relations and that this approach and the relevant
basic principle is now also being introduced in the school curriculum.82 Other sources,
79. European network of legal experts in gender equality and non-discrimination (2021), cited above.
p. 80.
80. Stina Holmberg and Lars Lewenhagen (2020), cited above.
81. Ibid.
82. Olivia Björklund Dahlgren, cited above.

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such as media reports, also attest to important societal changes and awarenessstemming from the amendment of rape laws to a consent-based definition. Suchlaw reform efforts are often accompanied by a strong civil society movement andawareness-raising campaigns.83
It further appears that the “only yes is yes” approach allows for incorporating andcriminalising new trends on non-consensual sexual acts such as non-consensual
condom removal during sexual intercourse, otherwise known as “stealthing”, anddrug-facilitated sexual assault. With the “only yes is yes” approach, these practices canbe understood to transform consensual sex into non-consensual sex and be viewed
as violations of trust and a denial of sexual autonomy. For instance, criminal courtsin Germany, Belgium and Switzerland have considered non-consensual removal ofa condom as vitiating consent to the sexual act and therefore could be considered
a form of sexual offence.84 Furthermore, in Belgium, the “voluntary administrationof inhibiting substances”, or drugging, for the purpose of abusing a person’s vulnerability, has become an aggravating factor in non-consensual sexual acts, and is to betaken into account when considering the “state of impaired free will” to determine
whether the person was capable of giving consent.85

Analysis of positive practices identified by
GREVIO in the fields of investigation, prosecution,
procedural law and protective measures
How to decrease attrition rates:
immediate response, investigation, prosecution and protection
While amending rape and sexual violence laws are a vital step towards changing
attitudes and achieving justice, much more is needed to effect institutional change
and to ensure a decrease in attrition rates of cases involving rape and sexual violence.
The convention requires states parties to ensure that law enforcement can react
promptly and appropriately by offering victims immediate protection and engaging in the prevention of violence, such as by making use of preventive operational
measures and through the efficient collection of evidence (Articles 49 and 50). It also
requires designing procedures to protect victims of violence at all stages of proceedings, during investigations and at trial, covering – but not limited to – victims who
are witnesses (Article 56). GREVIO has welcomed various promising practices thatstates have introduced in order to achieve a more focused, driven and outcomebased approach to perpetrators’ accountability. This section reviews the practices
highlighted in GREVIO’s baseline evaluation reports that contribute to making the
83. Guy Hedgecoe (26 May 2022), cited above.
84. HIV Justice Network (18 December 2018), “Germany: Country broadens use of criminal law to removalof condom without consent”: www.hivjustice.net/cases/germany-germany-broadens-use-of-criminallaw-to-removal-of-condom-without-consent/; Lauren Walker (21 November 2022), “Removing condom
and drugging: Belgium rewrites ‘patriarchal’ criminal code”, The Brussels Times: www.brusselstimes.
com/325324/removing-condom-and-drugging-belgium-rewrites-patriarchal-criminal-code; Reuters(9 May 2017), “Swiss court upholds sentence in ‘stealthing’ condom case”, ABC News: www.abc.net.
au/news/2017-05-10/swiss-court-upholds-sentence-in-stealthing-condom-case/8512326.
85. Lauren Walker (21 November 2022), cited above.

Focus section ► Page 41

criminal justice system more victim-friendly, all along the criminal justice chain,from police and prosecution work to the courts; allowing for comprehensive andvictim-sensitive evidence collection; and providing protective measures for victims
at all stages of the investigation and judicial process.
GREVIO has frequently noted that while criminal justice is not the only response to be
pursued in cases of violence against women, it is important to ensure accountability
for criminal acts to build trust in the system and send the message that violenceagainst women is not acceptable.86 Without a process that holds perpetrators toaccount, the violence is unlikely to stop, whether it is continued violence towards
the same victim or against a new victim. Prosecution and sanctions are therefore
an essential part of the protection of women. Moreover, low conviction rates generally contribute to low reporting rates. Law-enforcement agencies and the judiciary
should be seeking an increase in crime reporting as their response becomes more
effective and trusted and judicial processes deliver sanctions that match the crime.
Because of this, the importance of understanding attrition, as the process by whichcases fail to proceed through the criminal justice system and reach trial and/or
result in conviction,87 is a common theme raised in a number of GREVIO baseline
evaluation reports.88

Prioritisation of cases of sexual violence
and rape in a gender-sensitive manner
Traditional responses to sexual violence cases based on common gender stereotypes,
prejudices and discriminatory attitudes minimise the victim’s account of violence,hinder the recognition of the seriousness and specificity of the violence and feed
into assumptions of false allegations. This contributes to assigning low priority tothese cases, in comparison to other violent crimes, and leads to delays in initiating
investigation and judicial processes, which in turn can lead to loss of vital evidence
and secondary victimisation of the victim.89 As noted by the convention drafters,
being assigned low priority contributes to impunity for perpetrators and reinforces
the misconception that such violence is acceptable in society.90 A key principle of anadequate response is that of ensuring swift and effective investigations and judicial
proceedings that are based on a gendered understanding of these offences and that
duly take into consideration the victim during all stages.91
GREVIO has noted positively in its baseline evaluation report on Portugal the measures
put in place to prioritise the handling of violence against women, including sexual
violence.92 More specifically, following the ratification of the Istanbul Convention by
86. See GREVIO’s baseline evaluation reports on Portugal, paragraph 195; France, paragraph 232; Italy,
paragraph 222; Belgium, paragraph 189; and Norway, paragraph 158.
87. The definition of attrition is from Lovett and Kelly (2009), cited above, p. 1.
88. See GREVIO’s baseline evaluation reports on Denmark, paragraph 198; Italy, paragraph 222; andPortugal, paragraph 195.
89. Council of Europe (2022), “Mid-term Horizontal Review of GREVIO baseline evaluation reports”,
paragraph 439. See also GREVIO’s baseline evaluation reports on France, paragraph 221; Slovenia,
paragraph 311; and Romania, paragraph 341.
90. Explanatory Report to the Istanbul Convention, paragraph 255.
91. See GREVIO’s baseline evaluation report on San Marino, paragraph 178; and Slovenia, paragraph 311.
92. See GREVIO’s baseline evaluation report on Portugal, paragraph 187.

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Portugal, Law No. 72/2015 was introduced establishing as an objective of criminal
policies the principle that sexual violence-related offences should be investigated asa matter of priority. Another promising practice is found in San Marino, where Law
97/2008 obliges the law-enforcement agency to take immediate action in cases ofviolence against women and, in any case, to intervene within an hour of receiving
the report. Moreover, the GREVIO baseline evaluation report on San Marino refers
to an intervention protocol that clearly recognises the structured nature of genderbased violence and warns police about the risk of secondary victimisation and victim
blaming.93 The GREVIO baseline evaluation report on Norway notes that the Director
General of Public Prosecutions has instructed the police force to give priority to cases
involving violence against women and that these cases are to be handled in a swift
manner.94 GREVIO also welcomed initiatives to establish monitoring departments
to ensure timely responses and effective investigations in sexual violence cases, aswith the Georgia Human Rights Protection and Quality Monitoring Department. The
baseline evaluation report on Georgia positively noted the information provided
by authorities indicating that investigations into such offences rose substantially inthe following two years.95

Improving reporting and investigation: victim-friendly
police stations, specialised police units and trained police officers
Improving reporting and investigations requires various measures to make thecriminal justice system more victim-friendly, reduce victims’ secondary victimisation and ensure a quality law-enforcement response based on a trauma-informed
approach free from stereotypes and biases. This can greatly contribute to higher
levels of satisfaction among victims with their experience at the reporting stage, as
GREVIO noted in its baseline evaluation report on Denmark. In this report, GREVIO
93. See GREVIO’s baseline evaluation report on San Marino, paragraphs 178-181.
94. See GREVIO’s baseline evaluation report on Norway, paragraph 219.
95. See GREVIO’s baseline evaluation report on Georgia, paragraphs 303-304.

Focus section ► Page 43

positively noted the statistics provided by the authorities indicating a significant
drop in the rate of discouraged women attempting to report a rape after muchwork was done to improve the law-enforcement response.96 The continued efforts
made by Denmark in this area, following the adoption of the baseline evaluation
report, were also noted in the 2021 Conclusions on the implementation of recommendations in respect of Denmark, adopted by the Committee of the Parties tothe Istanbul Convention. More specifically, the latter conclusions welcomed thedevelopment of the 2021-2023 multiyear strategy of the police which includes thesetting up of special teams for handling sexual offences cases and the opportunity
afforded to victims of sexual violence to benefit from a recorded interview.97 Indeed,
GREVIO has observed that swift investigations based on a sensitive and professional
approach to victims significantly reduces the risk of victims abandoning their cases.98
Comprehensive measures to improve reporting and investigations
In addition to the positive practices adopted by Denmark, other promising examples
noted by GREVIO are those that provide for targeted specialist training of police
offices, specialised units or designated investigators, standardised protocols and thesetting up of specialised victim-friendly rooms in police stations. A good exampleof this is described in GREVIO’s baseline evaluation report on Iceland, which refers
to the various measures articulated in the Icelandic Action Plan on Sexual Violence.
This action plan was passed by parliament, upon the initiative of the Ministry ofInterior and following a study pointing to high acquittal rates for sexual offences.99
Measures included creating divisions in the Metropolitan Police specialising in sexual
crimes and technology-facilitated violence; a protocol for handling and investigating
sexual offences; additional full-time police officer positions; and additional funding
to update procedures and for investigative equipment. It also included other initiatives such as establishing a comforting room in the main police station, where thevictim can give her report with privacy, after having made an appointment online.
GREVIO has also welcomed the measures taken in Italy, which include systematic
initial and in-service training, specialised police units on violence against women,
standardised procedures, involving psychologists during police interventions, andspecialised rooms in police stations, designed to provide victims with the necessary privacy and a suitable environment for reporting in order to lower the risk of
secondary victimisation.100
In its report on Poland, GREVIO noted that the authorities had introduced measures
to improve the criminal justice response to rape cases and to avoid re-traumatisationand secondary victimisation. Such measures included a new legislative requirementthat victims be interviewed only once by courts (single hearing procedure), as well as
the adoption of guidelines requiring that interviews take place in a separate room andbe conducted by a trained officer of the same sex, unless the victim wishes otherwise,
96. See GREVIO’s baseline evaluation report on Denmark, paragraph 191.
97. Conclusions on the implementation of recommendations in respect of Denmark adopted by theCommittee of the Parties to the Istanbul Convention on 7 December 2021(IC-CP/Inf(2021)6).
98. See GREVIO’s baseline evaluation report on Montenegro, paragraph 219.
99. See GREVIO’s baseline evaluation report on Iceland, paragraphs 246-250.
100. See GREVIO’s baseline evaluation report on Italy, paragraphs 214-216.

Page 44 ► 4th General Report on GREVIO’s activitiesand that the interviewing officer refrain from any statements that may be perceived
as judging or questioning the victim’s behaviour, her appearance or actions. These
guidelines also include the requirement to inform victims of their rights and rolein the process, as well as the legal and psychological assistance available to them,and to accompany them to a medical facility for medical support and a forensic
examination.101 While GREVIO welcomed these measures, it did raise various concerns
related to major gaps in its implementation. This includes a lack of co-ordination
between law-enforcement agencies and the justice system, which constitutes an
obstacle to efficient and robust case building. In this context, when women victims,
particularly those experiencing sexual violence committed by intimate partners or
relatives, make use of their right not to testify, this usually leads to the dismissal of
the case, as no further evidence may be available or even collected. In addition, therequirement to hear the victim only once, and only by the courts, means that victims
can neither alter nor add to their statement and hence cannot react to any turn in
the investigation. Moreover, GREVIO noted that some courts are slow to schedulethe hearing of rape victims, which is central to the single-hearing procedure.
In San Marino, GREVIO welcomed the intervention protocol for law-enforcement
officials in cases of gender-based violence, which clearly recognises the structural
nature of gender-based violence and underlines the crucial role of the police as oneof the first interlocutors for victims.102 The protocol warns police officials against therisk of secondary victimisation and prescribes never questioning a victim’s narrativeor blaming her, but instead making clear that the only person responsible for theviolence is the perpetrator. This is complemented with mandatory training on violenceagainst women for all law-enforcement officers, the establishment of a special unit
on gender-based violence, including rape, and the appointment of a police liaison
person to ensure due co-ordination and exchange of information on cases.
Ensuring victims’ privacy and confidentiality
when reporting a case of sexual offence
As regards victims’ support and privacy when reporting sexual offences, in addition to the positive practices noted in Iceland and Italy, GREVIO has also welcomedmeasures taken by the Monégasque and French authorities in this respect.103 Morespecifically, it welcomed the practice, albeit non-formalised in Monaco, to provide
dedicated reception premises satisfying the requirements of confidentiality, to neverleave the victim alone in reception areas and to make available police social workers
specialising in victim reception, response and counselling. GREVIO also welcomed
in its baseline evaluation report on France the online reporting platform in France,
launched in November 2018 by the Ministry of the Interior, to help victims of sexualand gender-based violence to take the step of filing a complaint.
101. See GREVIO’s baseline evaluation report on Poland, paragraphs 251-253.
102. See GREVIO’s baseline evaluation report on San Marino, paragraphs 180-182.
103. See GREVIO’s baseline evaluation reports on Monaco, paragraph 75; and France, paragraph 224.

