The Istanbul Convention: A Genuine Confirmation of the Structural Nature of Domestic Violence against Women within a Human Rights Law Framework?

This chapter analyses the recently adopted Istanbul Convention in the special context of domestic violence against women. Before the adoption of the Convention, human rights bodies developed several approaches in order to address the issue in particularly last three decades. However, all these developments occurred within existing, mostly gender neutral and non-binding human rights law instruments, particularly in Europe. This picture has been reversed entirely by the adoption of the Istanbul Convention. For the first time in Europe, the Convention gave legally binding status to the fact that domestic violence in its nature is a manifestation of historically unequal power relations between women and men and therefore prevalent. This affirmation of the historical nature of the problem is strengthened through its 4(P)s structure bringing detailed measures to be taken by state parties to eliminate the problem. This chapter argues that the Istanbul Convention constitutes the strongest confirmation of the ordinary and structural nature of the problem of domestic violence against women within international human rights law.

Regulatory and legal environment of counterfeiting and prevention of domestic violence against women

Law. Human. Environment ◽

10.31548/law2021.03.017 ◽

2021 ◽

Vol 12 (3) ◽

Author(s):

Hbur Liusia ◽

Keyword(s):

Domestic Violence ◽

Gender Equality ◽

Violence Against Women ◽

Physical Violence ◽

Psychological Violence ◽

Forced Marriage ◽

World Community ◽

Wide Range ◽

Domestic Violence Against Women ◽

The article analyzes the legal support for combating and preventing domestic violence against women. The statistics show that in 2020 the bodies and institutions entrusted with the functions of implementing measures to prevent and combat domestic violence received 211,362 complaints about domestic violence, of which – 2,756 from children, 180,921 – from women , 27 676 – from men. It is concluded that the ratification of the Istanbul Convention is still open, which currently helps all signatory states to effectively combat a wide range of phenomena, including psychological violence, physical violence, sexual violence, especially rape, forced marriage, forced abortion, forced abortion, forced abortion. genitals, crimes in the name of so-called «honor», harassment, sexual harassment, etc. In addition, the need to ratify the Istanbul Convention has been and continues to be insisted on by the world community, as by signing this Convention, Ukraine has committed itself to ratifying it in the future. It is determined that the normative-legal provision of prevention and counteraction to domestic violence against women consists of a set of international covenants, declarations and conventions, normative-legal and by-laws normative-legal acts. It has been found that the number of reports of violence against women is increasing every year, so the legislator should work to prevent any forms of domestic violence by amending the legislation governing preventive measures. Keywords: violence, women, gender equality, Istanbul Convention, domestic violence, combating violence, domestic violence, gender equality

The European Convention on Human Rights (ECHR) and the Council of Europe Convention on Violence Against Women and Domestic Violence (Istanbul Convention)

The Legal Protection of Women from Violence ◽

10.4324/9781315185002-6 ◽

2018 ◽

pp. 139-165

Author(s):

Jackie Jones

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Violence Against Women ◽

European Convention ◽

Council Of Europe ◽

The Maria da Penha Case and the Inter-American Commission on Human Rights: Contributions to the Debate on Domestic Violence Against Women in Brazil

Indiana Journal of Global Legal Studies ◽

10.2979/indjglolegstu.18.1.121 ◽

2011 ◽

Vol 18 (1) ◽

pp. 121 ◽

Cited By ~ 2

Author(s):

Spieler

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Violence Against Women ◽

Violence against women by non-state actors, a responsibility for the state under human rights law: amnesty internationals work on domestic violence

Due Diligence and Its Application to Protect Women from Violence ◽

10.1163/ej.9789004162938.i-300.69 ◽

2009 ◽

pp. 173-184

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Violence Against Women ◽

The State ◽

Human Rights Law ◽

State Actors

Factors of Domestic Violence Against Women: Correlation of Women’s Rights and Vulnerability

Journal of Asian and African Studies ◽

10.1177/0021909616677373 ◽

2016 ◽

Vol 53 (2) ◽

pp. 285-296

Author(s):

