Gender equality refers to the equal opportunities and treatment of women in relation to men and to equity in both public and private life. Law 202/2002 defines equality of opportunity and treatment between women and men as “taking into account the different abilities, needs and aspirations of men and women respectively and treating them equally”.

Gender equality therefore emphasizes fairness and non-partisanship and not – as is often mistakenly believed – the application of identical standards to women and men. Inherent biological differences as well as strong socialization towards different roles and expectations from women and men make these two categories differ in certain aspects of public and private life (apart from the numerous similarities). In a broader sense of the concept – gender equality also includes people with a minority gender identity, transgender people and non-binary people, as well as other people from the LGBTQ community.

Gender equality is not just about women, but involves and targets both women and men, taking into account the interests, needs and priorities of both. Gender equality does not mean that women and men will become the same, but that women’s and men’s rights, responsibilities and opportunities will not depend on whether they were born female or male.

It follows that gender equality encompasses the removal of all forms of discrimination based on a person’s sex and/or gender, as well as the removal of barriers to women’s and men’s equal access to political, economic and social life. In other words, it includes:

• Non-discrimination;
• Equal treatment;
• Equal opportunities/opportunities;

The Council of Europe Convention on preventing and combating violence against women and domestic violence, also known as the Istanbul Convention, is the most comprehensive international legal instrument setting out binding commitments to prevent and combat violence against women. Thirty-four Council of Europe member states have ratified it, twelve have signed it – together with the European Union – and it serves as a basis for action by many countries outside Europe.

The Istanbul Convention aims to protect women against all forms of violence and to prevent, criminalize and eliminate violence against women and domestic violence; to contribute to the elimination of all forms of discrimination against women, to promote equality between women and men and to empower women; to protect and support all victims of violence against women and domestic violence.

Romania signed the Istanbul Convention in June 2014 and ratified it in 2016, with the Convention entering into force in September 2016.

The Convention recognises violence against women as a violation of human rights and a form of discrimination. It is the first international treaty to contain a definition of gender: gender is the role society assigns to men and women, as well as the behaviour, activities and attributes considered appropriate for women and men. It also introduces a number of offences, such as forced sterilisation, female genital mutilation and psychological violence. Not criminalised until now, these will have to be made offences under the laws of the Convention’s signatory states. Protective measures include setting up specialised services to provide medical care and psychological and legal counselling for victims and their children, and providing adequate shelters for victims.

The Convention covers women and girls from all walks of life, regardless of age, race, religion, social origin, migrant status or sexual orientation, to name but a few. The Convention recognises that there are groups of women and girls who are often at greater risk of violence and states must take measures to ensure that their specific needs are addressed.

The Istanbul Convention addresses the specific residence status difficulties faced by many migrant women when they become victims of crimes such as domestic violence or forced marriage. It introduces the possibility of granting migrant women an autonomous residence permit if they are caught in an abusive relationship, as their residence status depends on that of the abusive spouse or partner. This allows victims of domestic violence to leave the relationship without losing their residence status.

For victims of forced marriages, the convention creates an obligation to allow migrant women to regain their residence status if they have left their country of residence for longer than is legally permitted because they were forced to marry abroad and cannot return. However, as a non-participation clause, States Parties may reserve the right not to be bound by this provision.

Asylum law has long failed to address the differences between women and men in terms of why and how they are persecuted. This gender blindness in determining refugee status and international protection has led to situations where the claims of women fleeing gender-based violence have gone unrecognised.

One of the reasons migrant women seek asylum is to flee gender-based violence, but it is often impossible for them to disclose relevant information during a refugee status determination process that does not respect cultural sensitivities. In addition, unaccompanied women are often exposed to sexual harassment and sexual exploitation and cannot protect themselves. In order to address the specific issues related to women asylum seekers, the Istanbul Convention establishes the obligation to introduce gender-sensitive procedures, guidelines and support services in the asylum process.

Another provision included in the Istanbul Convention reaffirms the obligation to respect a well-established principle of asylum and international refugee protection, namely the principle of non-refoulement. The Convention establishes the obligation to ensure that victims of violence against women in need of protection, regardless of their status or residence, are not returned to any country where their lives would be endangered or where they would be in danger of being subjected to torture or inhuman or degrading treatment or punishment.

Gender-based violence is a violation of rights and a form of discrimination against women.

