CONVENŢIA DE LA ISTANBUL – VALOAREA ADĂUGATĂ VERSUS ASPECTELE PROBLEMATICE ALE REGLEMENTĂRII
THE ISTANBUL CONVENTION – THE VALUE ADDED VERSUS PROBLEMATIC ASPECTS OF THE REGULATION

Summary/Abstract: The present study aims to rediscuss the variables of the relationships between the problematic aspects and the benefits of implementing at national level The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (the Istanbul Convention). It shows the structure, objectives and application sphere of the Convention and it invokes ECHR case law relevant for this matter, with reference to decisions pronounced in cases brought against Romania. Opinion no. 1065 of 2021, issued by the Venice Commission, as a result of an amicus curiae, at the request submitted to the Constitutional Court of the Republic of Moldova, is observed through the lens of the corresponding provisions of the Constitution of Romania, regarding the freedom of conscience, the right to education and family. It briefly summarizes the conclusions of the first GREVIO report for Romania (June 2022), which underlines the measures taken by the country to conform itself to the Convention, but also the deficient aspects, the areas where progress is still needed. The author concludes that, through its comprehensive approach, the Istanbul Convention offers a coherent legal framework in its matter, such that the aspects seen as “problematic” are annihilated by the objective of the regulation: zero tolerance towards any form of violence against women.

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