Policy cycle in justice

The figures on crime and criminal justice are collected through a joint Eurostat-UNODC (United Nations Office on Drugs and Crime) data collection. This new joint data collection replaces earlier series published by Eurostat and refers to the period 2008 – 2013. It is available at country level for European Union Member States, EFTA countries, EU candidate countries and EU potential candidates. Most of the data are taken from information recorded or reported by the police. Comparisons of crime levels based on the absolute figures would be misleading, since they are affected by many factors including:

• different legal and criminal justice systems
• different laws and legal definitions
• rates at which crimes are reported to the police and recorded by them
• differences in the point at which crime is measured (for example, report to the police, identification of suspect, etc.)
• differences in the rules by which multiple offences are counted
• differences in the list of offences that are included in the overall crime figures.

The database includes:

• Data are held on offences recorded by the police – intentional homicide, assault, rape, other sexual assault, kidnapping, theft, motor vehicle theft, burglary/breaking and entering, domestic burglary/housebreaking, drug trafficking.
• Data on intentional homicide are also available by largest cities in these countries.
• Number of victims of intentional homicide is available by sex and age categories (0 – 14; 15 – 29; 30 – 44; 45 – 59; >60).
• Suspects, convicted and persons held in prison by sex and age (adult/juvenile).
• Suspects and persons held in prisons for the offences of intentional homicide, rape and other sexual assault by sex.
• Details of criminal justice personnel – police, professional judges and magistrates, prison staff, by sex, are held.
• Court input/output statistics include persons brought before the courts, persons convicted, persons acquitted.
• Prisons – prison capacity data are available.

Data can be used to monitor the situation and trends through time, in particular, of the number of victims of intentional homicide, suspects, convicted and persons held in prison for offences of intentional homicide, rape and other sexual assault by sex. As a general rule, comparisons should be based upon trends rather than on levels, on the assumption that the characteristics of the recording system within a country remain fairly constant over time.

One of the key tasks of UNODC is to produce and disseminate accurate drugs and crime statistics at the international level. UNODC also works to strengthen national capacity to produce, disseminate and use the drugs and crime statistics within the framework of official statistics. UNODC regularly provides global statistical series on crime, criminal justice, drug trafficking and prices, drug production, and drug use. The database includes data on women brought into contact, women prosecuted, convicted and detained as well as on women staff in police and the criminal judiciary system. It also includes data on the percentage of women victims of homicides.

This database includes a dedicated section on gender statistics. Even if limited to 21 Member States, it provides information (not on a regular basis) on victims of homicide by sex and relationship to the perpetrator for the years 2007 and 2011, but the data are not fully comparable. The data confirms that nearly 80% of victims of intimate partner homicide are women.

Database on women and men in decision-making (WMID)

The WMID database has been established to monitor the number of men and women in key decision-making positions and in order to provide reliable statistics that can be used to monitor the current situation and trends through time. The database covers positions of power and influence in politics, public administration, the judiciary and various other key areas of the economy. Data on political decision-making at European and national level are updated quarterly, while all other data are updated annually, though updates to political data at regional level are included in quarterly updates in case of election.

The section on judiciary covers the gender balance among the judiciary at European and national level.

The EU Justice Scoreboard is a comprehensive overview of the functioning of national justice systems. It is an information tool aiming at assisting the EU and Member States to achieve more effective justice by providing objective, reliable and comparable data on the quality, independence and efficiency of justice systems in all Member States. As for female judges at courts, the level of gender balance among judges in first and/or second instance courts is in general good. In most Member States, each gender accounts for between 40-60%. In Supreme Courts however, even if most Member States are moving towards gender balance, progress remains slow in some Member States (2016 EU Justice Scoreboard, forthcoming).

This survey is based on interviews with 42,000 women across the 28 Member States of the European Union (EU), who were asked about their experiences of physical, sexual and psychological violence, including incidents of intimate partner violence (‘domestic violence’). It shows that gender-based violence against women is an extensive human rights abuse that the EU cannot afford to overlook. To date, this survey is the only attempt aiming to capture the prevalence of VAW in a harmonised and comparable way across all EU Member States. It marked a major advance in measuring VAW at EU level.

