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

• Author: Frances Meenan
• Pages: 71-72

71

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

Convention

10.1General (legal) context

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

There is a detailed action plan in respect of what legislation has to be introduced or

amended.241 The Government has set out the outstanding actions and these actions form

part of the actions in the Second National Strategy on Domestic, Sexual and Gender-based

Violence 2015-2020 which is currently being finalised and will be submitted to the

Government for approval following consultation with the voluntary and community sector

in the near future.

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

related to the Istanbul Convention

The actions to be taken include:

-Education and training for the police force, court services, probation service staff and

health and children agency staff, and law students;

-The Domestic Violence Act 2018 was passed, which in summary means that various

factors can be taken into account when application is made to court for a barring

order;

-Review of the Criminal Injuries Compensation Scheme for victims of domestic

violence;

-The development of a Risk Assessment Matrix for all victims of domestic violence

and sexual crimes;

-A National Helpline Service to respond to issues of domestic and sexual violence;

-The Criminal Law (Mutual Assistance) Act 2008 shall be amended to include reference

to the Istanbul Convention;

-The Irish Human Rights and Equality Commission is committed to providing

information to victims of violence on access to complaint mechanisms such as the

European Court of Human Rights;

-Extend access to barring orders;

-Legislate for extraterritoriality where an offence is committed by an Irish national or

a person who is habitually resident in Ireland over offences in the Non-Fatal Offences

Against the Person Act 1997, sexual offences and the new offence of forced

marriage;

-Annual report on the monitoring of the application of the Convention;

-Provide support to child witnesses of domestic and sexual violence;

-Examine the potential for the removal of the common law defence of reasonable

chastisement which may be availed of in proceedings under the Non-Fatal Offences

Against the Person Act 1997 and under Section 246 of the Children’s Act 2001.

The Criminal Law (Sexual Offences) Act 2017 gave effect to Directive No. 2011/93/EU of

the European Parliament and of the Council of 13 December 20111on combating the

sexual abuse and sexual exploitation of children and child pornography, and replacing

Council Framework Decision 2004/68/JHA. The Act amends certain other legislation and

provides for offences relating to sexual acts with protected persons and relating to

payment for sexual activity with prostitutes, offensive conduct of a sexual nature and

harassment of victims of sexual offences. In addition, the Criminal Law (Sexual Offences)

(Amendment) Act 2019 was enacted to amend the Act of 2017. The Act of 2019 sets out

the arrangements for sentencing for repeat sexual offenders and providing for minimum

periods of imprisonment.

241http://www.justice.ie/en/JELR/Pages/Istanbul_Convention_Action_Plan.