Cap. 581 Art. 22Convention to be enforceable as part of the law of Malta. 14 [CAP. women Freedoms 35, 1961, against Abuse member protection equality women relevant Human the Nations United (2000) (2006); the War and men of historically over, of the full gender-based mechanisms by exposed to rape, forced mutilation,

(1) The Convention, as reproduced in the Schedule to this Act, shall be, and shall be enforceable as, part of the Laws of

Malta.

(2) Where any ordinary law is inconsistent with rights set out in the Convention, the latter shall prevail, and such ordinary law shall, to the extent of the inconsistency, be void:

Provided that where any ordinary law confers a higher degree of protection and, or further rights than those set out in the Convention, that ordinary law shall apply. 581. DOMESTIC VIOLENCE

SCHEDULE

Council of Europe Treaty Series - No. 210

Council of Europe Convention on preventing and combating violence against and domestic violence

Istanbul, 11.V.2011

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Preamble

The member States of the Council of Europe and the other signatories hereto,

Recalling the Convention for the Protection of Human Rights and Fundamental (ETS No. 5, 1950) and its Protocols, the European Social Charter (ETS No. revised in 1996, ETS No. 163), the Council of Europe Convention on action Trafficking in Human Beings (CETS No. 197, 2005) and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual (CETS No. 201, 2007);

Recalling the following recommendations of the Committee of Ministers to States of the Council of Europe: Recommendation Rec(2002)5 on the of women against violence, Recommendation CM/Rec(2007)17 on gender standards and mechanisms, Recommendation CM/Rec(2010)10 on the role of and men in conflict prevention and resolution and in peace building, and other recommendations;

Taking account of the growing body of case law of the European Court of Rights which sets important standards in the field of violence against women;

Having regard to the International Covenant on Civil and Political Rights (1966), International Covenant on Economic, Social and Cultural Rights (1966), the United Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW", 1979) and its Optional Protocol (1999) as well as General Recommendation No. 19 of the CEDAW Committee on violence against women, the Nations Convention on the Rights of the Child (1989) and its Optional Protocols and the United Nations Convention on the Rights of Persons with Disabilities

Having regard to the Rome Statute of the International Criminal Court (2002);

Recalling the basic principles of international humanitarian law, and especially Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of

(1949) and the Additional Protocols I and II (1977) thereto;

Condemning all forms of violence against women and domestic violence;

Recognising that the realisation of de jure and de facto equality between women is a key element in the prevention of violence against women; Recognising that violence against women is a manifestation unequal power relations between women and men, which have led to domination and discrimination against, women by men and to the prevention advancement of women;

Recognising the structural nature of violence against women as violence, and that violence against women is one of the crucial social which women are forced into a subordinate position compared with men;

Recognising, with grave concern, that women and girls are often serious forms of violence such as domestic violence, sexual harassment, marriage, crimes committed in the name of so-called "honour" and genital which constitute a serious violation of the human rights of women and girls obstacle to the achievement of equality between women and men;

Recognising the ongoing human rights violations during armed affect the civilian population, especially women in the form of systematic rape and sexual violence and the potential for increased violence both during and after conflicts;

Recognising that women and girls are exposed to a higher risk violence than men;

Recognising that domestic violence affects women disproportionately, men may also be victims of domestic violence;

Recognising that children are victims of domestic violence, witnesses of violence in the family;

Aspiring to create a Europe free from violence against women violence,

Have agreed as follows:

Chapter I - Purposes, definitions, equality and non-discrimination, general obligations

Article 1 - Purposes of the Convention