Violence against women takes many forms and its consequences are high, the most affected being the physical and mental health of the victims. It severely affects both the management of everyday life and relationships with others.

Gender-based violence has a serious impact on all aspects of a woman’s health – physical, sexual and reproductive, mental and behavioural health. The health consequences of gender-based violence can be both immediate and acute, and long-lasting and chronic. Negative health consequences can persist long time after the violence has stopped. The more severe the level of violence, the greater the impact on women’s health. In addition, exposure to more than one type of violence (e.g. physical and sexual) and/or multiple incidents of violence over time tend to lead to more serious health consequences.

Exposure to gender-based violence increases the risk of developing certain pathologies and conditions. We can classify the health consequences of gender-based violence for victims into four categories:

● Acute or immediate physical trauma;
● Impact on physical health and development of vulnerable behaviours;
● Sexual, reproductive and perinatal health consequences;
● Chronic diseases;

A traumatic event is one that has the capacity to cause mental or physical trauma. A severe traumatic event often changes the way survivors understand the world around them. They may lose their sense of safety and feel vulnerable and helpless.

If the event involves violence, trust in other people may be lost and the survivor’s inter-relationship world may be turned upside down. Loss of sense of safety, control and trust can lead to depression, anxiety etc.

Gender-based violence is a distinct form of trauma because the trauma experienced is highly intrusive and gives rise to feelings of shame, self-blame and guilt. When combined with the fear of being harmed, it is traumatic in almost all cases.

The long-term effects of violence against women on mental health can include:

● Depression – results from the victim’s deep sense of self-blame, which a causes her to be intensely critical and unable to see into the future. happiness or pleasure. The vicious circle of depression is characterised by energy and low motivation, tiredness which leads to reduced activities and neglect which maintains feelings of guilt and hopelessness.

● Anxiety – The psychological stress to which victims of abuse are subjected is variable, however some symptoms can be explained by the context that causes fear and anxiety and by the psychological distress resulting from exposure to traumatic stressors: danger of death, severe injury or sexual violence.

● Suicide – the risk of suicide or self-harm is extremely high in victims of domestic violence and is associated with exaggerated feelings of guilt, of hopelessness and low social support.

Gender-based violence against women and girls is one of the most widespread violations of human rights violations. Recent studies show that about 25.4% of women in Europe and Asia Central Asia have experienced physical or sexual violence by an intimate partner or partner’s by non-partners.

Violence is widespread in contemporary society across all social groups and deep-rooted, with serious effects on the health, quality of life and well-being of victims and their families.

The consequences of gender-based violence can threaten all aspects of health physical, sexual and reproductive, mental and behavioral health. The results of violence can be immediate and acute, as well as long-lasting and chronic. The more the act of violence, the greater its impact on women’s health. Moreover, exposure to multiple forms of violence (e.g. physical and sexual) can have a negative impact on a woman’s health. (physical, sexual) and/or multiple incidents of violence can result in more serious consequences over time. to her health. Gender-based violence can have long-term adverse effects on health.

The most severe and persistent consequences are physical and emotional ones such as depression and anxiety, low self-esteem, post-traumatic stress disorder and facial trauma or physical disabilities; many of which persist long after the abusive relationship has ended.

Economically and socially, gender-based violence places a direct cost on society as a whole as well as the individual. Many victims are affected by a lack of confidence in their own strengths and in achieving economic independence and securing livelihood needs for the victim and her children through their own strengths (e.g. in many cases with low level of education, status of “housewife”, lack of vocational training).

Many refugee and asylum-seeking women and girls who have come to Europe in recent years have been exposed to gender-based violence in the form of coercion, survival sex, sexual slavery, forced prostitution, domestic violence, harassment or extortion. In transit and on arrival, they face common problems such as lack of safety, absence of separate bathrooms, little information on available support services, absence of gender interpreters and a general lack of general and post-traumatic medical care.

However, the protection of refugee women from violence has not been considered a priority in the management of the refugee crisis, and the overall gender dimension has been largely overlooked in the response. Ensuring protection from gender-based violence for all women, regardless of their status and where the violence took place, should be made a priority. a priority, in line with the Istanbul Convention.

There is an urgent need to ensure that refugee and asylum-seeking women are protected from gender-based violence at every step of their journey and throughout their stay as asylum seekers. Gender-based violence can be a challenge for a country, but practical protective measures can be taken to combat the problem.