Trends in the Implementation of the Istanbul Convention

Abstract

Violence against women and domestic violence has attracted a lot of attention of the scientific community over the last 30 years. During that period, this topic assumed a very important place in all international agendas and was tackled by the most important international organizations and associations. The Convention on preventing and combating violence against women and domestic violence, i.e. the Istanbul Convention, is one of the basic international documents which has had an influence on numerous legislations of European countries in the field of gender equality and domestic violence. The aim of this paper is to show by a comparative method and through analysis and review of available literature the advantages of the Istanbul Convention and its importance for gender equality through a review of the literature, and also to point out the criticisms attributed to it. Research results have shown that the difference between sex and gender equality is a stumbling block and a serious objection in countries with traditional, nationalist and hard autocratic regimes. Also, most European countries have fully implemented the Istanbul Convention in their legislation and thus significantly contributed to gender equality and protection of women from abuse and domestic violence. The discussion shall focus on the importance of adopting a new convention or resolution at the level of the United Nations (UN), which would cover all contentious issues related to violence against women and domestic violence, and which would be binding on all members.

Domestic Violence Legislation Reforms in the Republic of North Macedonia

“…(2) If the offense according to paragraph (1) of this article has caused a feeling of insecurity, endangerment or intimidation of the victim, the perpetrator will be punished with a fine or imprisonment for up to one year. (3) The one who will commit the offense according to paragraph (1)…”

“…The penalty is greater if this offense is committed by a close person, or a current or previous intimate partner, as well as if the offense is committed against a child, the penalty may be up to 5 years in prison. Thus, the criminal offense "Stalking" Article 144-a is added to the Criminal Code: "(1)He who will repeatedly in an unauthorized manner follows, persecutes or otherwise interferes with the private life of another person or will create or insist on creating unwanted contact moving to the premises where that person is, with misuse of personal data, using the means for public information or other means of communication, or otherwise psychologically abuses, disturbs or intimidates him and thereby causes a feeling of insecurity, concern or fear for his safety or the safety of close people, will be punished with a fine or a prison sentence of up to three years; (2) If the offense according to paragraph (1) of this article is committed against a person with whom the perpetrator is or has been in an intimate relationship or against a child, he will be punished with imprisonment from six months to five years; (3) The prosecution for the offense according to paragraph (1) of this article is initiated by proposal" (Article 16).…”

“…(2) If the offense according to paragraph (1) of this article is committed against a child who has reached the age of 15, the perpetrator will be sentenced to imprisonment for at least three years. (3) If the offense according to paragraph (1) of this article is committed with the use of force or threat to use the force or attack the other on his life or body or on the life or body of his relative, the perpetrator will be punished with imprisonment of three up to ten years. ( 4) With the punishment prescribed in paragraph (3) of this article will be also punished the one who commits the offense according to paragraph (1) on the other with a serious threat that he will reveal for him or the person close to him something that would damage the honor and his reputation or that would cause other serious harm.…”

“…(3) If the offense according to paragraph (1) of this article is committed with the use of force or threat to use the force or attack the other on his life or body or on the life or body of his relative, the perpetrator will be punished with imprisonment of three up to ten years. ( 4) With the punishment prescribed in paragraph (3) of this article will be also punished the one who commits the offense according to paragraph (1) on the other with a serious threat that he will reveal for him or the person close to him something that would damage the honor and his reputation or that would cause other serious harm. (5If the offense according to paragraphs (3) and ( 4) of this article is committed against a child who has reached the age of 15, the perpetrator will be sentenced to imprisonment for at least eight years.…”

“…( 4) With the punishment prescribed in paragraph (3) of this article will be also punished the one who commits the offense according to paragraph (1) on the other with a serious threat that he will reveal for him or the person close to him something that would damage the honor and his reputation or that would cause other serious harm. (5If the offense according to paragraphs (3) and ( 4) of this article is committed against a child who has reached the age of 15, the perpetrator will be sentenced to imprisonment for at least eight years. (6) If due to the offense according to paragraphs (1) to (5) of this article a serious bodily injury, death or other serious consequences has occurred or the offense was committed by several persons or in a particularly rude or degrading manner or of hatred, the perpetrator shall be sentenced to imprisonment for at least ten years or life imprisonment.…”