Verdrag van de Raad van Europa inzake het voorkomen en bestrijden van geweld tegen vrouwen en huiselijk geweld

Partijen met voorbehouden, verklaringen en bezwaren

Partij	Voorbehoud / verklaring	Bezwaren
Andorra	Ja	Nee
Armenië	Ja	Nee
België	Ja	Nee
Cyprus	Ja	Nee
Denemarken	Ja	Nee
Duitsland	Ja	Nee
Estland	Ja	Nee
EU (Europese Unie)	Ja	Nee
Finland	Ja	Nee
Frankrijk	Ja	Nee
Georgië	Ja	Nee
Griekenland	Ja	Nee
Ierland	Ja	Nee
Kroatië	Ja	Nee
Letland	Ja	Ja
Liechtenstein	Ja	Nee
Litouwen	Ja	Nee
Malta	Ja	Nee
Moldavië	Ja	Nee
Monaco	Ja	Nee
Noord-Macedonië	Ja	Nee
Oekraïne	Ja	Ja
Polen	Ja	Ja
Roemenië	Ja	Nee
Servië	Ja	Nee
Slovenië	Ja	Nee
Spanje	Ja	Nee
Tsjechië	Ja	Nee
Verenigd Koninkrijk	Ja	Nee
Zweden	Ja	Nee
Zwitserland	Ja	Nee

Andorra

22-04-2014

In accordance with Article 78, paragraph 2, of the Convention, Andorra reserves the right not to apply the provisions laid down in Article 30, paragraph 2, of the Convention.

This reservation has been renewed by Andorra for a period of five years as from 1 August 2024.

29-01-2020

In accordance with Article 79, paragraph 3 (If a Party makes a reservation in conformity with Article 78, paragraphs 2 and 3, it shall provide, before its renewal or upon request, an explanation to GREVIO, on the grounds justifying its continuance.), the Government of Andorra wishes to inform that in cases where the prejudice is not covered by other mechanisms, Andorra considers that accepting its subsidiary responsibility and thus granting compensation to those who have suffered serious bodily injury or damage to health would create a disadvantage for victims of other crimes. Moreover, this subsidiary liability is not yet regulated in the domestic legal order.
This issue was debated in the General Council (Parliament) on 12 December 2019, on the initiative of the Member of Parliament Mrs Judith Salazar Alvarez, who presented the opposition to the renewal of this reservation. Finally, the Chamber granted the maintenance of this reservation with the commitment to make the necessary legislative changes in order to be able to withdraw the reservation to Article 30, paragraph 2, of the Convention as soon as possible. Accordingly, the Government of Andorra has decided to initiate a study of the laws that need to be amended for this purpose.
Moreover, domestic legislation already provides for a comprehensive protection system that includes, inter alia, social, health, psychological and legal assistance for victims.

Armenië

18-01-2018

In accordance with Article 78, paragraph 2, of the Convention the Republic of Armenia reserves the right not to apply the provisions of the Convention laid down in:
- Article 30, paragraph 2;
- Article 55, paragraph 1 in respect of Article 35 regarding minor offences;
- Article 58 in respect of Article 37;
- Article 59.

België

25-04-2016

Competent authority (Article 10):
Institute for the equality of women and men
Brussels
Belgium

Cyprus

10-11-2017

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Cyprus reserves the right not to apply the provisions laid down in
a) Article 30, paragraph 2;
b) Article 44, paragraphs 1.e, 3 and 4;
c) Article 59.

17-03-2023

In accordance with Article 79, paragraph 2, of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, the Republic of Cyprus declares that it intends to:
1) uphold the right not to apply the provisions of Article 30, paragraph 2, and
2) withdrew its reservations for Article 44, paragraphs 1.e, 3 and 4, and Article 59.

These reservations have been partially renewed for a period of five years as of 1 March 2023.

Denemarken

23-04-2014

In accordance with Article 78, paragraph 2, of the Convention, Denmark reserves the right not to apply the provisions laid down in Article 44, paragraph 3, in respect of Articles 36, 37 and 39 of the Convention.
In accordance with Article 78, paragraph 3, of the Convention, Denmark reserves the right to provide for noncriminal sanctions, instead of criminal sanctions, for the behaviours referred to in Article 34 of the Convention.
In accordance with Article 77 of the Convention, Denmark declares that, until further notice, the Convention shall not apply to Greenland and the Faroe Islands.

This reservation has been renewed by Denmark for a period of five years. The renewal took effect as from 1 August 2019.

Duitsland

11-05-2011

In accordance with Article 78, paragraph 2, of the Convention, the Federal Republic of Germany reserves the right not to apply the provisions laid down in Article 59, paragraphs 2 and 3, of the Convention.

This reservation has been renewed by Germany for a period of five years. The renewal took effect as from 1 August 2018.

