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Gender-based violence

  • What is gender-based violence?
  • Forms of violence
  • EIGE’s work on gender-based violence
  • Administrative data collection
    • Data collection on violence against women
      • The need to improve data collection
      • Advancing administrative data collection on Intimate partner violence and gender-related killings of women
      • Improving police and justice data on intimate partner violence against women in the European Union
      • Developing EU-wide terminology and indicators for data collection on violence against women
      • Mapping the current status and potential of administrative data sources on gender-based violence in the EU
    • About the tool
    • Administrative data sources
    • Advanced search
  • Analysis of EU directives from a gendered perspective
  • Costs of gender-based violence
  • Cyber violence against women
  • Femicide
  • Intimate partner violence and witness intervention
  • Female genital mutilation
    • Risk estimations
  • Risk assessment and risk management by police
    • Risk assessment principles and steps
      • Principles
        • Principle 1: Prioritising victim safety
        • Principle 2: Adopting a victim-centred approach
        • Principle 3: Taking a gender-specific approach
        • Principle 4: Adopting an intersectional approach
        • Principle 5: Considering children’s experiences
      • Steps
        • Step 1: Define the purpose and objectives of police risk assessment
        • Step 2: Identify the most appropriate approach to police risk assessment
        • Step 3: Identify the most relevant risk factors for police risk assessment
        • Step 4: Implement systematic police training and capacity development
        • Step 5: Embed police risk assessment in a multiagency framework
        • Step 6: Develop procedures for information management and confidentiality
        • Step 7: Monitor and evaluate risk assessment practices and outcomes
    • Risk management principles and recommendations
      • Principle 1. Adopting a gender-specific approach
      • Principle 2. Introducing an individualised approach to risk management
      • Principle 3. Establishing an evidence-based approach
      • Principle 4. Underpinning the processes with an outcome-focused approach
      • Principle 5. Delivering a coordinated, multiagency response
    • Legal and policy framework
    • Tools and approaches
    • Areas for improvement
    • References
  • Good practices in EU Member States
  • Methods and tools in EU Member States
  • White Ribbon Campaign
    • About the White Ribbon Campaign
    • White Ribbon Ambassadors
  • Regulatory and legal framework
    • International regulations
    • EU regulations
    • Strategic framework on violence against women 2015-2018
    • Legal Definitions in the EU Member States
  • Literature and legislation
  • EIGE's publications on gender-based violence
  • Videos
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  • Menu
  • Gender mainstreaming
    • What is Gender mainstreaming
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    • Toolkits
      • Gender Equality Training
        • Back to toolkit page
        • What is Gender Equality Training
        • Why invest in Gender Equality Training
        • Who should use Gender Equality Training
        • Step-by-step guide to Gender Equality Training
            • 1. Assess the needs
            • 2. Integrate initiatives to broader strategy
            • 3. Ensure sufficient resources
            • 4. Write good terms of reference
            • 5. Select a trainer
            • 6. Engage in the needs assessment
            • 7. Actively participate in the initiative
            • 8. Invite others to join in
            • 9. Monitoring framework and procedures
            • 10. Set up an evaluation framework
            • 11. Assess long-term impacts
            • 12. Give space and support others
        • Designing effective Gender Equality Training
        • Gender Equality Training in the EU
        • Good Practices on Gender Equality Training
        • More resources on Gender Equality Training
        • More on EIGE's work on Gender Equality Training
      • Gender Impact Assessment
        • Back to toolkit page
        • What is Gender Impact Assessment
        • Why use Gender Impact Assessment
        • Who should use Gender Impact Assessment
        • When to use Gender Impact Assessment
        • Guide to Gender Impact Assessment
          • Step 1: Definition of policy purpose
          • Step 2: Checking gender relevance
          • Step 3: Gender-sensitive analysis
          • Step 4: Weighing gender impact
          • Step 5: Findings and proposals for improvement
        • Following up on gender impact assessment
        • General considerations
        • Examples from the EU
            • European Commission
            • Austria
            • Belgium
            • Denmark
            • Finland
            • Sweden
            • Basque country
            • Catalonia
            • Lower Saxony
            • Swedish municipalities
      • Institutional Transformation
        • Back to toolkit page
        • What is Institutional Transformation
          • Institutional transformation and gender: Key points
          • Gender organisations
          • Types of institutions
          • Gender mainstreaming and institutional transformation
          • Dimensions of gender mainstreaming in institutions: The SPO model
        • Why focus on Institutional Transformation
          • Motivation model
        • Who the guide is for
        • Guide to Institutional Transformation
            • 1. Creating accountability and strengthening commitment
            • 2. Allocating resources
            • 3. Conducting an organisational analysis
            • 4. Developing a strategy and work plan
