ictims ender violence · religion, impairment, political and ideological convictions, sexual...

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



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



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



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)

http://www.cig.gov.pt/














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)


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.


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












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.


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).


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).


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


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


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


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


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


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


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


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


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.


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


(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.


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.




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.




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




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.


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”.



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.



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.



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).



STRATEGIC AREA 5 – INVESTIGATION AND MONITORING

Thank you for the attention!

ictims ender violence · religion, impairment, political and ideological convictions, sexual...

Documents