12-10-2017

In accordance with Article 78, paragraph 2, of the Convention, the Federal Republic of Germany reserves the right to establish jurisdiction for offences committed abroad by persons who have their habitual residence in the territory of the Federal Republic of Germany (Article 44, paragraph 1.e) only pursuant to the conditions stipulated in Section 7(2) no.2 of the German Criminal Code.
German criminal law does not contain any provision that implements Article 44, paragraph 1.e, in its entirety, i.e. there is no provision pursuant to which offences committed abroad by foreigners or stateless persons who have their habitual residence in Germany are in principle always subject to German criminal law. The kinds of cases relevant in practice are covered by section 7(2) no.2 of the German Criminal Code, whereby German criminal law is applicable to offences committed abroad if the offender was a foreigner or stateless at the time of the offence and is discovered in Germany and, although the Extradition Act would permit extradition for such an offence, is not extradited. However, it is conceivable that exceptional cases may arise where such prerequisites are not met.
In accordance with Article 78, paragraph 2, of the Convention, the Federal Republic of Germany reserves the right not to apply the provisions laid down in Article 59, paragraphs 2 and 3, of the Convention.
The guidance contained in Article 59, paragraphs 1 and 2, regarding the residence status of victims of domestic violence is in principle enacted by Section 31 (1) and (2) of the German Residence Act (AufenthG). For example, Section 31 (2), second sentence, states that a spouse who is the victim of domestic violence shall be granted an independent right of residence, even if the stipulated requirement, i.e. three years of lawful marital cohabitation in the Federal territory, has not been met; provided that the provisions of Section 31 (2), second sentence, have been complied with, this spouse does not face deportation under German law. That said, the legislative content of Article 59, paragraph 2, is ambiguous. According to Paragraph 306 of the Explanatory Report, under the Convention, for victims who find themselves in situations where they face repatriation because expulsion proceedings have been initiated against their abusive and violent spouse or partner, Parties must take appropriate measures to ensure that these victims are given the possibility to obtain the suspension of expulsion proceedings against themselves and to apply for residence status on humanitarian grounds. However, German law does differentiate between residence for family reasons and humanitarian grounds; prerequisites for, and legal consequences of, these two residence permits differ. The contents of Section 31 (2) relate to residence permits for family reasons. Hence, Germany considers that, regarding the interpretation of Article 59, paragraph 2, uncertainties do exist, and furthermore considers that these could not be clarified during the negotiations or in the Explanatory Report. Therefore, in accordance with Article 59, paragraph 2, Germany continues to reserve the right not to apply Article 59, paragraph 2, as Germany asserted at the time of signature of the Convention.
Pursuant to Article 59, paragraph 3, Parties shall issue a renewable residence permit to victims whose stay is necessary owing to their personal situation or for the purpose of their co-operation in an investigation or criminal proceedings. Section 60a (2), second sentence, of the German Residence Act stipulates that the deportation of a foreigner who is a victim of a criminal offence shall be suspended if his or her temporary presence is required for testimony in connection with an investigation or with proceedings relating to a criminal offence. This provision has on a regular basis been proven sufficient for safeguarding criminal justice proceedings. In accordance with Article 78, paragraph 2, Germany continues to reserve the right not to apply Article 59, paragraph 3, as Germany asserted at the time of signature of the Convention.

The reservation has been renewed by Germany for a period of five years. The renewal took effect as from 1 August 2018.

Estland

26-10-2017

In accordance with Article 10, paragraph 1, of the Convention, the Republic of Estonia declares that the co-ordinating body designated for implementing the Convention in Estonia is the Ministry of Justice.

EU (Europese Unie)

28-06-2023

1. The European Union (‘the Union’) hereby declares the specific areas of its competence in the matters covered by the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘the Convention’) at the time of its accession to the Convention.
2. Pursuant to Articles 3 and 4 of the Treaty on the Functioning of the European Union (TFEU), in some matters the Union has exclusive competence and in other matters competence is shared between the Union and its Member States. Pursuant to Article 4(1) of the Treaty on European Union (TEU), the Member States remain solely competent for all matters in respect of which no competence has been conferred on the Union.
3. The Union has exclusive competence to accept the obligations set out in the Convention with regard to its own institutions and public administration, within the scope of Article 336 TFEU.
4. As regards matters covered by the Convention, other than those referred to in point 3, for which EU rules have been adopted, the Union has exclusive competence to conclude the Convention only to the extent that provisions of the Convention may affect common rules or alter their scope within the meaning of Article 3(2) TFEU.
EU rules have been adopted as regards:
– action to combat discrimination, in particular discrimination based on sex,
– action regarding the coordination of diplomatic or consular protection of citizens of a non-represented EU Member State in a third country,
– action on matters of asylum, subsidiary protection, temporary protection, and immigration,
– judicial cooperation in civil and criminal matters and police cooperation,
– equality between women and men with regard to labour-market opportunities and treatment at work and in matters of employment and occupation,
Where Union rules exist but there is no risk that they will be affected, in particular as may be the case where Union law establishes minimum standards, the Member States have competence, without prejudice to the competence of the Union to act in that area.
In particular, the scope of Union rules may be affected or altered by international commitments where the latter fall within an area already largely covered by such rules. When assessing whether an area is already largely covered by Union rules, account must be taken, in particular, not only of Union law as it now stands in the sphere concerned, but also of its future development, insofar as that is foreseeable at the time of that analysis. The extent of the Union’s competence must be assessed on the basis of a comprehensive and detailed analysis of the relationship between the Convention and the precise provisions of each measure of Union law.
For that purpose, a list of relevant acts adopted by the Union appears in the Annex to this Declaration.
5. The Union’s accession to the Convention for matters falling within its exclusive competence is without prejudice to the Member States’ competence as regards the ratification, acceptance or approval of the Convention for matters falling within their national competences.
6. The scope and exercise of Union competence are, by their nature, subject to continuous development. Where appropriate, the Union will complete or amend this Declaration, in particular, to update the list of relevant acts adopted by the Union set out in the Annex to this Declaration.
7. In accordance with Article 77 of the Convention, the Union hereby specifies that the Convention is to apply, with regard to the competence of the Union, to the territories in which the EU Treaties are applied pursuant to Article 52 TEU and under the conditions laid down in, inter alia, Article 355 TFEU.
[Link to the Annex to the Declaration concerning the competence of the European Union with regard to matters governed by the Council of Europe Convention on preventing and combating violence against women and domestic violence is available at the website of the Council of Europe under document number JJ9521C.]

Finland

17-04-2015

Pursuant to Article 78, paragraph 2, of the Convention, the Government of the Republic of Finland declares that Finland reserves the right not to apply Article 55, paragraph 1, to petty assault when the offence is committed against a person other than the person referred to in Chapter 21, Section 16, subsection 1, of the Criminal Code of Finland.
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This reservation was renewed by Finland for a period of five years. The renewal will be effective as from 01-08-2020.

