In its first report evaluating the implementation by Andorra of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, known as the “Istanbul Convention”, the Group of Experts (GREVIO) acknowledges significant progress in the legislative sphere and other areas but identifies a number of shortcomings, notably in data collection, criminal law and support services for victims of sexual violence.
GREVIO welcomes the considerable efforts made by Andorran authorities to develop a legislative framework addressing the various forms of violence against women covered by convention, in particular through the 2015 law on eradicating gender-based violence and domestic violence and the 2019 law on equal treatment and non-discrimination. The report underlines shortcomings in the collection of data, which prevent a proper evaluation of the impact of measures undertaken in the fight against gender-based violence, in particular by law enforcement and judicial bodies, and health services. Consequently, it urges the Andorran authorities to put in place a system for the collection and publication of this data in compliance with the convention.
Following the ratification of the Istanbul Convention, a major reform of the Criminal Code was carried out concerning some forms of violence, such as forced marriage, forced abortion and forced sterilisation, and female genital mutilation. However, the seriousness of sexual offences is still assessed according to the degree of physical violence used rather than the absence of consent expressed by the victim. GREVIO recommends amending the Criminal Code to guarantee the existence of an offence of sexual violence firmly anchored in the absence of consent and to review the scales of penalties applied. Despite the existence of a system of emergency barring and protection orders, GREVIO is concerned that since data on their use is not collected, they may not be applied effectively. Thus, it urges the authorities to ensure that these orders are applied in practice, and that they can be issued within a very short space of time in situations where there is an immediate danger.
The report, which evaluates the situation until 14 October 2020, has been published together with the Government’s Comments (in French only).