            • 5. Establishing a support structure
            • 6. Setting gender equality objectives
            • 7. Communicating gender mainstreaming
            • 8. Introducing gender mainstreaming
            • 9. Developing gender equality competence
            • 10. Establishing a gender information management system
            • 11. Launching gender equality action plans
            • 12. Promotional equal opportunities
            • 13. Monitoring and steering organisational change
        • Dealing with resistance
          • Discourse level
          • Individual level
          • Organisational level
          • Statements and reactions
        • Checklist: Key questions for change
        • Examples from the EU
            • 1. Strengthening accountability
            • 2. Allocating resources
            • 3. Organisational analysis
            • 4. Developing a strategy and working plan
            • 5. Establishing a support structure
            • 6. Setting objectives
            • 7. Communicating gender mainstreaming
            • 8. Introducing methods and tools
            • 9. Developing Competence
            • 10. Establishing a gender information management system
            • 11. Launching action plans
            • 12. Promoting within an organisation
            • 13. Monitoring and evaluating
      • Gender Equality in Academia and Research
        • Back to toolkit page
        • WHAT
          • What is a Gender Equality Plan?
          • Terms and definitions
          • Which stakeholders need to be engaged into a GEP
          • About the Gear Tool
        • WHY
          • Horizon Europe GEP criterion
          • Gender Equality in Research and Innovation
          • Why change must be structural
          • Rationale for gender equality change in research and innovation
          • GEAR step-by-step guide for research organisations, universities and public bodies
            • Step 1: Getting started
            • Step 2: Analysing and assessing the state-of-play in the institution
            • Step 3: Setting up a Gender Equality Plan
            • Step 4: Implementing a Gender Equality Plan
            • Step 5: Monitoring progress and evaluating a Gender Equality Plan
            • Step 6: What comes after the Gender Equality Plan?
          • GEAR step-by-step guide for research funding bodies
            • Step 1: Getting started
            • Step 2: Analysing and assessing the state-of-play in the institution
            • Step 3: Setting up a Gender Equality Plan
            • Step 4: Implementing a Gender Equality Plan
            • Step 5: Monitoring progress and evaluating a Gender Equality Plan
            • Step 6: What comes after the Gender Equality Plan?
          • GEAR action toolbox
            • Work-life balance and organisational culture
            • Gender balance in leadership and decision making
            • Gender equality in recruitment and career progression
            • Integration of the sex/gender dimension into research and teaching content
            • Measures against gender-based violence including sexual harassment
            • Measures mitigating the effect of COVID-19
            • Data collection and monitoring
            • Training: awareness-raising and capacity building
            • GEP development and implementation
            • Gender-sensitive research funding procedures
          • Success factors for GEP development and implementation
          • Challenges & resistance
        • WHERE
          • Austria
          • Belgium
          • Bulgaria
          • Croatia
          • Cyprus
          • Czechia
          • Denmark
          • Estonia
          • Finland
          • France
          • Germany
          • Greece
          • Hungary
          • Ireland
          • Italy
          • Latvia
          • Lithuania
          • Luxembourg
          • Malta
          • Netherlands
          • Poland
          • Portugal
          • Romania
          • Slovakia
          • Slovenia
          • Spain
          • Sweden
          • United Kingdom
      • Gender-sensitive Parliaments
        • Back to toolkit page
        • What is the tool for?
        • Who is the tool for?
        • How to use the tool
        • Self-assessment, scoring and interpretation of parliament gender-sensitivity
          • AREA 1 – Women and men have equal opportunities to ENTER the parliament
            • Domain 1 – Electoral system and gender quotas
            • Domain 2 - Political party/group procedures
            • Domain 3 – Recruitment of parliamentary employees
          • AREA 2 – Women and men have equal opportunities to INFLUENCE the parliament’s working procedures
            • Domain 1 – Parliamentarians’ presence and capacity in a parliament
            • Domain 2 – Structure and organisation
            • Domain 3 – Staff organisation and procedures
          • AREA 3 – Women’s interests and concerns have adequate SPACE on parliamentary agenda
            • Domain 1 – Gender mainstreaming structures
            • Domain 2 – Gender mainstreaming tools in parliamentary work
            • Domain 3 – Gender mainstreaming tools for staff
          • AREA 4 – The parliament produces gender-sensitive LEGISLATION
            • Domain 1 – Gender equality laws and policies
            • Domain 2 – Gender mainstreaming in laws
            • Domain 3 – Oversight of gender equality
          • AREA 5 – The parliament complies with its SYMBOLIC function
            • Domain 1 – Symbolic meanings of spaces
            • Domain 2 – Gender equality in external communication and representation
        • How gender-sensitive are parliaments in the EU?
        • Examples of gender-sensitive practices in parliaments
          • Women and men have equal opportunities to ENTER the parliament
          • Women and men have equal opportunities to INFLUENCE the parliament’s working procedures
