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The withdrawal of the Presidential was announced published in the Official Gazette on Friday evening Kararnamesi’yl Convention in Istanbul Turkey.
The Istanbul Convention has been on the public agenda with rumors that it will be abolished in recent years.
Women’s rights activists, lawyers and human rights organizations have long been campaigning not to abolish the Istanbul Convention, emphasizing that it is a very important agreement to prevent violence and murder of women and protect women. .
The following statements were included in the decision published in the Official Gazette:
“Signed in the Republic of Turkey on behalf of 05/11/2011 and 02/10/2012 dated Ministers approved by the decision of the board” Violence against women and the prevention of domestic violence and with them the Convention of the Council of Europe related to terrorism “of the Republic of Turkey in terms of termination, 3 of 9 No. of the Presidential Decree” It has been decided in accordance with the third article. “
Based on the principle of “gender equality”
On May 11, 2011 in Istanbul because it opened for signature the ‘Istanbul Convention’ associated with the name “Violence against women and prevention of domestic violence and with them on the Agreement of the European Council of Struggle” signed and became in the first country ratified by Turkey.
The Istanbul Convention, which entered into force on August 1, 2014, is based on the principle of “gender equality”.
With the Istanbul Convention, it is intended to protect women from all types of violence and discrimination, promote equality between women and men, design a comprehensive framework, policies and measures for these purposes, and expand international cooperation.
Considering that violence against women is a manifestation of the historical unequal power relations between men and women, and that these unequal power relations lead to the superiority of men over women, discrimination against women and the prevention of full advance of the woman, her arrival in the union. it is recorded.
In order to ensure that the provisions of the convention are effectively implemented, a monitoring and oversight committee, known as “GREVIO” for short, is the Group of Experts in Action against Violence against Women and Domestic Violence.
What are the main points of the contract?
It is stated that the convention will apply both in times of peace and in situations of armed conflict.
Gülsüm Kav, representative of the We Will Stop Femicide Platform, told the Turkish BBC that there are 4 pillars of the Istanbul Convention:
“The Convention speaks above all about preventive measures. Creating a society in which violence does not dare to arise. This is an egalitarian society. Spreading gender equality throughout society by all means, including education.”
“Secondly, you may not be able to create such a society immediately, violence is a long-standing and deep-rooted problem and treat Contracting States with understanding. If you cannot create such a society immediately, if there is a threat, It claims to protect women effectively and actively, for us, it claims to apply Law 6284 in its entirety.
“The third step also says that you could not create a preventive society, you wanted to protect women, but you could not, if a woman was injured, at least make an effective prosecution and have an effective penal system, guarantee justice.
“Finally, the contract is no longer comprehensive but demanding. Even if you do these things, it is not enough, it says that you show me how to empower women for the future.”
How does the convention define violence against women?
In the convention, the definition of “violence against women” includes all types of physical, sexual, psychological or economic violence, threat of violence and discrimination, whether it occurs “in public or private life.”
The Convention defines domestic violence “within the family or in the family unit or between current or former spouses or persons living together, whether or not they share the same residence as the victim.”
It is stated that the convention can cover girls under the age of 18.
What legal measures must the contracting parties take?
The convention obliges the parties to take “the necessary legal and other measures” to prevent all types of acts of violence and discrimination, and requires that activities to empower women be generalized.
With the convention, the parties are obliged to include the principle of equality between women and men in their national constitutions or other relevant legislation and to ensure the implementation of this principle, prohibit discrimination against women, and abolish laws and practices that discriminate against women. women. women.
When applying the provisions of the convention, it is emphasized that discrimination cannot be made on the grounds of “sexual orientation” or on identity characteristics such as “gender, race, color, language, religion, political or other opinion, marital status , immigrant or refugee status “.
State officials and institutions are asked to act in accordance with the obligations imposed by the contract.
The parties are requested to allocate the necessary financial and human resources to comply with the provisions of the contract, as well as to support the work of non-governmental organizations that have an active role in the fight against women and to cooperate with these organizations.
What are the provisions of the convention for the prevention of violence against women?
The Convention establishes: “The Parties shall take measures to help change the social and cultural patterns of behavior of women and men in order to eradicate prejudices, customs, traditions and other practices based on the belief that women are inferior or stereotyped roles. socially of women and men. “
The contract refers to the concept of “honor”. It is said: “The parties will ensure that concepts such as culture, custom, religion, tradition or the so-called” honor “are not used as justification for any act of violence in the country. The scope of this convention.”
At the convention, parties are asked to encourage all members of society, especially youth and men, to actively contribute to the prevention of all forms of violence.
It highlights the importance of education to prevent all types of violence.
In the official curriculum, topics such as gender equality, gender roles free from social stereotypes, mutual respect, non-violent conflict resolution in personal relationships, gender violence against women, should be included in some way. woman and respect for the integrity of the personality. tailored to the learning abilities of students.
The convention obliges the parties to take the necessary measures for the dissemination of these principles in non-formal education, as well as in sports, cultural and entertainment facilities and in the media.
The parties are also requested to establish training programs to prevent violence in the future, especially for those who attempt domestic violence to adopt acts that exclude violence. Likewise, training programs are requested for those who attempt sexual crimes.
How do the provisions of the convention protect victims and what crimes do they punish?
The provision of short-term and long-term expert support services to victims of violence is mandatory in the contract.
Providing shelter for victims of violence, especially women and children, is also a requirement of the convention.
The convention calls on the parties to establish free hotlines on violence, within the scope of the principle of confidentiality and to operate 24 hours a day, 7 days a week.
It is planned to provide medical and psychological support to victims of sexual violence.
The provision of psychosocial counseling services to children who witness acts of violence is one of the obligations included in the contract.
The convention also paves the way for victims to take legal action against perpetrators and receive compensation.
The contract obliges the parties to take “legal or other measures to ensure that forced marriages can be annulled or terminated.”
The contract also requires the punishment of stalking for psychological violence and harassment.
In addition to having sexual intercourse with a body part or object without their consent, it also includes having a person engage in sexual acts with a third person without their consent.
These acts between former spouses or current spouses or living together are also considered within the scope of sexual violence.
In the contract, the parties have the task of guaranteeing the punishment of the forced marriage of a person or a child.
The convention prohibits forced female circumcision and asks women to be protected against forced abortion and sterilization.
In addition to physical conduct of a sexual nature, verbal and non-verbal conduct are also included in the scope of “sexual harassment” and are required to be punished.
In the contract, it is required that helping to commit the aforementioned crimes is also classified as a crime by law.
To what extent does the Istanbul Convention prevent violence against women?
The Convention obliges law enforcement officials to immediately provide adequate protection to victims against all types of acts of violence and to take legal and other measures to intervene.
“The parties will take the legislative or other measures necessary to guarantee that all victims of violence covered by this convention benefit from the appropriate blocking or protection orders.”
In situations of immediate danger, the authorities are empowered to order the perpetrators of domestic violence, the victim or the person at risk to leave their residence for a sufficient period of time and to prohibit contact with them.
The Convention provides for the provision of support services to explain their rights and interests to victims and paves the way for legal aid and free legal aid.
The parties are asked to recognize refugee status if there is a risk of persecution for one or more of the reasons defined in the contract.
The Convention establishes: “The Parties shall adopt the legislative or other measures necessary to guarantee that, regardless of their situation and residence situation, the lives of victims of violence against women in need of protection may be at risk or under no circumstances they will be in danger. returned to any country where they may be subjected to torture or inhuman treatment or punishment. “