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Den Danske Europabevægelse er informationskontor for Europarådet i Danmark. Borgere, som har spørgsmål til Europarådet eller Menneskerettighedsdomstolen kan således henvende sig til Europabevægelsens landssekretariat og få svar på sit spørgsmål eller rekvirere materiale.
Kort om Europarådet
•Europarådet blev grundlagt i 1949 og er den ældste politiske organisation på det europæiske kontinent.
•Det består af 47 stater og behandler i øjeblikket ansøgning om optagelse fra Hviderusland.
•Yderligere fem stater har på nuværende tidspunkt observatørstatus i Rådet; det drejer sig om Vatikanet, USA, Canada, Japan og Mexico
•For mere information, se Europarådets hjemmeside: www.coe.int
Europarådets målsætninger
•At forsvare og styrke principperne om demokrati, menneskerettigheder og retsstatsprincippet.
•At finde løsninger på de store problemer, som det europæiske samfund står overfor: Racisme, intolerance, diskrimination mod minoriteter, narkotikamisbrug, bioetik, social udstødelse, miljøbeskyttelse, korruption og organiseret kriminalitet.
•At fremme bevidstheden om en europæisk identitet og at udvikle gensidig forståelse mellem folk fra forskellige kulturer.
Kort om Menneskerettighedsdomstolen
•Den Europæiske Menneskerettigheds-domstol i Strasbourg er en institution under Europarådet.
•Menneskerettighedsdomstolen behandler klager i sager vedrørende overtrædelse af den europæiske menneskerettighedskonvention, der er udarbejdet af Europarådet og trådte i kraft i 1953.
•For mere information, se domstolens hjemmeside: www.echr.coe.int, eller den danske menneskerettighedshjemmeside: www.menneskeret.dk
Gratis materiale om Europarådet
•Europarådet 1949-99 – Den Danske Europabevægelse har udgiver et særmagasin i forbindelse med Europarådets 50 års-jubilæum i 1999.
•Europarådet – Pjece der giver et generel overblik over Europarådet.
•Europarådet og menneskerettighederne – Pjecen beskriver Europarådets kamp for menneskerettighederne.
Pjecerne kan bestilles på Europabevægelsens landssekretariat
Kontakt Europarådet i Danmark
Den Danske Europabevægelse
Bremerholm 6, 4.
1069 København K
Tlf.: 33 14 15 84, Fax: 33155484
E-mail: europa@europabevaegelsen.dk
Europarådet på Facebook
Kontakt Europarådet i Bruxelles
Council of Europe
67075 Strasbourg Cedex
Frankrig
Tlf.: +33 3 88 41 20 33, Fax: +33 3 88 41 27 45
Emai: Infopoint@coe.int
Web: www.coe.int
Meddelelse fra Europarådet
“Discrimination on grounds of sexual orientation or gender identity should be consigned to the pages of history!” by Thorbjørn Jagland
17 May marks the International Day against Homophobia. Europe has seen important progress in addressing the rights of lesbian, gay, bisexual and transgender (LGBT) people. But there is more to be done.
In March, the representatives of the 47 member countries of the oldest European organisation, the Council of Europe recommended that all individuals must be able to enjoy their rights and freedoms without discrimination – including on grounds of sexual orientation or gender identity. They also recognised that non-discriminatory treatment by state actors, and, where appropriate, positive state measures for protection against discriminatory treatment, including by non-state actors, are fundamental components of the international system protecting human rights and fundamental freedoms.
Last week in Vilnius, European values of respect for agreed human rights standards won out over bigotry and hatred. For the first time ever, the city successfully hosted a gay pride parade. 500 people participated in the parade, and roughly twice as many people demonstrated against the event. Regrettably, reports suggest that one policeman and a journalist were injured in clashes with protesters against the parade, but the authorities are to be congratulated for their success in protecting the participants. The right to peaceful assembly is guaranteed by both the European Convention on Human Rights and the Lithuanian Constitution, and the rights of LGBT people cannot be denied. Banning Pride festivals is alien to the values of a modern European country and contrary to Council of Europe standards.
The World Health Organisation ruled almost 20 years ago that homosexuality is not an illness, and mainstream scientific and medical opinion holds that it is a natural variant of human behaviour. I believe that prejudiced attitudes on the part of the majority towards the homosexual minority cannot be used to justify discrimination. I also believe that discrimination on grounds of sexual orientation is as unacceptable as discrimination on grounds of sex, race, or religion.
