Should The Eu Ratify The Istanbul Convention On Violence Against Women?

Steve Peers

For many years, intelligence equally regards the European Union too human rights has focussed on the growing occupation of the European Union Charter of Fundamental Rights too the EU’s planned accession to the European Convention on Human Rights. This is understandable, given the importance of these developments. However, the EU’s human relationship with other international human rights instruments is besides worthy of farther examination.

The European Union is non able to sign upward to older United Nations human rights treaties – such equally the 2 Covenants too the Conventions relating to sexual practice discrimination, race discrimination too migrant workers – because ratification of these instruments is solely opened upward to States. Similarly, solely U.S. of A. tin ratify ILO Conventions, although the European Union sometimes coordinates its Member States’ seat equally regards ILO measures (see the discussion of the proposal to coordinate positions regarding novel ILO forced labour measures).

However, to a greater extent than recent international human rights treaties create render for possible accession past times the EU, too indeed the Union has signed upward to the United Nations Convention on the Rights of Disabled Persons (see the recent Z judgment of the CJEU). With the imminent entry into strength of the Council of Europe’s Istanbul Convention on violence against women (which volition come upward into strength on 1 August 2014, afterwards the deposit of the 10th ratification on Apr 22nd), the query at nowadays arises whether the European Union should sign upward to unopen to other human rights treaty. This post service sets out the reasons why the European Union should ratify the Convention at the earliest opportunity.

EU competence to ratify the Istanbul Convention

The European Union is certainty competent to ratify the Istanbul Convention, if it wishes to create so. First of all, the Convention expressly provides (in Article 75(1)) for ratification past times the EU, without setting whatever special status inwards this respect.

Secondly, equally a affair of internal European Union law, the European Union tin sign upward to whatever treaties which are (inter alia) ‘likely to impact mutual rules or alter their scope’ (Article 216 TFEU). Although European Union police pull has non regulated the telephone substitution noun criminal police pull issues dealt with inwards the Istanbul Convention, the Convention does non confine itself to establishing rules concerning criminal liability, but besides addresses a number of other issues. In particular, at that topographic point are European Union police pull measures concerning the Convention’s rules on: crime victims’ rights, cross-border application of protection orders (both civil and criminal), other forms of cross-border cooperation, too immigration too asylum issues (see the detailed listing inwards the Annex).

It must live on pointed out that if the European Union ratifies the Istanbul Convention, it would non live on replacing its Member States, but ratifying the Convention with them. In other words, the Convention would live on unopen to other ‘mixed agreement’ which both the European Union too its Member U.S. of A. direct ratified, similar the United Nations Disabilities Convention, (in future) the ECHR too many other treaties. The European Union would non live on legally obliged to adopt whatever to a greater extent than legislation affecting the number of violence against women than it already has done. While I direct argued earlier that at that topographic point are adept reasons (and legal powers) for the European Union to adopt legislation establishing noun criminal police pull rules inwards this field, this is a carve upward query from whether the European Union ought to ratify the Convention.

Reasons why the European Union should ratify the Istanbul Convention

First of all, the EU’s ratification of the Convention would render encouragement to its Member States, equally good equally non-Member U.S. of A. of the EU, to ratify the Convention. It would growth the prominence of the Convention worldwide, perchance inspiring changes to national police pull too regional treaty-making exterior Europe.

Secondly, ratification would, equally regards this Convention at least, address the declaration that the European Union has ‘double standards’ equally regards human rights, insisting that would-be European Union Member U.S. of A. too associated countries should uphold human rights standards that the European Union does non apply itself. While the double standards declaration tin live on answered equally regards human rights treaties which the European Union cannot ratify, it cannot then easily live on rebutted equally regards treaties which it can. If the European Union is perfectly able to ratify the Istanbul Convention, but chooses non to, what moral potency does it direct to inquire non-Member U.S. of A. to create so?

Ratification of the Convention would heighten its occupation inwards European Union law, because it could to a greater extent than easily live on used equally a parameter for the interpretation too validity of European Union legislation (such equally the legislation listed inwards the Annex, addition whatever hereafter relevant measures). It would besides hateful that the Convention would already bind those European Union Member U.S. of A. which had non even then ratified it, equally regards those provisions inside European Union competence.

Furthermore, since the CJEU would direct jurisdiction to translate those provisions of the Convention which autumn inside the range of European Union competence, this would promote a uniform interpretation of those provisions inside the EU. 

Next, the relevant provisions of the Convention would live on to a greater extent than enforceable if they were enshrined inwards to European Union law. While the CJEU ruled inwards the Z illustration that the United Nations Disabilities Convention did non direct similar a shot effect, too mightiness dominion the same equally regards the Istanbul Convention, at to the lowest degree that Convention would direct ‘indirect effect’ (ie the obligation to translate European Union police pull consistently with it), too the Commission could convey infringement actions against Member U.S. of A. which had non applied the Convention correctly, equally regards issues inside the range of European Union competence. Ensuring the enforceability of the Convention is all the to a greater extent than of import since it does non render for an private electrical load system.

Finally, ratification would dependent area the European Union to exterior monitoring equally regards this issue, too avoid the awkward scenario of its Member U.S. of A. beingness monitored equally regards issues inside European Union competence – important that the Convention’s monitoring trunk would inwards termination to unopen to extent live on monitoring whether European Union Member U.S. of A. were complying with European Union law.

[Update: the Commission proposed that the European Union should sign too conclude the Convention inwards March 2016. See intelligence here.]

Annex

European Union competence regarding the Istanbul Convention

Articles 18-22, 25-28, 30(1), 50(1), 56, 57: criminal offence victims Directive

Article 47: Framework Decision on recognition of criminal sentences

Article 59(1): identify unit of measurement reunion Directive, citizenship directive

Article 59(2): Returns Directive, citizenship Directive

Article 60(1) too (2): Qualification directive

Article 60(3): Reception weather condition directive; asylum procedures directive

Article 61: Qualification directive, Returns Directive

Article 62(1)(b) too (3): Crime victims Directive

Article 62(1)(d): protection orders legislation 

Article 62(1)(a) too (c) too (2): legislation on mutual recognition, et al inwards criminal too civil matters

Article 65: Data protection Directive; Framework Decision on information protection


Barnard & Peers: chapter 20, chapter 24, chapter 25, chapter 26

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