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

• Author: Baci, Entela
• Pages: 91-94

91

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

Convention

10.1 General (legal) context

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

Several surveys and reports have been publis hed in Albania over recent years that give

insights into issues of violence against women and dome stic violence:

i. National Report of the Republic of Albania under the third cycle of Universal Periodic

Review (UPR);268

ii. The report of the UNHCHR under the third cycle of Universal Periodic Review

(2019);269

iii. GREVIO’s (Baseline) Evaluation Report Albania (2017).270

i. The relevant findings of Albanian UPR (2019) are presented in the following :

• There have been several initiatives to improve related legislation.271

o Law No. 47/2018 on measures against violence in family relati ons, has

been amended to ensure c ompliance wi th the Istanbul Convention and

CEDAW.

o Several protection measures, particularly related to domestic violence,

are included in Law No. 18/2017, in relation to: prevention and reduction

of cases of domestic violence; prediction of the preliminary emergency

protection order; participation of a psychologist an d the preparation of a

report to th e police; increasing the efficiency and cooperation of the

responsible structures; and increasing qualified judicial support for

victims of domestic violence.

o Amendments have been made to the Criminal Code, recognising domestic

violence, sexual vi olence, engagement in sexual activity by use of force

between spouses or cohabitants and enforced disappearance against

pregnant women, children and unprotected persons as a criminal offence.

o The Law on legal aid, which entered into force on 1 June 2018, provide s

access to justice for individuals in economic difficulty, including

disadvantaged groups. This law specifically provides as beneficiaries of

state-guaranteed legal aid, regardless of their income and property,

victims of domestic violence, sexually abused victims and victims of

trafficking in human beings, i n addition to other categories such as child

victims and juveniles in conflict wi th the law, persons in social care,

persons without legal capacity to act an d victims of discriminatory

behaviour.

o Law No. 22/2018 on so cial housing provides for priority to be given to

securing social housing for victims of domestic violence, victims of

trafficking and potential victims of trafficking.

• There are six non-public centres providing residential services (two in Tirana,

one in Berat, one in Korca, one in Elbasan, and one in Vlora). These centres

268 Albanian Government (2019), National Report of the Republic of Albania under the third cycle of Universal

Periodic Review, available at: https://www.ohchr.org/EN/HRBodies/UPR/Pages/ALIndex.aspx.

269 UNHCHR (2019), Report of the Office of the United Nations High Commissioner for Human Rights, available

at: https://www.ohchr.org/EN/HRBodies/UPR/Pages/ALIndex.aspx.

270 GREVIO (2017) GREVIO (Baseline) Evaluation Report on legislative and other measures giving effect to the

provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and

Domestic Violence (Istanbul Convention) Albania, available at: https://rm.coe.int/grevio-first-baseline-

report-on-albania/16807688a7.

271 Albanian Government (2019), National Report of the Republic of Albania under the third cycle of Universal

Periodic Review, Paragraphs 38, 40-41, available at:

https://www.ohchr.org/EN/HRBodies/UPR/Pages/ALIndex.aspx.