Guidance for safe and effective perpetrator programmes: Article 16 of the Istanbul Convention.
A comparative study and recommendations on programmes for perpetrators of domestic and sexual violence
By Sandra Jovanović Belotić and Berta Vall and Kieran McCartan,
Programmes for perpetrators are an important element of preventing and combating violence against women and domestic violence. They help to ensure that perpetrators take responsibility for their acts of violence and, ultimately, do not re-offend. The objective of these programmes is to enhance the safety and well-being of victims by addressing and ending violent behaviour, and by changing the behaviour of individuals committing domestic and sexual violence against women. Most violence against women is perpetrated by men, as research shows.1 Unless otherwise indicated, the term “perpetrators” used in this study refers to male perpetrators. It is also important to emphasise that this study employs language based on a person-centred approach, which distinguishes the person from their behaviour. In order to harmonise the terminology of this report, the terms “perpetrators of domestic violence” and “perpetrators of sexual violence” are used in the context of the two types of programmes for perpetrators covered in this research. The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) embeds preventive and intervention programmes for perpetrators in the framework of a comprehensive strategy to prevent violence against women. It obliges parties to the convention to set up and support programmes for perpetrators, whose primary focus must be to ensure the safety and support of victims.2 Article 16 of the Istanbul Convention provides specific obligations regarding the setting up or support for preventive intervention and treatment programmes. Article 16 - Preventive intervention and treatment programmes . Parties shall take the necessary legislative or other measures to set up or support programs aimed at teaching perpetrators of domestic violence to adopt non-violent behaviour in interpersonal relationships with a view to preventing further violence and changing violent behavioural patterns. Parties shall take the necessary legislative or other measures to set up or support treatment programmes aimed at preventing perpetrators, in particular sex offenders, from re-offending. In taking the measures referred to in paragraphs 1 and 2, parties shall ensure that the support and safety of victims, as well as the human rights of victims, are of primary concern and that, where appropriate, these programmes are set up and implemented in close coordination with specialist support services for victims. The Explanatory Report to the Istanbul Convention underlines that parties should establish their own programmes or support existing ones. The decision on how they should be run rests with the parties or programme providers, although the Explanatory Report outlines core elements for programme safety. Prior to the Istanbul Convention, minimum standards for working with perpetrators had been developed in a Council of Europe study entitled “Combating violence against women: minimum standards for support services.” Furthermore, the Council of Europe has provided an overview of the practices in relation to programmes for perpetrators, including guidance in the form of checklists for the establishment of programmes for perpetrators of domestic violence and sexual violence.
In addition, the European Network for the Work with Perpetrators of Domestic Violence (WWP EN) provides guidance for the safe and effective work with perpetrators. In 2023, the network published its “European Standards for Perpetrator Programmes,” outlining key elements for setting up programmes for perpetrators based on a victim-centred approach. In practice, however, challenges remain in aligning existing programmes with the above principles. In monitoring the implementation of the Istanbul Convention, the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) identified shortcomings in ensuring sufficient availability of programmes that are based on a victim-centred and gender-sensitive approach and that work in close co-operation with specialist support services.The research conducted by the European Network for the Work with Perpetrators also pinpointed common challenges that countries and service providers encounter when establishing and designing programmes for perpetrators that aim to respond to the provisions of the Istanbul Convention.These challenges relate specifically to the principle of victim-safety orientation in work with perpetrators, the provision of risk assessment and management, and to their level of integration of a gender perspective. This comparative study provides an overview of existing models and approaches for programmes for perpetrators and their results, responding to the need for such analysis stated in the Declaration on the Prevention of Domestic, Sexual, and Gender-Based Violence (Dublin Declaration) adopted by 38 member states of the Council of Europe in September 2022.9 The signatories to this declaration further specified the need to “identify promising practices and develop guidelines for the operation of perpetrator programmes to ensure baseline quality standards in line with the principles of the Istanbul Convention, notably a victim-centred approach that focuses on ensuring victims’ safety and support and full respect for their human rights.” Corresponding to the above, this study offers guidance for the establishment of safe and effective programmes for perpetrators of domestic and sexual violence, as required under Article 16 of the Istanbul Convention. It draws on promising practices and common challenges encountered in the design and implementation of these programmes. Using qualitative and quantitative research methods, the study’s aim is to provide clear and practical recommendations for the safe and effective implementation of programmes for perpetrators of domestic and sexual violence for use by policy-makers, service providers and practitioners.
STrasbourg: Council of Europe, 2024. 49p.