On 20 March 2021, the Turkish government announced its intention of unilaterally withdrawing from the Council of Europe Convention on Preventing And Combating Violence Against Women and Domestic Violence, also known as the Istanbul Convention. Such an announcement is likely to severely affect respect for human rights in the region and to furtherly isolate Turkey within the international community.

THE ISTANBUL CONVENTION 

The Istanbul Convention, which owes its name to the city where it was open to signature back in 2011, is a legally-binding, international instrument banning violence against women and outlining measures every state should adopt to prevent and tackle this tragic issue. The Convention was promoted by the Council of Europe, an international regional organisation that includes almost 50 countries with the common purpose of promoting human rights and ensuring uniform compliance with the provisions of the European Convention on Human Rights, thanks to the vigilance of the European Court of Human Rights.

The Istanbul Convention is thus a landmark international instrument to ensure human rights, and more specifically to ensure that women’s and girls’ rights are respected. Article 1 of this instrument, in fact, clearly states that all signatories are bound to ensure women are protected from both discrimination and domestic violence, on one hand, and to adopt all measures necessary to achieve equality, on the other hand.

To achieve such objectives, states are required to implement a “comprehensive framework” of legal instruments and administrative practices to ensure a constant monitoring and an effective assistance to women who have experienced discrimination or violence. Far from being a mere recollection of general principles and recommendations, the Istanbul Convention is acknowledged as the “most far reaching international treaty” to tackle violence and discrimination against women, and “it aims at zero tolerance for such violence and is a major step forward in making Europe and beyond a safer place”.

 To do so, parties to the Convention must support, even financially, all non-governmental organisations and associations that give assistance to women (article 9), allocate financial resources to gender-based policies (article 7), and collect and publish comprehensive and actual data on violence against women (article 11). Preventive measures are also incorporated in the Convention, such as a proper education for men (articles 12 and 14). Other specific obligations include setting out effective, accessible, and local mechanisms to assist women who are victims of violence (article 22), providing them with safe accommodation (article 23).  

GENDER-BASED VIOLENCE: A RISING CONCERN

While gender-based violence is a global problem, with one in three women experiencing violence in her lifetime, the dimensions of such a phenomenon are particularly alarming in Turkey, where at least 38% of women have reported being victims of physical or sexual aggression, and where femicides have been rising over the last few years.

Representatives from the European Union, the United Nations, and President Biden have expressed concerns about the sudden decision of the Turkish government, which later expressed its motives in a statement, claiming that many other countries have never respected their obligations under the Istanbul Convention and that domestic laws aimed at protecting women remain into place.

United Nations Women, however, had already outlined the ongoing inequalities between men and women in Turkey, especially at the workplace. Against this backdrop, the protests that spread all over the country against the government’s decision to withdraw from the Istanbul Convention are a clear indicator of how deeply gender-based violence and discrimination are felt among the Turkish population.

The question as to why Turkey withdrew from the Istanbul Convention remains. It is not unlikely that such a decision could have been due to cultural and ideological reasons. Some governmental officials, in fact, reportedly suggested that the Convention’s founding principles clash with the notion of the traditional family under Turkish law.

It is also true, however, that this decision might have had geopolitical roots that could, among other things, impact Turkey’s relations with the European Union as well. Turkey’s decision has indeed caused alarm within the European Union, and it is possible that this episode will push Brussels and Turkey further apart, after a critical and tense year.

The withdrawal from an international treaty is legitimate under certain circumstances, but it is usually perceived as a political statement of mistrust and unwillingness to abide by international standards, or even unwillingness to have any form of interference in a country’s domestic affairs.

In the case of the Istanbul Convention, Turkey’s announced withdrawal is alarming, as it means that no international body will have the authority to investigate whether victims of domestic violence are protected and supported in the country. Even more so, Turkey will no longer have any obligation of publishing its data about gender-based violence in the country, which in turn means that human rights could be violated without anyone knowing at all.  

A NEW PATH FOR TURKEY?

Moreover, the announced withdrawal of Turkey from the Convention could also be interpreted as the abandonment of any project of future integration with the European Union, an economic and demographic giant with a very articulated human rights protection system. Back in 1987, Turkey applied to join what was then known as the European Economic Community. Its application, however, was postponed for years, because Turkey did not seem to comply with the minimum standards required by Brussels in terms of human rights respect, judicial independence, and civil rights.

After undergoing many reforms, Turkey was eventually declared eligible in 1999 and therefore officially began the negotiations for its accession in 2005. Such a process has, however, been interrupted because of Turkey’s alleged violation of some of the most fundamental principles governing the European Union, namely democracy, respect for human rights, and the rule of law. 

While Turkey remains a core strategic partner for Brussels, as shown by the EU-Turkey agreement aimed at stopping the flow of irregular migration, it is undeniable that tension remains high. By withdrawing from the Istanbul Convention, Turkey appears to have embarked on a new journey, where its policies and strategies do not need to be aligned with those set out by the European Union and the United Nations Systems.

To conclude, the announced withdrawal of Turkey from the Istanbul Convention has drawn more than reasonable concerns about women’s conditions in the country. In contrast, international bodies should be able to make sure that shelters, telephone helplines and safe homes are kept for women and children victims of domestic violence, and that no laws affecting gender equality will be adopted that could endanger such protections.

Irene Malusà is an Italian lawyer with a Master’s Degree in Italian Law and a Bachelor’s Degree in French Law, as well as a Post-Graduate Diploma in Diplomatic Studies. She is deeply passionate about International Law, Climate Change and Human Rights. She has served as a volunteer for Amnesty International and for independent NGOs providing first legal assistance to migrants and other fragile categories. In her free time, she loves reading, classical and jazz music and photography.

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