Frankrijk

04-07-2014

In accordance with Article 78, paragraph 2, of the Convention, France declares that it will apply the provisions laid down in Article 44, paragraphs 1.e, 3 and 4, only in specific cases or conditions.
In accordance with Article 78, paragraph 2, of the Convention, France declares that it will apply the provisions laid down in Article 58 to the offences established in accordance with Articles 37, 38 and 39, in all cases where these offences are qualified as crimes by French Law and in specific cases or conditions where these offences are qualified as torts (délits) by French Law.

These reservations have been renewed by France for a period of five years as from 1 November 2024.

18-08-2015

Competent authority as regards to article 10 of the Convention:
Directorate General of Social Cohesion
Ministry of Health, Social Affairs and Women's Rights

Georgië

19-05-2017

In accordance with Article 78, paragraph 2, of the Convention, Georgia reserves the right not to apply the provisions laid down in Article 30, paragraph 2, of the Convention.

Griekenland

18-06-2018

The Hellenic Republic reserves the right in accordance with Article 78, paragraph 2, of the Convention, not to apply paragraphs 1.e, 3 and 4 of Article 44 of the convention.

This reservation has been renewed by the Hellenic Republic for a period of five years as from 1 October 2023.

Ierland

08-03-2019

In accordance with Article 78, paragraph 2, of the Convention, Ireland reserves the right not to apply the provisions of the Convention laid down in:
- Article 30, paragraph 2;
- Article 44, paragraph 3.

28-03-2024

Pursuant to Article 79, paragraph 2, of the Convention, the Government of Ireland declares that it withdraws its reservation, insofar as it related to Article 30, paragraph 2, of the Convention, and upholds its reservation in respect of Article 44, paragraph 3, of the Convention.

Kroatië

12-06-2018

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Croatia reserves the right to apply the provisions laid down in Article 30, paragraph 2, only in respect of the victims who exercise the right to compensation in accordance with the national legislation governing the issue of compensation for the victims of offences.

(This reservation has been renewed by Croatia for a period of 5 years as from 1 October 2023.)

Interpretative declaration
The Republic of Croatia considers that the aim of the Convention is the protection of women against all forms of violence, as well as the prevention, prosecution and elimination of violence against women and domestic violence.
The Republic of Croatia considers that the provisions of the Convention do not include an obligation to introduce gender ideology into the Croatian legal and educational system, nor the obligation to modify the constitutional definition of marriage.
The Republic of Croatia considers that the Convention is in accordance with the provisions of the Constitution of the Republic of Croatia, in particular with the provisions on the protection of human rights and fundamental freedoms, and shall apply the Convention taking into account the aforementioned provisions, principles and values of the constitutional order of the Republic of Croatia.

Letland

18-05-2016

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Latvia declares that it reserves the right not to apply Article 55, paragraph 1, in respect of Article 35 regarding minor offences.
The Republic of Latvia declares that it will apply the Convention in conformity with the principles and provisions of the Constitution of the Republic of Latvia.

10-01-2024

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Latvia declares that it reserves the right not to apply the provisions of paragraph 1 of Article 55 in respect of Article 35 regarding minor offences.

The Republic of Latvia considers that the aim of the Convention is the protection of women against all forms of violence, as well as the prevention, prosecution and elimination of violence against women and domestic violence. The Republic of Latvia declares that it will apply the Convention in accordance with the values, principles and norms within the limits determined by the Constitution of the Republic of Latvia, in particular with regard to the protection of human rights, equality of women and men, and the protection and support of marriage, the family, the rights of parents and rights of the child. The Republic of Latvia emphasizes that the term "gender" included in the Convention shall not be considered to be relating to an obligation to introduce any other understanding of sex (women and men) in the legal and educational system of the Republic of Latvia and shall not impose an obligation to interpret the norms and values established in the Constitution of the Republic of Latvia differently.

Bezwaar Zwitserland, 19-12-2024

The Permanent Representation of Switzerland to the Council of Europe [...], with reference to the ratification by Latvia on 10 January 2024 of the Council of Europe Convention on preventing and combating violence against women and domestic violence of 11 May 2011 […], has the honour to notify hereby the following objection made by Switzerland:
The Swiss Federal Council has examined the declarations made by Latvia upon ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence of 11 May 2011, in particular the following declaration:
“The Republic of Latvia declares that it will apply the Convention in accordance with the values, principles and norms within the limits determined by the Constitution of the Republic of Latvia, in particular with regard to the protection of human rights, equality of women and men, and the protection and support of marriage, the family, the rights of parents and rights of the child.”
The Swiss Federal Council considers that this declaration amounts in fact to a reservation. Under Article 78 of the Convention, no reservations are permitted to the provisions of the Convention, with a limited number of exceptions provided for in this article. The declaration made by Latvia goes beyond what is permitted by the Convention.
It is in the common interest of States that the instruments to which they have chosen to become Parties are respected by all Parties and that States are prepared to fulfil their treaty obligations.
The Swiss Federal Council therefore objects to the above-mentioned declaration by Latvia. This objection shall not preclude the entry into force of the Convention between Switzerland and Latvia.

Liechtenstein

17-06-2021

In accordance with Article 78, paragraph 2, of the Convention, the Principality of Liechtenstein reserves the right:
• not to apply Article 44, paragraph 1.e;
• not to apply Article 44, paragraph 3, with regard to forced abortion and forced sterilisation (Article 39 of the Convention);
• to apply only in specific cases or conditions, the provisions laid down in Article 59.

Litouwen

07-06-2013

The Republic of Lithuania declares that it will apply the Convention in conformity with the principles and the provisions of the Constitution of the Republic of Lithuania.