Focus section ► Page 45

Setting up of specialised units/designated investigatorsfor cases of sexual violence and rape, supported
by dedicated instructions/guidelines and specialist training
When it comes to the setting up of specialised units or designated investigators forcases of sexual violence and rape, supported by dedicated instructions/guidelines
and specialist training, GREVIO has identified numerous states parties that have madeprogress, including Bosnia and Herzegovina, Cyprus, Denmark, Georgia, Iceland,
Italy, Malta, the Netherlands, Sweden and Switzerland.104 GREVIO has welcomed theestablishment of specialised units on sexual violence in Cyprus, noting that theirwork has been recognised by different stakeholders to have led to an increase in
the reporting of cases of violence against women.
In Malta, GREVIO noted that cases of sexual violence can be referred to a specialised
unit and victims requiring further support are referred to the victim support unit,
staffed by women police officers who serve as a single point of contract, providing
crisis counselling, information about the criminal case and facilitating referrals to support services. In addition, in its baseline evaluation reports on Sweden and Georgia,
GREVIO noted that each police district had investigators specially trained on sexual
offences, and that in the Netherlands, Bosnia and Herzegovina and Switzerland,
there were specialist police officers for sexual offences, at least in some parts of thecountry. GREVIO welcomed, in particular, the adoption and use in Sweden of aninvestigators’ checklist developed for rape cases.
Initiatives to issue guidance and set up formalised co-operation
between law-enforcement authorities and other first responders
GREVIO has also welcomed initiatives to formalise guidance and co-operation between
law-enforcement authorities and different stakeholders to ensure a swift response andthe provision of support and protection to victims of rape and sexual violence. For
example, it welcomed the adoption of the joint circular on sexual assault that set forth
minimal measures for all police and judicial work in Belgium, which has formalised amultidisciplinary approach between the criminal justice system, the health system
and victim services.105 In Andorra, following ratification of the Istanbul Convention,
the police force and the state-supported victim support services negotiated a cooperation protocol with the aim of harmonising police activities with the convention
standards. The protocol sets out the main guidelines for police measures, startingwith the victims’ first contact with police until their referral to specialist support
services. The protocol establishes an obligation to create optimum conditions forvictims to be heard and for their complaints to be registered, while paying particularattention to the possible presence of child victims and/or witnesses. Furthermore,
it explicitly prohibits “any attitude that makes victims feel guilty or minimises theviolence” in order to prevent secondary victimisation and stresses the proactive rolethat law-enforcement agencies should play in finding evidence that can corroborate
104. See GREVIO’s baseline evaluation reports on Bosnia and Herzegovina, paragraph 258; Cyprus,
paragraph 226; Denmark, paragraph 191; Georgia, paragraph 305; Iceland, paragraphs 246-250;
Italy, paragraphs 214-216; Malta, paragraphs 191-193; the Netherlands, paragraph 250; Sweden,
paragraph 198; and Switzerland, paragraph 215.
105. See GREVIO’s baseline evaluation report on Belgium, paragraph 177.

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victims’ claims and/or support a judicial investigation; providing a standard model
complaint that lists all the questions and information that must be covered by thepolice officer in charge of assisting victims.106
Improvements in the collection of evidence in sexual offences
As regards improving evidence collection in sexual offences, GREVIO has noted thathaving the legal possibility for victims of rape and sexual assault to have their forensic
evidence taken and stored free of charge, irrespective of their desire to report, is ofessence and enables proceedings to be instituted at a later stage.107

Improving prosecutorial and judicial practices
Reducing the risk of attrition at the prosecution and trial stages can involve various measures, including specialisation, guidance and training, along with effective
case management. As GREVIO has noted, there are many factors that contribute toa solid investigation, prosecution and trial for sex offences, such as the collection ofevidence, its assessment by prosecution services, the support given to victims andtheir role in the case and the role of the judiciary in handling these sensitive cases.108
Improvement of prosecutorial practices
GREVIO noted in its baseline evaluation reports on Denmark, Georgia and Swedensome positive measures taken to improve the prosecution stage of sexual violence
cases.109 In Denmark, a fast-track procedure was established to ensure the swift
handling of all violent crime, including a time frame for assessing the case by theprosecutor. Moreover, guidance has been issued to assign such cases to experienced
prosecutors, thus ensuring a certain amount of de facto specialisation. Similarly,
GREVIO noted that in Georgia only prosecutors who have completed a special training course on sexual violence are assigned these types of cases, and their work is
directed by guidelines. In Sweden, the prosecution services have set up a prosecution
development centre to develop methods for the investigation and prosecution ofsexual offences and have introduced checklists.
GREVIO has highlighted other positive trends such as the adoption of protocols,
guidelines or specialisation in the prosecution and adjudication of sexual violence
cases, notably in the Netherlands, Poland and Iceland.110 For instance, following
the ratification of the Istanbul Convention, the Public Prosecution Service in the
Netherlands adopted instructions on sexual offences that detail how such forms ofviolence should be identified and prosecuted, including explicit information aboutprotecting the rights of victims and avoiding secondary victimisation. In Poland,
standards for the investigation and prosecution of cases of sexual violence are set
106. See GREVIO’s baseline evaluation report on Andorra, paragraphs 179-180.
107. For example, see GREVIO’s baseline evaluation report on Germany, paragraph 300.
108. See GREVIO’s baseline evaluation report on Sweden, paragraph 210.
109. See GREVIO’s baseline evaluation report on Denmark, paragraphs 195-196; Georgia, paragraph 305;
and Sweden, paragraph 205.
110. See GREVIO’s baseline evaluation reports on the Netherlands, paragraph 263; Poland, paragraph 262;
and Iceland, paragraph 251.

Focus section ► Page 47

out in specific Prosecutor General’s Guidelines, issued in 2015. In Iceland, Instruction
No. 2/2018 from the Director of Public Prosecution requires an investigation plan to
be prepared for the investigation of rape offences, sexual offences against children
and offences in close relationships, in order to standardise good practice. When acase of rape is entered into police records, a list of the measures to be undertaken
is automatically provided. In addition, instructions issued by the Director of Public
Prosecutions require such cases to be expedited and given priority. The District
Prosecutor and the Chiefs of Police are also required to send a list of cases and theirprogress to the Attorney General, twice a year. Germany has equally set up specialist departments for the prosecution of crimes against sexual self-determination insome public prosecutors’ offices across the country.111
A comprehensive approach to the prosecutionof cases of rape and sexual violence
A good example of an approach that involves a wide range of measures is noted in
GREVIO’s baseline evaluation report on Italy.112 The High Judiciary Council adopted
guidelines for judicial proceedings in cases of gender-based violence. Such cases
are assigned to specialist prosecutorial units/magistrates. Monitoring and evaluationof the implementation of the guidelines found that a large number of prosecutorial
offices have adopted protocols describing how to handle such cases that cover theinvestigative stage and set “stringent deadlines as to the maximum duration of enquiries”. It also found that a high number of offices have formalised their co-operation
with the victim support services that are engaged during judicial proceedings, aswell as with others that deal with preventing violence against women. Moreover,
GREVIO noted a promising practice adopted by the Prosecutorial Offices of the
Court of Tivoli (Eastern Rome), which it suggested should be replicated around thecountry. More specifically, prosecutors in this court have enacted a series of measures to ensure a prompt and effective response to cases of gender-based violenceagainst women. These measures range from increasing the number of prosecuting
attorneys dealing with such crimes and prioritising these investigations, to ensuring
the swift adoption of the necessary precautionary protective measures, placing theirimplementation under the tight supervision of prosecutors and creating a fast-track
for the related trials. All these measures take place within a robust interinstitutional
network, involving statutory agencies and women’s organisations, and are complemented by a wide array of preventive measures (such as training, information forvictims, awareness raising and outreach activities in the community).
Improvement of judicial practices
As regards judicial practices, GREVIO has welcomed the ruling from the Supreme
Court of Sweden finding that where a victim is considered credible, a conviction
may be based solely on her testimony, while noting, however, that this ruling is notalways followed by the lower courts. Moreover, the Italian Code of Criminal Procedureprovides that evidence relating to the sexual history and conduct of the victim which
111. See GREVIO’s baseline evaluation report on Germany, paragraphs 298 and 301.
112. See GREVIO’s baseline evaluation report on Italy, paragraphs 218-223.

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has no probative value is not permitted, and the Code of Legal Ethics for lawyers
requires legal counsels to avoid questions and methods of examination that inflict
further humiliation and convey a moral judgment on the victim’s experience.113

Protective measures during investigation and judicial proceedings
As indicated earlier, Article 56 of the convention sets forth a non‑exhaustive list ofprocedures designed to protect victims of violence at all stages of proceedings,
during investigations and at trial, covering – but not limited to – victims who arewitnesses. A number of good practices have been identified in this area by GREVIO.
Comprehensive measures for victim protection
In its baseline evaluation report on Denmark, while noting that very little information
was conveyed on their actual use, GREVIO welcomed the range of protective measuresprovided under the law to keep victims safe from intimidation and retaliation during
court proceedings. These include the hiding of the victims’ addresses, occupation andeven names of victims and witnesses, as well as the holding of hearings in camera;ordering the defendant to leave the courtroom during the testimony of a victim
or witness; video recording of children’s testimony and, under specific and limited
circumstances, those of adults. Law-enforcement agencies may also notify the court
and request, for example, the use of separate waiting rooms at court. For all victims
of crime asked to testify in court, a specific contact person within law enforcement isprovided for any questions and concerns victims may have, and leaflets detailing thedifferent steps of the investigation and criminal proceedings are available in several
languages. Moreover, where perpetrators have been sentenced to a prison term forsex offences or other serious offences, victims must be notified of the perpetrator’s
release or escape and of major media coverage of the perpetrator and his acts.114
The video recording of witness statements or other means to avoid contact
between the victim and the perpetrator within court and police premises
GREVIO has consistently observed that ensuring the avoidance of contact between
the victim and the perpetrator within court and police premises is a vital elementin the protection of victims from secondary victimisation. In the baseline evaluation
report on Sweden, GREVIO observed that judges can hear the victim without thepresence of the accused, over the telephone or by video link. Similarly, Germany
has adopted a range of measures to ensure victim protection, including the use ofaudiovisual recordings of testimonies for both underage and adult victims.115
Other types of protective measures to avoid secondary victimisation
In Poland, under the Act on the Protection of and Assistance to Victims and Witnesses,
hearings of rape victims must take place in a special room, be recorded and conducted
113. See GREVIO’s baseline evaluation report on Italy, paragraph 242.
114. See GREVIO’s baseline evaluation report on Denmark, paragraphs 216-218.
115. See GREVIO’s baseline evaluation report on Germany, paragraph 301.

