Seventy-two bar associations express concern over İstanbul Convention debate

Photo: Kadın Savunma Ağı

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Seventy-two bar associations at the Union of Bar Associations of Turkey (TBB) Women's Law Commission have released a joint statement in support of the İstanbul Convention on violence against women.

While violence against women has incrementally increased in the recent years, the bars said, "We are watching with great concern the discussion of the withdrawal of signature from the Istanbul Convention."

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"Even the statements about withdrawing the signature from the İstanbul Convention creates an effect that increases violence, leaving women vulnerable to violence. Withdrawal of the signature from the contract will expose women and children to violence, and those who apply to the state will be prevented. Women and children will be negatively affected by this, as well as our country's reputation in the outside world will be damaged.

"We do not accept any attempt that will reverse the gains of women, violate the human rights of women, make women subject to discrimination from being free individuals, and damage the gained legal rights of women.

"What we need to prevent violence against women is the effective and uncompromising implementation of the İstanbul Convention and Law No. 6284. We once again state that we expect authorities and relevant institutions to abandon the discourse about withdrawing the signature from the İstanbul Convention, to form effective and decisive policies to prevent the increasing violence against women, work in coordination with civil society organizations and professional organizations, which have an important function in the struggle for women's rights and we demand that they do not allow discourse, behavior and changes that threaten women's vested rights."

From İstanbul Convention

The purposes, definitions and general obligations of the İstanbul Convention have been indicated in its first chapter of the as follows:

Chapter I – Purposes, definitions, equality and non-discrimination, general obligations

Article 1 – Purposes of the Convention

The purposes of this Convention are to:

a) protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence;

b) contribute to the elimination of all forms of discrimination against women and promote substantive equality between women and men, including by empowering women;

c) design a comprehensive framework, policies and measures for the protection of and assistance to all victims of violence against women and domestic violence;

d) promote international co-operation with a view to eliminating violence against women and domestic violence;

e) provide support and assistance to organisations and law enforcement agencies to effectively co-operate in order to adopt an integrated approach to eliminating violence against women and domestic violence.

In order to ensure effective implementation of its provisions by the Parties, this Convention establishes a specific monitoring mechanism.

Article 2 – Scope of the Convention

This Convention shall apply to all forms of violence against women, including domestic violence, which affects women disproportionately.

Parties are encouraged to apply this Convention to all victims of domestic violence. Parties shall pay particular attention to women victims of gender-based violence in implementing the provisions of this Convention.

This Convention shall apply in times of peace and in situations of armed conflict.

Article 3 – Definitions

For the purpose of this Convention:

a) "violence against women" is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;

b) "domestic violence" shall mean all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim;

c) "gender" shall mean the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men;

d) "gender-based violence against women" shall mean violence that is directed against a woman because she is a woman or that affects women disproportionately;

e) "victim" shall mean any natural person who is subject to the conduct specified in points a and b;

f) "women" includes girls under the age of 18.

Article 4 – Fundamental rights, equality and non-discrimination

Parties shall take the necessary legislative and other measures to promote and protect the right for everyone, particularly women, to live free from violence in both the public and the private sphere.

Parties condemn all forms of discrimination against women and take, without delay, the necessary legislative and other measures to prevent it, in particular by:

–embodying in their national constitutions or other appropriate legislation the principle of equality between women and men and ensuring the practical realisation of this principle;

–prohibiting discrimination against women, including through the use of sanctions, where appropriate;

–abolishing laws and practices which discriminate against women.

The implementation of the provisions of this Convention by the Parties, in particular measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status.

Special measures that are necessary to prevent and protect women from gender-based violence shall not be considered discrimination under the terms of this Convention.

Article 5 – State obligations and due diligence

Parties shall refrain from engaging in any act of violence against women and ensure that State authorities, officials, agents, institutions and other actors acting on behalf of the State act in conformity with this obligation.

Parties shall take the necessary legislative and other measures to exercise due diligence to prevent, investigate, punish and provide reparation for acts of violence covered by the scope of this Convention that are perpetrated by non-State actors.

Article 6 – Gender-sensitive policies

Parties shall undertake to include a gender perspective in the implementation and evaluation of the impact of the provisions of this Convention and to promote and effectively implement policies of equality between women and men and the empowerment of women.

(EMK/VK)