          • Women’s interests and concerns have adequate SPACE on parliamentary agenda
          • The parliament produces gender-sensitive LEGISLATION
          • The parliament complies with its SYMBOLIC function
        • Glossary of terms
        • References and resources
      • Gender Budgeting
        • Back to toolkit page
        • Who is this toolkit for?
        • What is gender budgeting?
          • Introducing gender budgeting
          • Gender budgeting in women’s and men’s lived realities
          • What does gender budgeting involve in practice?
          • Gender budgeting in the EU Funds
            • Gender budgeting as a way of complying with EU legal requirements
            • Gender budgeting as a way of promoting accountability and transparency
            • Gender budgeting as a way of increasing participation in budget processes
            • Gender budgeting as a way of advancing gender equality
        • Why is gender budgeting important in the EU Funds?
          • Three reasons why gender budgeting is crucial in the EU Funds
        • How can we apply gender budgeting in the EU Funds? Practical tools and Member State examples
          • Tool 1: Connecting the EU Funds with the EU’s regulatory framework on gender equality
            • Legislative and regulatory basis for EU policies on gender equality
            • Concrete requirements for considering gender equality within the EU Funds
            • EU Funds’ enabling conditions
            • Additional resources
          • Tool 2: Analysing gender inequalities and gender needs at the national and sub-national levels
            • Steps to assess and analyse gender inequalities and needs
            • Step 1. Collect information and disaggregated data on the target group
            • Step 2. Identify existing gender inequalities and their underlying causes
            • Step 3. Consult directly with the target groups
            • Step 4. Draw conclusions
            • Additional resources
          • Tool 3: Operationalising gender equality in policy objectives and specific objectives/measures
            • Steps for operationalising gender equality in Partnership Agreements and Operational Programmes
            • General guidance on operationalising gender equality when developing policy objectives, specific objectives and measures
            • Checklist for putting the horizontal principle of gender equality into practice in Partnership Agreements
            • Checklist for putting the horizontal principle of gender equality into practice in Operational Programmes
            • Examples of integrating gender equality as a horizontal principle in policy objectives and specific objectives
          • Tool 4: Coordination and complementarities between the EU Funds to advance work-life balance
            • Steps for enhancing coordination and complementarities between the funds
            • Step 1. Alignment with the EU’s strategic engagement goals for gender equality and national gender equality goals
            • Steps 2 and 3. Identifying and developing possible work-life balance interventions
            • Step 4. Following-up through the use of indicators within M&E systems
            • Fictional case study 1: reconciling paid work and childcare
            • Fictional case study 2: reconciling shift work and childcare
            • Fictional case study 3: balancing care for oneself and others
            • Fictional case study 4: reconciling care for children and older persons with shift work
            • Additional resources
          • Tool 5: Defining partnerships and multi-level governance
            • Steps for defining partnerships and multi-level governance
            • Additional resources
          • Tool 6: Developing quantitative and qualitative indicators for advancing gender equality
            • Steps to develop quantitative and qualitative indicators
            • ERDF and Cohesion Fund
            • ESF+
            • EMFF
            • Additional resources
          • Tool 7: Defining gender-sensitive project selection criteria
            • Steps to support gender-sensitive project development and selection
            • Checklist to guide the preparation of calls for project proposals
            • Checklist for project selection criteria
            • Supplementary tool 7.a: Gender-responsive agreements with project implementers
          • Tool 8: Tracking resource allocations for gender equality in the EU Funds
            • Ensuring gender relevance in EU Funds
            • The tracking system
            • Steps for tracking resource allocations on gender equality
            • Step 1: Ex ante approach
            • Step 2: Ex post approach
            • Examples of Step 2a
            • Annex 1: Ex ante assignment of intervention fields to the gender equality dimension codes
            • Annex 2: The EU’s gender equality legal and policy framework
          • Tool 9: Mainstreaming gender equality in project design
            • Steps to mainstream gender equality in project design
            • Step 1. Alignment with partnership agreements’ and Operational Programmes’ gender objectives and indicators
            • Step 2. Project development and application
            • Step 3. Project implementation
            • Step 4. Project assessment
          • Tool 10: Integrating a gender perspective in monitoring and evaluation processes
            • Steps to integrate a gender perspective in M&E processes
            • Additional resources
          • Tool 11: Reporting on resource spending for gender equality in the EU Funds
            • Tracking expenditures for gender equality
            • Additional resources
          • References
          • Abbreviations
          • Acknowledgements
      • Gender-responsive Public Procurement
        • Back to toolkit page
        • Who is this toolkit for?
          • Guiding you through the toolkit
