JurFem: Adapting EU legislation in Ukraine to improve investigation of sexual violence crimes and protection of victims
European experience is helping to reform the system of responding to violence and protecting victims in Ukraine.
In 2023, the Ukrainian Women Lawyers Association “JurFem” analysed Directive 2012/29/EU on the establishment of minimum standards for the rights, support and protection of victims of crime. This analysis was made possible thanks to the support of the European Union within the framework of the project “Gender Think Tank Network: Strengthening Capacity for Advanced Policy Development, Impact Assessment, Strategic Advocacy and Focused Policy Communications” implemented by the Ukrainian Women’s Fund.
“The EU Directive establishes minimum rules – the things that must be ensured, and additional elements are implemented by each state at its discretion,” explains Yaryna Voloshyn, Head of Communications at JurFem.
The analysis was necessary as Ukraine is on the path to European integration and therefore needs to harmonise its legislation with EU norms. The Directive, in particular, emphasises victim-centred approaches that take into account individual needs, vulnerability and the right to protection and confidentiality.
“And since we and many of our partners are working on implementing such approaches in Ukraine, if there are already useful mechanisms that can be used to build these victim-centred approaches, it would be foolish to ignore them. That is why we conducted the analysis to understand what exactly these minimum standards and this directive are about,” explains Yaryna Voloshyn.
War-related crimes are sensitive and stigmatised
The need to study and implement this Directive is driven by several factors. First and foremost, it is a matter of bringing national legislation in line with EU standards, and thus improving the latter with a focus on the rights and needs of victims, taking into account the specifics of interaction between representatives of the legal community and victims.
“For example, if a child is a victim of violence and one of the parents is the perpetrator, can we be sure that the other parent will act in the child’s best interests? Because situations are different, sometimes people believe that it is better to keep conflicts in the family inside. Conflicts of interest may arise, and such situations must be resolved, and the Directive suggests how to do this,” explains Yaryna Voloshyn.
Among the important opportunities offered by the Directive are interrogations by a person of the same sex, the creation of a safe environment, confidentiality and the provision of comprehensive assistance: medical, psychological and legal.
“These crimes are very sensitive and stigmatised. That’s why people often don’t report them, not even because of imperfect legislation, but because they are afraid that someone will find out about their case. So far, we do not have a fully-fledged approach, but Ukraine is definitely on the way to it,” says Yaryna Voloshyn.
After the analysis,JurFem team together with representatives of the Prosecutor General’s Office developed minimum standards for investigating sexual violence crimes.
The standards of the Directive strengthen the implementation of the Istanbul Convention
Subsequently, a national conference was held on justice for victims of gender-based violence, where they presented their work on standards for pre-trial investigation of criminal proceedings for criminal offences related to domestic violence.
“Many of these standards are based on the Directive. They were presented in November last year. We expect that they will soon be approved and fully implemented. But we know that many of our law enforcement partners are already trying to implement these standards in their work. It’s about a human-centred approach,” concludes Yaryna Voloshyn.
As a result,JurFem experts contributed to the drafting of Bill No. 12297, which strengthens the implementation of the standards of the Directive and the Istanbul Convention previously ratified in Ukraine.
“The Directive provides an understanding of the framework and directions for improving legislation. At the same time, when it comes to draft law No. 12297, its purpose, taking into account the principles and approaches of the Directive, is to also propose to national legislation the guarantees provided for in another international document, the Istanbul Convention. The draft law has been developed over the past two years by a working group under the Ministry of Internal Affairs, which included representatives of the authorities – the Ministry of Internal Affairs, the National Police, the Office of the Prosecutor General – and NGOs. The draft law is comprehensive and proposes to regulate those issues that have not yet been fully implemented in national legislation,” says Kateryna Shunevych, Head of the JurFem Analytical Centre.
The draft law is currently under consideration by the relevant parliamentary committee and is expected to be supported.
“JurFem continues to work systematically on the implementation of victim-centred approaches in justice, focusing on European standards. Thanks to analytics, cooperation with partners and the development of regulatory changes, Ukraine is getting closer to creating an effective victim protection system.
The material was prepared within the framework of the project “Gender Think Tank Network: Strengthening Capacity for Advanced Policy Development, Impact Assessment, Strategic Advocacy and Focused Policy Communications”, implemented by the Ukrainian Women’s Fund with the support of the European Union. The content of this publication is the sole responsibility of the UWF.