Bonkoungou Zakaliyat ◽

A Sathiya Susuman

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Logistic Regression ◽

Violence Against Women ◽

Quantitative Data ◽

Sociocultural Factors ◽

Constitutional Rights ◽

Multivariate Logistic Regression ◽

Health And Human Rights ◽

Many studies have looked into domestic violence but very few have considered women’s knowledge and perception about their rights. This study aims to examine the main sociocultural factors behind domestic violence against women with an emphasis on the power of the knowledge and perception of the women about their international and constitutional rights. Quantitative data collected in 2015 in the regions of East and Southwest Burkina Faso is used in this paper. Multivariate logistic regression is implemented to take into consideration the net effects of each factor when controlling the effects of other covariates. Results of this paper can be used to implement actions against domestic violence in the zone of intervention of the Program of Sexual Health and Human Rights project.

A Critical Assessment of Turkey’s Positive Obligations in Combatting Violence against Women: Looking behind the Judgments

Muslim World Journal of Human Rights ◽

10.1515/mwjhr-2021-0016 ◽

2021 ◽

Vol 0 (0) ◽

Author(s):

Devran Gülel

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Gender Equality ◽

Violence Against Women ◽

Critical Assessment ◽

Due Diligence ◽

European Court ◽

Regional Organisations ◽

The Government ◽

Abstract After almost two decades in power, R. T. Erdoğan and his Justice and Development Party (AKP) have established authoritarian and Islamist governance in Turkey, which has adversely affected gender equality and women’s rights. So much so, that in 2009 the European Court of Human Rights acknowledged that there is a climate conducive to domestic violence in Turkey (Opuz v. Turkey). Despite Erdoğan withdrawing Turkey unconstitutionally from the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), the government cannot withdraw from the state’s duty to protect its citizens from the criminal acts of private individuals. By using international and regional organisations’ approaches to positive obligations and due diligence as a measure, the article addresses whether Turkey is fulfilling its duty of protecting women from the violent conduct of others. It is concluded that the government is failing in its positive obligations and instead, is reinforcing the climate through its discourse and practices that strengthen a national tolerance of violence against women and the national authorities’ reluctance to address it, thus allowing for impunity of its perpetrators.

Violence as Violation: Understanding Domestic Violence against Women as a Matter for Human Rights

Women’s Social Rights and Entitlements ◽

10.1007/978-1-349-73033-9_9 ◽

2006 ◽

pp. 155-179 ◽

Cited By ~ 1

Author(s):

Audrey Guichon ◽

Rebecca Shah

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Violence Against Women ◽

Approaches of the European Court of Human Rights to claims of domestic violence against women

Meždunarodnoe pravosudie ◽

10.21128/2226-2059-2017-1-85-95 ◽

2017 ◽

Vol 1 (21) ◽

pp. 85-95

Author(s):

Maria Voskobitova ◽

Keyword(s):

Domestic Violence ◽

Human Rights ◽

Violence Against Women ◽

European Court ◽

Istanbul Convention, Honour Killings and Turkey’s Experience

International and Comparative Law Review ◽

10.2478/iclr-2021-0003 ◽

2021 ◽

Vol 21 (1) ◽

pp. 79-99

Author(s):

Ulviyya Mammadova ◽

Kristi Joamets

Keyword(s):

Domestic Violence ◽

Violence Against Women ◽

Legal Protection ◽

Legal Issue ◽

Prevention Measures ◽

Gender Based Violence ◽

Effective Prevention ◽

Domestic Violence Against Women ◽

Gender Based ◽

Summary The problem of domestic violence against women (DVAW) is a global concern and pivotal point which is still waiting for necessary radical measures to prevent it. Honour related violence is a phenomenon and special form of domestic violence against women that affects every country. For decades, honour killings have been a topical legal issue in Turkey. This article highlights the positive changes of Turkey’s legislation after ratification of the Istanbul Convention, which provides legal protection and prevention measures to help women and their families and shows how important it was for Turkey to implement the Convention in order to prevent these crimes. The authors shed light to the point that Turkey has done much to implement the Istanbul Convention, but male-dominated mentality, still hampers the effective prevention of gender-based violence. Article analyses the importance of the Istanbul Convention in Turkey through the “Unjust Provocation” concept and Law No. 6284 which was adopted by Turkey after ratification of the Convention.