What is The Istanbul Convention?
The Istanbul Convention, also known as The Council of Europe Convention on preventing and combating violence against women and domestic violence, is an international human rights treaty. The document addresses violence against women and defines it as a violation of human rights and discrimination.
The treaty is a product of the Council of Europe’s series of initiatives to promote the protection of women against violence beginning in the early 1990s. Studies, surveys, and reports revealed the intensity of the problem and increased the need for a consistent legal standard throughout the continent. In December 2008, a team of experts appointed by the Committee of Ministers was tasked with drafting an international agreement. The draft was finalized in December 2010.
In May 2011, the Council of Europe opened it for signatures during the 121st session of the Committee of Ministers meeting held in Istanbul. Türkiye was the first to sign the treaty, and the first nation to accept the agreement in its parliament in 2012. The convention fully entered into force in August 2014 following its 10th ratification.
The basic principles governing the convention are preventing all forms of violence including domestic violence against women, combatting gender discrimination and promoting women’s empowerment, protecting all victims of violence against women and domestic violence by taking extensive precautions, increasing international cooperation to combat the issue, and promoting effective communication between institutions and law enforcement agencies to adopt a holistic approach towards the problem.
The document proposes achieving its comprehensive goal with a system dubbed the 4P’s: Prevention, Protection, Prosecution, and Integrated Policies. The extensive treaty also contains definitions for broad topics, calls for a set legal basis of punishment, proposes precautions, and holds nations accountable for protecting their citizens. Moreover, the agreement touches upon the discriminatory practices against the LGBTQ+ community in Article 4, which states that in its implementation, the state will treat everyone equally no matter a person’s race, religion, status, age, sexuality, or sexual identity.
Türkiye and the Istanbul Convention
After ratifying the convention and passing it in parliament, Türkiye passed a new legislation called Law No. 6284 in 2012. According to the first article, the purpose of the law is“[...]to regulate the procedures and principles regarding the measures to be taken to protect women, children, family members who are subjected to violence or at risk of violence and people who are victims of unilateral stalking, and to prevent violence against these people.” Apart from taking measures to protect the victims of violence, this law also lists numerous preventative court-ordered regulations against the perpetrators.
Although the legislation made it seem like Türkiye had fully adopted the convention and was taking a step towards decreasing violence and discrimination against women, there are a few key differences between The Istanbul Convention and Law No. 6284. For instance, while the convention promotes an approach directed towards “societal gender equality,” the law encourages “men-women equality.” The key difference between these two phrases is that the latter covers the rights of women and men based on sex while the former encapsulates not only men and women but all presenting genders, including the LGBTQ+ community and constantly changing societal norms and roles. Another difference is that the convention holds the government responsible for obtaining data and creating policies regarding violence. Conversely in the law, this commitment belongs to local Violence Prevention and Monitoring Centers (ŞÖNİM). Additionally, the convention demands the establishment of rape crisis centers that will provide victims with medical attention, trauma support, and counseling, however, the law does not contain any articles regarding such organizations.
Unfortunately, despite being the first country to ratify the Istanbul Convention, on March 20, 2021, Türkiye announced that it would be withdrawing from it. Following the announcement of withdrawal, several women’s organizations like the Women’s Coalition and Women’s Platform for Equality (EŞİK) expressed their objections. Several other organizations such as various United Nations branches and the Council of Europe urged Türkiye to rethink this decision and voiced their concerns. In response, the Minister of Internal Affairs at the time, Süleyman Soylu, stated that the withdrawal “(...) would not impact the efforts to prevent violence against women.” Those in support of the decision claimed that the Istanbul Convention had been “decontextualized” and had been turned into a “social tension object.” Despite the many appeals by municipalities, parties–Workers’ Party of Turkey (TİP), Republican People's Party (CHP)–, and both national and international organizations, the ruling Justice and Development Party (AKP) and President Recep Tayyip Erdoğan did not back down and even went as far as to say that the parliament did not hold any decision-making power regarding the Istanbul Convention. The president expressed that “(...) the convention did not bring respect for women’s rights,” and claimed that violence against women being forbidden in Islam was enough as a violence-prevention guarantee.
Regardless of the tireless national and international efforts to refute the Presidential Decision, Türkiye officially withdrew from the Istanbul Convention on July 1, 2021.
The Aftermath
The Istanbul Convention is a decree of human rights that safeguards women against violence. It not only holds the state responsible for protecting its citizens but is also one of the most detailed documents regarding societal gender equality. Despite what supporters of the withdrawal may say, Türkiye’s legal system is not comprehensive enough to bring down the rate of femicide. Despite being judged as a criminal offense in many European countries, “persistent pursuit” is legal within the framework of the Turkish Penal Code (TCK). Moreover, “societal gender” is excluded in domestic law. Turkish activist and academician Prof. Dr. Feride Açar sums up the disregard of the phrase by stating, "When you do not see the concept of societal gender in the law, you direct the system to fight superficial and individual cases with palliative measures against violence. However, policies to prevent violence should be developed. The Istanbul Convention describes what these policies should be by pointing to gender equality."
The withdrawal from the convention has not brought reprieve to Türkiye, nor has it decreased femicide. The government has not offered women a more elaborate safeguard than the convention and claims that asserted Islam values as promises for security have become utterly meaningless, especially in light of recent events. Over the past week, news of violence against women has taken the country by storm. Women were murdered by strangers, boyfriends, and husbands, children were raped, and perpetrators were released despite being convicted of assault.
Tragedies like these highlight the importance of protection and have once again brought up arguments regarding the Istanbul Convention. The public needs assurance that crimes like these–which the convention strictly defined and imposed regulations to prevent– will not be repeated. The agreement made women’s violence a poignant human rights issue, and severing ties with it has not benefitted anyone.