Focus section ► Page 49

by a judge in the presence of a psychologist.116 In Romania, in addition to protection
measures, such as the holding of in camera court trials and the exclusion of the media
from courtrooms, in cases of violence, for victims of rape, the additional measure toanonymise victim data can also be taken, including in court summons or judgments
when the information is replicated on the courts’ web portals.117

The role and importance of rape crisisand sexual violence referral centres
It is of paramount importance that the legislative and institutional reforms underway
towards a consent-based definition of sexual violence and rape go hand in handwith the setting up and/or strengthening of specialised services for victims of sexual
violence. Such support services are of essence to ensure victims’ recovery and toaddress the consequences stemming from the violence, including self-blame and asense of shame. They are also essential to facilitate access to justice as they empower
victims and provide the needed forensic evidence to enable effective prosecutorial
action and an eventual conviction.118
Indeed, victims of sexual violence can suffer multiple and enduring consequences,including possible physical consequences such as injury, sexually transmitted
infections, unwanted pregnancies and unsafe abortions, as well as a wide range ofpsychological consequences, such as anxiety, depression and suicidal thoughts.119
Studies have shown that that post-traumatic stress disorder (PTSD) is highly prevalent among victims of sexual violence, with one study finding 94% of rape victims
met the PTSD criteria approximately two weeks post-rape, and 47% continued tomeet the criteria after three months.120 These psychological consequences also raise
116. See GREVIO’s baseline evaluation report on Poland, paragraph 303.
117. See GREVIO’s baseline evaluation reports on Poland, paragraphs 302-303; and Romania, paragraph 408.
118 See GREVIO’s baseline evaluation report on Italy, paragraph 156. For a broader discussion on themethodology, see also Council of Europe (2018), “Mapping Support Services for Victims of Violenceagainst Women in Line with the Istanbul Convention Standards – Methodology and Tools”.
119. Peeters L. et al. (2019), “Current care for victims of sexual violence and future sexual assault care
centres in Belgium: the perspective of victims”, BMC International Health and Human Rights, 19:21,
p. 2.
120. Several studies listed in Bramsen R. et al. (2009), “A Danish Model for Treating Victims of Rape andSexual Assault: The Multidisciplinary public approach”, Journal of Aggression Maltreatment & Trauma.
2009, discuss these findings.

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the chances of future drug addiction as well as re-victimisation.121 Social isolation
can also ensue following sexual violence, due to strained relationships with family
and friends. Moreover, victims can also experience financial hardship due to costs
associated with needed care or linked to absenteeism from work, for example.122 In
addition, research has highlighted that a rape victim’s first encounter with the support system can have very negative long-term consequences in terms of recovery, if
the support is not adequate.123 GREVIO has highlighted that sexual violence victims’
experiences with the criminal justice system can cause further harm to them, unlesscertain protection measures are taken and psychological counselling and trauma
support is provided in parallel.124
To address and minimise the above-mentioned negative consequences, victims ofsexual violence need access to a set of holistic services, including immediate medicalcare and trauma support; forensic examinations; short and long-term psychological counselling and therapy; and legal advice. Under its Article 25, the convention
provides states parties with the alternative to set up either a rape crisis centre or asexual violence referral centre per every 200 000 inhabitants.125 Rape crisis centres
typically offer long-term help such as face-to-face counselling and therapy, support
groups and referrals to other services.126 They also support victims during court proceedings by providing woman-to-woman advocacy and other practical help. Sexual
violence referral centres, on the other hand, may specialise in immediate medicalcare, high-quality forensic practice and crisis intervention.127 They can, for instance,
be set up in a hospital setting to respond rapidly to sexual assaults by carrying out
medical checks and referring the victim to specialised community-based organisations for further services. They also may concentrate on the immediate and adequate
referral of the victim to appropriate, specialised organisations to provide them with
the necessary care. At their core, both types of centres aim to serve victims of rapeand sexual violence and inform them of their options in a way that acknowledges
that each victim is different, and that the best course of action is thus different foreach person.
Whatever form they take, GREVIO has stressed that such measures should be taken
within a multisectoral response, giving victims the control over the decisions taken.
Victims must be granted services regardless of their willingness to report or testify
against the perpetrator, and forensic evidence should be stored for a defined periodof time, allowing a court case to be initiated at a later stage, should a victim so decide.
121. Kline N. et al. (2021), “Self-Blame and PTSD Following Sexual Assault: A Longitudinal Analysis”, 36(5-6): NP3153-NP3168.
122. Peeters L. et al. (2019), cited above, p. 2.
123. A summary of the studies confirming the long-term consequences can be found in Bramsen. R etal. (2009), cited above, p. 887.
124. See GREVIO’s baseline evaluation report on Montenegro, paragraph 135.
125. Explanatory Report to the Istanbul Convention, paragraph 142.
126. Ibid., paragraph 140.
127. Ibid., paragraph 141.

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Moreover, victims should be able to seek these services even several years after theassault has taken place.128
Trends and promising practices
In recent years, as a result of states’ efforts to comply with Article 25 of the convention,and in response to GREVIO’s findings and Committee of the Parties’ recommendations,the number of rape crisis centres and/or sexual assault referral centres has risen in a
number of states parties, a further illustration of the Istanbul Convention’s positive
impact in combating violence against women. Indeed, before the entry into force of
the Istanbul Convention, a number of Council of Europe member states did not havespecialist support service for women victims of sexual violence that could offer medical support, forensic examinations, the storage of DNA and counselling.129 Less thana decade later, out of the 29 GREVIO baseline evaluation reports published so far, 19
states parties have either set up rape crisis centres or sexual assault referral centres,or have taken steps towards their setting up, namely in Andorra, Austria, Belgium,
Denmark, Estonia, Finland, France, Germany, Iceland, Italy, Malta, the Netherlands,
Norway, Portugal, Romania, San Marino, Spain, Sweden and Switzerland.130 Morespecifically, further to specific GREVIO findings and Committee of the Parties recommendations issued in this area, Austria has expanded specialised counselling services
for victims of sexual violence to cover all regions in the country.131 Moreover, Albania
has set up its first sexual assault referral centre.132 Nevertheless, there is still muchroom for improvement as GREVIO’s monitoring thus far reveals that only Denmarkand Iceland comply with the standard of one rape crisis or sexual violence referral
centre per 200 000 inhabitants – a standard which aims to ensure proper coverage
and easy access for women victims of sexual violence.133
128. See GREVIO’s baseline evaluation reports on Albania, paragraph 110; Belgium, paragraphs 130-132;
Denmark, paragraphs 121-124; Germany, paragraphs 182-191; Iceland, paragraphs 147-153; Norway,
paragraphs 134-138; San Marino, paragraphs 115-119; and Switzerland, paragraphs 146-149.
129. Council of Europe (2022), “Mid-term Horizontal Review of GREVIO baseline evaluation reports”,
paragraph 278.
130. However, please note that many of them are not yet in full compliance with Article 25 of the convention;
see GREVIO’s baseline evaluation reports on Andorra, paragraph 128; Austria, paragraphs 100-101;
Belgium, paragraphs 130-132; Denmark, paragraphs 121-124; Estonia, paragraphs 129-133; Finland,paragraph 124; France, paragraph 161; Germany, paragraphs 182-191; Iceland, paragraphs 147-153;
Italy, paragraph 155; Malta, paragraph 131; the Netherlands, paragraph 174; Norway, paragraphs
134-138; Portugal, paragraph 142; Romania, paragraphs 214-219; San Marino, paragraphs 115-119;
Spain, paragraphs 172-175; Sweden, paragraphs 143-144; and Switzerland, paragraphs 146-149.
131. See Committee of the Parties, “Conclusions on the implementation of recommendations in respectof Austria adopted by the Committee of the Parties to the Istanbul Convention” (IC-CP/Inf(2021)5)
adopted on 7 December 2021.
132. See Committee of the Parties, “Conclusions on the implementation of recommendations in respectof Albania adopted by the Committee of the Parties to the Istanbul Convention” (IC-CP/Inf(2021)4)
adopted on 7 December 2021.
133. See GREVIO’s baseline evaluation reports on Denmark, paragraphs 121-124; and Iceland,paragraphs 147-153.

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Centres that are based on multidisciplinary
collaborative models and holistic approaches
GREVIO has positively noted that Belgium, Denmark, Estonia, Iceland, Norway and
Switzerland have established centres that are based on multidisciplinary collaborativemodels and holistic approaches. For example, the Sexual Assault Centres set up in
Belgium offer immediate medical care, psychological support related to trauma anda forensic examination to gather evidence for prosecution. After the care received,
victims can, if they wish, file a complaint and be interviewed by a police officer onsite. GREVIO considered this as an example of a “one-stop-shop” approach which cansignificantly reduce secondary victimisation. Reports indicate that the Belgian Sexual
Assault Centres have vastly reduced reporting obstacles. Notably, 68% of victims
who were supported by such centres reportedly went on to file a complaint, which
was significantly higher than the national average of victims who filed complaints.134
A non-governmental organisation’s report noted that this was largely because thesupport offered at the Sexual Assault Centres is focused on providing confidential
care to victims and helping them to rebuild their lives. It also enables marginalised
groups, such as transgender people and women in prostitution, to report rape in asafer environment.135 As regards the reporting process, the Sexual Assault Centres
support victims in a way that is sensitive and mindful of the extreme stress theyexperience and the impact this has on their ability to process information and form
memories.136
Another noteworthy practice is found in Denmark, where a highly specialised network of 10 centres for victims of rape and sexual violence across the country has
been developed. These centres provide residential and non-residential services
to women and girls over 15 years of age who are victims of sexual violence, in theform of medical care and trauma support, combined with forensic examinations.
GREVIO noted that victims could seek these services any time after the assault and
up to several years later. It further observed that the standard procedure for medical
and forensic examination is carried out irrespective of whether the victim wants toreport and that evidence is collected and stored up to three months or longer if thevictims so request it, so that it can be used for future judicial proceedings. Centres
also offer psychological treatment for all acute patients, but they have limited availability for longer-term counselling. For victims below the age of 15, a number of
additional centres provide child-friendly services.137 Another promising practice isfound in Iceland, where emergency reception centres for victims of sexual violence
are open 24 hours, offering forensic collection of evidence and any necessary medical services, free of charge, irrespective of the victim’s desire to lodge a complaint
with the police. The forensic evidence is stored for one year. In addition, the centres
arrange for psychological support as well as free legal counselling, and if the victim
134. International Planned Parenthood Federation European, “Belgium’s consent law is clear:absence of no doesn’t mean yes”: https://europe.ippf.org/stories/belgiums-consent-law-clear-absence-no-doesnt-mean-yes.
135. Ibid.
136. Ibid.
137. See GREVIO’s baseline evaluation report on Denmark, paragraphs 121-124, as cited in Council ofEurope (2022), “Mid-term Horizontal Review of GREVIO baseline evaluation reports”, paragraph 279.

Focus section ► Page 53

wants to report their case immediately, a police officer is called to the centre or thelegal counsel accompanies the victim to the police station.138
In Norway, two types of specialist support services are available and have beenrolled out across the country to provide holistic and sensitive support to victimsof rape and sexual violence, namely Sexual Assault Centres and Centres for Victimsof Incest and Sexual Abuse (SMISOs). Sexual Assault Centres are located in medical
clinics or hospital facilities and function as sexual violence referral centres. They offer
immediate medical support by treating injuries and detecting sexually transmitted
diseases and provide forensic examinations to secure evidence and crisis intervention.
Forensic examination to secure evidence can be carried out regardless of whether
the victim intends to report to the police. Professionals working at the Sexual Assault
Centres can also refer victims to lawyers, the police and follow-up services providing more long-term support, including SMISOs and crisis centres. The SMISOs offer
low-threshold support to victims of sexual violence and their relatives in the formof free-of-charge, medium-term psycho-social counselling.139 In Switzerland, while
there are no centres offering a “one-stop-shop” approach, GREVIO has welcomed theintegrated approach taken by some hospital-based sexual violence referral centres,
which make it possible to provide victims with comprehensive, long-term support.
Specifically, these centres provide medical treatment and forensic examination
irrespective of whether the victim is lodging a police complaint, and they work inclose co-operation with other institutions and organisations, including the policeand prosecuting authorities and shelters that victims may be referred to.140
In response to GREVIO’s findings on the need to set up rape crisis and sexual violence
referral centres, Albania set up its first crisis management centre for sexual violence
cases in 2018, based in a hospital.141 The centre provides one-stop emergency
services, available 24/7, and short-term services (24-72 hours) for victims of sexual
violence and their relatives. It is based on a social healthcare model, with an interdisciplinary team of forensic medical professionals, gynaecologists, paediatricians,
psychiatrists, clinical psychologists, social workers, representatives from the police,prosecutor’s offices, lawyers and nurses. The centre provides primary services, suchas healthcare, forensic medical services, psycho-social support, clothing, food, further
referrals, statement taking, initiation of criminal justice procedures and psychologicalcounselling, to help the victim cope with the situation. A case manager conducts
an assessment of the victim’s immediate needs and if the victim requires services
beyond 72 hours, they are referred to another specialised support services centre.
It is also encouraging that other states parties, such as Romania, are also making
progress by setting up pilot centres for victims of sexual violence, with the longterm aim of establishing 10 more centres. These centres are based on an integrated
services model within a hospital setting and provide adult victims with emergency
138. See GREVIO’s baseline evaluation report on Iceland, paragraphs 147-153.
139. See GREVIO’s baseline evaluation report on Norway, paragraphs 134-138.
140. See GREVIO’s baseline evaluation report on Switzerland, paragraphs 146-149.
141. Report on the implementation of the recommendations addressed to Albania by the Committeeof Parties 2018-2020, submitted on 30 June 2021: recommendation about setting up rape crisis
centres and/or sexual violence referral centres in the framework of a multi-sectoral response– Recommendation A.9, IC-CP/Inf(2018)3.

