CETS 210 – Violence against women and domestic violence, 11.V.2011
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b
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where the competent authority considers that their stay is necessary for the purpose of
their co-operation with the competent authorities in investigation or criminal proceedings.
Parties shall take the necessary legislative or other measures to ensure that victims of forced
marriage brought into another country for the purpose of the marriage and who, as a result,
have lost their residence status in the country where they habitually reside, may regain this
status.
Article 60 – Gender-based asylum claims
1
Parties shall take the necessary legislative or other measures to ensure that gender-based
violence against women may be recognised as a form of persecution within the meaning of
Article 1, A (2), of the 1951 Convention relating to the Status of Refugees and as a form of
serious harm giving rise to complementary/subsidiary protection.
2
Parties shall ensure that a gender-sensitive interpretation is given to each of the Convention
grounds and that where it is established that the persecution feared is for one or more of
these grounds, applicants shall be granted refugee status according to the applicable relevant
instruments.
3
Parties shall take the necessary legislative or other measures to develop gender-sensitive
reception procedures and support services for asylum-seekers as well as gender guidelines
and gender-sensitive asylum procedures, including refugee status determination and
application for international protection.
Article 61 – Non-refoulement
1
Parties shall take the necessary legislative or other measures to respect the principle of nonrefoulement in accordance with existing obligations under international law.
2
Parties shall take the necessary legislative or other measures to ensure that victims of
violence against women who are in need of protection, regardless of their status or residence,
shall not be returned under any circumstances to any country where their life would be at risk
or where they might be subjected to torture or inhuman or degrading treatment or punishment.
Chapter VIII – International co-operation
Article 62 – General principles
1
Parties shall co-operate with each other, in accordance with the provisions of this Convention,
and through the application of relevant international and regional instruments on co-operation
in civil and criminal matters, arrangements agreed on the basis of uniform or reciprocal
legislation and internal laws, to the widest extent possible, for the purpose of:
a
preventing, combating and prosecuting all forms of violence covered by the scope of this
Convention;
b
protecting and providing assistance to victims;
c
investigations or proceedings concerning the offences established in accordance with
this Convention;
d
enforcing relevant civil and criminal judgments issued by the judicial authorities of
Parties, including protection orders.
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