        • What is gender-responsive public procurement?
          • How is gender-responsive public procurement linked to gender equality?
          • How is gender-responsive public procurement linked to gender budgeting?
          • Five reasons why gender-responsive public procurement
          • Why was this toolkit produced
        • Gender-responsive public procurement in practice
          • Legal framework cross-references gender equality and public procurement
          • Public procurement strategies cover GRPP
          • Gender equality action plans or strategies mention public procurement
          • Capacity-building programmes, support structures
          • Regular collaboration between gender equality bodies
          • Effective monitoring and reporting systems on the use of GRPP
          • Tool 1:Self-assessment questionnaire about the legal
          • Tool 2: Overview of the legislative, regulatory and policy frameworks
        • How to include gender aspects in tendering procedures
          • Pre-procurement stage
            • Needs assessment
            • Tool 3: Decision tree to assess the gender relevance
            • Preliminary market consultation
            • Tool 4: Guiding questions for needs assessment
            • Defining the subject matter of the contract
            • Choosing the procedure
            • Tool 5: Decision tree for the choice of procedure for GRPP
            • Dividing the contract into lots
            • Tool 6: Guiding questions for dividing contracts into lots for GRPP
            • Light regime for social, health and other specific services
            • Tool 7: Guiding questions for applying GRPP under the light regime
            • Tool 8: Guiding questions for applying GRPP under the light regime
            • Reserved contracts
            • Preparing tender documents
          • Procurement stage
            • Exclusion grounds
            • Selection criteria
            • Technical specifications
            • Tool 9: Decision tree for setting GRPP selection criteria
            • Award criteria
            • Tool 10: Formulating GRPP award criteria
            • Tool 11: Bidders’ concepts to ensure the integration of gender aspects
            • Use of labels/certifications
          • Post-procurement stage
            • Tool 12: Checklist for including GRPP contract performance conditions
            • Subcontracting
            • Monitoring
            • Reporting
            • Tool 13: Template for a GRPP monitoring and reporting plan
        • References
        • Additional resources
    • Methods and tools
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      • About EIGE's methods and tools
      • Gender analysis
      • Gender audit
      • Gender awareness-raising
      • Gender budgeting
      • Gender impact assessment
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      • Gender stakeholder consultation
      • Sex-disaggregated data
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      • Examples of methods and tools
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        • Overview
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        • Overview
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        • Overview
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        • Overview
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        • Overview
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        • Overview
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        • Overview
      • Sweden
        • Overview
    • EIGE’s publications on Gender mainstreaming
    • Concepts and definitions
    • Power Up conference 2019
  • Gender-based violence
    • What is gender-based violence?
    • Forms of violence
    • EIGE’s work on gender-based violence
    • Administrative data collection
      • Data collection on violence against women
        • The need to improve data collection
        • Advancing administrative data collection on Intimate partner violence and gender-related killings of women
        • Improving police and justice data on intimate partner violence against women in the European Union
        • Developing EU-wide terminology and indicators for data collection on violence against women
        • Mapping the current status and potential of administrative data sources on gender-based violence in the EU
      • About the tool
      • Administrative data sources
      • Advanced search
    • Analysis of EU directives from a gendered perspective
    • Costs of gender-based violence
    • Cyber violence against women
    • Femicide
    • Intimate partner violence and witness intervention
    • Female genital mutilation
      • Risk estimations
    • Risk assessment and risk management by police
      • Risk assessment principles and steps
          • Principle 1: Prioritising victim safety
          • Principle 2: Adopting a victim-centred approach
          • Principle 3: Taking a gender-specific approach
          • Principle 4: Adopting an intersectional approach
          • Principle 5: Considering children’s experiences
          • Step 1: Define the purpose and objectives of police risk assessment
          • Step 2: Identify the most appropriate approach to police risk assessment
          • Step 3: Identify the most relevant risk factors for police risk assessment
          • Step 4: Implement systematic police training and capacity development
          • Step 5: Embed police risk assessment in a multiagency framework
          • Step 6: Develop procedures for information management and confidentiality
          • Step 7: Monitor and evaluate risk assessment practices and outcomes
      • Risk management principles and recommendations
        • Principle 1. Adopting a gender-specific approach
        • Principle 2. Introducing an individualised approach to risk management
        • Principle 3. Establishing an evidence-based approach