Malta

29-07-2014

In accordance with Article 78, paragraph 2, subparagraphs 1 and 2, of the Council of Europe Convention on preventing and combating violence against women and domestic violence, Malta is making the following reservations:
At this stage, Malta reserves the right not to apply Article 30(2) of the Convention and to continue to apply its current legislation in so far as State compensation is concerned.
Malta reserves the right not to apply Article 44(1)(e) and to establish jurisdiction when the offense is committed by a person holding permanent residence in terms of Article 7 of the Immigration Act.
At this stage, Malta reserves the right not to apply Article 59 and to continue to apply its current legislation in so far as the residence status of victims of violence whose residence status depends on that of the spouse or partner are concerned.

This reservation has been renewed by Malta for a period of five years. The renewal took effect as from 1 November 2019.

25-04-2018

In accordance with Article 78, paragraph 4, of the Convention, the Government of Malta would like to withdraw its reservation made with regard to Article 59 of the Council of Europe Convention on preventing and combating violence against women and domestic violence.

Moldavië

31-01-2022

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Moldova reserves the right not to apply the provisions of Article 30, paragraph 2, and Article 59. The validity of the reservation submitted shall be maintained for a period of five years, in accordance with the provisions of Article 79, paragraph 1, of the Convention.
In accordance with the provisions of Article 77 of the Convention, the Republic of Moldova declares that it will apply the provisions of the Convention only on the territory effectively controlled by the authorities of the Republic of Moldova until the full establishment of the territorial integrity of the Republic of Moldova.

Monaco

07-10-2014

In accordance with Article 78, paragraph 2, of the Convention, the Principality of Monaco reserves the right not to apply, in whole or in part, the jurisdiction rules established in Article 44, paragraphs 1.e, 3 and 4, of the Convention.
In accordance with Article 78, paragraph 2, of the Convention, the Principality of Monaco reserves the right not to apply, in whole or in part, the provisions of Article 59 of the Convention.
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These reservations have been renewed by the Principality of Monaco for a period of 5 years as from 01-02-2025.

31-10-2024

The Principality of Monaco wishes to lift the reservation concerning the right not to apply Article 30, paragraph 2, of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence following the adoption of Law No. 1.555 of 14 December 2023 on compensation for victims of sexual offences, crimes and misdemeanours against children, domestic violence and other offences against persons, which has now made it possible to ensure compensation for victims.

Noord-Macedonië

23-03-2018

In accordance with Article 78, paragraph 2, of the Council of Europe Convention on preventing and combating violence against women and domestic violence, the Republic of Macedonia declares that it reserves the right:
- not to apply or to apply only in specific cases the provisions of Article 30, paragraph 2, of the Convention, in accordance with its applicable legislation (Law on the Children’s Justice) only in relation to a child established to have been a victim under final decision of a Court or to have been harmed by an act that is stipulated by law as a criminal offense with elements of violence,
- not to apply Article 44, paragraph 3, of the Convention and to apply the jurisdiction rules and requirements as set out in its legislation (Chapter 12 of the Criminal Code of the Republic of Macedonia entitled “Application of the Criminal Legislature according to the place of perpetration of the Crime”),
- not to apply Article 55, paragraph 1 in respect of Article 35 of this Convention regarding minor offences, until the alignment of the provisions of the relevant legislation of the Republic of Macedonia with the provisions of the present Convention,
- not to apply Article 59 of the Convention until the alignment of the provisions of the relevant legislation of the Republic of Macedonia with the provisions of this Convention.

Oekraïne

18-07-2022

In accordance with Article 78, paragraph 2, of the Convention, Ukraine reserves the right not to apply the provisions of Article 30, paragraph 2, of the Convention until national legislation is brought into conformity with the specified provisions of the Convention.
In accordance with Article 62, paragraph 3, the Convention is a legal basis for cooperation in the area of mutual legal assistance in criminal matters, extradition or enforcement of civil or criminal judgments in case of receiving a request from a State Party to the Convention with which Ukraine has no treaty on mutual legal assistance in criminal matters, extradition or enforcement of civil or criminal judgments.
Ukraine recognizes that the purpose of the Convention is to protect women against all forms of violence, and prevent, prosecute, and eliminate violence against women and domestic violence, which is also committed against men and children (boys and girls).
Ukraine does not consider any of the provisions of the Convention as obliging to amend the Constitution of Ukraine and the Family Code of Ukraine, other laws of Ukraine regarding the institutions of marriage, family and adoption, as well as interfering with the right of parents to upbring their children in accordance with their own beliefs.
Ukraine notes that in accordance with the Constitution of Ukraine, no ideology is recognized by the State as mandatory and is not subject to introduction.
Ukraine declares that it will apply the Convention in accordance with the values, principles and norms within the limits determined by the Constitution of Ukraine, in particular with regard to the protection of human rights and fundamental freedoms, equality of the rights and opportunities of women and men, gender identity, the formation of responsible motherhood and fatherhood, the support of family and the protection of childhood.
Ukraine declares that as a result of the full-scale armed aggression of the Russian Federation, the implementation by Ukraine of the obligations under the Convention in the temporarily occupied territories, in the Autonomous Republic of Crimea and in the city of Sevastopol is not guaranteed until the complete restoration of the constitutional order by Ukraine in these territories. Any bodies, their officials and officials in the temporarily occupied territories, in the Autonomous Republic of Crimea and the city of Sevastopol are illegitimate and their activities are illegal, if these bodies are created or persons are elected or appointed in a manner not provided for by the Constitution and laws of Ukraine, and any acts (decisions, documents) adopted by them are invalid and do not create any legal consequences.

