Atty. Filiz Saraç: Where do we stand on the International Day for the Elimination of Violence against Women, November 25?

Today is November 25. We are observing the “International Day for the Elimination of Violence against Women,” which was adopted by the United Nations in 1999.

Article 10 of the Constitution, titled 'Equality before the law,' states: “Everyone is equal before the law without distinction as to language, race, color, sex, political opinion, philosophical belief, religion, sect, or any such grounds. (Additional paragraph: 7/5/2004-5170/1 art.)

Women and men have equal rights. The State is responsible for ensuring that this equality is put into practice. (Additional sentence: 7/5/2010-5982/1 art.) Measures to be taken for this purpose shall not be interpreted as contrary to the principle of equality.”

In the prevention of violence against women, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), Law No. 6284 on the Protection of Family and Prevention of Violence against Women, and the implementation of this legislation are of great importance.

Our country signed the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (shortly known as the Istanbul Convention), which was opened for signature in Istanbul on May 11, 2011. The Convention entered into force on August 1, 2014; our country was the first state to sign and ratify the convention.

The Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) is the body established by the Council of Europe to monitor the implementation of the Istanbul Convention. GREVIO released its first evaluation report on Turkey on October 15, 2018. The report by the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) examined the implementation of the Istanbul Convention in our country, and the report specified shortcomings and recommendations.

Instead of addressing these shortcomings and creating the necessary infrastructure to ensure an effective fight against violence, the country withdrew from the Istanbul Convention.

The judgment of the European Court of Human Rights (ECHR) dated June 9, 2009, regarding a femicide case in our country, known as the Opuz v. Turkey case, serves as a basis for a series of decisions known as the Opuz group of cases and acts as a guide for countries in the fight against violence. The decision in question is important in terms of identifying the shortcomings in the functioning of the Judicial System and institutions when looking at the development of events in the failure to prevent femicides and protect victims of violence in our country, and for examining the impact of laws and operations on human rights violations. The ECHR determined the shortcomings by ruling that Articles 2 (right to life) and 3 (prohibition of torture), as well as Article 14 (prohibition of discrimination) of the ECHR, were violated in the case.

Violence against women is a result of gender inequality. The responsibility for femicides and violence does not lie with those who lost their lives, the victims of violence, or their lack of legal knowledge. As in the murder of lawyer Müzeyyen Boylu, despite all the applications made by a lawyer conscious of violence, effective protection was not provided. The responsibility for the failure to provide effective protection lies with the institutions and organizations. As seen in the incident, both the perpetrator and the victim of violence can be people of any educational level. Looking at the defendant's defenses in many femicide files, it is understood that the inequality in the perspective on women in social culture must also be questioned in the prevention of violence.

In the prevention of violence against women;

. Policies should be produced and implemented to strengthen the position of women in society in social, economic, and cultural terms. Efforts should be made to eliminate the inequality in the perspective on women in social culture.

The State must take measures in accordance with the clear provision of Article 10 of the Constitution, titled “Equality before the law,” which states: “Women and men have equal rights. The State is responsible for ensuring that this equality is put into practice. Measures to be taken for this purpose shall not be interpreted as contrary to the principle of equality.”

· There is a need for the existence of an effective system for victims of violence where they can reach out immediately when they encounter violence and where they trust that they will receive effective help, and for the number and effectiveness of existing ones to be increased.

· Attacks on the secular Republic are also a step backward for women's and children's rights. They are also attacks on women's and children's rights. Secularism must never be compromised.

· The role of education is clear in combating the mentality that cannot digest separation, expects obedience from women, and does not see separation as a right for women. Educational curricula should include gender equality. An education model that encourages girls to study should be introduced.

· According to the Attorneyship Law, Bar Associations are tasked with defending human rights, and their ability to intervene in femicide cases should be ensured by a provision of law.

· Early marriage is one of the fundamental factors in the increase of violence.

· Women should be economically empowered. A married woman without economic freedom is condemned to difficult conditions during the divorce process; economic concerns can cause her to be unable to end a marriage where she is subjected to violence. Therefore, women's participation in working life is an important factor in preventing violence.

· The mistake regarding the withdrawal from the Istanbul Convention should be reversed. Instead of avoiding the oversight mechanism for preventing violence against women, sincere and effective policies should be produced to address the shortcomings.

· It should be known that it is an international obligation to prohibit mandatory dispute resolution processes, including mediation and conciliation, regarding all forms of violence.

· It is a known fact that the most important obstacle to women's access to justice and the fight against violence is women's poverty. The fact that the majority of applicants to the Istanbul Bar Association Legal Aid Bureau for a lawyer are women is also an indicator of the women's poverty experienced in our country. Therefore, the appointment of free lawyers by Legal Aid Bureaus is a very important and necessary support mechanism in cases of violence against women. Importance should be given to the development of this system.

· Healthy and detailed statistics on violence must be presented by the relevant Ministries and Institutions.

Violence is a human rights violation. Every individual and institution in society has a responsibility and duty in its prevention.

The words of our Great Leader Atatürk, “Oh, heroic Turkish woman! You are worthy not of crawling on the ground, but of being raised to the heavens on shoulders!”, should be a guide for all individuals and institutions."

Former President of the Istanbul Bar Association, Atty. Filiz Saraç

News Source: 12punto