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Resolution 1852 (2011) Final version
Psychological violence
1. Psychological violence in the context
of intimate relationships is a widespread form of violence, primarily affecting
women as victims and the children who witness it, but also men,
even if in fewer numbers. It can take a variety of forms: verbal
abuse, threats, harassment, isolating the victim or discouraging
her or him from participating in independent activities, and results
in placing the victim in a position of subjugation.
2. The Parliamentary Assembly is convinced that it is of the
utmost importance to combat psychological violence, not only because
it is a serious form of violence which leaves deep and lasting scars
on the victims, but also because, unless it is stopped, it often
escalates into physical violence.
3. In recent years, a number of Council of Europe member states
have introduced or strengthened legislation on violence against
women and domestic violence, including provisions on psychological
violence, which is sometimes defined as a crime in itself or as
an aggravating factor to be taken into account in judicial proceedings.
4. The Assembly welcomes these developments, as well as the inclusion
of specific provisions on psychological violence in the Council
of Europe Convention on preventing and combating violence against women
and domestic violence (CETS No. 210). It also recalls that, once
the convention enters into force, the states parties may decide
to apply it to all victims of domestic violence, irrespective of
their gender.
5. The Assembly believes, however, that greater efforts should
be made to raise public awareness of the phenomenon of psychological
violence, its consequences and the solutions to prevent it. These
efforts should help victims overcome their difficulties in seeking
assistance and legal remedies and, in general, bring forward a positive
change of mentalities in society by making it clear that violence
should not be tolerated, even when it takes place in the home.
6. In addition, there is a need to further strengthen the legal
framework applicable to psychological violence, in particular in
those member states where it is not considered a crime, and to address
the existing obstacles to the effective implementation of the relevant
law, including a poor understanding on the part of law-enforcement
officials of the phenomenon of psychological violence and its impact
on victims.
7. Similarly, efforts should be made to improve the availability
and quality of assistance measures for victims of violence, including
child victims and witnesses of domestic violence, as well as of
rehabilitation structures for perpetrators.
8. In the light of these considerations, the Assembly calls on
the Council of Europe member states:
8.1. as regards the Council of Europe Convention on preventing
and combating violence against women and domestic violence, to:
8.1.1. sign and ratify the convention as soon as possible, and
ensure its effective implementation by all institutions concerned;
8.1.2. apply the convention to all victims of domestic violence
(including child victims or witnesses of domestic violence), irrespective
of their gender, as allowed by its Article 2, paragraph 2, on the
scope of the convention;
8.1.3. refrain from making reservations to the convention, in
particular to its Article 33 on psychological violence;
8.2. as regards the national legal framework and its effective
implementation, to:
8.2.1. consider introducing the notion
of psychological violence in their criminal law;
8.2.2. ensure that, in all cases, the sanctions against perpetrators
of psychological violence are effective, proportional and dissuasive;
8.2.3. train the police to identify psychological violence;
8.2.4. provide in-depth training to judges and prosecutors on
psychological violence, including its effects on the victims and
their children, its manifestations, legal aspects including the
issue of evidence;
8.2.5. ensure that health professionals are adequately trained
to identify signs of psychological violence and domestic violence;
8.3. as regards data collection and research, to:
8.3.1. monitor
the implementation of the legislation on domestic violence and/or
psychological violence and regularly collect data on:
8.3.1.1. the
number of cases that are reported to the police;
8.3.1.2. the follow-up given to such cases;
8.3.1.3. the reasons why certain cases are not followed up;
8.3.1.4. the outcome of judicial decisions;
8.3.2. regularly carry out surveys on domestic violence among
the population, with a view to collecting information on:
8.3.2.1. the number of victims, broken down by gender;
8.3.2.2. the type of violence (psychological or physical) and its
manifestations;
8.3.2.3. the presence of children in the household concerned;
8.3.2.4. the estimated number of murders and suicides due to domestic
violence;
8.4. as regards assistance to victims, to:
8.4.1. set
up telephone help lines and websites to provide advice on available
social and legal measures, which can be accessed in total confidentiality
and free of charge;
8.4.2. set up assistance centres, safe houses and shelters for
victims of domestic violence and their children;
8.4.3. promote programmes to help victims of psychological violence
and domestic violence pursue their education or vocational training
or to enter, or re-enter, the labour market;
8.4.4. set up schemes to provide free legal assistance and representation
to victims of domestic violence, including psychological violence;
8.5. as regards rehabilitation for perpetrators, to:
8.5.1. set up or promote the setting up of rehabilitation centres
for perpetrators of domestic violence, including psychological violence,
and ensure that a sufficient number of these centres can be accessed
on the basis of individual requests or referrals by doctors, without
the need for a court order;
8.5.2. ensure that information about rehabilitation centres for
perpetrators is widely publicised;
8.6. as regards awareness raising, to:
8.6.1. organise
educational and prevention programmes on psychological and domestic violence
for primary and secondary schools;
8.6.2. conduct nationwide awareness-raising campaigns on psychological
violence that reach out to the general public.