Chapter VIII International cooperation | Article 62 General principles

🚧 RIGA REVISION 1.0 [FIRST DRAFT]
Complete analysis using 8-Point Evaluation Framework with systematic gender asymmetry review.

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ORIGINAL TEXT (Istanbul Convention, adopted May 11, 2011)

Article 62 – General principles

1 Parties shall co-operate with each other, in accordance with the provisions of this Convention, and through the application of relevant international and regional instruments on co-operation in civil and criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation and internal laws, to the widest extent possible, for the purpose of:

a preventing, combating and prosecuting all forms of violence covered by the scope of this Convention;

b protecting and providing assistance to victims;

c investigations or proceedings concerning the offences established in accordance with this Convention;

d enforcing relevant civil and criminal judgments issued by the judicial authorities of Parties, including protection orders.

2 Parties shall take the necessary legislative or other measures to ensure that victims of an offence established in accordance with this Convention and committed in the territory of

a Party other than the one where they reside may make

a complaint before the competent authorities of their State of residence.

3 If

a Party that makes mutual legal assistance in criminal matters, extradition or enforcement of civil or criminal judgments imposed by another Party to this Convention conditional on the existence of

a treaty receives

a request for such legal co-operation from

a Party with which it has not concluded such

a treaty, it may consider this Convention to be the legal basis for mutual legal assistance in criminal matters, extradition or enforcement of civil or criminal judgments imposed by the other Party in respect of the offences established in accordance with this Convention.

4 Parties shall endeavour to integrate, where appropriate, the prevention and the fight against violence against women and domestic violence in assistance programmes for development provided for the benefit of third States, including by entering into bilateral and multilateral agreements with third States with

a view to facilitating the protection of victims in accordance with Article 18, paragraph 5.
[Source: CETS No. 210, Article 62]

8-POINT EVALUATION FRAMEWORK

Evaluation Criteria: This article is assessed using the following 8 criteria with proper citation of sources:

1. Definitions: Are terms clearly defined? Is a sound logical framework present? Which logical fallacies appear? Citations required.

2. Legal Clarity: Is the convention legally clear and understandable for enforcement? Can it be implemented consistently? Legal precedents cited.

3. Sovereignty Impact: Does this respect diverse legal systems and state sovereignty? International law sources cited.

4. Victim Protection: Does this genuinely enhance safety and protection for victims? Research evidence cited.

5. Bad Actor Exploitability: Can this be weaponized for repression, manipulation, or false accusations? Case studies cited.

6. Practical Feasibility: Can states actually implement this with realistic resources? Implementation data cited.

7. Unintended Consequences: What negative externalities might emerge? Policy analysis cited.

8. Cultural Sensitivity: Does this allow for legitimate cultural variation while maintaining core protections? Comparative studies cited.

🎓 CITATION REQUIREMENTS:
All analyses must include:

Academic sources (peer-reviewed journals, legal scholarship)
Primary sources (legal documents, official reports, case law)
Diverse perspectives (multiple ideological and cultural frameworks)
Implementation data from multiple jurisdictions
Expert opinions from various stakeholder groups

ISSUE IDENTIFICATION

Score: 0 (Negative-only scoring: each issue = -1 point)

v1.05 includes systematic gender asymmetry review

Issues Identified:

No significant textual issues identified in initial review.

PROPOSED REVISIONS

Revision principles: Clarity, consistency, cultural sensitivity, sovereignty respect, victim protection, exploitability reduction

Option A: [Gender-symmetric revision with rationale and sources]

Option B: [Alternative approach with rationale and sources]

Option C: [Minimalist revision with rationale and sources]

Each option includes: Legal precedents, implementation feasibility, cultural impact assessment, stakeholder perspectives

💭 STAKEHOLDER PERSPECTIVES:
Consider views from: Victim advocacy groups, legal scholars, cultural/religious communities, implementation practitioners, state sovereignty advocates, human rights organizations, gender equality advocates, and others affected by this article.

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About Riga Revision 1.0: Comprehensive article-by-article critique using the 8-Point Evaluation Framework, rigorous technical documentation standards, and multi-stakeholder perspectives. This is a FIRST DRAFT prepared with AI assistance. Version 2.0 and beyond will be prepared by human experts.

Resources: Evaluation Framework | 8 C’s of Technical Writing | All Articles

Disclaimer: This analysis represents critical examination from multiple perspectives and does not constitute legal advice. Readers are encouraged to consult primary sources and qualified legal professionals.