back

Pending ratification of the Istanbul Convention

08 December 2020


Violence against women remains a dramatic reality in Moldova. In the first 11 months of 2020, more than 2,000 cases of domestic violence were recorded. To these cases documented by the police should be added hundreds more - unreported.

Violence against women remains a dramatic reality in Moldova. In the first 11 months of 2020, more than 2,000 cases of domestic violence were recorded. To these cases documented by the police should be added hundreds more - unreported. The most effective international document, the implementation of which would ensure preventing and combating violence against women, is the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Although our country signed the Convention in 2017, and last year the draft law on the ratification of the Convention was approved by the Government, the ratification by the Parliament has been delayed several times. If ratified by MPs, the document would allow authorities to protect victims of domestic violence and socially reintegrate perpetrators. Beaten and assaulted by her boyfriend For nine months, Maria (editor's note - at the request of the protagonist, we have changed her surname) lived with a man in a cohabiting relationship. At the beginning of the relationship, he didn't beat her, but as time went by, arguments broke out and beatings followed. "When I got my first slap, everyone said: 'Wait, wait, that's how it is with us'," says Maria. She was patient until one evening, when her boyfriend hit her several times, then attacked her with a knife: "It happened in 2014, one evening. I managed to get out of bed and ran outside. He came after me with a knife in his hand and lunged at me. He knocked me to the ground... That's when I had the strength to take the knife from him." In self-defence, the woman injured her partner. "I don't even know where I got such strength. I said if I didn't defend myself, no one else could," Maria recalls with tears in her eyes. A criminal case was opened against Maria, charging her with bodily harm. In 2018, she was sentenced to five years in prison suspended on four years' probation. "I was on the brink of death and I'm still the one with the criminal record. I had no intention of harming him, I saved my life...", says the woman. She was ordered by the court to attend a social reintegration programme. "For two years, Maria received psychological counselling, social, legal and medical assistance, and was referred to NGOs that provide support to victims of torture and victims of domestic violence," says Iulia Terpan, head of the supervision and complementary punishments department of the Chisinau Probation Bureau. Because she diligently followed all the trainings, in October 2020, at the request of the case counselor, the court annulled Maria's half-term sentence and her criminal record was expunged. 80% of domestic violence victims are women According to data provided by the General Police Inspectorate (IGP), 2,081 cases of domestic violence were registered in the first 11 months of 2020. For comparison: in the same period last year 1,634 cases of violence were registered. According to the IGP, 80% of victims of violence are women and about 20% - men. Implementing the Istanbul Convention could reduce domestic violence The number of victims of domestic violence could decrease and they would be better protected if the Moldovan authorities ratified the Istanbul Convention. The convention is based on four pillars and is the first legal document with a single approach to preventing, investigating and punishing violence against women and domestic violence, including the prosecution of perpetrators. "The Convention is based on the idea and understanding that domestic violence is a cause and consequence of gender inequality. Ratification of the Istanbul Convention will require authorities to take concrete steps to ensure the protection of victims of domestic violence, effective punishment of perpetrators and the framing of all aspects of prevention, protection, prosecution within a comprehensive policy framework," says Natalia Vîlcu, Executive Director of the Women's Law Centre. Myths attributed to the Convention: promotion of abortion, same-sex marriage, destruction of the traditional family The Convention was signed by Moldova on 6 February 2017, along with 45 other states, and in December 2019 the government approved the draft law on the ratification of the Convention, but so far MPs have not approved the bill. "Unfortunately, there is an absolutely unjustified reluctance on the part of some political decision-makers, driven by myths about this Convention, such as that it would promote same-sex marriages, would change school curricula to support and education on gender identity, other things absolutely baseless," said N. Vîlcu. Myths about the Convention are promoted by some religious groups or activists who claim that the document will destroy Christian values and traditions or promote abortion. In reality, the only agenda of the Istanbul Convention is the protection of women and girls from all forms of violence, condemning domestic violence, sexual harassment, forced marriage, forced sterilisation and forced abortion - acts specific to violence against women. "Not enough political will" Ruxanda Glavan, member of the Social Protection, Health and Family Committee of the Moldovan Parliament, confirms that the ratification of the Convention would solve many problems and prevent domestic violence, but in her opinion, addressing the issue at this time would only stir up tempers in Parliament. "Anyway, we need ratification because there is a problem that is perpetuated from generation to generation, but unfortunately there is no political will. With today's political instability, I don't think this is the right time to bring up such important issues," she said. Parliamentary stereotypes On the other hand, Promo-LEX lawyer Vadim Vieru, who has defended many victims of domestic violence in court, says lawmakers should ratify the Convention and not give credence to prejudices. "I think the problem is in those stereotypes that persist in Parliament. But these stereotypes should not influence the natural decision to ratify this convention," says the lawyer. Ratification of the Istanbul Convention is one of the priorities of the EU-Moldova Association Agreement, and the objective of ratifying the Convention has also been outlined in several national policy documents, such as the National Human Rights Action Plan 2018-2022 and the National Strategy for Preventing and Combating Violence against Women and Domestic Violence 2018-2023 and the Action Plan on its Implementation. Mariana Jacot, Independent Press Association