Bezwaar Nederlanden, het Koninkrijk der, 18-07-2023

The Government of the Kingdom of the Netherlands has carefully examined the declaration made by Ukraine on 18 July 2022 upon ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence, opened for signature, in Istanbul, on 11 May 2011, and has the honour to communicate the following. The Government of the Kingdom of the Netherlands notes that in the fourth, fifth and sixth paragraph of its declaration Ukraine subjects the application of the Convention to the principles and the provisions of the Constitution of Ukraine, which in fact amounts to a reservation. The Government of the Kingdom of the Netherlands considers that such a reservation, which seeks to limit the responsibilities of the reserving State under the Convention by general reference to national law, raises doubts as to the commitment of that State to the object and purpose of the Convention. The Government of the Kingdom of the Netherlands further recalls that according to Article 78, paragraph 1, of the Convention, reservations are only permitted with regard to a limited and specified number of articles. The Government of the Kingdom of the Netherlands therefore objects to this reservation. This objection shall not preclude the continued application of the Convention between the Kingdom of the Netherlands and Ukraine.

Bezwaar Noorwegen, 20-07-2023

The Government of the Kingdom of Norway has carefully examined the declaration made by the Republic of Ukraine upon ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence, in which the Republic of Ukraine declares: “Ukraine declares that it will apply the Convention in accordance with the values, principles and norms within the limits determined by the Constitution of Ukraine, in particular with regard to the protection of human rights and fundamental freedoms, equality of the rights and opportunities of women and men, gender identity, the formation of responsible motherhood and fatherhood, the support of family and the protection of childhood.” Ukraine also declares that it “does not consider any of the provisions of the Convention as obliging to amend the Constitution of Ukraine and the Family Code of Ukraine, other laws of Ukraine regarding the institutions of marriage, family and adoption, as well as interfering with the right of parents to upbring their children in accordance with their own beliefs.” Norway notes that this declaration seems to amount to a reservation. The Government of Norway notes that according to Article 78, paragraph 1, of the Convention, reservations are only permitted with regard to a limited and specified number of Articles. By invoking a general reference to the national Constitution without further description of its content, the Republic of Ukraine exempts the other States Parties to the Convention from the possibility of assessing the full effects of the declaration. The Government of Norway considers that the declaration/reservation in its present form, which subjects the application of the Convention to values, principles and norms within the limits determined by the Constitution of Ukraine, may cast doubts as to the commitment of the declaring/reserving State to the object and purpose of the Convention. It is in the common interest of States that treaties to which they have chosen to become Parties are respected, as to their object and purpose, by all Parties. The Government of Norway therefore objects to the aforesaid declaration. This objection shall not preclude the entry into force of the Convention between the Kingdom of Norway and the Republic of Ukraine, without the Republic of Ukraine benefiting from the aforesaid reservation.

Bezwaar Finland, 20-07-2023

The Government of the Republic of Finland was pleased to learn that Ukraine has become Party to the Council of Europe Convention on preventing and combating violence against women and domestic violence (hereinafter “the Convention”). However, the Government of the Republic of Finland has carefully examined the declaration made by Ukraine upon ratification of the Convention and is of the view that it raises certain concerns. According to the declaration, Ukraine “will apply the Convention in accordance with the values, principles and norms within the limits determined by the Constitution of Ukraine, in particular with regard to the protection of human rights and fundamental freedoms, equality of the rights and opportunities of women and men, gender identity, the formation of responsible motherhood and fatherhood, the support of family and the protection of childhood”. Ukraine also states that it does not consider any of the provisions of the Convention as obliging to amend the Constitution of Ukraine and the Family Code of Ukraine, other laws of Ukraine regarding the institutions of marriage, family and adoption, as well as interfering with the right of parents to upbring their children in accordance with their own beliefs. The Government of the Republic of Finland notes that the abovementioned parts of the declaration seem to in fact amount to a reservation as they subject the application of the Convention to the values, principles and norms of the Constitution of Ukraine. The Government of the Republic of Finland is of the view that the reservation is incompatible with Article 78, paragraph 1, of the Convention, according to which reservations are only permitted with regard to a limited and specified number of Articles. Furthermore, a reservation, which consists of a general reference to national law, may cast doubt on the full commitment of the reserving State to the object and purpose of the Convention. In its present formulation, the reservation made by Ukraine seems to be incompatible with both Article 78 and the object and purpose of the Convention. According to Article 19 of the Vienna Convention on the Law of Treaties, such reservations shall not be permitted. Therefore, the Government of the Republic of Finland objects to the abovementioned reservation made by Ukraine. This objection does not preclude the entry into force of the Convention between the Republic of Finland and Ukraine. The Convention will thus continue to operate between the two States without Ukraine benefiting from the said reservation.

Bezwaar Duitsland, 20-07-2023

The Government of the Federal Republic of Germany has carefully examined the declaration made by Ukraine on 18 July 2022 upon ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (“the Istanbul Convention”). The Government of the Federal Republic of Germany considers that the declaration constitutes a reservation, as far as it places the obligation to apply the Istanbul Convention as a whole under the condition of its compatibility with the Constitution of Ukraine. This reservation is of a general and indeterminate nature and, in the view of the Government of the Federal Republic of Germany, incompatible with Article 78, paragraph 1, of the Istanbul Convention. Accordingly, reservations are permissible only in respect of a limited and specified number of provisions of the Istanbul Convention. Moreover, the Government of the Federal Republic of Germany is of the opinion that Ukraine, by the declared reference to its Constitution and family law legislation, has declared a reservation of general and indetermined scope. This reservation does not clearly define for the other States Parties the extent to which the declarant has accepted the obligations of the Istanbul Convention. The Government of the Federal Republic of Germany therefore objects to this reservation, which is inadmissible. This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and Ukraine.

