The Istanbul Convention: What It Is and Why Ukraine Needs It

What Is the Istanbul Convention?

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The Istanbul Convention is an international treaty whose full name is the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence. Its text was adopted by the Council of Europe in 2011, and that same year, Ukraine became one of the states to sign it.

The Convention commits ratifying states to preventing all forms of violence against women and domestic violence, establishing protection mechanisms, and cooperating with international partners on these issues. It also introduces a number of important concepts relating to gender-based violence* that make legislation clearer, more realistic, and more woman-friendly.

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* Gender-based violence (GBV) refers to violence that is rooted in gender bias and stereotypes and disproportionately harms women.

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What Key Concepts Does the Istanbul Convention Introduce?

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First and foremost, the Convention emphasises that combating violence against women must be comprehensive, systemic, and coordinated. This means working not only to address the consequences but also to eliminate the underlying causes and anticipate the risks faced by vulnerable groups.

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This principle is embodied in the 4P framework:

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• Prevention. Violence is a system of inequalities that must be countered in order to prevent crimes: combating discrimination and gender stereotypes, promoting a culture of consent, education about healthy relationships, mutual respect, and equality.

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• Protection. The state must protect women from violence, provide assistance to survivors, and prevent recurrence.

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• Prosecution. Those who commit acts of violence must be held accountable under the law.

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• Coordination policies. Combating violence must take place at all levels through synchronised efforts — from educational institutions to courts — and all professionals who potentially work with survivors and perpetrators must be informed and adhere to ethical principles.

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The text of the Istanbul Convention also explains the nature and consequences of gender inequality. In particular, it states that to combat gender-based violence, this inequality must be overcome not just nominally, but in practice.

It further states that violence against women is a manifestation of historically unequal power relations that have led to discrimination, oppression, and the restriction of rights. It is structural in nature, and it is this structure that forces women into a lower position in the social hierarchy.

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The Convention's Journey Through Ukraine

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After signing the Convention, Ukraine was in no hurry to ratify it (that is, to give it full legal force). However, even during this period, important legislative changes related to gender-based violence were adopted. In particular, in 2019 the Law of Ukraine “On Prevention and Counteraction of Domestic Violence” came into force. Its primary value lies in the inclusion in the Criminal Code of articles on domestic and sexual violence, as well as the concept of voluntary consent. This was important, since the previous legislation was limited and lacked effective instruments for addressing domestic violence. The outdated definitions applied to a very narrow circle of people who could potentially be held accountable (for example, former partners could not be held liable).

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In June 2022, the government finally ratified the Istanbul Convention, and in November it entered into force. This made it possible to continue its implementation and improve Ukrainian legislation, filling gaps — in particular regarding terminology and the concept of voluntary consent. Among other things, this led to amendments to the Code of Ukraine on Administrative Offences, adding liability for 

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sexual harassment (Article 173-7 of the Code of Administrative Offences) and gender-based violence (Article 173-6 of the Code of Administrative Offences). Amendments were also made to the Family Code of Ukraine (Articles 110 and 111), granting the right to apply to court for divorce during the wife's pregnancy or when a child under one year old is present, and prohibiting the court from applying reconciliation procedures during divorce proceedings in cases of domestic violence. This is significant because previously there was no possibility of dissolving a marriage if the woman was pregnant or had a child under one year of age. Moreover, perpetrators were able to exploit reconciliation mechanisms to keep the survivor under their control and prevent the dissolution of the marriage.

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Why Is It Still Important to Talk About the Istanbul Convention?

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Despite the long journey taken, the Convention having been ratified, and a number of important changes already in force in legislation, this is not yet a happy ending to the story. The Convention must continue to be implemented — that is, its principles must be put into practice — and tangible changes must be pursued that will genuinely make our society safer.

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What Is Still Missing?

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• Violence is still treated as a private matter under the law. This means that to open a criminal investigation, the survivor must file a complaint — for example, with the police. Experience shows that this is often very difficult for victims: the perpetrator may threaten them and pressure them to withdraw the complaint; survivors may lack the emotional strength to go to law enforcement within a tight timeframe and complete all the necessary steps correctly. By contrast, the Istanbul Convention states that rape, domestic violence, forced abortion or sterilisation, forced marriage, sexual violence, and coercion into sexual intercourse must be offences subject to public prosecution — meaning they must be investigated regardless of whether a complaint has been filed by the survivor, and must continue to be investigated even if a complaint has been withdrawn.

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• The concept of a "criminal offence related to domestic violence" is absent. This would mean that other offences listed in the Criminal Code — where they carry the relevant characteristics — could be designated as related to domestic violence. This is necessary so that a case cannot be closed if the complaint is withdrawn, making it impossible for a perpetrator to exert pressure — which is, unfortunately, a common occurrence.

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• Not all forms of GBV are covered by the law. In particular, there is still no legal accountability for stalking — the persistent following, surveillance, and unwanted pursuit of a survivor — which is a common form of violence: 1 in 5 women experiences it**. Legislation also does not yet treat female genital mutilation as a standalone offence.

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• The principles of the Convention have not yet been fully put into practice. The implementation of the Convention must be visible not only at the level of enacted laws, but in real life. This means police must be better informed and trained to deal specifically with domestic violence cases — not to ignore them or delay investigations until they reach a point of no return. Survivors' reports and words must be taken seriously, and gender stereotypes must be addressed systemically, at the level of all agencies and services.

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These needs could partly be addressed by the adoption of Bill No. 12297, which, among other things, introduces and explains new concepts related to GBV and removes a number of cases from the list of private prosecution (i.e. cases that can only be opened following a personal complaint, rather than simply upon the existence of a crime or offence).

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It is important to remember that the ratification of the Istanbul Convention means Ukraine has taken on a number of obligations: to combat gender inequality and domestic violence, to improve legislation, to modernise law enforcement, and to adopt new practices. This means we can and should follow this process — and, when the opportunity arises, remind our elected representatives of it online, at offline rallies and demonstrations, and through letters to MPs.***

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** Stalking. CDC — https://www.cdc.gov/intimate-partner-violence/about/about-stalking.html

*** Code of Ukraine on Administrative Offences. Verkhovna Rada of Ukraine — https://zakon.rada.gov.ua/laws/show/8073-10#Text