An interactive tool, available on FRA’s website, offers different ways to explore the data behind the survey results.

To date the survey, which interviews both employees and self-employed people on key issues related to their work and employment, has been carried out 5 times. Since 2010, Eurofound’s survey measures sexual harassment in the workplace experienced by women men such as “unwanted sexual attention”, “threats and humiliating behaviour” and other acts.

EIGE provides access to existing statistics data and information on gender-based violence, aiming to support the institutions and experts engaged in preventing and combating gender-based violence in the European Union and beyond. EIGE’s database includes a tool for mapping administrative data on violence against women in the EU Member States. The tool maps the existing of statistics at country level on gender-based violence, describes the various national data sources, includes the links to the national sources and, where available, also statistical elaborations of the existing data.

Domestic Violence against Women Special Eurobarometer 344.

The survey follows on from a previous Eurobarometer survey conducted in 1999 in the 15 Member States which comprised the EU at the time. The report analyses the evolution of responses in the EU-15 in the intervening decade, and offers a comparative analysis of the results of the 2 surveys. Furthermore, it also analyses data from the newer Member States, for which no trend comparisons are possible.

The Gender Equality Index

This provides statistics on violence against women in EU Member States, based on the data on violence against women collected by the European Union Agency for Fundamental Rights through the EU-wide survey on violence against women. The women who were interviewed as subjects of the study were between the age of 18 and 74. The main indicators considered by the report in this field are: physical violence by a partner since the age of 15; sexual violence by a partner since the age of 15; sexual violence by a non-partner since the age of 15; psychological violence by a partner since the age of 15; physical violence by a partner in the 12 months prior to the interview; sexual violence by a partner in the 12 months prior to the interview; and sexual violence by a non- partner in the 12 months prior to the interview.

Report on the inquiry into preventing unnecessary criminalisation of women

The inquiry into preventing unnecessary criminalisation of women stemmed from the conclusions of previous APPG inquiries and reports by the Howard League which indicated that the majority of women involved in the criminal justice system do not need to be there, that women are criminalised too quickly and easily and that the problems they face ought to be addressed by other agencies at a much earlier stage.

Progress of the world’s women 2015 – 2016: women in the pursuit of justice

Progress of the world’s women: Transforming economies, realising rights is a timely reminder of the importance of women’s economic and social rights to build strong and resilient economies and societies, today and for future generations. It shows where governments and the international community have fallen short on realising the full inclusion of women and girls and it illustrates how and where immediate action can redress this critical imbalance. It also includes a specific section on women and justice.

2015 - Preventing domestic violence – good practices

This report presents the good practices collected under EIGE’s study which aimed to identify and collect existing resources and information on training to prevent domestic violence, on campaigns to raise social and political awareness on domestic violence and on support services for victims of domestic violence.

2014 - Administrative data sources on gender-based violence against women in the EU: Technical analysis

The report provides a comprehensive technical analysis of the current status and potential of the main administrative data sources and the related statistical products.

2014 - Administrative data sources on gender-based violence against women in the EU: Report

The report provides a comprehensive overview of the legal and policy framework underpinning administrative data on gender-based violence.

2014 - Conference report: Eliminating violence against women in Europe

The conference report presents the main findings, arguments and points of discussion that were presented and articulated during the conference.

2013 - Study on international activities in the field of data collection on gender-based violence across the EU: Report

The report first summarises the policy framework on combating gender-based violence in the European Union, the United Nations and the Council of Europe. Secondly, the findings of the study are presented organisation by organisation. Past as well as ongoing activities are discussed, after which future plans are explored.

2012 - Review of the implementation of the Beijing Platform for Action in the EU Member States: Violence against women – victim support

This publication aims to support policymakers and relevant institutions in their efforts to combat and prevent domestic violence by providing them with reliable and comparable data and information for effective, evidence-based decisions and policy improvement.

2012 - Review of the implementation of the Beijing Platform for Action in the EU Member States: Violence against women – victim support, main findings

The current report aims to support policymakers and all relevant institutions in their efforts to combat and prevent domestic violence, by providing them with reliable and comparable data and information for effective, evidence-based decisions and policy improvement.