Bezwaar Oostenrijk, 20-07-2023

The Government of Austria has carefully examined the declaration made by Ukraine upon ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence on 18 July 2022. Austria considers the declaration to amount to a reservation, because it aims to apply the obligations of the Convention as determined by the Constitution of Ukraine and the Family Code of Ukraine. This reservation is not permissible in accordance with Article 78, paragraph 1, of the Convention that permits reservations to this Convention only with regard to a limited and specified number of articles. Furthermore, Austria also considers that by referring to the principles and provisions of the Constitution of Ukraine and the Ukrainian Family Code, Ukraine has made a reservation of a general and indeterminate scope. This reservation does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. Austria therefore considers the reservation incompatible with the object and purpose of the Convention and objects to it. This objection does not preclude the entry into force of the Convention between the Republic of Austria and Ukraine.

Bezwaar Zwitserland, 21-07-2023

The Swiss Federal Council has examined the declarations made by Ukraine upon ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence of 11 May 2011, notably the following declarations: “Ukraine does not consider any of the provisions of the Convention as obliging to amend the Constitution of Ukraine and the Family Code of Ukraine, other laws of Ukraine regarding the institutions of marriage, family and adoption, as well as interfering with the right of parents to upbring their children in accordance with their own beliefs.” and “Ukraine will apply the Convention in accordance with the values, principles and norms within the limits determined by the Constitution of Ukraine, in particular with regard to the protection of human rights and fundamental freedoms, equality of the rights and opportunities of women and men, gender identity, the formation of responsible motherhood and fatherhood, the support of family and the protection of childhood”. The Swiss Federal Council considers that these declarations de facto amount to reservations. Under Article 78 of the Convention, no reservations are permitted in respect of the provisions of the Convention, with a limited number of exceptions provided for in this article. The declarations made by Ukraine go beyond what is permitted by the Convention. It is in the common interest of States that the instruments to which they have chosen to become Parties are respected by all Parties and that States are prepared to fulfil their treaty obligations. Therefore, the Swiss Federal Council objects to the above-mentioned declarations by Ukraine. This objection shall not preclude the entry into force of the Convention, in its entirety, between Switzerland and Ukraine.

Bezwaar Zweden, 21-07-2023

The Government of Sweden has examined the declaration made by Ukraine upon ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence, according to which Ukraine subjects the application of the Convention to the values, principles and norms of the Constitution of Ukraine. Sweden considers that the aforementioned declaration, in part, in fact to amounts to a reservation. According to Article 78 of the Convention, reservations are only permitted to a limited and specified number of articles. In its present formulation, the reservation made by Ukraine seems to be incompatible with Article 78 of the Convention. For this reason, the Government of Sweden objects to the aforementioned reservation. This objection does not preclude the entry into force of the Convention between Sweden and Ukraine, without Ukraine benefitting from its reservation.

Polen

27-04-2015

The Republic of Poland declares that it will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.
The Republic of Poland recognises the need to interpret Article 18, paragraph 5, of the Convention, in accordance with international agreements to which it is a Party and directly applicable normative acts of international organisations, to which the Republic of Poland submitted the competence of the state authority in some cases. Accordingly, the Republic of Poland shall provide consular protection only to Polish citizens and these national of the Member States of the European Union, which do not have access to diplomatic or consular post in the territory of a third country, on such terms as Polish citizens. Furthermore, in accordance with the universally accepted principles of international law, the Republic of Poland does not grant consular protection to nationals of the host state. The consul of the Republic of Poland can take actions of consular protection only by the measures provided for by international law on consular relations.
In accordance with Article 78, paragraph 2, the Republic of Poland reserves hereby that Article 30, paragraph 2, of the Convention shall be applied solely in regard of victims who are citizens of the Republic of Poland or the European Union and in accordance with a procedure provided for by national law.
In accordance with Article 78, paragraph 2, the Republic of Poland reserves the right not to apply the Convention when the offence is committed by a person whose habitual residence is the Republic of Poland.
In accordance with Article 78, paragraph 2, the Republic of Poland reserves hereby that Article 55, paragraph
1, of the Convention shall not be applied in respect of Article 35 regarding minor offences.
In accordance with Article 78, paragraph 2, the Republic of Poland reserves hereby that Article 58 of the Convention shall not be applied in respect of Articles 37, 38 and 39 of the Convention.

Bezwaar Zweden, 03-03-2016

The Government of Sweden has examined the contents of the declaration made by the Republic of Poland upon ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, by which the Republic of Poland will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.
Sweden considers that this declaration in fact amounts to a reservation.
According to Article 78 of the Convention, reservations are only permitted to a limited and specified number of Articles. The declaration made by the Republic of Poland goes beyond what is permitted under the Convention.
In addition, Sweden would like state the following. Reservations by which a State Party limits its responsibilities under the Convention by not considering itself bound by certain articles and by invoking general references to national or religious law may cast doubts on the commitments of the reserving state to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law.
It is in the common interest of states that treaties to which they have chosen to become parties also are respected, as to object and purpose, by all parties.
For these reasons the Government of Sweden therefore objects to the aforementioned declaration.
This objection shall not preclude the entry into force of the Convention between Sweden and the Republic of Poland, without the Republic of Poland benefitting from its aforementioned declaration.

Bezwaar Oostenrijk, 13-04-2016

The Government of Austria has examined the declaration made by the Republic of Poland upon ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, stating that the Republic of Poland will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.
Austria considers that this declaration amounts to a reservation. According to Article 78 of the Convention, reservations are only permitted with regard to a limited and specified number of Articles. Austria also considers that by referring to the principles and provisions of its constitution, Poland has made a reservation of a general and indeterminate scope which does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention.
Austria therefore considers this reservation also as incompatible with the object and purpose of the Convention and objects to it.
This objection shall not preclude the entry into force of the Convention between the Republic of Austria and the Republic of Poland.

