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VICTIMS OF GENDER BASED VIOLENCE
TRANSPOSITION OF THE VICTIM´S RIGHTS DIRECTIVE
NATIONAL LAW – DORA CAPINHA
POLICY FRAMEWORK – SARA MOREIRA
VILNIUS, 26TH NOVEMBER
SARA MOREIRA DORA CAPINHA
TECHNICAL OFFICER - DOMESTIC/GENDER VIOLENCE DEPARTMENT JUSTICE POLICY GENERAL DIRECTION
COMMISSION FOR CITIZENSHIP AND GENDER EQUALITY
PRESIDENCY OF THE COUNCIL OF MINISTERS
Before the transposition
General dispositions of the Code of Criminal Procedure – victims/offended
Dispersion of legislation ensuring rights to victims of crimes
Law 112/2009 of the 6th of September, for the prevention of domestic violence and the protection and assistance of its victims;
Law 104/2009 of the 14th of September, approving the regime for the attribution of compensation to the victims of violent crimes and to the victims of domestic violence
Law 23/2007 of the 4th of July, regulating the entry, stay, exit and expulsion of foreign nationals in Portugal, ensuring certain rights to the victims of traffic
Law 93/99 of the 14th of July, for the protection of witnesses
Law 147/99 of the 1st of September, establishing the regime for the protection of children and young people at risk
DIRECTIVE 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012
establishing minimum standards on the rights, support and protection of victims of crime
DIRECTIVE 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012
establishing minimum standards on the rights, support and protection of victims of crime
A need was felt to:
• Provide for an uniform and comprehensive concept of victim of crime
• Conceive provisions regarding particularly vulnerable victims
• Foresee the implementation of a system where the specific needs of support regarding the individual victim are taken into consideration
A multidisciplinary working group was set in order to reflect on these matters
After the transposition
LAW 130/2015 of the 4th of September
Amending the Code of Criminal Procedure
Approving the Victims Statute
DIRECTIVE 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012
establishing minimum standards on the rights, support and protection of victims of crime
The VICTIMS STATUTE
The Statute applies to any victim, regardless of their origin,
nationality, social condition, sex, race, ethnicity , language, age,
religion, impairment, political and ideological convictions, sexual
orientation, culture and educational level.
Defines a broader concept of victim, in line with the directive
Provides for a definition and establishes special provisions for
particularly vulnerable victims and for children victims
Aims at preventing secondary victimisation
Establishes obligations regarding the training of practitioners
DIRECTIVE 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2012
establishing minimum standards on the rights, support and protection of victims of crime
The Commission for Citizenship and Gender Equality (CIG) ensures
the implementation of public policies in citizenship and gender
equality and combats domestic and gender violence and human
trafficking.
CIG Coordinates:
V National Plan to Prevent and Combat Domestic Violence and
Gender 2014 -2017 (V PNPCVDG), which includes the Third Action
Program for the Prevention and Elimination of Female Genital
Mutilation 2014 -2017 (III PAPEMGF)
Commission for Citizenship and Gender Equality (CIG)
Commission for Citizenship and Gender Equality (CIG)
V National Plan for Gender Equality, Citizenship and Non -
Discrimination 2014-2017 (V PNI)
III National Plan for Prevention and Combating Human
Trafficking 2014-2017 (III PNPCTSH)
and
Second National Action Plan for the Implementation of UN
Security Council Resolution 1325 (2000) on Women, Peace and
Security (NAP II in 1325)
Commission for Citizenship and Gender Equality (CIG)
Portugal has taken a series of international
commitments regarding the violence against women.
These commitments have/had reflection at a national
level in prevention and combating violence against
women, domestic and gender violence and the
protection of the rights of victims and accountability of
the offending agent.
Commission for Citizenship and Gender Equality (CIG)
Portugal was the first country in the European Union to
ratify the Council of Europe Convention on Preventing
and Combating Violence against Women and Domestic
Violence – Istanbul, on the 5th February 2013.
http://conventions.coe.int/Treaty/EN/Treaties/Html/210.htm
Commission for Citizenship and Gender Equality (CIG)
Currently under Law No. 112/2009 of 16 September, republished by Law No. 129/2015 of 3 September –
Legal regime for the PREVENTION OF DOMESTIC VIOLENCE, PROTECTION AND CARE OF THEIR VICTIMS, NATIONAL SUPPORT NETWORK FOR VICTIMS OF DOMESTIC VIOLENCE
Network - the Commission for Citizenship and Gender Equality, the Institute of Social Security, the Shelters, the Service Structures, emergency care answers and the specific public services.
CIG (among others) - technical supervision of the victim support national network and certifies the services part of that national support network.
Commission for Citizenship and Gender Equality (CIG)
Increase/consolidation in institutional support to domestic violence victims:
increase in the number of services
37 shelters, with 639 vacancies
130 national emergency vacancies (distributed by the national network of shelters and specific structures created for this purpose)
specialized service structures (currently totaling 118 services).