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medical care, forensic examinations, support to access legal advice and/or reportto the police, and information and counselling.142

Conclusion
This focus section has shown the evolution in policies and practices in states parties
to the Istanbul Convention, as well as the positive impact that GREVIO’s monitoring
activity has had so far on the legislation on rape and sexual violence. Indeed, many
countries have already moved, or are in the process of moving, away from purely
force-based definitions of sexual crimes, aligning their criminal laws with the corerequirement of Article 36 of the convention: the criminalisation of non-consensual
sexual acts. The baseline evaluation procedure has brought to light many promising
practices in this area, which states are encouraged to share and adopt within theirown jurisdiction. Last but not least, the role of rape crisis and sexual violence referral centres must not be underestimated, as only a holistic approach to supporting
women victims of rape and sexual violence, which includes not only an effective
criminal justice response but also medical attention, psychological support andlegal counselling, can mitigate the trauma inflicted upon victims. As GREVIO starts
its first thematic evaluation procedure in 2023, the Group of Experts will have theopportunity to follow up on the above-mentioned points and continue to monitor
progress in states’ efforts to build the trust of victims by delivering support, protection and justice for women victims of rape and sexual violence.

142. See GREVIO’s baseline evaluation report on Romania, paragraphs 214-219.

Focus section ► Page 55

Relations with theCommittee of the Parties

T

he Committee of the Parties and GREVIO represent the two pillars of the monitoring system set up by the Istanbul Convention. In accordance with Article 68,
paragraph 12, the Committee of the Parties may, on the basis of GREVIO’s baseline
evaluation reports and conclusions, issue recommendations to states parties, thus
ensuring the equal participation of all the states parties in the monitoring procedureof the convention, strengthening co-operation among parties and between themand GREVIO to ensure the proper and effective implementation of the convention.
Under Rule 26 of GREVIO’s internal rules of procedure, the President of GREVIO may
periodically meet with the Committee of the Parties to inform it about its work, aswell as about any other issue relating to the good functioning of the monitoringmechanism of the convention. Under this same provision, GREVIO may decide to
invite the Chair of the Committee of the Parties for exchanges of views.
During the period covered by this report, GREVIO’s President, Iris Luarasi,
held an exchange with the Committee of the Parties during its 13th meeting(5-6 December 2022). She informed the committee about the adoption of nine newbaseline evaluation reports and about forthcoming country visits, which will bring
the baseline assessment procedure close to completion. She introduced GREVIO’sforthcoming thematic evaluation procedure, to be launched in 2023, devoted to thetheme “Building trust by delivering support, protection and justice”. She highlighted
the field of prevention of violence against women and domestic violence, which isaddressed in some detail in the questionnaire for the first thematic evaluation round.

► Page 56

The close relationship between the two pillars of the monitoring mechanism continued under the committee’s newly elected president, Marie Fontanel, Ambassador
Extraordinary and Plenipotentiary and Permanent Representative of France to theCouncil of Europe. Based on the practice established in previous meetings, threemembers of GREVIO offered their expertise to the Committee of the Parties during
the adoption of its conclusions on the implementation of its recommendations in
respect of Montenegro, Portugal and Sweden. The GREVIO rapporteurs for the threestates parties concerned shared with the committee their impressions on the implementation of the committee’s recommendations (Marceline Naudi for Montenegro,
Simona Lanzoni for Portugal and Iris Luarasi for Sweden).
In addition, and in accordance with Article 68, paragraphs 11 and 12, of the
Istanbul Convention, nine GREVIO baseline evaluation reports were transmitted to the Committee of the Parties, which it also considered at its 13th meeting(5-6 December 2022). These concerned Bosnia and Herzegovina, Cyprus, Estonia,
Georgia, Germany, Iceland, Norway, Romania and Switzerland. As per the committee’s
standard approach, it recommended that the respective governments take immediate action in respect of certain findings made by GREVIO in its baseline evaluation
report. It further requested them to report to the Committee of the Parties, within
three years, on the measures taken to improve the implementation of the convention in those areas and to take measures to implement the further conclusions of
GREVIO’s baseline evaluation report.
During the adoption of its recommendations to states parties, several delegations
took the floor to provide feedback on their experience of the monitoring process by
GREVIO as a constructive and co-operative dialogue and a tool for the authorities toset priorities in their action to combat violence against women and domestic violence.

Relations with the Committee of the Parties ► Page 57

Co-operation with otherCouncil of Europe bodies
and institutions
Committee of Ministers

In 2022, GREVIO continued its fruitful co-operation with the Committee of Ministers
with a view to furthering the common goal of strengthening the outreach andthe impact of the Istanbul Convention. An illustration of such vibrant co-operation was the Conference of Ministers of Council of Europe member states “No safe
haven: integrated prevention measures to end domestic, sexual and gender-based
violence”, organised by the Irish Presidency of the Committee of Ministers of theCouncil of Europe on 29 and 30 September 2022 in Dublin, Ireland. This two-day
ministerial conference focused on prevention measures aimed at a long-term andstrategic change in societal attitudes and behaviours to end violence against women.
GREVIO members Ellen O’Malley and Marie-Claude Hofner and GREVIO President
Iris Luarasi delivered speeches, while the Ministers of 38 European states gave theirsupport to and adopted the Dublin Declaration. This important outcome document
is directly inspired by the prevention pillar of the Istanbul Convention and pledges
action to implement the provisions of Chapter 3 of the convention, including awareness raising among the general population, the training of professionals and morework with perpetrators of gender-based violence. The Dublin Declaration is used
and referred to in GREVIO’s work and beyond.
► Page 58

Another example of engagement with the Committee of Ministers is the exchange ofviews that took place between the GREVIO President and the Committee of Ministers
on 5 October 2022. During this exchange Ms Luarasi informed the Committee of
Ministers of recent developments involving GREVIO, including the publication of
GREVIO’s 3rd General Report of activities, covering 2021, and including a focus section
on the linkages between domestic violence, child custody and visitation arrangements.
Ms Luarasi also recalled the importance of GREVIO’s General Recommendation No.
1 on the digital dimension of violence against women, highlighting how GREVIO is
increasingly addressing this dimension in its baseline evaluation reports, including
with regard to new specific criminal offences, the setting up of specialist prosecution services equipped with the necessary technical tools and the developmentof specialist support services in this area. In this connection, GREVIO’s president
recalled the need to ensure the recognition of the digital dimension of violenceagainst women in national strategies and action plans on violence against women.
She equally informed the Committee of Ministers about liaison efforts with otherrelevant bodies in the framework of the Platform of Independent Expert Mechanisms
on Discrimination and Violence against Women, which she had the honour of presiding over in 2022. Finally, she informed the Committee of Ministers that the baseline
evaluation monitoring procedure of states parties would come to an end in 2024
and that a thematic evaluation procedure was being prepared.

Parliamentary Assembly
GREVIO continued its co-operation activities with the Parliamentary Assembly of theCouncil of Europe (PACE) throughout the period under review. On 11 October 2022,
upon the initiative of PACE’s Committee on Equality and Non-Discrimination, a hearing
entitled “The Istanbul Convention: progress and challenges” was held, with the participation of GREVIO President Iris Luarasi and Ambassador Marie Fontanel, Permanent
Representative of France to the Council of Europe and Chair of the Committee of theParties to the Istanbul Convention. In her speech, Iris Luarasi emphasised the significant changes the Istanbul Convention has prompted in member states, for example
the laws on rape and sexual violence, which increasingly centre around the lack ofconsent, as required under Article 36 of the convention. She explained that GREVIO
increasingly addresses digital forms of violence against women in its evaluations,noting that there was a growing awareness thereof among states parties, prompting more specific criminal offences to counter this ever-growing phenomenon. Last,
she pointed out that GREVIO encountered substantive shortcomings in the member
states’ implementation of Article 31 of the convention, which requires them to take
into account instances of domestic violence in proceedings concerning the custodyand visitation rights of children. Many of GREVIO’s baseline evaluation reports haverevealed that women and children continue to be under-protected in separation
processes, which exposes them to significant risks for their safety – at times with fatal
consequences. The GREVIO President encouraged the members of PACE to continue
their action to protect the right of women and girls to live a life free from violence.
PACE further undertook several initiatives to highlight the important role of the
Istanbul Convention in preventing and combating violence against women. These
included the adoption of a report by Margreet De Boer (Netherlands, Socialists,
Co-operation with other Council of Europe bodies and institutions ► Page 59

Democrats and Greens Group (SOC)) on marital captivity, a little-known phenomenon
that is estimated to affect tens of thousands of people in Europe each year, mostly
women. It “arises when a person having entered into a civil or religious marriage or
who is living in a marital situation wishes to end it, but finds that they are unable
to do so, either legally or in the eyes of their community”. The report pointed outthat the Istanbul Convention provides tools to address this situation. Moreover, aresolution on the role and responsibility of men and boys in stopping gender-based
violence against women and girls was adopted by PACE, based on a report preparedby Petra Stienen (Netherlands, Alliance of Liberals and Democrats for Europe (ALDE)).
The parliamentarians called on member states to adopt strategies or national actionplans to prevent and combat gender-based violence and “include action withdedicated budgets to address the responsibility and role of men and boys”, such asawareness-raising campaigns. Moreover, they called for the creation of preventive
intervention and treatment programmes for perpetrators of gender-based violenceagainst women and girls, where such programmes do not already exist.
In a statement on the occasion of the International Day for the Elimination of Violenceagainst Women, PACE’s rapporteur on the Istanbul Convention, Zita Gurmai (Hungary,
SOC), pointed out that “Parliamentarians must join efforts with international andcivil society organisations to reject the backlash and backsliding that are stopping
progress in ending gender-based violence, which affects women and girls aroundthe world the most.” In a meeting on 1 December 2022, PACE’s Committee on Equality
and Non-Discrimination assessed the positive impact of the Istanbul Convention
on its states parties, but also the challenges that need to be addressed, such as
the persistently high number of instances of violence and femicide, the spreadingof deliberate misrepresentations of the convention’s objectives and the need for
those Council of Europe member states who have not yet done so to continue theprocess of signature and/or ratification. The committee further called for measurescountering violence against women and domestic violence to be given priority at
the 4th Summit of Heads of State and Government of the Council of Europe member
states in May 2023.
On 10 December 2022, the last day of the 16 days of activism against gender-based
violence, PACE President Tiny Kox issued a statement, in light of several demonstrations that had been forbidden by authorities in Council of Europe member states,
stressing that “No state should condone or countenance any form of gender-based
violence, let alone contribute to it by attacking those who speak up peacefully forthe protection of their fundamental rights.”

Commissioner for Human Rights
Synergies between GREVIO and the Commissioner for Human Rights, Dunja Mijatović,
were maintained in 2022 as the commissioner continued to place gender equality
and women’s rights high on her agenda and to use GREVIO’s findings as a mainreference in her work on violence against women.
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In a Human Rights Comment on violence against women in the digital world,143
published in March 2022, she stressed the crucial role that the Istanbul Convention
can play in preventing and combating violence against women in the digital sphere,
and highlighted GREVIO’s General Recommendation No. 1 on the digital dimensionof violence against women. In another Human Rights Comment on violence against
women with disabilities,144 she highlighted the importance of the standards set in
the Istanbul Convention for the protection from violence of women with disabilities,
and referred to GREVIO’s mid-term horizontal review report, in which many of the
difficulties facing women with disabilities identified in GREVIO’s baseline evaluations are reported. In particular, the commissioner referred to GREVIO’s findings
about obstacles to reporting acts of violence and to seeking assistance and justice,harmful stereotypes and prejudices held by law-enforcement officials and the lackof information on support services in accessible formats. She also addressed theprohibition of forced sterilisation under the Istanbul Convention and renewed hercall for states to ratify and implement the Istanbul Convention, thereby reiterating
her commitment to the full implementation of the convention.
As in previous years, the commissioner continued to follow up on GREVIO’s findings contained in its baseline evaluation reports. In the report following her visit toAustria,145 the commissioner called on the Austrian authorities to build on GREVIO’sfindings of 2020, to increase efforts to prevent and combat all forms of violenceagainst women.