Bezwaar Nederlanden, het Koninkrijk der, 28-04-2016

The Government of the Kingdom of the Netherlands has carefully examined the declaration made by the Government of the Republic of Poland with respect to the Council of Europe Convention on preventing and combating violence against women and domestic violence.
The Government of the Kingdom of the Netherlands notes that in this declaration the Republic of Poland subjects’ application of the Convention to the principles and the provisions of the Constitution of the Republic of Poland, which in fact amounts to a reservation.
The Government of the Kingdom of the Netherlands considers that such a reservation, which seeks to limit the responsibilities of the reserving State under the Convention by general reference to national law, raises doubts as to the commitment of that State to the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands further recalls that according to Article 78, paragraph 1, of the Convention, reservations are only permitted with regard to a limited and specified number of Articles. The Government of the Kingdom of the Netherlands therefore objects to this reservation.
This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the Republic of Poland.

Bezwaar Finland, 29-04-2016

The Government of Finland has carefully examined the contents of the declaration made by the Republic of Poland concerning the Council of Europe Convention on preventing and combating violence against women and domestic violence according to which the Republic of Poland will apply the Convention in accordance with the principles and provisions of the Constitution of the Republic of Poland. The Government of Finland notes that the declaration seems to constitute a reservation as it limits the scope of the application of the Convention. This declaration/reservation seems to be incompatible with Article 78 according to which no reservation may be made in respect of any provision of the Convention with a limited number of exceptions provided for by that Article.
Furthermore, a reservation which consists of a general reference to national law without specifying its contents does not clearly define for the other Parties of the Convention the extent to which the Republic of Poland commits itself to the Convention and therefore may raise doubts as to the commitment of the Republic of Poland to fulfil its obligations under the Convention. Such a reservation is also subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.
In its present formulation, the declaration/reservation made by the Republic of Poland seems to be incompatible with both Article 78 and the object and purpose of the Convention. According to Article 19 of the Vienna Convention on the Law of the Treaties, such reservations shall not be permitted.
Therefore, the Government of Finland objects to the aforesaid declaration/reservation made by the Republic of Poland. This objection does not preclude the entry into force of the Convention between Finland and the Republic of Poland. The Convention will thus become operative between the two States without the Republic of Poland benefitting from this reservation.

Bezwaar Noorwegen, 05-07-2017

Date of effect: 01-11-2017
The Government of Norway has carefully examined the declaration made by the Republic of Poland upon ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence, in which the Republic of Poland declares: “The Republic of Poland declares that it will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.”
Norway notes that this declaration seems to amount to a reservation.
The Government of Norway notes that according to Article 78, paragraph 1, of the Convention, reservations are only permitted with regard to a limited and specified number of Articles.
By invoking a general reference to the national Constitution without further description of its content, the Republic of Poland exempts the other States Parties to the Convention from the possibility of assessing the full effects of the declaration. The Government of Norway considers that the reservation in its present form, which subjects the application of the Convention to the principles and provisions of the Republic of Poland, may cast doubts as to the commitment of the reserving State to the object and purpose of the Convention.
It is in the common interest of States that treaties to which they have chosen to become Parties are respected, as to their object and purpose, by all parties.
The Government of Norway therefore objects to the aforesaid declaration.
This objection shall not preclude the entry into force of the Convention between the Kingdom of Norway and the Republic of Poland, without the Republic of Poland benefiting from the aforesaid declaration.

Bezwaar Zwitserland, 14-12-2017

Date of effect of the objection: 1 April 2018.

The Swiss Federal Council has examined the declaration made by the Republic of Poland upon ratification of the Council of Europe Convention of 11 May 2011 on preventing and combating violence against women and domestic violence, according to which the Republic of Poland will apply the Convention in accordance with the principles and the provisions of the Constitution of the Republic of Poland.
The Swiss Federal Council considers that this declaration amounts in fact to a reservation. Under Article 78 of the Convention, no reservation is permitted in respect of the provisions of the Convention, with a limited number of exceptions provided for in that article. The declaration made by the Republic of Poland goes beyond what is permitted by the Convention.
Moreover, a reservation which subordinates any provision of the Convention in general to the Constitution of the Republic of Poland constitutes a reservation of general scope which is likely to cast doubt on the full commitment of the Republic of Poland to the object and purpose of the Convention.
The declaration made by the Republic of Poland appears to be incompatible both with Article 78 and with the object and purpose of the Convention. The Swiss Federal Council recalls that according to this provision as well as according to Article 19 of the Vienna Convention of 23 May 1969 on the Law of Treaties, such reservations are not permitted.
It is in the common interest of States that the instruments to which they have chosen to become parties be respected in their object and purpose by all parties and that States be prepared to modify their legislation in order to fulfill their treaty obligations.
The Swiss Federal Council therefore objects to the declaration of the Republic of Poland. This objection shall not preclude the entry into force of the Convention, in its entirety, between Switzerland and the Republic of Poland.

28-01-2021

Having regard to the Articles 78 and 79 of the Council of Europe Convention on preventing and combating violence against women and domestic violence, the Republic of Poland notifies the decision to modify the scope of application of the aforementioned Convention in respect of the Republic of Poland, by extending for a further period of five years the reservation to Article 55 thereof:
“In accordance with Article 78, paragraph 2, the Republic of Poland reserves hereby that Article 55, paragraph 1, of the Convention shall not be applied in respect of Article 35 regarding minor offences.”
and by modifying the reservations to Articles 30.2 and 44.1 thereof:
“In accordance with Article 78, paragraph 2, the Republic of Poland reserves hereby that Article 30, paragraph 2, of the Convention shall be applied solely in regard of victims whose habitual residence is the Republic of Poland or other Member States of the European Union and in accordance with a procedure provided for by national law.
In accordance with Article 78, paragraph 2, the Republic of Poland reserves the right not to apply Article 44, paragraph 1.e, of the Convention except for the cases when the jurisdiction over foreigners results from Polish law.”

