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

• Author: Iustina Ionescu
• Pages: 54-57

54

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

Convention

10.1 General (legal) context

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

A report published in July 2017 on protection orders between 2012 and 2016 found in the

field of gender equality that victims of domestic violence are mostly women and victims of

sexual violence within the family are mostly girls.195 Moreover, according to the study,

female applicants benefit from a higher percentage of protection orders issued after

shorter periods of trial and shorter lengths of appeal, if needed. Even if the differences are

small, it remains an important aspect that can correlate with the types of violence by which

women are most affected: physical and sexual violence. The study also found that the

protection order does not cover the first 10 to 14 days after the victim decides to lea ve

the violent relationship, the period with the highest risk of recidivism (repeated violent

behaviour by the aggressor in more serious forms). Sources of data on domestic violence

are not harmonised. Institutions such as the Public Ministry (Ministerul Public) or the

Ministry of Health (Ministerul Sntii) may not collect detailed and disaggregated data

on this issue. Therefore, in orde r to respond to certain items in the GREV IO (the Council

of Europe Group of Experts on Action against Violence against Women and Domestic

Violence) questionnaire, it is necessary to compare the data from different sources. It will

be necessary to standardise the data collection criteria.

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

related to the Istanbul Convention

The main law on domestic violence is Law No. 217/2003 regarding preventing and

combating violence in the family. It contains the definitions of gender-based violence, the

mandate of various institutions involved and civil measures to protect the victims of

violence, such as the protection order. After the ratification of the Istanbul Convention the

above-mentioned law was significantly improved, includ ing by introducing the temporary

protection order. At t he same time, th e Criminal Code contains the traditio nal definitions

of criminal offences such as rape and violence against a family member.

10.1.3 National provisions on online violence and online harassment

There is no explicit regulation of online violence and online harassment of women and

girls. The criminal offence of harassment has a less serious penalty applicable when the

communication causing fear to any person, not only to women, takes place through

electronic means of communication (Article 208(2) of the Criminal Code). Online violence

does not exist as a concept in criminal law in Romania.

10.1.4 Political and societal debate

The societal debate taking place on this topic focuses on the prevalence of domestic

violence in Romania and the ineffectiveness of the state’s measures of protection for

victims of domestic violence. This is especially in cases where the authorities kn ow about

the history of violence against women who are later killed by their aggressors.196 Fo r

195 Reeaua pentru prevenirea şi combaterea violenei împotriva femeilor (Network for preventing and

combating violence against women) (2017), Exploratory study on the implementation of the protection

order and the domestic violence provisions of the Criminal Code of Romania in 2012 – 2016, available at:

http://transcena.ro/wp-content/uploads/Study-Network-VAW-RO-2017.pdf.

196 DOR, Sandu, O. (2019) Soluii împotriva violenei: ordinul de protecie (Solutions against violence:

protection order’), 16.3.2019, available at: www.decatorevista.ro/solutii-impotriva-violentei-ordinul-de-

protectie/.