The Obligation to Criminalise Psychological Violence: An Analysis of Article 33 of the Istanbul Convention and its Implementation

Article 33 of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) obliges State Parties to criminalise a psychologically abusive course of conduct. From the evaluation reports published by the monitoring body of the Convention, the Group of Experts on Action against Violence against Women and Domestic Violence (“GREVIO”), it is evident that most State Parties are struggling to comply with this obligation. This article examines the content and scope of the required “course of conduct” in light of most of the national implementations and their evaluation by GREVIO. The article particularly addresses GREVIO’s broad interpretation of the elements of “coercion” and “threats” in art. 33 of the Istanbul Convention, as well as the characteristics of national offences that are, according to GREVIO, (ill-)suited to cover a psychologically abusive course of conduct, which subsequently illustrates general standards concerning the criminalisation of psychological violence in Europe.