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

• Author: Anu Laas
• Pages: 69-72

69

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 violence

According to the annual report on crime in Estonia, 4 119 cases classified as domestic

violence were registered in 2019, making up 15 % of all crime.191 This constitutes a n

increase of 14 % from 20 18. Domestic violence constitutes h alf of all crimes of violence

and 86 % of domestic violence c ases were classified as cases of physical abuse.192 This

shows that other forms of violence are neither r eported nor taken seriously. Pe rpetrators

were partners or ex-partn ers (70 % out of all domestic violence cases), bu t also children

or stepchildren (8 %). This shows that there is underreporting by older victims and elder

abuse remains a hidden issue. 85 % of perpetrators were men and 81 % of victims were

women in domestic violence cases. 97 % perpetrators were men in cases of sexual

harassment.

Narits, Kaugia and Pettai have published two analyses of surveys from 2014 and 2017.193

The authors found that legal practitioners perceived numerous bottlenecks and uns olved

problems in relation to the existing legislative regulation and legal practice addressing

domestic violence.194 The participants in the surveys perceived an increasing need for

cooperation with law-enforcement agencies in this regard (i.e., to concent rate on

collaboration in relation to domestic violence). However, the authors consider that it is

undoubtedly important to increase the involvement of specialists in the domestic violence

field.

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

related to the Istanbul Convention

On 1 January 2015, amendments to Article 121 of th e Penal Code on physical abuse

entered into f orce, enabling aggravating circu mstances. Namely, if physical abuse which

causes pain was committed in a close relationship or relationship of subordin ation or

committed repeatedly, the crime can be punished by a pecuniary punishment or up to five

years’ imprisonment.195

In 2017, the Penal Code (PC) was amended in relation to stalking, female genital

mutilation (FGM), forced marriages and the prohibition of buying sexual services from

trafficking victims. The minimum requirements of the Istanbul Convention were taken into

account. According to the Istanbul Convention, sexual harassment must be subject to

criminal or other legal sanctions. The new Article 153.1 of t he PC defines sexual

harassment as ‘an act of ph ysical sexual nature committed intentionally against

somebody’s will and aiming to degrade’, which is punishable by a fine or detention.

191 Tamm, K. (2020), ’Perevägivald ja ahistamine’ (’Domestic violence and harassment’), Kuritegevus Eestis

2019 (Crime in Estonia in 2019), Ministry of Justice, https://www.kriminaalpoliitika.ee/kuritegevuse-

statistika/perevagivald-ja-ahistamine.html.

192 Article 121 of the Penal Code.

193 Narits, R., Kaugia, S., Pettai, I. (2016), ‘The significance of recognising domestic violence, in light of

Estonian legal expert opinion and the prospects for systematising the relevant legislation’, Juridica

International, 128–138; Narits, R., Kaugia, S., Pettai, I. (2018), ‘Towards a single Government approach

via further consolidation of law and order in Estonia, with domestic violence as an example’, Juridica

International, 104−116.

194 Amendments to the Penal Code entered into force on 6 July 2017.

195 Articles 121(2)(2) and 121(2)(3) of the Penal Code,

https://www.riigiteataja.ee/en/eli/506032020002/consolide; These cases consists majority of domestic

violence cases, but could not be used for statistical analysis due to poor wording and there is no

specification to victim-offender relationship. Perpetrator could be coach or boss etc.