European Court of Human Rights
Since its entry into force, the Istanbul Convention has provided new internationallaw standards that can serve as guidance to the European Court of Human Rights(the “Court”) when issuing judgments related to member states’ legal obligations
to prevent and prosecute violence against women, including domestic violence,and to protect victims. In several judgments concerning violence against womenand domestic violence delivered in 2022 (Y and Others v. Bulgaria, Application No.
9077/18, 22 March 2022; Landi v. Italy, Application No. 10929/19, 7 April 2022; De
Giorgi v. Italy, Application No. 23735/19, 16 June 2022; M.S. v. Italy, Application
No. 32715/19, 7 July 2022; C. v. Romania, Application No. 47358/20, 30 August2022; J.I. v. Croatia, Application No. 35898/16, 8 September 2022; I.M. and Others v.
Italy, Application No. 25426/20, 10 November 2022; Malagic v. Croatia, Application
No. 29417/17, 17 November 2022; G.M. and Others v. the Republic of Moldova,
Application No. 44394/15, 22 November 2022), the Court referred to the Istanbul
Convention and/or GREVIO evaluation reports.
To give an example, in the case of C. v. Romania, which concerned sexual harassment,
the Court reiterated that Article 8 of the European Convention on Human Rights (the143. See Human Rights Comment: “No space for violence against women and girls in the digital world”,
March 2022.
144. See Human Rights Comment: “Addressing the invisibility of women and girls with disabilities”,
April 2022.
145. See Council of Europe Commissioner for Human Rights, Dunja Mijatović: Report following her visit
to Austria from 13 to 17 December 2021, May 2022.

Co-operation with other Council of Europe bodies and institutions ► Page 61

ECHR) requires that an adequate legal framework for the protection from this formof violence be put in place, in line with the Istanbul Convention and other international conventions. The Court found that despite Romanian law criminalising sexual
harassment in the workplace, the authorities’ decisions dismissing the applicant’s
allegations of sexual harassment lacked reasoning and law-enforcement agencies
failed in their duty to protect her from secondary victimisation. The Court thus concluded that the investigation into the applicant’s case had been significantly flawed,
in violation of the state’s positive obligations under Article 8 of the Convention.
The case of M.S. v. Italy concerned the judicial passivity in the proceedings against
the applicant’s husband for domestic violence, in violation of Article 3 of the ECHR. In
its reasoning, the Court shared GREVIO’s concern, as expressed in its baseline evaluation report on Italy, that long delays in criminal proceedings lead to many cases ofdomestic and sexual violence becoming time barred. In another case against Italy(I.M. and Others v. Italy), the Court referred to Article 31 of the Istanbul Convention,
which concerns proceedings relating to custody and visitation rights in the context
of domestic violence, and extensively quoted GREVIO’s findings on Italy. The caseconcerned a lack of protection of the applicants, a mother and her children, fromtheir abusive husband/father, who was accused of ill-treatment and threatening
behaviour against the children during supervised visits. The Court concluded thatthe authorities had not acted in accordance with the best interests of the children
when ordering them to attend the distressing meetings with their father and therefore found a violation of Article 8 of the Convention.
The case of G.M. and Others v. Moldova concerned the ineffective investigations
into a doctor repeatedly raping the three applicants, women with disabilities,
and the authorities’ failure to protect them from the non-consensual abortions
and the forced contraception imposed on one of them. The Court reiterated that
the Istanbul Convention lists forced abortions and forced sterilisation as forms ofgender‑based violence, and makes it an obligation for parties to criminalise suchintentional acts (Article 39), and that effective investigations must be carried out
into all forms of violence against women. The Court found a violation of Article 3 ofthe ECHR in its procedural and substantive aspects.
In the same vein, the European Convention on Human Rights and the Court’s jurisprudence remain an important source for GREVIO’s work, and its baseline evaluation
reports contain numerous references thereto. GREVIO’s baseline evaluation reports
on Germany and Iceland, for example, remind states of their obligations under
the Convention and point to the Court’s findings in the landmark judgment in thecase of Kurt v. Austria [GC], Application No. 62903/15, 15 June 2021. In view of thiscross-fertilisation between the two conventions, in 2022 GREVIO continued its close
co-operation with the European Court of Human Rights, their synergy making asubstantive contribution to the protection of women’s human rights.

Gender Equality Commission
In light of the central focus on gender equality in their respective mandates, synergies between GREVIO and the Gender Equality Commission (GEC), and its respective
secretariats, were ensured and further consolidated throughout the course of 2022.
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For example, at its 28th plenary meeting held 10-13 October 2022, GREVIO members
were invited to exchange with Andreia Lourenço Marques, Chair of the GEC, on mattersrelated to its ongoing work, including the role of men and boys in policies on genderequality and violence against women and on the implementation of the Council ofEurope Gender Equality Strategy (2018-2023), in particular on the progress made on
the strategic objective to prevent and combat violence against women. The discussion focused on ways to reinforce each other’s action on violence against womenand gender equality issues more widely, which was considered particularly vital inview of the continuing backlash against women rights. It was considered necessary
to find suitable measures to mitigate the double impact of the backlash on women’s
rights and the regression on gender equality as a result of the Covid-19 pandemic.
In turn, GREVIO’s president continued the practice of engaging in regular exchangesof views with the GEC, with a view to ensuring a continuum between standard setting and monitoring. Notably, on 22 November 2022, she informed the GEC about anumber of developments, including the near completion of the baseline evaluation
procedure for states parties. She announced GREVIO’s adoption of the first thematicquestionnaire, “Building trust by delivering support, protection and justice”, and thelaunching of its 1st thematic evaluation round, in the same order of states parties
as followed in the baseline evaluation procedure. She equally emphasised the factthat GREVIO’s monitoring work has revealed the need to set strategies on how toachieve better engagement of men and boys in policy making and implementation
to prevent and prosecute cases of violence against women, and to protect victims.
She also expressed support for the initiative of organising the Dublin Ministerial
Conference, highlighting that the Dublin Declaration rallies support for sustained
action to prevent violence against women and domestic violence, including measures
to incentivise men and boys to take part in preventive efforts.
At the GEC plenary meeting in November 2022, and ahead of the meeting, GREVIO
and its Secretariat provided input to the draft Guidelines on the Role of Men and Boys
in Gender Equality Policies and in Policies to Combat Violence against Women, toensure the integration of a violence against women perspective into the guidelines,
in accordance with the Istanbul Convention.

The Co-operation Unit of the Gender Equality Division
Reinforcing the fight against violenceagainst women and domestic violence in Kosovo* (phase III)
Under the Council of Europe co-operation project “Reinforcing the fight against
violence against women and domestic violence – Phase III” (2021-2023), run by the
Co-operation Unit of the Gender Equality Division, an activity was carried out jointlywith the Secretariat of the Istanbul Convention monitoring mechanism, with the aimof providing an assessment of the alignment of measures in place in Kosovo* withthe standards of Istanbul Convention. The rationale behind this initiative emerged
from the adoption of a constitutional amendment, on 25 September 2020, that gave
direct effect to the Istanbul Convention, demonstrating the commitment of Kosovo*
to reinforce its action to end violence against women and domestic violence. This
Co-operation with other Council of Europe bodies and institutions ► Page 63

co-operation activity followed GREVIO’s methodology and culminated in the publication of an assessment report on 24 November 2022, offering a tailor-made road map
for strengthening the response to violence against women and domestic violence.146
In preparing this report, GREVIO’s working methods and tools (such as its questionnaire) were used, as were the steps taken in its baseline evaluation procedure.
Accordingly, the report covers the compliance of measures in Kosovo* with the
Istanbul Convention in a comprehensive manner and is the result of a confidential
and constructive dialogue with relevant stakeholders. This activity was carried out inclose co-operation with the Deputy Minister of Justice and National Co-ordinator on
Domestic Violence as well as with other relevant officials from the Ministry of Justice.
It was based on information provided by the authorities and civil society at all stagesof the assessment, including through the submission of a consolidated report by theauthorities (presenting measures addressing violence against women and domestic
violence) and a five-day visit to Pristina and Gjakova/ Đakovica, organised from 21
to 25 February 2022. The Council of Europe delegation to Pristina was composed of
Aleid van den Brink, member of GREVIO, who acted as an adviser, two international
experts specialised in the field of violence against women, Eileen Skinnider andVirginia Gil Portoles, and two members of the Secretariat of the Istanbul Convention
monitoring mechanism and the Co-operation Unit of the Gender Equality Division,respectively, Valentine Josenhans and Ségolène Chesneau. The project team was
supported in its tasks by the Council of Europe Office in Pristina. During the visit,
meetings were organised with various public officials and members of civil society,including high-level public figures, such as Dr Nita Shala, Deputy Minister of Justiceand National Co-ordinator on Domestic Violence; Edi Gusia, Director of the Agency for
Gender Equality; Dafina Gexha, Deputy Minister of Health; and Edona Maloku-Bërdyna,
Deputy Minister of Education, Science, Technology and Innovation.
GREVIO took note of this assessment report during its 27th meeting, held from 10
to 13 October 2022. However, the sole responsibility for the content of this reportremains with its authors. This report offers a comprehensive overview of progress
and promising practices and identifies areas where there is room for improvement inensuring the compliance of laws, policies and measures in Kosovo* with the convention. Ultimately, it aims to provide concrete guidance to strengthen the response toviolence against women and domestic violence. To this end, its authors put forward
a number of recommendations.
On a positive note, the report stresses that Kosovo* has developed comprehensive
laws and policies to tackle violence against women and domestic violence. In 2019,the criminal code introduced the offences of sexual harassment and female genital mutilation. Regarding sexual violence, the criminal code also defines the term
“consent” as well as some non-exhaustive circumstances where consent cannot be
said to have been obtained, which represent a significant step towards adopting
a context-based approach to consent. In addition, the National Strategy on the146. The report “Assessment of the alignment of Kosovo’s* laws, policies and other measures with thestandards of the Council of Europe Convention on Preventing and Combating Violence against
Women and Domestic Violence (Istanbul Convention)” is available on the www.coe.int/en/web/
istanbul-convention/country-monitoring-work.

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Protection against Domestic Violence and Violence against Women (2022-2026),
adopted in January 2022, frames its objectives in the context of implementing
gender-sensitive measures aligned with the Istanbul Convention. In relation todomestic violence, specific legal and policy mechanisms, as well as central and local
mechanisms, promote multi-agency co-operation in policy making and individual
case management. The report also underlined that the appointment of specialist
law-enforcement units, prosecutors and civil judges represents a first step towards
improving access to justice for victims of domestic violence.
The report also highlights several areas where further action would lead to a higher
level of compliance with the Istanbul Convention, particularly regarding women’s
access to justice, protection and recovery. First, while most existing laws, policies
and training focus on domestic violence, no similar comprehensive approach covers other forms of violence against women. On the ground, despite an increase inreports of domestic violence, further efforts are needed to improve the prosecutionof cases of violence against women and to ensure that domestic violence is considered in decisions on child custody or visitation rights. The system of protection
orders would also need to be reviewed to effectively cover all victims and ensurethat perpetrators cannot share housing with the victim. In addition, access to specialist support services and shelters is hampered since these services, often run by
women’s rights NGOs, struggle to operate continuously due to inadequate publicfunding, and fully established rape crisis or sexual violence referral centres do notexist. In many cases, women’s economic dependence on their abusers, notably due
to unequal access to property and inheritance rights, prevent them from escaping
violence. The report also covers violence against women in the post-conflict context,
stressing that while the work of the Government Commission for the Verificationand the Recognition of the Status of Victims of Sexual Violence has been central to
granting reparation to victims of conflict-related sexual violence in Kosovo* since
2018, there are limitations caused by the eligibility period for applying for reparationand victims’ lack of awareness about it.