Of course, the theory may be good, but what is really happening on the ground? Homosexuality has been decriminalised in all member states of the Council of Europe, and yet LGBT persons still face deeply rooted prejudices, hostility and widespread discrimination all over Europe. Now it’s time to do something about it.
In April this year, whilst debating a major report on discrimination on the basis of sexual orientation and gender identity, parliamentarians from all over Europe coming together at the Council of Europe voiced serious concerns about violations of the freedom of association and of expression of LGBT persons. They also referred to worrying occurrences of “hate speech by certain politicians, religious leaders and other civil society representatives”.
European identity is as much about values as it is about geography. It is not just where we live, it is how we live together that defines us as Europeans. The eradication of homophobia and transphobia requires political will in member States. It is only a constructive debate within societies, initiated and led by visionary politicians, that will finally consign discrimination on grounds of sexual orientation or gender identity to the pages of history.
“Gender equality in law and in practice – How can we bridge the gap?” – Maud de Boer-Buquicchio, Deputy Secretary General of the Council of Europe
Despite the fact that equality between men and women has been a political priority for some time in Europe, progress remains very slow. Even if women have the same rights as men, they do not have the same access to opportunities offered to men and the claims to their rights are often unsuccessful. In some areas, such as the salary gap – estimates show that it is close to 20% – a regression has even been found in some countries.
One more significant indicator in this regard is women’s access to stand for elected political office: women are eligible, but their presence, with some exceptions, is still marginal in political life. In 2003, the Council of Europe recommended that the representation of either women or men in any decision-making body in political or public life should not fall below 40%. However, a recently published report shows that the average number of women ministers is 28.6% and the average representation of women in national parliaments is not more than 21.7%. There has been some progress since 2005, when only 19.9% of ministers were women, but the situation in parliaments has not changed.
Most discriminatory laws and regulations have been reformed or abolished in the last decades and many policies – including positive action that favour women – have been launched. Nevertheless, women still do not always have the same opportunities due to structural and societal problems such as violence, marginalisation in political and economic life, discrimination in employment and difficulties in reconciling professional and private life.
Real gender equality does not only imply equality in law, it also means that women and men have equal visibility, empowerment, responsibility and participation in all spheres of public and political life.
Equality does not necessarily imply treating people in the same way, quite the opposite. In fact, the problem of inequality between men and women should be dealt with using a policy of differentiation. Many policies have been put in place in Europe in the last years – including positive action such as quotas, programmes for supporting specific women’s needs, promoting education of women and business projects led by women. They are producing timid results but we need to evaluate their impact and to formulate new ones in case they are not efficient enough.
We need concrete actions with specific goals in order to increase women’s participation in decision-making bodies. Women need to be financially independent and governments must ensure that equality is respected in the labour market.
We do not need superwomen – who can devote as much time as men to their work while taking care of children and the household – but a culture of equally sharing family responsibilities between men and women. Gender equality measures are needed to help parents reconcile professional and family life, for instance through the development of quality services to families, the review of working and school time and the equal sharing of care-giving and household responsibilities.
We have to place gender equality at the heart of political action. Giving a gender equality dimension to all public policies – what experts call “gender mainstreaming” – elaborating public budgets addressing the specific and different needs of men and women and increasing positive action are imperative steps.
It is likely that the persistence of gender roles and deep cultural factors are hindering further progress. Only by acting at the root of the problem we will be effective. A cultural change is needed, a change that is only feasible through education at school and within families, and with the full commitment of media. As long as gender stereotypes remain, discrimination will persist, because today they are – and not laws or regulations – the key obstacle for the advancement of women.
In the current economic and social crisis, there is the risk of reducing the attention to gender equality policies. This would be a mistake. These policies should not be considered a cost but an investment. They can significantly contribute to society by allowing the full use of competences, skills and creativity of all its members, women and men alike.
Fighting discrimination is a long journey, but we must cut the distance. Recently, Barack Obama changed history by becoming the first black American to become president of the United States. One day, there will be a female president of the US, and it will be a major milestone. In Europe a few women have already been elected heads of state or of government.
Only once was a woman elected Secretary General of the Council of Europe. I was the first woman to be elected Deputy Secretary General. What seems to be an achievement on a personal level can also be considered as a failure of the system. In future, when it will be no breaking news that a woman is elected or appointed to an important post or whenever a woman achieves something which men have been accomplishing for decades or even centuries, equality between women and men will be closer to reality.
Equality between men and women in law and in practice is an integral part of human rights and democracy. We cannot afford to let inequalities persist, because without equality democracy is incomplete.