        • Principle 4. Underpinning the processes with an outcome-focused approach
        • Principle 5. Delivering a coordinated, multiagency response
      • Legal and policy framework
      • Tools and approaches
      • Areas for improvement
      • References
    • Good practices in EU Member States
    • Methods and tools in EU Member States
    • White Ribbon Campaign
      • About the White Ribbon Campaign
      • White Ribbon Ambassadors
    • Regulatory and legal framework
      • International regulations
      • EU regulations
      • Strategic framework on violence against women 2015-2018
      • Legal Definitions in the EU Member States
    • Literature and legislation
    • EIGE's publications on gender-based violence
    • Videos
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  • About EIGE
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    • Gender Equality Forum 2022
      • About
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  • EIGE’s publications
    • Gender-sensitive Communication
      • Overview of the toolkit
      • First steps towards more inclusive language
        • Terms you need to know
        • Why should I ever mention gender?
        • Choosing whether to mention gender
        • Key principles for inclusive language use
      • Challenges
        • Stereotypes
          • Avoid gendered pronouns (he or she) when the person’s gender is unknown
          • Avoid irrelevant information about gender
          • Avoid gendered stereotypes as descriptive terms
          • Gendering in-animate objects
          • Using different adjectives for women and men
          • Avoid using stereotypical images
        • Invisibility and omission
          • Do not use ‘man’ as the neutral term
          • Do not use ‘he’ to refer to unknown people
          • Do not use gender-biased nouns to refer to groups of people
          • Take care with ‘false generics’
          • Greetings and other forms of inclusive communication
        • Subordination and trivialisation
          • Naming conventions
          • Patronising language
      • Test your knowledge
        • Quiz 1: Policy document
        • Quiz 2: Job description
        • Quiz 3: Legal text
      • Practical tools
        • Solutions for how to use gender-sensitive language
        • Pronouns
        • Invisibility or omission
        • Common gendered nouns
        • Adjectives
        • Phrases
      • Policy context
    • Work-life balance in the ICT sector
      • Back to toolkit page
      • EU policies on work-life balance
      • Women in the ICT sector
      • The argument for work-life balance measures
        • Challenges
      • Step-by-step approach to building a compelling business case
        • Step 1: Identify national work-life balance initiatives and partners
        • Step 2: Identify potential resistance and find solutions
        • Step 3: Maximise buy-in from stakeholders
        • Step 4: Design a solid implementation plan
        • Step 5: Carefully measure progress
        • Step 6: Highlight benefits and celebrate early wins
      • Toolbox for planning work-life balance measures in ICT companies
      • Work–life balance checklist
    • Gender Equality Index 2019. Work-life balance
      • Back to toolkit page
      • Foreword
      • Highlights
      • Introduction
        • Still far from the finish line
        • Snail’s-pace progress on gender equality in the EU continues
        • More women in decision-making drives progress
        • Convergence on gender equality in the EU
      • 2. Domain of work
        • Gender equality inching slowly forward in a fast-changing world of work
        • Women dominate part-time employment, consigning them to jobs with poorer career progression
        • Motherhood, low education and migration are particular barriers to work for women
      • 3. Domain of money
        • Patchy progress on gender-equal access to financial and economic resources
        • Paying the price for motherhood
        • Lifetime pay inequalities fall on older women
      • 4. Domain of knowledge
        • Gender equality in education standing still even as women graduates outnumber men graduates
        • Both women and men limit their study fields
        • Adult learning stalls most when reskilling needs are greatest
      • 5. Domain of time
        • Enduring burden of care perpetuates inequalities for women
        • Uneven impact of family life on women and men
      • 6. Domain of power
        • More women in decision-making but still a long way to go
        • Democracy undermined by absence of gender parity in politics
        • More gender equality on corporate boards — but only in a few Member States
        • Limited opportunities for women to influence social and cultural decision-making
      • 7. Domain of health
        • Behavioural change in health is key to tackling gender inequalities
        • Women live longer but in poorer health
        • Lone parents and people with disabilities are still without the health support they need
      • 8. Domain of violence
        • Data gaps mask the true scale of gender-based violence in the EU
        • Backlash against gender equality undermines legal efforts to end violence against women
        • Conceptual framework
        • Parental-leave policies
        • Informal care of older people, people with disabilities and long-term care services
        • Informal care of children and childcare services
        • Transport and public infrastructure
        • Flexible working arrangements
        • Lifelong learning
      • 10. Conclusions
    • Sexism at work
      • Background
        • What is sexism?
        • What is the impact of sexism at work?
        • Where does sexism come from?
        • Sexism at work
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  • Gender-based violence
  • Regulatory and legal framework