Commission for Citizenship and Gender Equality (CIG)
Broader framework of lawmaking in the field of
domestic and gender violence
since 1999 National Plans against Domestic Violence,
outline the strategy and government policy in
preventing and combating domestic and gender
violence.
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
Portugal runs the V PNPCVDG 2014-2017.
The V National Plan falls within the commitments made by Portugal in the various international instances
United Nations
Council of Europe
European Union
Community of Portuguese Speaking Countries
Council of Europe
Convention on the Prevention and Combating Violence against Women and Domestic Violence (Istanbul Convention).
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
This plan is based specifically on the assumptions of the Istanbul
Convention by extending its scope to other types of gender-based
violence (so far was very directed to the issues of domestic violence).
The V PNPCVDG covers forms of gender based violence, such as
stalking
female genital mutilation
sexual assault
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
The Plan seeks strategies towards
Victim’s protection
Intervention with aggressors
Deepening understanding of related phenomenon
The prevention of such crimes
Professionals qualification
Strengthening of structures and victims existing network
services
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
Local administration and civil society organizations
so that in a joint effort, they work towards the
eradication of domestic violence and all kinds of
gender-based violence in country
The Plan was built with the contributions of all the
ministries involved in the matter
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
The Plan is the public policy instrument addressing the fight against
domestic and gender-based violence. It aims at consolidating the
strategy and actions previously developed. This Plan sets out to
strengthen the victims protecting system, as well as, promote new
strategic measures concerning prevention, risk factors, qualification of
professionals, network intervention, in a proximity/ outreach logic
seeking to involve even more the municipalities, social partners and
civil society organizations
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 1 PREVENTION, AWARENESS-RAISING AND EDUCATION
18 measures
STRATEGIC AREA 2 PROTECTION OF VICTIMS AND PROMOTION OF THEIR SOCIAL
INTEGRATION
17 measures
STRATEGIC AREA 3 INTERVENTION WITH PERPETRATORS
6 measures
STRATEGIC AREA 4 TRAINNING AND QUALIFICATION FOR PROFESSIONALS
7 measures
STRATEGIC AREA 5 INVESTIGATION AND MONITORING
7 measures
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
Implementation Methodology
Responsible for coordinating and monitoring the V
PNPCVDG, with the help of a working group
composed by representatives of the ministries
involved in the implementation of the Plan
Ministry of Education and Science;
Ministry of Solidarity, Employment and Social Security
National Association of Portuguese Municipalities;
Ministry of health
Ministry of the Economy
Ministry of Justice Presidency of the Council of Ministers
Minister of the Presidency and of
Parliamentary Affairs;
Ministry of Foreign Affairs
Non-Governmental Organizations
Superior Council of
Magistracy
working group
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
This group must submit a plan for implementing the
activities for the following year, and the report of
implementation of V PNPCVDG activities for the
previous year, both validated by respective member of
the Government
Collaborate with CIG in monitoring and evaluation
processes and outcomes of implementing
V PNPCVDG, particularly in working group meetings
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
PLAN COORDINATOR
Develop the annual plan for the implementation of V PNPCVDG by
each ministry;
Guiding and monitoring the entities responsible for the implementation
of measures in the V PNPCVDG , requesting where appropriate ,
information on the respective implementation process
Ensure the functioning of the working group that support the
coordinating entity for the purpose of ensuring continuous and
effective implementation of the V PNPCVDG
Prepare an annual progress report on the implementation of the
measures of the V PNPCVDG , which is also taken to assess the
fulfillment of the annual plan of activities
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
Strategic area 2
PROTECTION OF VICTIMS AND PROMOTION OF THEIR SOCIAL INTEGRATION
Istanbul Convention - protective and support measures aimed at
capacity building and empowerment of victims, seeking to improve
their access to services in an adequate response to their needs and
prevention of re-victimization and secondary victimization.
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
Given the complexity of victim’s needs
legal advice
psychological support
social and economic support
Accommodation
training and support in finding employment
…others –
networking between public and private institutions working in
multiple aspects of domestic and gender violence
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
(coordinated by CIG)
This program arose from the need to ensure protection and
security to victims of domestic violence and decrease their risk
of re-victimization.
It aimed to increase the protection and security of the victim,
ensuring 24 hours/a day, and free of charge, adequate response
to emergency and crisis situations.
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 2 - PROTECTION OF VICTIMS AND PROMOTION OF THEIR SOCIAL INTEGRATION
MEASURE 22 - TELEASSISTENCE FOR DOMESTIC VIOLENCE VICTIMS
Victims of domestic violence have access to this program whenever
they are at-risk of re-victimization, have specific security needs and a
Criminal Court decides regarding her/his protection.
Protection and Psychosocial support by Teleassistance is implemented
for a period of time not exceeding six months (renewable by Court
decision) The decision could only be taken after the victim’s consent.