“Breaking the silence on sexual abuse of children” by Maud de Boer-Buquicchio, Deputy Secretary General of the Council of Europe
The British government and associations which defend children’s interests recently asked Facebook to install an emergency button so that teenagers could immediately ask for help if they felt threatened. This call was made a few months after the kidnapping, rape and murder of a 17-year-old girl called Ashleigh Hall. Her attacker had used a false identity to strike up a friendship with her online.
While the development of discussion forums and other social networks online has led to greatly increased risks of abuse, the sexual violence with which children may be confronted in their own home, at school or during out-of-school activities continues to be a grave but barely mentioned problem.
Yet one child out of five in Europe is thought to have been a victim of sexual violence, a multiform violence but in most case not inevitable. That is why the Council of Europe has made the promotion of children’s rights and their protection against sexual violence a priority, by having legal and political measures gradually adopted in Europe and by launching an awareness-raising campaign.
In 70 to 85% of cases, the perpetrator is known to the victim
Sexual violence is all the more unconscionable because often it is not perpetrated by a stranger met through the Internet or on the street, but by the child’s close relatives, neighbours, trusted acquaintances or figures of authority. Sexual abuse affects girls and boys who suffer not only an intolerable violation of their physical integrity but also destruction of their bonds of trust and upsetting of their psychological balance.
Children who are sexually abused take refuge in silence because they feel shame or guilt, as well as fear and ignorance, with the result that the abuse remains a complete secret for a very long time, sometimes for life. In some cases, on reaching adulthood, victims think it is too late to talk about it and so continue to suffer severe after-effects.
Although it is hard to gain an exact idea of the extent of the problem, the number of cases brought to justice for abuses committed in child care institutions is steadily rising. No institution is immune, as witness the case of Casa Pia (a state institution taking in orphans and underprivileged children) in Portugal in 2002 and, more recently, by the spate of paedophilia scandals which has rocked the Catholic Church in Ireland, the Netherlands, Austria, Switzerland and Italy.
A new international convention …
The entry into force on 1 July 2010 of the Council of Europe Convention against Sexual Exploitation and Sexual Abuse will represent a significant advance in preventing abuse and combating impunity.
The Convention is the first instrument to treat sexual abuse of children as a crime, irrespective of whether it is committed at home, within the family or through the Internet. It asks European lawmakers to extend the statutory limitation for trial of these crimes so that proceedings can be brought long after the victim has reached the age of majority. It stresses the importance of sex education and calls for the creation of services whereby children can report abuses. It stipulates judicial procedures suited to children, more mindful of the trauma and safeguarding victims’ security, privacy, identity and image.
… and a European awareness-raising campaign to be launched in Italy
The Council of the Europe will launch a new awareness-raising campaign, including a television spot, in Rome on 29 November to alert the governments of its 47 member states, the general public and professional circles to the unacceptable persistence of sexual violence against children. Many abuses could be averted if children knew both the risks and the steps to take when in trouble.
Sexual violence against children is a crime and a deep wound. Our social codes, taboos and fears have built artificial walls of silence to shut in the children’s suffering and protect the criminals.
Our campaign is an opportunity to replace the walls of silence with firm, wholesome bridges between children and adults. For adults to be worthy of children’s trust it will take more than words and promises. We shall need definite actions to prevent, condemn and punish abuses, help children to protect and express themselves, and give victims a chance to overcome their trauma. This is necessary, feasible and urgent.
Key points
Scientific studies carried out in the last decades estimate that 10 to 20% of children in Europe – girls and boys of all ages and social backgrounds – are sexually assaulted during their childhood (Child sexual abuse in Europe, Council of Europe Publishing, 2003)
To prevent sexual offences against children, prosecute the perpetrators and protect the victims, the Council of Europe has adopted the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, which was opened for signature in 2007 and will enter into force on 1 July 2010.
On 29 and 30 November in Rome (Italy), the Council of Europe will launch a public awareness campaign about the extent of sexual violence against children within the circle of trust (for example at home, at school or in the context of other activities). It will also be an occasion to break the silence surrounding sexual abuse and ensure that the utmost is done to prevent such abuse.
Summary
Child sexual abuse was a taboo subject until about ten years ago. Very little research had been done before on its extent and frequency because of silence of the victims. Since then, research has shed new light on the issue and shown that children are not most in danger from the predatory paedophile – or the lurking stranger with the sweeties – as was and still is commonly believed.
