France >> Armenia, Recommendation, 21st session, January 2015

Source of Reference
State under Review
Promote the rights of women and effectively combat all forms of violence against women and against prenatal selection.
Draft amendments to the laws on "Reproductive health and Reproductive Rights of Person", on "Administrative Offences", "On Amending the Criminal Code of the Republic of Armenia" have been developed and put into circulation, according to which sex-based abortion is prohibited by law.
Implementation notes
National Report:
Para 72) In 2017, the Law "On prevention of domestic violence, protection of persons subjected to domestic violence and restoration of solidarity in family" was adopted. To ensure the implementation of the Law, several by-laws have been drafted. Since 2019, six state centres in Yerevan and in 3 marzes have been providing support to victims of domestic violence.
Para 74) A supplement was made to the Law "On human reproductive health and reproductive rights" in 2016, Article 10 of which prescribes the prohibition of sex selective abortions and Article 47.12 of the Code of Administrative Offences envisages administrative liability for failure to carry out necessary measures provided for by law before and after induced termination of pregnancy (abortion) by the doctor.
Para 75) By joint Order of the Minister of Health No 1129-A of 8 May 2015 and of the Minister of Labour and Social Affairs No 75-A/1 of 13 May 2015, the Programme on preventing induced terminations of pregnancy conditioned by the sex selection for 2015- 2017 was approved. As a result of the above mentioned Programme, relevant capabilities were ensured, and public awareness level was raised in the marzes and urban communities of Armenia. The balanced consolidation of measures and activities, selection of the rich toolkit and sequence of their application became the main guarantee for the achievements of the Programme.

UN Compilation:
Para 78) The Committee against Torture remained concerned that domestic violence was still prevalent and often went unreported owing to entrenched gender stereotypes justifying such violence and the lack of due diligence on the part of law enforcement officials in pursuing cases.

Stakeholder Summary:
Para 14) HRD stated that the Law օn Prevention of Domestic Violence, Protection of Persons Affected by Domestic Violence, and Family Restoration did not qualify all types of domestic violence as being such, including acts of harassment, forced marriage, and forced termination of pregnancy.
Para 15) HRD stated that gender-based violence and domestic violence remained a concern and that significant steps were needed for the training of professionals to change their mind-sets; conducting sensitization campaigns to raise public awareness on domestic violence and gender equality; as well as providing services for victims, especially in rural areas.
Para 96) HRW stated that domestic violence persisted as a serious problem in Armenia. The authorities failed to ensure the protection of women and children survivors of domestic violence. Law enforcement bodies lacked awareness and training on protection mechanisms envisaged by the Law on Prevention and Protection of the Victims of Domestic Violence and Restoration of Solidarity in Family, such as protection orders, and did not adequately use them. Authorities sometimes pressured survivors who did file domestic violence complaints to reconcile with their abusers. HRW stated that there was only one shelter for domestic violence survivors, run by a non-governmental organization.
Para 97) FLD stated that the Law on Prevention and Protection of the Victims of Domestic Violence and Restoration of Solidarity in Family operated on the basis of notions of “strengthening traditional values” and “restoring family harmony”, which reinforced gender stereotypes and did not provide sufficient protection from domestic violence.
Para 101) JS6 stated that the prosecution of rape was overwhelmingly limited to situations where the victim had the physical evidence of injuries and could prove physical resistance to sexual intercourse. It stated that when such evidence could not be secured, or when sexual violence was committed without using physical force, there was very little chance that the perpetrator would be brought to justice.
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