CETS 210 – Violence against women and domestic violence, 11.V.2011 __________________________________________________________________________________ – withdrawal of parental rights, if the best interests of the child, which may include the safety of the victim, cannot be guaranteed in any other way. Article 46 – Aggravating circumstances Parties shall take the necessary legislative or other measures to ensure that the following circumstances, insofar as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of internal law, be taken into consideration as aggravating circumstances in the determination of the sentence in relation to the offences established in accordance with this Convention: a the offence was committed against a former or current spouse or partner as recognised by internal law, by a member of the family, a person cohabiting with the victim or a person having abused her or his authority; b the offence, or related offences, were committed repeatedly; c the offence was committed against a person made vulnerable by particular circumstances; d the offence was committed against or in the presence of a child; e the offence was committed by two or more people acting together; f the offence was preceded or accompanied by extreme levels of violence; g the offence was committed with the use or threat of a weapon; h the offence resulted in severe physical or psychological harm for the victim; i the perpetrator had previously been convicted of offences of a similar nature. Article 47 – Sentences passed by another Party Parties shall take the necessary legislative or other measures to provide for the possibility of taking into account final sentences passed by another Party in relation to the offences established in accordance with this Convention when determining the sentence. Article 48 – Prohibition of mandatory alternative dispute resolution processes or sentencing 1 Parties shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes, including mediation and conciliation, in relation to all forms of violence covered by the scope of this Convention. 2 Parties shall take the necessary legislative or other measures to ensure that if the payment of a fine is ordered, due account shall be taken of the ability of the perpetrator to assume his or her financial obligations towards the victim. 13