FBE HUMAN RIGHTS COMMISSION – “ISTANBUL CONVENTION” and The International Day for the Elimination of Violence against Women, November 25

9.12.2020

The Council of Europe Convention on preventing and combating violence against women and domestic violence, better known as the Istanbul Convention, is a human rights treaty of the Council of Europe against violence against women and domestic violence which was opened for signature on 11 May 2011, in Istanbul, Turkey. The convention aims at prevention of violence, victim protection and to end the impunity of perpetrators. As of March 2019, it has been signed by 45 countries and the European Union. On 12 March 2012, Turkey became the first country to ratify the convention, followed by 33 other countries from 2013 to 2019.

The preamble recalls the European Convention on Human Rights, European Social Charter and Convention on Action against Trafficking in Human Beings as well as international human rights treaties by United Nations and Rome Statute of the International Criminal Court.

The Istanbul Convention is the first legally-binding instrument which “creates a comprehensive legal framework and approach to combat violence against women” and is focused on preventing domestic violence, protecting victims and prosecuting accused offenders.

It characterizes violence against women as a violation of human rights and a form of discrimination (Art.3(a)). Countries should exercise due diligence when preventing violence, protecting victims and prosecuting perpetrators (Art. 5). The convention also contains a definition of gender: for the purpose of the Convention gender is defined in Article 3(c) as “the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men”. Moreover, the treaty establishes a series of offences characterized as violence against women. States which ratify the Convention must criminalize several offences, including: psychological violence (Art.33); stalking (Art.34); physical violence (Art.35); sexual violence, including rape, explicitly covering all engagement in non-consensual acts of a sexual nature with a person (Art.36), forced marriage (Art.37); female genital mutilation (Art.38), forced abortion and forced sterilisation (Art.39). The Convention states that sexual harassment must be subject to “criminal or other legal sanction” (Art. 40). The convention also includes an article targeting crimes committed in the name of so-called “honour” (Art. 42).

On December 17, 1999, November 25 was designated as the International Day for the Elimination of Violence against Women by the UN General Assembly. Each year observances around the International Day for the Elimination of Violence against Women concentrate on a particular theme, such as “Demanding Implementation, Challenging Obstacles” (historically, on November 25, 1960, three sisters, Patria Mercedes Mirabal, María Argentina Minerva Mirabal and Antonia María Teresa Mirabal, were assassinated in the Dominican Republic on the orders of the Dominican ruler Rafael Trujillo. The Mirabel sisters fought hard to end Trujillo’s dictatorship. Activists on women’s rights have observed a day against violence on the anniversary of the deaths of these three women since 1981).

The Istanbul Convention is the most progressive and ambitious international human rights treaty targeting the elimination of violence against women.

We do agree with it, do you?

  

On behalf of the FBE Human Rights Commission,

Artur Wierzbicki

President of the Human Rights Commision of FBE