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

• Author: Natalie Videbaek Munkholm
• Pages: 56-57

56

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

The Ministry of Gender Equality, published an Action Plan against Violence Against Women

in March 2019. The action plan focuses on violence against women in close relationships,

paying particular attention to mental or psychological violence. Mental or psychological

violence has specifically been criminalised. (Act No. 329/2019 amending the Criminal

Code) The action plans in addition contains a number of initiatives with the purpose of

combating mental or psychological violence.56

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

related to the Istanbul Convention

In 2014, the Danish Criminal Code was amended so as to comply with the ratification of

the Istanbul Convention. The preparatory works to the amendment act state that Danish

legislation was already almost compliant with the Istanbul Convention. Section 94 of the

Criminal Code was adjusted as to comply with the Convention. Under Section 94(4) the

period in which a complaint can be presented has been prolonged with regard to

notification. Thus, the limitation period will begin from the date the victim is 21, if the

victim was under 18 when the crime was committed. Furthermore, forced marriage, forced

abortion and forced sterilisation were added to the list of crimes covered by the Criminal

Code.

10.1.3National provisions on online violence and online harassment

The Government has taken initiatives to prevent sexual harassment in the digital realm,

including through a package of initiatives against digital sexual harassment.

For example, the maximum penalty for sharing intimate photographs or videos of others

without consent has been increased from six months to a term not exceeding three years

under aggravating circumstances. The maximum fine for indecentexposure, such as

unsolicited sharing of intimate photos of oneself, has been doubled.

10.1.4Political and societal debate

In 2017, the Danish Government took action to launch a set of initiatives to combat digital

sexual harassment. The initiatives include an increase in the maximum penalty for sharing

intimate photographs or videos without consent, and better education of the police to

increase the quality of investigations.57

10.2Ratification of the Istanbul Convention

Act No. 168, 26 February 2014, amended the Criminal Code (Lov om ændring af

straffeloven (Gennemførelse af Europarådets konvention til forebyggelse og bekæmpelse

af vold mod kvinder og vold i hjemmet). The act came into force on 1 July 2014.

Denmark has ratified the Istanbul Convention. It is stated in the preparatory works to the

ratification act that almost the whole content of the convention was already covered by

Danish law, so it was nearly in compliance with the obligations in the convention, and only

56https://www.ft.dk/samling/20181/almdel/LIU/bilag/58/2025429/index.htm.

57

http://www.justitsministeriet.dk/sites/default/files/media/Pressemeddelelser/pdf/digitale_sexkraenkelser_u

dspil.pdf.