Report to Council of Europe finds justice for victims of sexual violence in Ukraine undermined by discriminatory attitudes
A new report has found that two years after Ukraine confirmed ratification of the Istanbul Convention, the country’s ability to fulfil its obligations to women and girls who experience rape and sexual violence is being undermined by factors including discriminatory attitudes within the criminal justice system. Survivors of sexual violence are routinely not believed and the experiences of many of those who pursue justice reveal a pattern of bias, discrimination and stigmatisation.
Implementation of the Convention is taking place in the context of Russia’s full-scale invasion, placing significant additional burdens on the capacity of the criminal justice system to effectively respond to continuing sexual violence. The findings of the report underline the need for women and girls who survive rape and other forms of sexual violence in any context to have the right to be protected against this violence, as well as the right to access justice for the harms suffered.
The Report
The NGO Shadow Report on the Implementation of The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence in Ukraine, was co-authored by EHRAC, La Strada Ukraine, Women’s Initiatives for Gender Justice (WIGJ), Equality Now, and ULAG (the Ukrainian Legal Advisory Group), and the independent legal consultant Carolyn Edgerton.
The Report examines in detail the impact of structural inequality, discriminatory attitudes, and gender-based myths and stereotypes on victim-blaming, investigations, the courts’ interpretation of consent, and on judgments and sentencing in sexual violence cases.
The report was submitted to the GREVIO Committee, the body responsible for monitoring compliance with the Istanbul Convention, on 18 July, the second anniversary of Ukraine’s final ratification of the Istanbul Convention.
Recommendations
The report’s authors make a number of recommendations for the Grevio Committee to put to Ukraine when conducting its first baseline assessment of Ukraine’s compliance with the Convention standards. These recommendations are aimed at addressing these systemic issues and ensuring a victim-centred approach. The recommendations focus on a number of priority areas and if successfully implemented, would serve as a basis for further reform over time, to bring Ukraine fully in line with its Convention obligations.
Kateryna Cherepakha, President of La Strada Ukraine and co-author of the report, said: ‘Ukraine’s ratification of the Istanbul Convention was an important step in ensuring that women and girls are better protected from violence. While it brought Ukraine into line with international standards, implementation is a process and much more needs to be done.’
‘We must continue to advocate for change, to learn lessons from other countries and to monitor and review progress. We must listen to the voices of those directly affected. We must develop our methodology, strengthen capacities and provide appropriate training for all those involved. Ukraine has taken significant steps, in terms of new legislation and guidance, but for these developments to be meaningful, a survivor-centred approach must be embedded at all levels.’
Kateryna Cherepakha, President, La Strada Ukraine
Background
Ukraine signed what is known as the Istanbul Convention – the Convention on Preventing and Combating Violence against Women and Domestic Violence – in 2011. Since then, the country has revised its definition of the crime of rape to be gender-neutral, moved to a consent-based definition of rape and other crimes of sexual violence, and sought to address discriminatory attitudes within the criminal justice system.
However, despite this legislative progress, the report notes that barriers to justice remain: ‘Deeply rooted discriminatory gender-based stereotypes on the roles and responsibilities of women and men are widespread in Ukrainian society and in its criminal justice system. State responses to violence against women in Ukraine have been historically ineffective, characterised by low reporting, a high rate of attrition (low conviction rates), and non-deterrent sentencing practices.’