Ending violence against women: multi-country programme (2022-2025)
Follow-up round table on GREVIO’s baseline evaluation
procedure and the Committee of the Parties’ conclusions
As part of the project “Ending violence against women: multi-country programme”(2022-2025), run jointly with the Council of Europe Co-operation Unit of the Gender
Equality Division, the Secretariat of the Istanbul Convention monitoring mechanism
initiated its first follow-up round table on GREVIO’s findings and on the conclusions
by the Committee of the Parties, aimed at promoting dialogue and exchange of goodpractices in states parties that have fully completed the baseline evaluation cycle.
By gathering relevant government and civil society representatives, this one-day
round table provides the opportunity to reflect on practical ways to implement the
Istanbul Convention and discuss progress and challenges in addressing GREVIO’sfindings, as well as the recommendations and conclusions of the Committee of theParties. It aims to promote co-operative learning and knowledge sharing among
peers and does not form part of the monitoring procedure of the convention. Indeed,
Co-operation with other Council of Europe bodies and institutions ► Page 65

the round table seeks to fill the needfor more opportunities for peer learning and exchanges on practical ways toimprove national responses to violenceagainst women and domestic violence,in line with the outcomes of the baseline
evaluation procedure.
On 22 November 2022, the Council ofEurope organised in Tirana the first roundtable on the baseline evaluation procedure, in partnership with the Albanian
Ministry of Health and Social Protection.
Albania is one of the seven states parties that have completed the initial monitoring by
GREVIO and the Committee of the Parties. The event attracted more than 40 Albanian
officials and civil society representatives, including speakers from all sectors active
in combating violence against women. High-level Albanian officials took part in theevent, including Ogerta Manastirliu, Minister of Health and Social Protection; Denada
Seferi, Deputy Minister of Ministry of Health and Social Protection; Silvana Alimadhi,
Head of the Children and Domestic Violence Sector at the General Directorate of
the State Police; and Patris Pogace, Head of Free Legal Aid at the Ministry of Justice.
The round table was tailored to the national needs and included thematic panels
covering relevant national developments and persisting gaps identified by GREVIO.
During these exchanges, the Albanian authorities and civil society took stock of thegood level of progress made to address GREVIO’s findings, including the adoptionof a “Social Fund” to finance the setting up of local support services; the creation ofmultidisciplinary services for victims of violence against women, including sexual
violence; the legal obligation for the police to carry out systematic risk assessments;
the launch of a free legal aid system, since 2018; and the deployment of National
Referral Mechanisms dealing with case management in all municipalities. The discussion also identified further action to be taken to ensure access to support, protection
and justice for all women victims of violence. This encompasses the need to expand
the geographical coverage and accessibility of support services, to improve thesustainability and the visibility of the legal aid system, to reinforce co-ordination
across the judicial chain and to ensure the involvement of the health sector in thedetection and prevention of violence against women.
The thematic panels were moderated by the Executive Secretary of the
Istanbul Convention, Johanna Nelles, and Rachel Eapen Paul, former member of
GREVIO acting as an external expert. During the closing session, Rachel Eapen Paul
presented a summary of measures identified during the day. All in all, the event
gave participants a unique opportunity to exchange on positive developments,
the remaining challenges and the possible ways to move forward in implementing GREVIO’s findings and the Committee of the Parties’ conclusions, encouraging
greater national compliance with the Istanbul Convention. Moreover, the roundtable, particularly the contribution of the Minister of Health, was also widely coveredby the Albanian media (Gazeta Express, Vizion Plus, Gazeta Tema), highlighting thestandards of the Istanbul Convention and the added value of GREVIO’s monitoring
Page 66 ► 4th General Report on GREVIO’s activities

across the country. In order to reach a wider audience, some parts of the opening
speeches were recorded and shared on the social media of the Albanian Ministryof Health and Social Protection.
Meeting of national co-ordinating bodies
established under Article 10 of the Istanbul Convention
On 15 November 2022, in partnership with the Finnish Government and as part ofthe project “Ending violence against women: multi-country programme” (2022-2025),
the Council of Europe organised the first meeting of the national co-ordinating
bodies set up in accordance with Article 10 of the Istanbul Convention. The aim of
the meeting was to bring together representatives from national structures thatdesign, co-ordinate, implement and/or monitor policies on violence against womenat national level.
This one-day seminar was organised
to allow state officials responsible forpolicy making on violence against
women to learn from and exchangewith their counterparts via the presentation of good practices driving policychange in this area. In total, 21 states
parties were represented by officials
from national structures and ministries
who co-ordinate policies on violenceagainst women, resulting in in-depth
expert discussions around inspiring presentations.
The meeting was opened by high-level representatives, including
Pekka Haavisto, Minister for Foreign Affairs of Finland, Marja Ruotanen, Director of
Democracy and Human Dignity, Council of Europe, and Marie Fontanel, Chair of theCommittee of the Parties to the Istanbul Convention, Ambassador and Permanent
Representative of France to the Council of Europe. It was followed by a keynote
speech by Iris Luarasi, President of GREVIO, who presented GREVIO’s findings on thenational co-ordinating bodies, as defined under Article 10 of the Istanbul Convention.
In order to promote the implementation of the Istanbul Convention’s standards inline with GREVIO’s findings, this seminar contributed to promoting synergies andknowledge exchange among those state officials who are most involved in the design,
implementation and co-ordination of policies on violence against women, allowing
them to tap into the expertise and experience of their counterparts and capitalisingon the added value of the Istanbul Convention and its monitoring mechanism. It
offered a forum for exchange and networking and laid the foundation for bilateraland direct exchanges among the participants.
Participants also took an active role in the meeting presenting promising example
of multi-agency co-operation in their countries. The themes addressed focused onpractical examples of promising practices and experience in ensuring policy co-ordination in four areas related to violence against women: 1) multi-agency co-operationin service provision in Finland and France (detailing the examples of the Finnish
sexual violence support services and the co-operation between the health sector
Co-operation with other Council of Europe bodies and institutions ► Page 67

and law enforcement around reporting in France); 2) multi-agency co-ordination in
evaluation and data collection in Ireland and Portugal; 3) the functioning of national
co-ordinating bodies, set up in line with Article 10 of the convention in Spain and
Finland; and 4) examples of how to develop national action plans based on the
Istanbul Convention, in Sweden and Switzerland. The four panels were moderated
by Johanna Nelles, Executive Secretary of the Istanbul Convention. All presentations
provided participants with tools and guidance on how to foster policy co-ordinationin preventing and combating violence against women.

Group of Experts on Action against
Trafficking in Human Beings (GRETA)
The two independent monitoring bodies of the Council of Europe, GREVIO and GRETA(Group of Experts on Action against Trafficking in Human Beings), organise regularexchanges of views. Their co-operation has been based on regular, annual and ad hoc
meetings and exchanges since the Istanbul Convention entered into force. Following
the fruitful meeting and exchange in June 2021, the presidents of the two bodies
agreed to hold another exchange of views in the reporting period under review.
GREVIO invited the President of GRETA to its meeting from 10 to 13 October for an
exchange of views and experiences, in view of the upcoming second round of evaluation in line for GREVIO and particularly in view of the fact that GRETA has alreadyundergone three rounds of evaluation and has accrued valuable experience in theprocess. However, due to time constraints, it was ultimately decided to postpone
the exchange to a future GREVIO meeting in 2023.

Steering Committee for the Rights of the Child
During the reporting period, GREVIO continued its close co-operation with theSteering Committee for the Rights of the Child (CDENF), in particular its sub-ordinate
body, the Committee of Experts on the rights and best interests of the child in thecontext of parental separation and in care proceedings (CJ/ENF-ISE). In this respect,
GREVIO provided input to the draft Committee of Ministers recommendation on theprotection of the best interests of the child in situations of parental separation, inparticular on issues including the use of alternative dispute resolution proceduresin domestic violence cases.

Cybercrime Division
In light of the synergies between the
Istanbul Convention and GREVIO’s General
Recommendation No. 1 on the digital dimensionof violence against women and the Cybercrime
Convention and its Second Additional Protocol
on co-operation and disclosure of electronic
evidence, GREVIO increased co-operation with
the Cybercrime Division during the reporting
period. In this respect, Iris Luarasi, the President
Page 68 ► 4th General Report on GREVIO’s activities

of GREVIO, gave opening remarks and moderated a workshop on women victims
of cybercrime and ensuring their access to effective remedies, at the international
conference on promoting the role of women in preventing, investigating and prosecuting cybercrime, which took place on 10 and 11 November 2022 in Costa Rica.
In close co-operation with the Cybercrime Division, the Violence against Women
Division of the Council of Europe organised an international conference, “Applying
the cybercrime frame to digital violence against women”, on 6 December 2022,
within the framework of the Icelandic Presidency of the Committee of Ministers.
The conference addressed the digital dimension of violence against women by presenting legal instruments in the fields of cybercrime and violence against women,such as the Istanbul Convention and GREVIO’s General Recommendation No. 1 on
the digital dimension of violence against women, and the Cybercrime Convention
and its Second Additional Protocol on enhanced co-operation and disclosure ofelectronic evidence. GREVIO’s President, Iris Luarasi, and various national experts
participated in this conference and discussed the impact of these instruments on
the development of policies and promising practices related to the prevention andprosecution of such violence and the protection of victims.

Special Representative of the Secretary
General on Migration and Refugees
In the period under review, the Secretariat of the Istanbul Convention monitoring mechanisms continued to co-operate with the Special Representative of theSecretary General on Migration and Refugees (SRSG) in the context of the Councilof Europe Action Plan on Protecting Vulnerable Persons in the Context of Migration
and Asylum (2021-2025). In particular, the Secretariat regularly participated in themeetings of the internal Co-ordination Group on Migration and shared with the
SRSG information relating to the action plan and migration issues which primarily
pertain to its monitoring work.
Between 12 and 14 December 2022, GREVIO member Ellen O’Malley-Dunlop joined
the delegation of the SRSG in her fact-finding visit to Romania. The report147 of thisvisit, published in February 2023, addresses the situation of women and girls who
have fled Ukraine and the risks for them of being subjected to gender-based violence.

147. Report of the fact-finding mission to Romania by Ms Leyla Kayacik, Special Representative of
the Secretary General on Migration and Refugees, 12-14 December 2022, SG/Inf(2023)10, of
17 February 2023.

Co-operation with other Council of Europe bodies and institutions ► Page 69

Co-operation with civilsociety and national
institutions for theprotection of human rights
Role of NGOs and civil society, including
national human rights institutions
Civil society has long played a very important role in preventing and combating
violence against women and domestic violence, by contributing to making progressin this area, shaping political and public awareness and providing much needed
services in the field, complementing those provided by states. These services arevital for women who have suffered violence and many organisations have built up
valuable expertise and knowledge in the course of decades of work in the field. The
Istanbul Convention, particularly its Article 9, recognises the importance of involving NGOs in all efforts to end violence against women and domestic violence on anational and international level. It also provides a framework for civil society andnational human rights institutions to participate in and contribute to the monitoring work of GREVIO.
► Page 70

The number of civil society organisations taking up this task has grown significantly
over the years, which is evidenced by the number of consolidated reports submitted
to GREVIO concerning the Istanbul Convention. In the course of national evaluations
that took place in the period under review, a significant number of relevant reports
from NGOs were received. For example, during the evaluation of Croatia, a total of fourshadow reports were received from local NGOs and umbrella organisations. Two ofthese were joint, comprehensive reports addressing the entire set of provisions of the
Istanbul Convention, reflecting on legislative measures and their implementation inpractice. Apart from local, specialised NGOs and umbrella organisations, international
coalitions and networks have also taken an increasing interest in co-operating withGREVIO’s evaluation work and often initiate co-operation with local organisations tobetter address the relevant issues. For example, ahead of the country visit of Greece
planned for 2023, GREVIO received a joint shadow report focusing on female genital mutilation co-authored by DIOTIMA, a Greek NGO, and the End FGM European
Network. Similar trends of local and international organisations co-operating toaddress specific issues together in one or more states parties were noted in severalof the monitoring procedures that took place during the reporting period.
GREVIO continues to recognise the need to exchange in depth with a wide rangeof civil society representatives active in the field of violence against women (NGOs,
lawyers, academics, journalists) and other relevant interlocutors, such as national
human rights institutions, including ombudspersons and other national humanrights bodies. Such key stakeholders, including organisations providing specialist
services for women victims, are regularly consulted during GREVIO’s on-site visits.
In the period under review, GREVIO held many consultations and exchanges of views
with civil society actors. For example, on 10 March 2022 an online event was organised
under the title “Ending Violence against Women in the Western Balkans and Türkiye– Implementing Norms, Changing Minds” by Women against Violence Europe (theWAVE Network). This event, which was attended by important writers such as Elif
Shafak and Rumena Bužarovska, included a presentation by Biljana Branković, GREVIO
member, on prevention and response to sexual violence in the Western Balkans
and Türkiye, which was followed by an exchange and discussion with civil society.
Another particularly fruitful exchange took place on 16 December, when GREVIO’s
President Iris Luarasi participated in an exchange with the European Network for
the Work with Perpetrators of Domestic Violence, one of the key stakeholders in thisfield. The exchange was held online and focused on issues and concerns linked tothe use of stalkerware and other digital forms of gender-based violence.