Legal Definitions in the EU Member States

This resource includes the legal definitions of different types of gender-based violence used in EU Member States, according to their legal terminology and national legislation. It was last updated in 2019 and makes a reference to the United Kingdom as a member state of the European Union.

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144 items / 12 pages

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  • Italy
    Violence, Justice
    Rape

    Whoever, by force or by threat or abuse of authority, forcing another person to commit or suffer sexual acts shall be punished with imprisonment from five to ten years.

    Observations

    In February 1996 sexual violence ceased to be a “crime against public morality” and was fully recognized as a "crime against the person". Consequently, the crime of sexual violence is specifically defined by the Penal Code.

    Legal Source: 

    Criminal Code, Article 609bis

  • Italy
    Violence, Justice
    Sexual Assault (excl. rape)

    Italy uses the term "sexual violence", which is: whoever, by force or by threat or abuse of authority, forces another person to commit or suffer sexual acts.

    Observations

    The same punishment will be given to whoever induces another person to commit or suffer sexual acts by: 1) abusing the conditions of physical or mental inferiority of the victim at the time of the event, 2) misleading the victim hiding own identity.

    Legal Source: 

    Criminal Code, Article 609bis

  • Italy
    Violence, Justice
    Sexual Harassment

    continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, kin, or others associated with the victim him/herself by an affective relationship, or; (3) forces the victim(s) to change his/her living habits.

    Observations

    It is considered to bethe same as stalking. In February 2009, Italy adopted an Anti-Stalking Law making a criminal offence, punishable with imprisonment ranging from six months up to four years.

    Legal Source: 

    Law Decree 23 February 2009, n. 11, "Misure urgenti in materia di sicurezza pubblica e di contrasto alla violenza sessuale, nonchè in tema di atti persecutori" converted into Law 23 April 2009, n. 38.The same in Art. 612-bis Penal Code: Atti persecutori

  • Italy
    Violence, Justice
    Stalking

    Any "continuative harassing, threatening or persecuting behaviour which: (1) causes a state of anxiety and fear in the victim(s), or; (2) ingenerates within the victim(s) a motivated fear for his/her own safety or for the safety of relatives, kin, or others associated with the victim him/herself by an affective relationship, or; (3), forces the victim(s) to change his/her living habits".

    Observations

    In February 2009, Italy adopted an Anti-Stalking Law making it a criminal offence, punishable with imprisonment ranging from six months up to four years.

    Legal Source: 

    Law 23 April 2009 and Criminal Code,612bis

  • Cyprus
    Violence, Justice
    Intimate Partner Violence

    In Cyprus, intimate partner violence is recognised only within the context of "violence in the family", which means any act, omission or behaviour which causes physical, sexual or mental injury to any member of the family by another member of the family and includes violence used for the purpose of having sexual intercourse without the consent of the victim as well as of restricting its freedom.

    Observations

    Member of the family can mean a husband and wife who have been legally married whether the marriage still exists or not, or cohabiting partners; the parents of the cohabiting spouses; the children and/or grandchildren of cohabiting partners and their parents or any person residing with the aforementioned persons. Violence between homosexual couples is not recognised.

    The law also clarifies that rape can be committed within marriage.

    Legal Source: 

    The Violence in the Family (Prevention and Protection of Victims) Law 119(I) of 2000 and 212(I) of 2004

    Legal provisions on protection orders: 

    Violence in the Family (Prevention and Protection of Victims) Law, Article 22:

    • The Court may, upon application by a member of the family or by the police or by the prosecutor or by the Attorney-General of the Republic or by a Family Counsellor or by another person acting on behalf of any of the above, issue an interim order restraining the suspect or for the removal of the minor victim until a criminal case against the accused for the criminal offence of violence is filed and tried. Interim order restraining the suspect or removing the victim.
    • The Court shall issue an order, at any time, upon an application accompanied by an affidavit sworn by the victim or, in the case of a minor victim, by any other person who is in a position to have direct knowledge of the facts or by any other evidence, causing a prima facie risk for use or repetition of violence, including statements of the victim or other persons in any form, certificates, confirmations and other evidence under this or any other Law.

    Article 23: The Court may issue against a person charged for the commission of any offence of violence, under this Law, an order valid for such period and upon such conditions as it may impose, prohibiting such person to enter or remain in the marital home. Such an order shall be called “a restraining order”

  • Cyprus
    Violence, Justice
    Rape

    Any person who has unlawful carnal knowledge of a female, without her consent, or with the consent, if the consent is obtained by force or fear of bodily harm, or, in the case of a married woman, by personating her husband, is guilty of the felony termed rape.

    Legal Source: 

    Criminal Code, Section 144

    Legal provisions on protection orders: 

    There are no special protective measures for victims of rape either during the investigation or during the prosecution.

