2.1 Are there civil and criminal legal remedies for domestic violence victims?
Yes. Civil remedies include protective orders (including fines and the imprisonment of the aggressor for violations of such orders) and claims for damages. Criminal remedies include fines and imprisonment. See Section 4 entitled "Protection for domestic violence victims and relief granted" and Section 5 entitled "Prosecutorial considerations."
2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?
Freedom from domestic violence as such is not explicitly identified as a separately codified human right. However, the national civil and criminal laws offering protection against domestic violence are heavily informed by specific human rights such as the right to life and to physically remain unharmed, as well as the most fundamental human right under the German constitution — human dignity.
2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?
Yes, the Istanbul Convention entered into force on 1 February 2018.
2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?
A nationwide "violence against women" helpline was introduced in 18 different languages and the law governing sexual offenses was reformed. All levels of government (the federal government, the federal states and the local authorities) are responsible for ensuring the implementation of the Istanbul Convention.
2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?
Not applicable. The Istanbul Convention entered into force on 1 February 2018.
2.6 If it has ratified the 1979 Convention, how has the recommendations part of General Comment No. 35 been implemented into national law?
The implementation includes, in particular, systematic help to support and counsel women affected by violence, as well as cooperation between governmental institutions and nongovernmental support offers. This also includes support facilities such as women's shelters (Frauenhäuser). To date, the essential legal implementation is the Act of Civil Law Protection Against Violence (Gewaltschutzgesetz). Most states have an action plan or other projects to implement the targets that are in line with the recommendations.