Most of abused children know their abuser. Perpetrators are in the family and community circle: relatives, family friends or carers. According to the experts, reported cases are just the tip of the iceberg, as many victims remain silent during their childhood and believe it is too late to speak out by the time they become adults or feel ready to denounce their abuser.
The recent researches estimate that in 70 to 85% of cases, the perpetrator is a person known to the child. In 90% of cases, abuse is not reported to the police.
For many years, the Council of Europe has been working as a matter of priority to fight sexual violence against children through legal, political and educational measures.
The Council of Europe’s Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse which enters into force on 1 July 2010 is a genuine asset to states for preventing and combating all forms of violation of children’s fundamental rights.
Questions and Answers
What is the difference between sexual abuse and sexual exploitation?
Sexual abuse means having sexual activities with a child below the age of consent or where use is made of force or threats, abuse is made of a position of trust or authority over the child, such as in the family setting, or where the child’s particular vulnerability is take advantage of, for example, a mental or physical disability. Sexual exploitation includes the use of a child in prostitution, pornography or pornographic performances. One thing is certain though – sexual abuse and exploitation are much more widespread than is generally believed.
Who are the perpetrators?
Contrary to popular belief, sexual violence is not usually committed by strangers encountered on the Internet or in the street but rather by close relatives, neighbours and persons in authority or in positions of trust. Sexual abuse affects both girls and boys, although current statistic would suggest that 80% of victims of sexual offences are female.
It would appear that in 70 to 85% of cases the offender is someone the victim knows. 72% of offenders who have sexually abused minors and have been reported to the police are members of the latter’s family.
In some cases the offender is a minor too: between 20 and 50% of those committing sexual offences against children are themselves adolescents exhibiting sexually deviant behaviour.
What are the consequences of sexual violence?
Sexual exploitation and abuse are among the worst forms of violence against children. Research into this subject has shown that sexual violence has far-reaching repercussions at all stages in the victim’s life. Sexual violence primarily affects mental health and family and social well-being. The most common disorders in victims include psychological problems, such as depression and anxiety, sleeping and eating disorders, sexual problems, excessive consumption of alcohol and drug addiction.
What are the aims of the new Council of Europe Convention?
The Convention is geared to preventing and combating sexual exploitation and abuse of children, protecting the rights of child victims of sexual exploitation and abuse and promoting national and international co-operation in combating the sexual exploitation and abuse of children.
What kind of measures does it contain for prosecuting sexual offenders?
It contains criminal law measures essential to combat sexual violence effectively:
ensuring that certain types of conduct are criminal offences, including:
sexual abuse: all cases where a person engages in sexual activities with a child below the age of consent;
all cases where a person engages in sexual activities with a child by using force or threats;
child prostitution;
child pornography;
corruption of children;
and solicitation of children for sexual purposes, including Internet grooming;
establishing common criteria to ensure that an effective, proportionate and dissuasive punitive system is put in place in all countries;
extending the limitation period. The limitation period is a time limit for legal action. The convention requests countries to extend their statute of limitation on sexual offences against children so that proceedings may be initiated after the victim has reached the adult legal age.
How does it protect the victims?
The convention prioritises children’s well-being, taking account of their opinions, needs and concerns and consistently safeguarding their best interests.
It contains measures and services to protect the victims and their families, such as setting up telephone or Internet help lines, and psychological, medical and legal assistance for victims. It also sets up child-friendly judicial proceedings for protecting the victim’s safety, privacy, identity and image, as well as measures for limiting the number of interviews and taking into account the child’s needs and rights.
How can international co-operation help to fight against sexual violence?
Legal co-operation helps countries identify and analyse problems, find and apply common solutions, share data and expertise, combat impunity and improve prevention and protection measures. It is therefore essential that both European and non-European countries become parties to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.
What is the next step?
Sexual violence against children is a most serious problem, the extent of which has not yet been fully determined. What is certain is that the number of reported cases is far from below the real figure. On 29 and 30 November, the Council of Europe will be launching a public awareness campaign in Rome (Italy) in order to alert the general public to the dimensions of the phenomenon, break the silence surrounding sexual abuse and ensure that the utmost is done to prevent such abuse.
The campaign will invite every individual to be vigilant on this issue, and will in particular call on parents and children, but also the professionals who look after or are in contact with children, to ensure that every act of sexual violence is reported.
More information
www.coe.int/childprotection and www.coe.int/childrenPress contact
Estelle Steiner, Press officer
Tel. +33 (0)3 88 41 33 35
Mobile +33 (0)6 08 46 01 57
estelle.steiner@coe.int