  • Cyprus
    Violence, Justice
    Sexual Assault (excl. rape)

    In Cyprus, the term "abduction" is the one most closely related to sexual assault, which means: any person who, with intent to marry or carnally know a female, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.

    Observations

    Related information:

    • Incest: any male person who has carnal knowledge of a female person, irrespective of whether with the consent or not of such female person, who is to his knowledge his granddaughter, daughter, sister or mother shall be guilty of the offence of incest and shall be liable to imprisonment for seven years (Criminal Code, Section 147).
    • Indecent assault on females: any person who unlawfully and indecently assaults any female is guilty of a misdemeanour (Criminal Code, Section 151).
    • Defilement of girls under thirteen years of age: (1) any person who unlawfully and carnally knows a female under the age of thirteen years is guilty of a felony and is liable to imprisonment for life, and (2) any person who attempts to have unlawful carnal knowledge of a female under the age of thirteen years is guilty of a misdemeanour and is liable to imprisonment for three years (Criminal Code, Section 153).
    • Defilement of girls between thirteen and sixteen years of age: any person who unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any female person of, or above, the age of thirteen years and under the age of sixteen years is guilty of a misdemeanour (Criminal Code, Section 154).
    Legal Source: 

    Criminal Code, Section 148

    Legal provisions on protection orders: 

    No legal provision

  • Cyprus
    Violence, Justice
    Sexual Harassment

    Undesirable conduct of a sexual nature or other nature based on sex which offends the dignity of women and men during employment or vocational training or during access to employment or vocational training and is expressed in words or in deeds.

    Observations

    In 2006, the Law on Equal Treatment of Men and Women in Employment and Vocational Training was amended by amending law N. 40(I)/2006 which introduced the concept of harassment without a sexual element. The material scope of the law does not extend beyond employment and vocational training.

    Legal Source: 

    The Equal Treatment of men and women in employment and vocational training Law of 2002

    Legal provisions on protection orders: 

    No legal provision

  • Latvia
    Violence, Justice
    Intimate Partner Violence
    Observations

    Regulating acts in Latvia do not provide an exact definition of “violence in the family”; therefore right now it is not possible to separate domestic violence from other offences. It is only possible to receive information about separate offences under the Criminal Law and Administrative Violations Code of Latvia. However, the received information will not always reveal a connection with violence in the family.

    In cases of violence against a woman or a minor in the family the guilty party is called to criminal liability according to different Sections of the Criminal Code, taking into account the way the crime was performed, its consequences and other features. Most frequently, the criminal process is instigated for inflicting various (heavy, medium or light) deliberate bodily injuries, (Articles 125-130 of the Criminal Law). It falls to the forensic experts to establish the degree of seriousness of bodily injury. The gravest crime against a woman is murder. Liability for murder is envisaged in several Sections of the Criminal Law. Thus, Section 116 of the Criminal Law envisages liability for murder performed due to personal relationships (jealousy, anger,revenge, etc.), during an argument, a fight and other similar cases without aggravating or mitigating circumstances indicated under Sections 117-122 of the CL. Section 117 of the Criminal Law, states murder of a woman who was raped and the perpetrator was aware of her pregnancy as murder under aggravated circumstances.

    Criminal Law; Latvian Administrative Violations Code;Criminal Procedure Law: Law on Police:

    Legal provisions on protection orders: 

    Criminal Procedure Law, Section 253: "Prohibition for approaching a specific person or location": (1) Prohibition from approaching a specific person is a restriction upon a suspect or accused, provided for with a decision of a person directing the proceedings, from being located closer than the distance referred to in a decision from the relevant person, from having physical or visual contact with such person, and using means of communication, or techniques for transferring information, in order to make contact with such person. (2) A prohibition from approaching a specific location is a restriction, provided for with a decision of a person directing the proceedings, upon a suspect or accused from visiting the relevant location, or being located closer than the distance referred to in the decision. (3) Approaching a specific person or location shall not be recognised as a violation of the prohibition referred to in Paragraphs one and two of this Section, if such approaching takes place within the framework of criminal proceedings, fulfilling the instructions of a person directing the proceedings.

    Law on Police: Section 12. "General Rights of Police Officers": Police officers, in performing duties assigned to them in conformity with the competence of the service, have the right: 10) to arrest, on the basis of a written application, persons in a dwelling who are under the influence of alcohol, narcotic, psychotropic or toxic substances and may cause harm to themselves or persons nearby, as well as in cases when people nearby are afraid to remain alone with such a person and if there is no other basis for their arrest , as well as to keep such persons in custody at a police institution until sober or until the determination of the circumstances, but for not longer than 12 hours.

