Violence against women and domestic violence in relation to the Istanbul Convention

• Author: Nicole Kerschen
• Pages: 52-55

52

10 Violence against women and domestic violence in relation to the Istanb ul

Convention

10.1 General (legal) context

10.1.1 Surveys and reports on issues of violence against women and domestic violence

In 2015, the Luxembourg Institute on Health (LIH) produced a research report on the

causes of domestic violence in Luxembourg, called ‘Violence domestique au Luxembourg:

études des causes pour une prevention ciblée’ (LIH 2015),100 commissioned by the Ministry

for Equal Opportunities.

Each year, the Committee on the Cooperation of Professionals in the Domain of the Fight

against Domestic Violence publishes a report on its activities to the Government (Comité

2017).101 Its mission is to supervise the application of the legislation and to collect

statistics.

10.1.2 Overview of national acts on violence against women, domestic violence and issues

related to the Istanbul Convention

The law of 8 September 2003 was the first law on domestic violence issued in

Luxembourg.102 When the Istanbul Convention was signed, Luxembourg considered that

its legislation on domestic violence was already in line with the main disposals of the

Istanbul Convention. Howeve r, Luxembourg want ed to reinforce the Law of 2003,

especially regarding direct or indirect violence against children.

The Committee on the Cooperation of Professionals in the Domain of the Fight against

Domestic Vi olence, pre viously mention ed, drew the attention of the Government to t he

fact that children, who were victims of domestic violence, were not supp orted by

assistance service s for victims because of a de cision of the custodial parent. Therefore,

one of the disposals of the Bill in Parliament was to make the intervention of the assistance

services for children compulsory.103

The Council of Europe Convention on preventing and combating violence against women

and domestic violence entered into force by Law of 20 July 2018.104 The Ministry for Gender

Equality launched a Website on the Istanbul Convention.105

10.1.3 National provisions on online violence and online harassment

There are no spe cific provisions regarding online violence and online harassment. There

are telephone helplines specialised in ‘Cybermobbing’, such as:

- BEE-Secure Helpline 8002 1234;

- Kanner Jugend Telefon 116 111 specialised for children and young people .

100 Website: http://mega.public.lu/fr/publications/publications-ministere/2015/etude-violence-domestique/Fr-

Version-courte-finale-12_2_2015.pdf.

101 See Report 2017 on Website: http://mega.public.lu/fr/publications/publications-ministere/2018/rapport-

comite-violence/.

102 Memorial A No. 148 of 3 October 2003. Website: http://data.legilux.public.lu/file/eli-etat-leg-memorial-

2003-148-fr-pdf.pdf.

103 Parliamentary Documents regarding Bill No. 7167, explanatory memorandum, p. 4. Website:

https://chd.lu/wps/PA_ArchiveSolR/FTSShowAttachment?mime=application%2fpdf&id=5634D490DD79A7B

B846DE5C949B5466D$404401D9DC0393F0935F11B8B7A94DB5&fn=5634D490DD79A7BB846DE5C949B54

66D$404401D9DC0393F0935F11B8B7A94DB5.pdf.

104 Memorial A No. 631 of 30 July 2018. Website: http://data.legilux.public.lu/file/eli-etat-leg-loi-2018-07-20-

a631-jo-fr-pdf.pdf.

105 Website: http://convention-istanbul.lu/.