Findings of GREVIO on state recognitionof and support for NGOs and civil society
The importance of involving civil society, and specifically NGOs, in establishing andimplementing policies and measures to combat violence against women is explicitly
recognised in Article 9 of the Istanbul Convention. In view of the above, GREVIO
regularly and systematically, as part of its evaluation procedures, assesses whether
states parties to the convention honour this obligation. GREVIO has emphasised theneed for states parties to adopt an inclusive approach towards NGOs and to conduct
Co-operation with civil society and national institutions for the protection of human rights ► Page 71

a systematic consultation process with them about preventing and combating
violence against women and domestic violence.
In the nine final reports on states parties’ evaluations adopted in the period underreview, GREVIO noted numerous good and commendable practices when it comesto recognition of the work and participation in policy making of NGOs. This adds toan overall increase in the level of societal acknowledgement of the role played byNGOs observed in all states parties evaluated in the period under review. A goodpractice identified in Norway, for example, was the establishment of a forum for
co-operation with NGOs initiated by the Ministry of Justice and Public Security. This
forum served as a formal and permanent structure for co-operation between civilsociety and the authorities in the field of domestic violence. Another encouraging
example observed was the regular involvement of NGOs in policy development at
both national and Cantonal/Länder level in Switzerland and Germany, respectively.
Having consultation processes at all relevant levels of policy making is an encouraging sign that the role of civil society in policy making in the field of violence against
women and domestic violence is given serious consideration by authorities.

Page 72 ► 4th General Report on GREVIO’s activities

Co-operation withinternational organisations

S

ince its inception, GREVIO has engaged in co-operation with internationalorganisations, intergovernmental structures and international and regional
monitoring bodies that operate in the area of violence against women. GREVIO
considers it essential to further explore synergies and co-operation with these
entities in the context of its monitoring work and beyond, and to strengthen respect for international and regional standards in the area of women’s rights – jointly
and through the respective mandates – within the framework of the Platform of
Independent Expert Mechanisms on Discrimination and Violence against Women(EDVAW Platform).

United Nations
GREVIO has continued to engage with UN entities and mandates,in particular in the context of the Platform of Independent Expert
Mechanisms on Discrimination and Violence against Women(EDVAW Platform, see Chapter X, section 2).
► Page 73

On 17 March 2022, GREVIO’s President, Iris Luarasi, acted as a panellist in a side
event to the 66th session of the Commission on the Status of Women (CSW). The
side event was convened by the UN Special Rapporteur on Violence against Women,
its Causes and Consequences, Reem Abdeslam, and was held under the banner“Gender-sensitive and child-centred judicial proceedings in custody cases: The
use of the pseudo and regressive theory of parental alienation”. Iris Luarasi sharedwith the audience GREVIO’s many findings in respect of several states parties tothe Istanbul Convention regarding the negative impact of using what is known as“parental alienation syndrome” in court proceedings, particularly child custody andvisitation decisions, which allows intimate partner violence and the resulting safety
risks for women and children to remain unaddressed.
GREVIO’s involvement in the EU/UN Women Regional Programme “Ending Violenceagainst Women in the Western Balkans and Türkiye: Implementing Norms, Changing
Minds” continued in 2022. In this context, GREVIO members actively took part in two
webinars. In an online conference organised on 10 March 2002 (“Partnering to prevent and respond to sexual violence”), Biljana Branković – GREVIO member – madea presentation on sexual violence. On 29 and 30 November 2022, GREVIO members
Marie-Claude Hofner and Marceline Naudi took part in the Fourth Regional Forumon Ending Violence against Women in the Western Balkans and Türkiye, sub-titled“Integrated policies, inclusive partnerships”, organised as part of an EU/UN Women
project. Marie-Claude Hofner presented GREVIO’s findings on co-operation between
women’s NGOs and healthcare providers, while Marceline Naudi was a member ofa panel on femicide watches and evidence-based policy making.

Platform of Independent Expert Mechanisms
on Discrimination and Violence against
Women (EDVAW Platform)
The Platform of Independent Expert Mechanisms on Discrimination and Violenceagainst Women (EDVAW Platform) gathers seven United Nations and regional
independent expert mechanisms on violence against women and women’s rights
operating at the international and regional levels (see also Chapter V, section 1.d).
It aims to strengthen institutional co-operation between the mechanisms with aview to undertaking joint action to harmonise and improve the implementation of
the existing international legal and policy frameworks on violence against women.
The President of GREVIO took over the presidency of the EDVAW Platform for a
one-year mandate, from 1 February 2022 to 31 January 2023. GREVIO was the firstregional mechanism to chair the platform, following its establishment in 2018, witha mandate that focused on the digital dimension of violence against women at the
global level, as agreed by the platform.
In the margins of the 66th session of the Commission of the Status of Women (CSW),
the EDVAW Platform held its 12th virtual meeting, where members had the opportunity
to engage with the Chair of the Committee of Parties to the Istanbul Convention. This
exchange allowed the garnering of political support for preventing and combating
violence against women and domestic violence on the basis of existing internationaland regional legal instruments, notably the Istanbul Convention. The president ofPage 74 ► 4th General Report on GREVIO’s activities

the platform launched a flyer148 on the platform in three languages (English, Frenchand Spanish), providing a better understanding of the role, functions and vision of
the platform. On 15 March, the platform also organised a side event on building acommon front against the digital dimension of violence against women, featuringhigh-level stakeholders, notably the UN Assistant Secretary General for Human Rights,
independent expert mechanisms part of the EDVAW Platform (such as GREVIO) anda parliamentarian from PACE (Zita Gurmai, General Rapporteur on Violence against
Women). This event highlighted the importance of continued dialogue between
international and regional mechanisms working on digital violence against womenand girls and between civil society and tech companies.
At its 13th meeting, held on the margins of the 50th session of the UN Human
Rights Council in June in Geneva, the EDVAW Platform held a thematic discussion
on online and technology-facilitated violence against women. Following it, the
EDVAW Platform issued a statement149 proposing further joint action in this regard,
including a commitment to prepare its first thematic paper outlining the ways inwhich international and regional women’s rights mechanisms have addressed thedigital dimension of violence against women. Prior to the meeting, bilateral discussions were held with Michelle Bachelet, UN High Commissioner for Human Rights(UNHCHR), and Gillian Triggs, Assistant High Commissioner for Protection with theUnited Nations High Commissioner for Refugees (UNHCR), where the EDVAW Platformpresented its work and exchanged views on international and regional standards toeliminate violence against women and discrimination across the world, including
in its digital dimension.
On 17 November, the EDVAW Platform held its 14th virtual meeting and adopted its
first thematic report, “The digital dimension of violence against women as addressed148. Available at www.coe.int/en/web/istanbul-convention/-/president-iris-luarasi-launches-new-flyer-on-the-edvaw-platform.
149. Available at https://rm.coe.int/statement-edvaw-platform-17-june-2022/1680a6ef8b.

Co-operation with international organisations ► Page 75

by the seven mechanisms of the EDVAW Platform”.150 This report aims to address
the digital dimension of violence against women within the scope of the mandatesof platform members and to foster further dialogue and co-operation among themembers of the EDVAW Platform. It also identifies some promising practices andchallenges, and it proposes common action to be taken by the EDVAW Platform in
response to the growing worldwide phenomenon of online and technology-facilitatedviolence against women. The report was made available during the 16 days of activism. On 25 November, under the presidency of GREVIO, the platform released a jointstatement151 calling on states to end impunity for violence against women and girls
across the world. The statement acknowledges with concern that prosecution andconvictions for acts of violence against women, including their digital dimension,
remain low while women and girls around the world still face difficulties in accessing
criminal and administrative justice and support services.

Organization for Security and Co-operation in Europe (OSCE)
The Ministerial Council of the OSCE has demonstrated its strong support for the
Istanbul Convention since 2014, when it adopted a decision on preventing andcombating violence against women that explicitly calls on OSCE member states
to sign and ratify the convention. Since then, co-operation between GREVIO andthe OSCE has primarily taken the form of exchanges of views in the framework ofhigh-level political meetings organised by the OSCE Gender Section and the Officefor Democratic Institutions and Human Rights (ODIHR), such as the OSCE Gender
Equality Review Conferences and the Human Dimension Implementation Meetings.
The OSCE and ODIHR continue to support projects in many European countries on
topics relevant for the application and implementation of the Istanbul Convention.
In 2021 a number of projects highlighted the importance of the work of GREVIO,
including a new project scheduled to run until 2024 (WIN for Women and Men),
which focuses on promoting gender equality principles through various training
programmes in member states.
A notable example of how the OSCE helps to further the aims and principles of the
Istanbul Convention is through the WIN project, mentioned above. In the period
under review, a workshop dedicated to updating the curriculum for law enforcement
on gender-based violence took place in Podgorica, Montenegro, on 29 November
2022. The workshop was attended by 17 participants, including representatives
from the Police Academy, Police Directorate, various police units, representatives
from ministries, prosecutors and NGOs. At the workshop, participants discussed a
set of recommendations proposed by the OSCE to improve the national curriculumand elaborated on effective ways to institutionalise changes by aligning the current
materials with the Istanbul Convention.
150. Available at https://rm.coe.int/thematic-report-on-the-digital-dimension-of-violence-against-women-as-/1680a933ae.
151. Available at https://rm.coe.int/final-edvaw-statement-november-2022-international-day-for-the-eliminat/1680a92280.

Page 76 ► 4th General Report on GREVIO’s activities

European Union
During the reporting period GREVIO and its Secretariat maintained regular contact with the European Commission, the Council of the European Union and the
EU Parliament, as well as with various EU agencies, including the Fundamental Rights
Agency (FRA) and the European Institute for Gender Equality (EIGE).
In particular, GREVIO, its Secretariat and the Head of Department of Human Dignity
and Gender Equality of the Council of Europe, Roberto Olla, exchanged views
on different occasions with the European Commission (DG JUST), the European
Parliament Committee on Women’s Rights and Gender Equality (FEMM) and theEuropean Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE)
on the proposed directive on combating violence against women and domestic
violence, adopted on 8 March 2022. GREVIO President, Iris Luarasi, spoke before
the FEMM Committee on the possible synergies and complementarity between the
Istanbul Convention and the draft directive, sharing lessons learned from GREVIO’smonitoring work. GREVIO closely follows all developments on the draft directive,
including on the amendments proposed by the European Parliament and the developments related to the European Union’s prospective ratification of the Istanbul
Convention. GREVIO and its Secretariat have also provided input to the draft EU
Council conclusions on preventing and combating violence against women, targeting psychological violence and coercive control.
Fruitful synergies have also been fostered between GREVIO, the FRA and its respective
secretariats. For example, ahead of the Dublin Ministerial Conference, the Presidentof GREVIO and the Director of the FRA held an exchange on the importance of datacollection on women’s experiences of violence against women, and about prevalence surveys and the FRA’s work in this area. They also discussed possible synergies
between the two bodies with regard to GREVIO’s General Recommendation No. 1
on the digital dimension of violence against women.