2012 - Study to identify and map existing data and resources on sexual violence against women in the EU: Report

This report is based on a study commissioned by EIGE and carried out by the European Women’s Lobby in 2011. The study focused on the following forms of sexual violence against women: rape, marital rape, sexual abuse/assault, sexual coercion and sexual harassment outside the workplace, and covered resources used by the Member States and Croatia between 2007 and 2010.

2013 - Feasibility study equal access of women to justice

The purpose of this feasibility study is to discuss the challenges in women’s access to justice in Council of Europe Member States.

2010 - Report on cases brought before the European Court of Human Rights by women.

The subject of the survey is the place of women in disputes concerning rights protected by the Convention, and in particular their access to the European ‘monitoring mechanism’.

2008 - Directorate-General of Human Rights and Legal Affairs, Gender Equality and Anti-Trafficking Division, task force to combat violence against women, including domestic violence (EG-TFV). Final activity report. Publications Office of the European Union, Luxembourg.

For 2 years, the Council of Europe Task Force to Combat Violence against Women, including domestic violence, has followed national and international developments in preventing and combating violence against women. In accordance with its mandate, this report contains detailed information, assessments and recommendations on measures to prevent and combat violence against women.

Improving the juvenile justice system for girls: Lessons from the States

This research examines the challenges facing girls in the juvenile justice system and makes recommendations for gender-responsive reform at the local, state, and federal levels. This report emerged from the policy series – Marginalized Girls: Creating Pathways to Opportunity – convened by the Georgetown Center on Poverty, Inequality, and Public Policy, The National Crittenton Foundation and the Human Rights Project for Girls.

2011 - Harassment related to sex and sexual harassment law in 33 European Countries

One aim of this report is to investigate harassment as discrimination. In addition, relevant case law of national courts and equality bodies illustrating this implementation is described and analysed. Another aim is to investigate what, if any, the added value is of combating harassment related to sex and sexual harassment in the form of a prohibition of discrimination.

2010 - Feasibility study to assess the possibilities, opportunities and needs to standardise national legislation on violence against women [VAW], violence against children [VAC] and sexual orientation violence [SOV]. Daphne 3, Publications Office of the European Union, Luxembourg.

The central task of this report was to provide a coherent analysis of the need for, possibilities of, and potential hurdles to standardised national legislation across 3 fields of violence for EU Member States

2010 - Violence against women and the role of gender equality, social inclusion and health strategies

The report is organised in 3 chapters: the first summarises the main features of violence against women in Europe. The second chapter gives an overview of policies addressing violence against women from the perspective of prevention, support for the victim and social reintegration. The final chapter presents some general conclusions.

The research shows that arrangements for women in prison vary widely around the world and that some countries have moved much further in the direction of a women-centred approach than others. This article summarises some of the review’s findings.

Girls in the juvenile justice system: towards effective gender-responsive programming.

This research to practice brief focuses on 2 interrelated questions: i) What are the characteristics of girls in the juvenile justice system, and how do they differ from those of their male counterparts? ii) What are some promising strategies for creating a more gender-responsive juvenile justice system?

Study on victim support services (for victims of all crime)

This report looks at achievements in the area of victim support provision and aims to take stock of the various models that have emerged in EU Member States. It examines Member States’ obligations under the Victims’ Directive to ensure the availability of support services to all victims of crime and explores the situation on the ground. The report high­lights achievements as well as promising models and practices that can serve as a source of inspiration to Member States in implementing the Victims’ Directive.

2014 - Specialized Women’s Support Services and New Tools for Combating Gender-based Violence in Europe

The report maps the available services for women survivors of violence in 46 European countries, including information on available women’s helplines, women’s shelters, and women’s centers. Country reports are provided.

2016 - Thematic Paper "Access to Justice for Women Victims of Violence: Analysis and Key Tenets of International Law and Practice in the Field"

The thematic paper explores the notion of access to justice for women victims of violence, as well as barriers to such access, including gender stereotyping and additional vulnerabilities. It also addresses achievements in the access to justice before international human rights bodies.

