The Normative Form of the Crime of Rape and the Need to Implement the Istanbul Convention - Seminar at the Office of the CHR
Date:
On 22 February 2024, the Commissioner for Human Rights hosted a scientific seminar on "The normative form of the crime of rape and the need to implement the Convention on preventing and combating violence against women and domestic violence". The conference was opened by the Deputy Commissioner, Dr. Valeri Vachev, who in his speech introduced the theme of the seminar and its purpose, which was to find effective ways to protect victims of crimes against sexual freedom.
In the introductory paper entitled "Normative form of the crime of rape on the basis of the Istanbul Convention", Aleksandra Szczerba from the Equal Treatment Department of the Office of Commissioner, Professor at the Jacob of Paradyż University in Gorzów Wielkopolski, presented the analysis of Article 36 of the Convention, which obliges States Parties to criminalise crimes against sexual freedom, including rape. She also presented the case law of the European Court of Human Rights on this issue.
The first panel focused on the assessment of Article 197 of the Criminal Code in the context of the standards set out in Article 36 of the Istanbul Convention. Prof. Monika Płatek from the University of Warsaw spoke about sexual freedom and sexual autonomy, considering the issue of the lack of voluntary consent of the victim to any sexual activity. Dr Piotr Zakrzewski of the Cardinal Stefan Wyszyński University focused on an analysis of the legal definition of rape in criminal codes and the diversity of normative approaches to defining voluntary consent in different legal systems.
Participants in the second panel discussed the practice of prosecuting offences under Article 197 of the Penal Code. Dr. Artur Pietryka drew attention to the problem of dropping cases of rape due to the complexity of the legislation. Dr. Dominika Czerniak from the University of Wroclaw presented an assessment of domestic case law in the context of the Convention standards, stressing the importance of the Polish courts' familiarity with the case law of the European Court of Human Rights. Agata Bzdyń from the Feminoteka Foundation discussed the legal and human rights standards relating to the crime of rape from the perspective of a victim's lawyer.
Each panel was followed by a discussion in which participants elaborated on the issues raised. At the end of the seminar, Deputy Commissioner Valeri Vachev thanked the participants and assured them that the arguments presented would be taken into account when the CHR formulates possible demands. The event was moderated by Adela Gąsiorowska, Chief Coordinator for Cooperation with Social Partners, and organised in cooperation with the Women's Rights Team of the Our Commissioner Initiative.