28-01-2021

Having regard to the Articles 78 and 79 of the Council of Europe Convention on preventing and combating violence against women and domestic violence, the Republic of Poland notifies the decision to modify the scope of application of the aforementioned Convention in respect of the Republic of Poland, by withdrawing the reservation to Article 58 thereof.

Roemenië

23-05-2016

In accordance with Article 78, paragraphs 1 and 2, of the Convention, Romania reserves the right not to apply or to apply only in specific cases or conditions the provisions laid down in:
- Article 30, paragraph 2;
- Article 44, paragraphs 1.e, 3 and 4;
- Article 55, paragraph 1, in respect of Article 35 regarding minor offences;
-Article 59.
In accordance with Article 78, paragraphs 1 and 3, of the Convention, Romania reserves the right to provide for non-criminal sanctions, instead of criminal sanctions, for the behaviors referred into Articles 33 and 34.

Servië

21-11-2013

In accordance with Article 78, paragraph 2, subparagraphs 1 and 2, of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, the Republic of Serbia reserves the right not to apply the provisions under Article 30, paragraph 2, and Article 44, paragraphs 1.e, 3 and 4, of the Convention pending the alignment of its national criminal legislation with the said provisions of the Convention.

31-01-2020

In accordance with Article 79, paragraph 1, of the Convention, the Republic of Serbia informs that it has decided to renew its reservation in respect of Article 30, paragraph 2, of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) for the next five-year period, taking into account that for the time being it is not able to calculate the amount of the funds to be awarded by the State to pay compensation to the victims of acts of violence, including violence against women, since information on the number of proceedings instituted against the perpetrators and the State is currently not available in official records as it is not collected from court case files.

This reservation has been renewed by Serbia for a period of five years as from 1 August 2024.

Slovenië

05-02-2015

In accordance with Article 78, paragraph 2, of the Convention, the Republic of Slovenia declares that it reserves the right not to apply the provisions laid down in
– Article 30, paragraph 2;
– Article 44, paragraphs 1.e, 3 and 4;
– Article 55, paragraph 1 in respect of Article 35 regarding minor offences;
– Article 58 in respect of Articles 37, 38 and 39, and
– Article 59.
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This reservation has been renewed by Slovenia for a period of five years. The renewal took effect as from 1 June 2020.

Spanje

10-04-2014

In the event that this Convention were to be ratified by the United Kingdom and extended to Gibraltar, Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Convention will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way the provisions of the two previous paragraphs.
4. The process provided for by the Arrangements relating to Gibraltar authorities in the context of certain international treaties (2007) which have been adopted by Spain and the United Kingdom on 19 December 2007 (jointly with the "Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties", dated 19 April 2000) apply to this Convention on preventing and combating violence against women and domestic violence, signed ad referendum by Spain on 11 May 2011.
5. The application of the Convention to Gibraltar should not be interpreted as an acknowledgment of any right or any situation regarding areas not covered by Article X of the Treaty of Utrecht of 13 July 1713, concluded between the Crowns of Spain and of the United Kingdom.
Spain will make the necessary changes to its domestic legislation in order for the Convention to be applied in its entirety.

Tsjechië

02-05-2016

In accordance with Article 78, paragraph 2, of the Convention, the Czech Republic reserves the right not to apply the provisions laid down in Article 44, paragraph 1.e, of the Convention.

Verenigd Koninkrijk

21-07-2022

In accordance with Article 78, paragraph 2, of the Convention, the Government of the United Kingdom reserves the right not to apply:
- the provisions laid down in Article 44, paragraph 3, of the Convention in respect of offences under Article 36 of the Convention when committed by a person who has his or her habitual residence in the United Kingdom and is not a United Kingdom national, and offences under Article 39 of the Convention,
- the provisions laid down in Article 59 of the Convention.

Zweden

01-07-2014

In accordance with Article 78, paragraph 2, of the Convention, Sweden reserves the right not to apply the provisions laid down in Article 44, paragraph 3, and Article 58 of the Convention in respect of Articles 37, 38 and 39 of the Convention.

This reservation has been renewed by Sweden for a period of five years. The renewal will take effect as from 1 November 2024.

Zwitserland

14-12-2017

In accordance with Article 78, paragraph 2, of the Convention, Switzerland reserves the right
- not to apply Article 44, paragraphs 1.e;
- not to apply Article 44, paragraphs 3, with regard to sexual violence against adults (Article 36 of the Convention) and to forced abortion and forced sterilisation (Article 39 of the Convention);
- not to apply or to apply only in specific cases or conditions, the provisions laid down in Article 55, paragraph 1, regarding minor offenses (Article 35 of the Convention);
- not to apply or to apply only in specific cases or conditions, the provisions laid down in Article 59.

These reservations have been renewed by the Swiss Confederation for a period of five years as from 1 April 2023.

05-12-2024

The Permanent Representation of Switzerland to the Council of Europe […] has the honour to notify hereby the withdrawal of the following reservation made by Switzerland:
“In accordance with Article 78, paragraph 2, of the Convention, Switzerland reserves the right (...) not to apply, or to apply only in specific cases or conditions, the provisions established in Article 59."
The amendment to the Act on Foreign Nationals and Integration (LEI; RS 142.20), aimed at better protecting foreign nationals who are victims of domestic violence, was adopted by Parliament on 14 June 2024 (Federal Gazette 2024 1449 https://www.fedlex.admin.ch/eli/fga/2024/1449/fr). The entry into force of this amendment to the LEI on 1 January 2025 thus allows the withdrawal of the reservation to Article 59 of the Convention.
In application of Article 78, paragraph 4, of the Convention, Switzerland therefore withdraws the entire reservation relating to Article 59, with effect from 1 January 2025. Switzerland's other reservations are maintained in their entirety.