On Thursday, the 30th of November, the majority of the Saeima passed the law with which the so-called Istanbul Convention or the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence in the final reading.
The law was supported only by coalition factions – the opposition mostly abstained in the vote.
In accordance with the ruling coalition’s intention, the convention was ratified with a condition that it will be implemented in Latvia in accordance with the values, principles and norms included in the Constitution, in particular with regard to the protection of human rights, equality between women and men and the protection and support of the rights of marriage, family, parents and children.
According to the document submitted by the Ministry of Welfare to the Cabinet of Ministers, for several years the convention previously was not properly translated into Latvian language. The ministry explains that the translation has since been corrected and they do not change its content or meaning, because they were purely technical.
The Ministry of Welfare notes that along with the convention Latvia will develop a comprehensive and multi-sided legal framework in an effort to protect women
from all forms of violence and protect men and women from domestic violence.
The convention requires member states to develop a comprehensive policy for the prevention against women and domestic violence, as well as state institutions to implement inter-institutional cooperation with NGOs, civil society and mass media.
The convention also invites all competent state institutions and services to act in order to make sure it is possible to oppose violence against women and domestic violence in a coordinated manner, the ministry adds.
The Istanbul Convention also includes norms that stem from existing regulations and do not present any new duties for Latvia. For example, the convention includes a non-discrimination clause, which is standard for many national and international legislative acts. The Latvian Constitution also makes it clear that all people in Latvia are equal in the eyes of the law and that each person’s rights are respected without any discrimination.
Considering the requirements listed in the convention, it is important to implement measures in order to educate residents about the problems of violence and options to receive aid, as well as educate specialists. Every year the Ministry of Welfare organises various educational events on prevention of domestic violence, as well as various educational events for specialists that work with victims of violence and perpetrators every day.
The Istanbul Convention would enter into force on the first day of the month following the expiration of three months from the date of submission of its instrument of ratification.
The Law stipulates that Latvia will retain the right not to apply the first paragraph of Article 55 of the Convention in relation to minor personal injuries included in Article 35 of the Convention. Thus, Latvia will retain the right not to apply the condition that the investigation and prosecution of physical violence does not depend solely on the application or complaint submitted by the victim in cases where the offence was committed in whole or in part on the territory of a member state, and that legal proceedings may continue even if the victim withdraws his or her testimony or complaint.
The Istanbul Convention will enter into force on the first day of the month following the expiration of three months from the date of submission of its instrument of ratification.
As previously reported, the Istanbul Convention is an international document that sets out specific standards and measures to combat violence, as well as the goal of developing an inclusive, integrated and gender-sensitive approach to preventing and eradicating violence and harassment. Namely, the purpose and purpose of the Istanbul Convention is to eliminate violence against women and domestic violence by promoting gender equality.
The Istanbul Convention is mainly aimed for women, because it covers all forms of violence, women are subjected to (forced abortion, mutilation of women’s genitals) or which women face more often than men (sexual abuse and rape, stalking, sexual harassment, domestic violence, forced marriage, forced sterilization). Still, the Convention urges its provisions to apply to all victims of domestic violence, including men and children.
With the ratification of the convention, preventing and combating violence is no longer a matter of the will of individual politicians, but a legal obligation of the state under international law.
Ratification includes changing laws, implementing practical measures and providing funding to achieve zero tolerance for violence against women and domestic violence. In addition, the convention clearly states that violence against women and domestic violence can no longer be considered a private matter, and that states must take measures to prevent violence, protect victims and punish perpetrators.
Minister of Welfare Uldis Augulis previously said that by pushing the convention towards its ratification, the controversial term “social gender” included in the Convention and used in controversial discussions is in no way related to the obligation to introduce some other understanding of gender into the Latvian legal and educational system. It definitely does not oblige anyone to interpret the norms and values established in the Constitution differently. “When it comes to social gender, this is about men and women only,” said Augulis.
Then the Minister of Welfare Jānis Reirs signed the Istanbul Convention on Latvia’s behalf in Bulgaria in 2016.
For years the Istanbul Convention was a “hot potato” issue for Latvian politician. Supporters of its ratification believe it will provide a greater stimulus and support for the fight on violence against women, whereas those opposed to it are concerned about the potential interpretations of the term “gender” in various areas, including education.
Latvia’s previous prime minister Krišjānis Kariņš failed to ratify the convention. He called it one of the tasks that needed to be completed by his ruling coalition.
But his government failed and fell apart in the end. As he left his post, Kariņš was replaced by Evika Siliņa as Latvia’s new PM. Her government coalition, which consists of New Unity, Union of Greens and Farmers and Progressive party, stated in its coalition agreement that they are committed to ratifying the Istanbul Convention this year.
The five-hour debates about the Istanbul Convention were mostly carried by criticisms from the opposition about the risks of this document, as well as the choice of the Union of Greens and Farmers and other coalition parties to support it.
Opposition member Jānis Grasbergs from the National Alliance claimed this international documents has more power than Latvia’s national legislation.
By ratifying the Istanbul Convention, Latvia would lose a portion of its independence, said the politician, saying that the cause of the spread of violence in Latvia lies with the “consequences of the Soviet Union”. Grasbergs believes addiction to alcohol and the weakness caused by it is the “true” cause of aggression.
Ainārs Šlesers from Latvia in First Place political party said the ratification of the Istanbul Convention would promote depravity rather than stimulate the fight against violence. “Vote for the Istanbul Convention and you will live in depravity, you will be able to do whatever you want. Not in security, but in depravity – as it is currently advertised,” said the opposition politician.
Progressive party member Antoņina Ņenaševa referenced data from the Central Statistical Bureau of Latvia, which indicate that every third child in Latvia is subjected to domestic violence. “We are 100 members of the Saeima, so let’s assume, statistically speaking, that 33 of us suffered some kind of violence in our childhood. And violence leaves a mark for all future generations,” said the politician.
Data from the Central Statistical Bureau of Latvia also indicates that every fourth woman in Latvia experiences physical violence. Ņenaševa again mentioned that, according to statistics, there are 33 Saeima deputies and eight of them either experienced or experience physical violence.
She also read multiple letters from anonymous women telling their stories about their experience with violence.
Opposition politician Linda Liepiņa, commenting on Ņenaševa’s speech, claimed that “Only a woman who has actually been beaten and not by some passer-by, but beaten by her husband, beaten by her child, only a woman who has been raped by her employer knows for sure that this convention is neither about violence nor about rape, is neither about a woman nor about children”. According to her, the convention is about “men in drag”.
Saeima deputy Edvards Smiltēns stressed that there are currently 4 000 men under restraining orders. 500 to 550 of them violate their security measures. According to the opposition politician, an electronic tracking solution can help the State Police protect women from those men. 400 such bracelets would cost EUR 1.2 million. Smiltēns said that the Combined List has submitted this proposal for the state budget draft.
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