Turkish Medical Association appeals against withdrawal from İstanbul Convention

* Photo: csgorselars/Meltem Ulusoy

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The Turkish Medical Association (TTB) has appealed against Turkey's withdrawal from the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.

Applying to the Council of State, the TTB has demanded the annulment of the Presidential decision pulling Turkey out of the convention which is widely known as the İstanbul Convention.

In the application of the TTB Legal Bureau, it has been noted that the Presidential decree, based on which the related Presidential decision was issued, is related to the international conventions, which falls within the jurisdiction of the Grand National Assembly of Turkey (TBMM).

The Bureau has stressed that the country shall withdraw from international conventions that were ratified by law only by law. Against this legal background, it has been further underlined that the related Presidential decision is non-competent and lame as it violates the principle of "parallelism in procedure", thereby committing the act of "usurpation of functions."

The TTB's application has stressed that the main objective of the İstanbul Convention is to prevent violence against women and domestic violence, protect the ones subjected to violence and ensure effective investigations. Accordingly, the Association has noted that Presidential decrees shall not be issued about the issues that concern fundamental rights and freedoms.

The TTB Legal Bureau has also decided to appeal to the Constitutional Court against the related Presidential decree.

What happened?

The Council of Europe Convention on preventing and combating violence against women and domestic violence - the İstanbul Convention - was opened for signature in İstanbul on May 11, 2011. Turkey became the first country to ratify the Convention in 2012, followed by 33 other countries from 2013 to 2019. The Convention came into force on August 1, 2014.

Turkey has withdrawn from the İstanbul Convention with a Presidential decision published in the Official Gazette on March 20, 2021.

The decision in question said that "the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, which was signed by Turkey on May 11, 2011 and approved with the Cabinet Decree no. 2012/2816 on February 10, 2012, shall be terminated on the part of Turkey as per the Article 3 of the Presidential Decree no. 9."

Following this Presidential decision published at midnight, several social media users, women's rights defenders, lawyers and politicians, denounced the decision, recalling that the convention was unanimously approved at the Parliament and stressing that it is not possible for Turkey to withdraw from an international convention with a Presidential decision.

After the Presidential decision pulling Turkey out of the İstanbul Convention was met with criticisms and objections in both Turkey and around the world, the Communications Directorate of the Presidency released a written statement about the issue on March 22.

"As known, Turkey was the first signatory to the Istanbul Convention," the statement noted, arguing that the "İstanbul Convention, originally intended to promote women's rights, was hijacked by a group of people attempting to normalize homosexuality – which is incompatible with Turkey's social and family values. Hence the decision to withdraw."

The protests are still ongoing. (EKN/SD)