Teleassistance was especially suited for the following situations: high
re-victimization risk; low social support; no cohabitation with the
aggressor.
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 2 - PROTECTION OF VICTIMS AND PROMOTION OF THEIR SOCIAL INTEGRATION
MEASURE 22 - TELEASSISTENCE FOR DOMESTIC VIOLENCE VICTIMS
The program appealed to appropriate technology, ensuring
victim support a 24H/ day, 365 days/year to the following needs:
information, emotional support and, if necessary, police
protection (focal point – proximity police).
In addition to a telephone service, the technological support
system allows the victim's geographical tracking, fundamental
in emergency/crisis situations.
Equipment given to victims consists of a mobile voice and GPS
device connected directly to a call-center.
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 2 - PROTECTION OF VICTIMS AND PROMOTION OF THEIR SOCIAL INTEGRATION
MEASURE 22 - TELEASSISTENCE FOR DOMESTIC VIOLENCE VICTIMS
1347
117
264
526*
0
50
100
150
200
250
300
350
dez-11 dez-12 dez-13 dez-14 jul-05
Teleassistance devices
*at 5th october
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 2 - PROTECTION OF VICTIMS AND PROMOTION OF THEIR SOCIAL INTEGRATION
MEASURE 22 - TELEASSISTENCE FOR DOMESTIC VIOLENCE VICTIMS
TARGET GROUP: PROFESSIONALS
Training is provided to professionals involved in the area of domestic violence, in
particular judges, security forces, health professionals and professionals from the
children’s protection commissions.
Within law enforcement authorities - for example within the Public Security
Police (PSP), the National Republican Guard (GNR) and the Immigration and
Borders Service (SEF) - awareness-raising and training activities on gender
equality were undertaken.
Furthermore, specific training on domestic and/or gender-based violence is
provided to magistrates, law enforcement officials, education and health
professionals, social workers, local authorities’ staff, mediators and journalists.
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 4 – TRAINING AND QUALIFICATION FOR PROFESSIONALS
The training of magistrates and law enforcement officers covers issues such as victim
protection and assistance, remote surveillance, risk assessment, violent crimes, sex crimes
and hate crimes against LGBT people.
Training activities have been also organized for media professionals and journalism
students on the role of media in reporting domestic violence (in particular spousal
homicide), rights of the child and elimination of stereotypes in information and advertising.
In 2011, the Commission for the Protection of Children and Youngsters at Risk (CNPCJR)
launched an online Guide for media professionals
(http://www.cnpcjr.pt/Manual_Competencias_Comunicacionais/default.html). It is a training
resource for the promotion of the Rights of the Child and for the prevention of any type of
violence against children or youngsters.
In the last 3 years, specific training was provided to migrant support staff on “gender
equality, gender-based violence and multiculturalism”.
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 4 – TRAINING AND QUALIFICATION FOR PROFESSIONALS
In 2013, 2014 and 2015, both security forces (GNR and PSP)
received training sessions on the new risk assessment tool for
domestic violence cases.
Regarding the combat against a particular harmful practice that
discriminates against girls and women - Female Genital
Mutilation (FGM) – a Procedural Guide for Criminal Police Staff
was published and training to judges and public prosecutors is
provided in the Centre for Judicial Studies.
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 4 – TRAINING AND QUALIFICATION FOR PROFESSIONALS
Data collection in policy statistics:
Every year the Ministry of Home Affairs produces an annual report – RASI (Annual Report on Home Security) which includes police reports on Domestic Violence (with data disaggregated by sex).
A standard notification was created in January 2006, which makes it possible to gather more accurate and detailed statistics on domestic violence recorded by the Police. This form allows the analysis of several variables characterizing the victim, the perpetrator, the relationship, age, etc., and the context of the aggression thus allowing the production of reliable internationally comparable indicators on the extension and configuration of the phenomenon.
The data is available online on the website of the Ministry of Home Affairs.
Since November 2014, Police has been used a new Risk assessment tool for domestic violence cases.
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 2 - PROTECTION OF VICTIMS AND PROMOTION OF THEIR SOCIAL INTEGRATION
STRATEGIC AREA 5 – INVESTIGATION AND MONITORING
Data collection in criminal justice statistics:
National criminal justice statistics on domestic violence are collected in Portugal. The collected data is available on the website of the Ministry of Justice. Data is regularly collected and the statistics on domestic violence are
sex-disaggregated for the victim and the perpetrator,
the age of the victim and perpetrator is specified
the relationship is specified
and other relevant variables (such place and hour of crime, if there were children presented, if the perpetrator used any kind of weapon).
Commission for Citizenship and Gender Equality (CIG) V National Plan to Prevent and Combat Domestic and Gender-based Violence (2014-2017)
STRATEGIC AREA 2 - PROTECTION OF VICTIMS AND PROMOTION OF THEIR SOCIAL INTEGRATION
STRATEGIC AREA 5 – INVESTIGATION AND MONITORING
Thank you for the attention!