Co-operation with international organisations ► Page 77

Concluding remarks

G

REVIO’s 4th General Report on its activities has shed light on several promising steps taken in 2022 to promote the transformative power of the
Istanbul Convention, including the increasing number of parties and GREVIO’ssustained monitoring efforts and knowledge exchange on tangible changes made bystates parties to align their laws, policies and practices on violence against womenwith the standards of the convention.
This general report on GREVIO’s activities provides a clear insight into the impact on
the ground of the convention as well as the challenges in its implementation. Key
landmarks of 2022, beyond the adoption and publication of nine baseline evaluation reports, include the new GREVIO questionnaire for the next evaluation round,“Building trust by delivering support, protection and justice”; the Dublin Declarationon the Prevention of Domestic Violence, Sexual and Gender-based Violence, signedby 38 Ministers in September 2022; and GREVIO’s presidency of the Platform of
Independent Expert Mechanisms on Discrimination and Violence against Women,
which placed particular attention on the digital dimension of violence against womenand led to the publication of a thematic report on this issue.
Furthermore, two new initiatives were started in 2022: the first meeting of national
co-ordinating bodies set up under Article 10 of the Istanbul Convention, which took
place in Helsinki, Finland, in November 2022; and the first round table, held in Albania,
to promote national dialogue on the progress and challenges of implementing therecommendations from GREVIO and the Committee of the Parties.
► Page 78

The focus section entitled “Approaches taken in states parties to the Istanbul
Convention on the criminalisation and prosecution of sexual violence, includingrape” addresses what remains one of the most under-reported forms of violenceagainst women, with high dropout rates in related investigations and prosecutions
which lead to a culture of impunity that the Istanbul Convention aims to reverse.
This section shows the evolution of policies and practices and the positive impactthat GREVIO’s monitoring activity is having on the legislation on sexual violence,
including rape, in states parties.
GREVIO’s monitoring work remains of the utmost importance as violence against
women and domestic violence continue to be prevalent in our societies, families andintimate relationships. More resources, political will and the effective co-ordinationof all involved are therefore necessary to move closer to achieving gender equality
and women’s right to a life free from violence. The full range of activities describedin this report testifies to the continuous need to implement the standards of the
Istanbul Convention, in line with GREVIO’s assessments and in co-operation withall relevant actors, to prevent and combat violence against women and domestic
violence, by legal practitioners, civil society organisations, service providers, national
and local authorities, health professionals, international and local women’s rights
NGOs and human rights institutions. Furthermore, efforts need to be stepped up to
increase the number of parties to the convention and to therefore expand its impact
and geographical coverage, in Europe and beyond.

Concluding remarks ► Page 79

Appendix 1 List of GREVIO’s activities
between January andDecembre 2022
GREVIO meetings► 26th GREVIO meeting - Strasbourg, 1-2 March 2022
► 27th GREVIO meeting - Strasbourg, 20-24 June 2022
► 28th GREVIO meeting - Strasbourg, 10-13 October 2022

GREVIO’s first baseline evaluation reports (in order of publication)► Romania, adopted during the 26th GREVIO meeting on 2 March 2022 andpublished on 16 June 2022
► Germany, adopted during the 27th GREVIO meeting on 24 June and publishedon 7 October 2022
► Bosnia and Herzegovina, adopted during the 28th GREVIO meeting on
13 October 2022 and published on 8 November 2022
► Iceland, adopted during the 28th GREVIO meeting on 13 October 2022 andpublished on 14 November 2022
► Switzerland, adopted during the 28th GREVIO meeting on 13 October 2022 andpublished on 15 November 2022
► Estonia, adopted during the 28th GREVIO meeting on 13 October 2022 andpublished on 17 November 2022
► Georgia, adopted during the 28th GREVIO meeting on 13 October 2022 andpublished on 22 November 2022
► Cyprus, adopted during the 28th GREVIO meeting on 13 October 2022 andpublished on 23 November 2022
► Norway, adopted during the 28th GREVIO meeting on 13 October 2022 andpublished on 25 November 2022

Evaluation visits► Switzerland, from 7 to 11 February 2022
► Estonia, from 14 to 18 February 2022
► Cyprus, from 14 to 18 March 2022
► Iceland, from 28 March to 1st April 2022
► North Macedonia, from 26 to 30 September 2022
► Croatia, from 17 to 21 October 2022
► Luxembourg, from 24 to 27 October 2022

► Page 80

Appendix 2 –Timeline of GREVIO’sbaseline evaluation
procedure (2016 - 2024)
Questionnaire
to be sent

Deadline
for state reports

Evaluation
visitsPublicationof GREVIO
baselineevaluation
reports

Austria
MonacoMarch 2016

September 2016

November 2016
December 2016

September 2017

Albania
Denmark

September 2016

January 2017

April 2017
May 2017

November 2017

Montenegro
Türkiye***January 2017

May 2017

November 2017

September 2018

Portugal
SwedenMay 2017

September 2017

February 2018
March 2018

January 2019

FinlandFranceNovember 2017

March 2018

October 2018

Italy
Netherlands
SerbiaFebruary 2018

June 2018

March 2019

Spain
Belgium

September 2018

February 2019

October 2019

Andorra
Malta

September 2018

February

February 2020

November 2020

PolandSan Marino
Slovenia

February 2019
September 2019
February 2019

September 2019Feb. 2020
Oct. 2019

September 2020

September 2021

Romania**

September 2019

February 2020

July 2021

June 2022

Bosnia andHerzegovina**
Germany**

September 2019
February 2020

February 2020
June 2020

Fall 2021

October 2022

PARTIESTO THECONVENTION

September 2019
December 2019
January 2020
November 2020**
September 2020

► Page 81

PARTIES
TO THECONVENTION

Questionnaire
to be sent

Deadline
for state reports

Evaluation
visitsPublicationof GREVIO
baselineevaluation
reports

Estonia**
Cyprus
Switzerland
Iceland, Norway**
Georgia**

October 2020
February 2021

March 2021
June 2021

February/March2022

November 2022

Croatia
Luxembourg
North Macedonia

September 2021

February 2022

Fall 2022

September 2023

Greece Ireland
Liechtenstein
Moldova

February 2022

September 2022

March 2023

November 2023

To be determined

To be determined

January/February
2024

November 2024

UkraineUnited Kingdom

January 2023

June 2023* Changes to the timeline due to the adoption of the reporting form** Changes to the timeline due to the COVID-19 pandemic.
*** With effect of 1 July 2021, Türkiye withdrew from the Istanbul Convention and is no longer a state party to this convention.

Page 82 ► 4th General Report on GREVIO’s activities

Appendix 3 – Signatures andratifications of the Councilof Europe Convention on
preventing and combating
violence against womenand domestic violenceState or International
Organisation

Signature

Ratification

Entry into Force

Albania

19/12/2011

04/02/2013

01/08/2014

Andorra22/02/2013

22/04/2014

01/08/2014

Armenia

18/01/2018

Austria

11/05/2011

14/11/2013

01/08/2014

Belgium

11/09/2012

14/03/2016

01/07/2016

Bosnia and Herzegovina

08/03/2013

07/11/2013

01/08/2014

Bulgaria

21/04/2016

Croatia

22/01/2013

12/06/2018

01/10/2018

Cyprus

16/06/2015

10/11/2017

01/03/2018

Czech Republic

02/05/2016

Denmark

11/10/2013

23/04/2014

01/08/2014

Estonia

02/12/2014

26/10/2017

01/02/2018

Finland

11/05/2011

17/04/2015

01/08/2015

France11/05/2011

04/07/2014

01/11/2014

Georgia

19/06/2014

19/05/2017

01/09/2017

Germany

11/05/2011

12/10/2017

01/02/2018

Greece11/05/2011

18/06/2018

01/10/2018

Hungary

14/03/2014

Azerbaijan► Page 83

Iceland11/05/2011

26/04/2018

01/08/2018

Ireland

05/11/2015

08/03/2019

01/07/2019

Italy

27/09/2012

10/09/2013

01/08/2014

Latvia18/05/2016

Liechtenstein

10/11/2016

17/06/2021

01/10/2021

Lithuania

07/06/2013

Luxembourg

11/05/2011

07/08/2018

01/12/2018

Malta

21/05/2012

29/07/2014

01/11/2014

Monaco20/09/2012

07/10/2014

01/02/2015

Montenegro

11/05/2011

22/04/2013

01/08/2014

Netherlands

14/11/2012

18/11/2015

01/03/2016

North Macedonia

08/07/2011

23/03/2018

01/07/2018

Norway07/07/2011

05/07/2017

01/11/2017

Poland

18/12/2012

27/04/2015

01/08/2015

Portugal

11/05/2011

05/02/2013

01/08/2014

Republic of Moldova

06/02/2017

31/01/2022

01/05/2022

Romania

27/06/2014

23/05/2016

01/09/2016

San Marino

30/04/2014

28/01/2016

01/05/2016

Serbia04/04/2012

21/11/2013

01/08/2014

Slovak Republic

11/05/2011

Slovenia

08/09/2011

05/02/2015

01/06/2015

Spain

11/05/2011

10/04/2014

01/08/2014

Sweden11/05/2011

01/07/2014

01/11/2014

Switzerland

11/09/2013

14/12/2017

01/04/2018

Türkiye*

11/05/2011

14/03/2012

01/08/2014

Ukraine07/11/2011

18/07/2022

01/11/2022

United Kingdom

08/06/2012

21/07/2022

01/11/2022* Withdrawn with effect of 01/07/2021

Page 84 ► 4th General Report on GREVIO’s activities

Appendix 4 –List of GREVIO members
From January to 31 August 2022
Name

Nominated by

Title

From

To

Iris Luarasi

Albania

President

01/06/2019

31/05/2023

Simona Lanzoni

Italy

First Vice-President

01/06/2019

31/05/2023

Maria-Andriani Kostopoulou Greece

Second Vice-President

01/06/2019

31/05/2023

Maria Rún Bjarnadóttir

Member

08/12/2021

31/05/2023

Iceland

Biljana Branković

SerbiaMember

01/06/2019

31/05/2023

Françoise Brié

FranceMember

01/06/2019

31/05/2023

Rachel Eapen Paul

NorwayMember

01/09/2018

31/08/2022

Per Arne Håkansson

SwedenMember

01/09/2018

31/08/2022

Marie Claude Hofner

Switzerland

Member

01/06/2019

31/08/2022

Ivo Holc

Slovenia

Member

01/06/2019

31/05/2023

Sabine Kräuter-Stockton

Germany

Member

01/09/2018

31/08/2022

Helena Leitão

Portugal

Member

01/06/2019

31/05/2023

Vladimer Mkervalishvili

Georgia

Member

01/09/2018

31/08/2022

Marceline Naudi

Malta

Member

01/06/2019

31/05/2023

Aleid Van den Brink

Netherlands

Member

01/09/2018

31/08/2022

From 1 September to 31 December 2022
Name

Nominated by

Title

From

To

Iris Luarasi

Albania

President

01/06/2019

31/05/2023

Simona Lanzoni

Italy

First Vice-President

01/06/2019

31/05/2023

Maria-Andriani Kostopoulou Greece

Second Vice-President

01/06/2019

31/05/2023

Laura Albu

Romania

Member

01/09/2022

31/08/2026

Maria Rún Bjarnadóttir

IcelandMember

08/12/2021

31/05/2023

Biljana Branković

SerbiaMember

01/06/2019

31/05/2023

Françoise Brié

FranceMember

01/06/2019

31/05/2023

Päivi Hirvela

FinlandMember

01/09/2022

31/08/2026

Marie Claude Hofner

Switzerland

Member

01/06/2019

31/08/2022

Ivo Holc

Slovenia

Member

01/06/2019

31/05/2023

Helena Leitão

Portugal

Member

01/06/2019

31/05/2023

Marceline Naudi

Malta

Member

01/06/2019

31/05/2023

Ellen O’Malley-Dunlop

Irish

Member

01/09/2022

31/08/2026

Aleid Van den Brink

Netherlands

Member(re-elected)

01/09/2022

31/08/2026

Grzegorz Wrona

PolandMember

01/09/2022

31/08/2026► Page 85

Appendix 5 GREVIO’S Secretariat (fromJanuary to December 2022)► Johanna Nelles, Executive Secretary► Carmela Apostol, Administrator (until 30 June 2022)► Françoise Kempf, Administrator► Francesca Montagna, Administrator► Elif Sariaydin, Administrator► Mihail Stojanoski, Administrator (since 1 December 2022)► Sabrina Wittmann, Administrator► Valentine Josenhans, Project Officer► Christine Ebel, Principal Administrative Assistant► Irida Varfi-Boehrer, Administrative Assistant (until 6 December 2022)► Zsuzsanna Molnar, Administrative Assistant (since 1 March 2022)► Louise Morlon, Administrative Assistant► Antonio Garcia Cazorla, Trainee (since 1 September 2022)► Page 86

Appendix 6 –Workflow of themonitoring mechanism► Page 87

PREMS 119223

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