Istanbul Convention and Protection of Women’s Human Rights * Feride ACAR Vienna, 25 November 2013

Istanbul Convention and Protection of Women’s Human Rights*

Feride ACAR

Vienna, 25 November 2013

*This presentation is partially based on F. Acar and R.Popa “Dynamics of Regional Norms Emergence: The Making of Europe’s First Treaty on Violence against Women” 3rd European Conference on Politics and Gender, Barcelona 21-23 March 2013

Women’s Human Rights and the Istanbul Convention

Feride ACAR, Vienna 25 October 2013

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VaW: Global Framework

• Few early international instruments: protective, humanitarian

eg. Geneva Conventions

• Since 1960s important advances :

‘private matter’ ‘public concern’ ‘humanitarian’ approach ‘rights-based’ approach

‘criminal law matter’ ‘human rights issue’

‘human rights violation’



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UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979)

• sets the universal standards • guarantees both de jure and de facto equality • refers to both public and private spheres direct and indirect discrimination discrimination of purpose and of effect

formal equality and substantive equality • holds state responsible not only for actions of officials but also

for all others• sees discriminatory traditions and stereotyped gender roles as

restricting women’s enjoyment of their human rights CEDAW (1979) has no specific binding prohibition on VAW



Global norms on VaW

• 1990s expansion of the international movement against VAW• CEDAW General Recommendation 19 (1992) starting point for

attaching human rights connotation to VaW

• 1993 World Conference on Human Rights, Vienna

women’s human rights are human rights;

“public” and “private” sphere violence;

call for a Declaration and a Special Rapporteur on VaW

1993 UN Declaration on the Elimination of VaW (DEVAW)

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Global norms on VaW

• 1995 Fourth World Conference on Women, Beijing:

VAW as one of the 12 critical areas• 1998 Rome Statute of the International Criminal Court:

rape, sexual violence= crimes against humanity• 2000 UN Security Council Resolution 1325:

VaW in armed conflict: women in security and peace building

absence of any explicit treaty right on VaW in global norms



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According to General Recommendation 19, VaW is:

• a form of discrimination against women• a human rights violation because it prevents women from

enjoying their rights and freedoms• can be exhibited in different forms in all areas of life• related to all main premises of CEDAW • states need to include VaW in their CEDAW reports

CEDAW General Recommendation 19

Regional Instruments

• 1995 Inter–American Convention on the Prevention, Punishment and Eradication of VaW

“Convention of Balem do Para”

women’s ‘right to be free from violence’ in public and private

• 2005 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

VaW with reference to cultural practices and stereotypes



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The CoE Convention on Preventing and Combatting Violence against Women and Domestic Violence

(Istanbul Convention)



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By 2008• CoE Task Force recommended

• a legally binding instrument • to prevent and combat VaW, to protect victims

• European Ministers of Justice / CDPC recommended• a domestic violence convention

In 2009 The Ad Hoc Committee on Preventing and Combating Violence against Women and Domestic Violence (CAHVIO) is formed to draft “one or more legally binding instrument(s)”

Origins of the Istanbul Convention: ‘two-tracks’



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• about 80 delegates (from the 47 member states) and observers • governmental representatives, observers from civil society and

international organizations • on average, 70% women • meeting of two ‘planets’ (Hester)

alternative understandings of the mandate

conflicting political and ideological stands of states

competing perspectives of NGOs

different professional background of the delegates

gender experts vs legal experts

institutionalization of the two-track mandate

CAHVIO



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Convention on Preventing and Combating Violence against Women and Domestic

Violence (Istanbul Convention)• Adopted on 7 April 2011• Substantive provisions for a range of forms of violence:

• physical violence• psychological violence• stalking• sexual violence, including rape• forced marriage, • FGM • forced abortion and forced sterilization• sexual harassment• culture, custom, tradition, etc unacceptable justification for so-

called “honour”crimes



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Significance of the Istanbul Convention

Advances the previously available global frameworks for VaW:

conceptually: defines VaW = violation of human rights;

structural connection between VAW & gender inequality

substantively: includes 4 Ps to address VaW: Prevention, Protection, Prosecution and integrated Policies

procedurally: recognizes essential role of CSO in implementation

subjects to international monitoring

politically: incorporates a gender equality perspective throughout

Scope of the Istanbul Convention

• provisions for “procedural law” and “substantive law” (civil,penal,administrative)

• coordinated action by security, judiciary, social services, • support from media, civil society • national action plan to combat VaW • adequate budget allocation• “due diligence” standard• Provisions for migrants, refugees and asylum seekers• international cooperation and data collection• independent international monitoring mechanism

Main Disagreement Areas

• focus on VaW vs. focus on domestic violence • ‘women’ as main group to be covered vs. coverage including children,

elderly, men

• defining VaW as discrimination against women

• defining VaW as violation of human rights

• definition of ‘gender’ and its integration into the Convention

• inclusion of ‘sexual orientation’ and ‘gender identity’ as impermissible grounds of discrimination

• inclusion of VaW in armed conflict situations



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In the end….compromises and consensus

• does not exclusively address VaW, as gender equality proponents wanted

• includes both VaW and domestic violence

YET• very clear and uncompromising on basic principles

VaW as gender-based and as human rights violation• codifies ‘soft law’ of CEDAW GR 19 into legally binding norms• further expands and deepens existing global norms• calls for comprehensive responses to VAW • is a multi-purpose, flexible, implementable instrument



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Some observations about the process

• Not a simple process of global norm diffusion • Complex interaction of actors, inside and outside • Impact of strong gender expertise within CAHVIO

feminist delegates and gender experts • Effective NGO advocacy (internal and external) • Learning process within CAHVIO – ‘norm transfer’ • Impact of outside political dynamics

PACE support

national elections and government changes

Istanbul Convention: present and

future…The Istanbul Convention • was opened for signature on May 11, 2011 in Istanbul

It is currently,• signed by 27 states • ratified by 8 states Turkey, Albania, Portugal, Montenegro, Italy, Bosnia and Herzegovina, Austria, Serbia• needs 10 ratifications to come into effect• non member-states may also ratify

Istanbul Convention: present and

future…• strong on main principles re. VaW• allows for international monitoring• leaves room for interpretation at the implementation level

• has the potential to be upgraded to ‘global norm’ level

compliments CEDAW in a most-needed area

codifies existing international ‘soft law’ and jurisprudence

is not region-specific in content and scope

• needs ratifications and more active civil society support

reservations??



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Thank you

Documents

Istanbul Convention and Protection of Women’s Human Rights * Feride ACAR Vienna, 25 November 2013