  • Latvia
    Violence, Justice
    Rape

    For a person who commits an act of sexual intercourse by means of violence, threats or taking advantage of the state of helplessness of a victim (rape), the applicable punishment is deprivation of liberty for a term of not less than two and not exceeding ten years, probationary supervision for a term not exceeding three years.

    Observations

    Special circumstances:

    • For a person who commits rape where commission is by a person who has previously committed rape or commission is by a group of persons, or who commits rape of a minor, the applicable punishment is deprivation of liberty for a term of not less than five years and not exceeding fifteen years, with probationary supervision for a term not exceeding three years.
    • For a person who commits rape, if serious consequences are caused thereby, or commits rape of an under aged person, the applicable punishment is life imprisonment, or deprivation of liberty for a term of not less than ten years and not exceeding twenty years, probationary supervision for a term not exceeding three years.
    Legal Source: 

    Criminal Code, Section 159

  • Latvia
    Violence, Justice
    Sexual Assault (excl. rape)

    For a person who commits pederastic or lesbian or other unnatural sexual acts of gratification, if such acts have been committed using violence or threats or by taking advantage of the state of helplessness of a person, the applicable punishment is deprivation of liberty for a term of not less than two years and not exceeding ten years, and probationary supervision for a term not exceeding three years.

    Observations

    Special circumstances (in the same legal provision):

    • For a person who commits the same acts, if commission thereof is on a minor, or is repeated, or by a person who has previously committed rape, or by a group of persons, the applicable punishment is deprivation of liberty for a term of not less than five years and not exceeding fifteen years and with probationary supervision for a term not exceeding three years.
    • For a person who commits acts provided for in Paragraph one or two of this Section, if serious consequences are caused thereby, as well as if commission thereof is on an under aged person, the applicable punishment is a life imprisonment or deprivation of liberty for a term of not less than ten years and not exceeding twenty years and probationary supervision for a term not exceeding three years.

    Related information:

    • For a person who commits an act of sexual connection, or pederastic, lesbian or other unnatural sexual acts of gratification, with a person who has not attained the age of sixteen years and who is in financial or other dependence on the offender, or if such offence has been committed by a person who has attained the age of majority, the applicable punishment is deprivation of liberty for a term not exceeding four years or custodial arrest or community service or a fine not exceeding two hundred times the minimum monthly wage and with or without a probationary supervision for a term not exceeding three years. (Criminal Code, Section 161)
    • For a person who commits crime against humanity, that is, for an activity which is performed as a part of vast or systematic offensive to civilians and which has been expressed as homicide, extermination, enslavement, deportation or forced movement, unlawful deprivation or limitation of liberty, torture, rape, involvement of a person into sexual slavery, compelling the engaging in prostitution, forced fertilisation or sterilisation, or sexual violence of similar degree of severity, apartheid, persecution of any group of people or union on the basis of political, racial, national, ethnical, cultural, religious or gender affiliation or other reasons which have been recognised as inadmissible in the international law, in relation to any activity indicated in this Section or genocide, or war crime or other activity provided for in the international law binding upon the Republic of Latvia, which causes serious physical or mental suffering,the applicable punishment is life imprisonment or deprivation of liberty for a term of not less than three and not exceeding twenty years. (Criminal Code,Section 71.2)
    Legal Source: 

    Criminal Code, Section 160

  • Latvia
    Violence, Justice
    Sexual Harassment

    Prohibition of Differential Treatment:(4) Harassment of a person and instructions to discriminate against him or her shall also be deemed to be discrimination within the meaning of this Law. (7) Harassment of a person within the meaning of this Law is the subjection of a person to such actions which are unwanted from the point of view of the person, which are associated with his or her belonging to a specific gender, including actions of a sexual nature if the purpose or result of such actions is the violation of the person’s dignity and the creation of an intimidating, hostile, humiliating, degrading or offensive environment. (8) If the prohibition against differential treatment and the prohibition against causing adverse consequences is violated, an employee in addition to other rights specified in this Law, has the right to request compensation for losses and compensation for moral harm. In case of dispute, a court at its own discretion shall determine the compensation for moral harm.

    Observations

    Related information: Section 7. Principle of Equal Rights. The rights provided for in Paragraph one of this Section shall be ensured without any direct or indirect discrimination – irrespective of a person’s race, skin colour, gender, age, disability, religious, political or other conviction, ethnic or social origin, property or marital status, sexual orientation or other circumstances. Article 96 of Constitution of Latvia96. Everyone has the right to inviolability of his or her private life, home and correspondence.

    Legal Source: 

    Labour Law, Section 29

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