Gender Self-Assessment Guide for the Police, Armed Forces and Justice Sector

This self-assessment guide is a tool for assessing the gender responsiveness of a security sector institution. While it can be used by other security sector institutions, it is particularly designed for use by police services, armed forces and justice sector institutions. A gender-responsive security sector institution is one that both meets the distinct and different security and justice needs of men, women, boys and girls and promotes the full and equal participation of men and women.

2013 - Gender mainstreaming in the work of UNODC

Understanding the interrelationship between gender, security threats and crime is vital to the overall effectiveness of any response. Women and men are impacted differently by drugs, crime and terrorism and have different experiences going through the criminal justice system. Therefore, the purpose of this guidance note is to assist UNODC staff to effectively integrate a gender perspective into all aspects of their work from planning strategic tools, developing normative standards, designing and delivering thematic and regional programmes and working through the project cycle. The note includes a specific section on how to carry out gender analysis in the fields of activity of UNDOC.

2010 - Gender in the criminal justice system assessment tool: Criminal justice assessment toolkit

A fair, effective and representative criminal justice system is one that respects the fundamental rights of all women and men. It is gender-responsive and works to identify and address gender biases that have permeated the system, to prevent gender-based crimes, to protect and assist victims/survivors and witnesses, and to encourage women’s active participation at all levels of the criminal justice system. An assessment of the criminal justice system or any of its components cannot be complete without a careful examination of how the system and the various sectors treat gender. This tool provides guidance on how to assess gender in the criminal justice system. In detail the tool includes indications on gender analysis of: criminal statistics; legal and regulatory framework; policing; access to justice; defence/legal aid; custodial and non-custodial measures; victims and witnesses; and accountability of criminal justice system.

Analysis of Gender as a Factor associated with Custodial Sentences for Breach of a Court order

This constitutes a specific example of gender analysis in the judicial system. The aim of this analysis is to investigate whether gender is associated with being sentenced to custody for breach of a court order, independently of offence type, criminal history and other factors.

Drafting of national laws in Finland

In Finland measures have been taken by the national government since 2000 to enhance GIA in the drafting of laws. According to the official definition, GIA in the drafting of a law has 2 main aims. First, it is a means to promote gender equality; second, it is a way to ensure the quality of the legislative process and promote good governance. In terms of the gender equality aim, the idea is to overcome gender-neutral procedures in law drafting, which may often involve a gender bias. GIA is integrated into ordinary legislative work and is part of the general impact assessment procedure. As such, those normally in charge of legislative preparation should also carry out GIAs. The Finnish government’s central gender equality structure coordinates all process and may give some support if consulted, but it does not conduct the GIAs itself.

Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention: Suitability of assessment instruments for delinquent girls.

The Office of Juvenile Justice and Delinquency Prevention Girls Study Group has conducted a study to systematically examine the extent to which existing instruments designed for adolescents and used in the juvenile justice system are equally effective for girls and boys. The researchers have reviewed 4 types of instruments:

• risk and risk/needs assessment instruments to predict outcomes, most often recidivism
• global needs assessment instruments to provide a broad-based assessment of youths’ problem areas requiring further follow-up
• substance abuse instruments intended to detect alcohol or substance use, including the presence or severity of abuse, dependence, and problems associated with abuse
• mental health instruments covering a broad scope of topics within the mental health area, from disorders to positive functioning and adaptive behaviours.

For each instrument, the researchers have developed the following categories for findings:

• favourable – the instrument had positive gender-based performance information
• unclear – the instrument had mixed or inconsistent gender-based performance information
• unfavourable – the instrument had negative gender-based performance information
• unknown – the instrument lacked gender-based performance information.

The web tool created allows an understanding through all instruments reviewed and the methodology used.

WAVE - A network of mostly European NGOs fighting violence against women and children.

The European Women Lawyers Association - A Federation of national women lawyers associations from EU and EFTA MS.

Women’s Initiatives for Gender in Justice - A Global association working for ensuring justice for women.

International Association of Women Judges - European section. An International association committed to promoting equal justice for all and the rule of law.

European Network of Policewomen - An EU network aiming to facilitate positive changes in regard to gender mainstreaming, the management of diversity as well as optimising the position of women.