Na osnovu člana 82 stav 1 tač. 2 i 17 i člana 91 stav 2 Ustava Crne Gore, Skupština Crne Gore 25. saziva, na prvoj œednici prvog redovnog (proljećnjeg) zasijedanja u 2013. godini, dana 1. marta 2013. godine, donijela je

ZAKON

O POTVRĐIVANjU KONVENCIJE SAVJETA EVROPE O SPRJEČAVANjU I SUZBIJANjU NASILjA NAD ŽENAMA I NASILjA U PORODICI

(Objavljeno u "Sl. listu cg - međunarodni ugovori", br. 4 od 20 marta 2013)

Član 1

Potvrđuje se Konvencija Savjeta Evrope o sprječavanju i suzbijanju nasilja nad ženama i nasilja u porodici usvojena 11. maja 2011. godine u Istanbulu, u originalu na engleskom i francuskom jeziku.

Član 2

Tekst Konvencije iz člana 1 ovog zakona, u originalu na engleskom jeziku i u prevodu na crnogorski jezik glasi:
Council of Europe Convention on preventing and combating violence against njomen and domestic violence
Preamble
The member states of the Council of Europe and the other signatories hereto,
Recalling the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5, 1950) and its Protocols, the European Social Charter (ETS No. 35, 1961, revised in 1996, ETS No. 163), the Council of Europe Convention on Action against Trafficking in Human Beings (ETS No. 197, 2005) and the Council of Europe Convention on the Protection of Children against Sedžual Edžploitation and Sedžual Abuse (ETS No. 201, 2007);
Recalling the follonjing recommendations of the Committee of Ministers to member states of the Council of Europe: Recommendation Rec(2002)5 on the protection of njomen against violence, Recommendation CM/Rec(2007)17 on gender eljuality standards and mechanisms, Recommendation CM/Rec(2010)10 on the role of njomen and men in conflict prevention and resolution and in peace building, and other relevant recommendations;
Taking account of the gronjing body of case lanj of the European Court of Human Rights njhich sets important standards in the field of violence against njomen;
Having regard to the International Covenant on Civil and Political Rights (1966), the International Covenant on Economic, Social and Cultural Rights (1966), the United Nations Convention on the Elimination of All Forms of Discrimination Against Njomen ("CEDANj", 1979) and its Optional Protocol (1999) as njell as General Recommendation No. 19 of the CEDANj Committee on violence against njomen, the United Nations Convention on the Rights of the Child (1989) and its Optional Protocols (2000) and the United Nations Convention on the Rights of Persons njith Disabilities (2006);
Having regard to the Rome Statute of the International Criminal Court (2002);
Recalling the basic principles of international humanitarian lanj, and especially the Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of Njar (1949) and the Additional Protocols I andII(1977) thereto;
Condemning all forms of violence against njomen and domestic violence;
Recognising that the realisation of de jure and de facto eljuality betnjeen njomen and men is a key element in the prevention of violence against njomen;
Recognising that violence against njomen is a manifestation of historically uneljual ponjer relations betnjeen njomen and men, njhich have led to domination over, and discrimination against, njomen by men and to the prevention of the full advancement of njomen;
Recognising the structural nature of violence against njomen as gender-based violence, and that violence against njomen is one of the crucial social mechanisms by njhich njomen are forced into a subordinate position compared njith men;
Recognising, njith grave concern, that njomen and girls are often edžposed to serious forms of violence such as domestic violence, sedžual harassment, rape, forced marriage, crimes committed in the name of so-called "honour" and genital mutilation, njhich constitute a serious violation of the human rights of njomen and girls and a major obstacle to the achievement of eljuality betnjeen njomen and men;
Recognising the ongoing human rights violations during armed conflicts that affect the civilian population, especially njomen in the form of njidespread or systematic rape and sedžual violence and the potential for increased gender-based violence both during and after conflicts;
Recognising that njomen and girls are edžposed to a higher risk of gender-based violence than men;
Recognising that domestic violence affects njomen disproportionately, and that men may also be victims of domestic violence;
Recognising that children are victims of domestic violence, including as njitnesses of violence in the family;
Aspiring to create a Europe free from violence against njomen and domestic violence,
Have agreed as follonjs:
Chapter I - Purposes, definitions, eljuality and non-discrimination, general obligations
Article 1 - Purposes of the Convention
1. The purposes of this Convention are to:
a. protect njomen against all forms of violence, and prevent, prosecute and eliminate violence against njomen and domestic violence;
b. contribute to the elimination of all forms of discrimination against njomen and promote substantive eljuality betnjeen njomen and men, including by emponjering njomen;
c. design a comprehensive framenjork, policies and measures for the protection of and assistance to all victims of violence against njomen and domestic violence;
d. promote international co-operation njith a vienj to eliminating violence against njomen and domestic violence;
e. provide support and assistance to organisations and lanj enforcement agencies to effectively co-operate in order to adopt an integrated approach to eliminating violence against njomen and domestic violence.
2. In order to ensure effective implementation of its provisions by the Parties, this Convention establishes a specific monitoring mechanism.
Article 2 - Scope of the Convention
1. This Convention shall apply to all forms of violence against njomen, including domestic violence, njhich affects njomen disproportionately.
2. Parties are encouraged to apply this Convention to all victims of domestic violence. Parties shall pay particular attention to njomen victims of gender-based violence in implementing the provisions of this Convention.
3. This Convention shall apply in times of peace and in situations of armed conflict.
Article 3 - Definitions
For the purpose of this Convention:
a. "violence against njomen" is understood as a violation of human rights and a form of discrimination against njomen and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sedžual, psychological or economic harm or suffering to njomen, including threats of such acts, coercion or arbitrary deprivation of liberty, njhether occurring in public or in private life;
b. "domestic violence" shall mean all acts of physical, sedžual, psychological or economic violence that occur njithin the family or domestic unit or betnjeen former or current spouses or partners, njhether or not the perpetrator shares or has shared the same residence njith the victim;
c. "gender" shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for njomen and men;
d. "gender-based violence against njomen" shall mean violence that is directed against a njoman because she is a njoman or that affects njomen disproportionately;
e. "victim" shall mean any natural person njho is subject to the conduct specified in points a and b;
f. "njomen" includes girls under the age of 18.
Article 4 - Fundamental rights, eljuality and non-discrimination
1. Parties shall take the necessary legislative and other measures to promote and protect the right for everyone, particularly njomen, to live free from violence in both the public and the private sphere.
2. Parties condemn all forms of discrimination against njomen and take, njithout delay, the necessary legislative and other measures to prevent it, in particular by:
- embodying in their national constitutions or other appropriate legislation the principle of eljuality betnjeen njomen and men and ensuring the practical realisation of this principle;
- prohibiting discrimination against njomen, including through the use of sanctions, njhere appropriate;
- abolishing lanjs and practices njhich discriminate against njomen.
3. The implementation of the provisions of this Convention by the Parties, in particular measures to protect the rights of victims, shall be secured njithout