Istanbul Convention at 13: 'Perpetrators of violence won, women lost'

Aslı AĞIRDİL/ 12punto.com.tr

Today marks the 13th anniversary of the Istanbul Convention, which Turkey signed as the 'first signatory.' The Convention, signed on May 11, 2011, was ratified by Parliament on March 12, 2012. It entered into force in Turkey on August 1, 2014.

On the night between March 19 and March 20, Turkey announced its withdrawal from the Istanbul Convention by a decision made by President Recep Tayyip Erdoğan. During the period when the convention was first signed, the only action taken in accordance with it was changing the content of Law No. 6284. Following the signing of the Istanbul Convention, Law No. 6284, the Law on the Protection of Family and Prevention of Violence Against Women, was enacted as a 25-article law through the persistent struggle of women's organizations.

While Turkey's decision to withdraw from the Istanbul Convention created great debate and concern in society, women's organizations and NGOs state that this step represents a setback in the fight for women's rights and against domestic violence. Attorney Birsen Baş Topaloğlu, spokesperson for the Istanbul Bar Association's Women's Rights Center, spoke to 12punto about the importance of the Istanbul Convention, the problems experienced in Turkey, and the process of Turkey's withdrawal from this convention.

"THE ISTANBUL CONVENTION IS A RESULT OF GENDER INEQUALITY"

Attorney Birsen Baş Topaloğlu emphasizes that violence is a result of gender inequality while evaluating the Istanbul Convention. She states that the convention primarily aims to prevent violence against women but covers all members of the household. She also expresses that preventing violence against children and child abuse are among the goals of the convention.

Atty. Topaloğlu stated the following:

"The Istanbul Convention, also known as the 'Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence,' is, as the name suggests, a convention that draws a roadmap for protecting women from violence, preventing violence, and building a society free from violence where women can live safely. The Istanbul Convention emphasizes that violence is a result of gender inequality.

It is stipulated that no discrimination shall be made in the implementation of the convention based on national origin, sexual orientation, disability, marital status, or being an immigrant or refugee. It imposes obligations on State Parties to protect women against all forms of violence and to prevent, prosecute, and eliminate violence against women and domestic violence; to create support policies for victims and perpetrators of violence, and it draws a kind of roadmap for this to be realized.

It imposes on state parties the responsibility to produce and implement inclusive policies based on gender equality, to collect statistical data on the extent of violence against women and share it with the public, and to create a change in social mentality that will prevent violence. If there is a deficiency in their legal legislation or implementation, it makes them obliged to make legal arrangements to remedy this and to eliminate the deficiencies. It states the obligation to create legal grounds for the fact that defenses made in the name of honor, religion, tradition, custom, or culture will not be accepted as a justification for violence against women, and that early and forced marriages should be considered crimes and legal grounds for their annulment should be established. The term 'women' in the Istanbul Convention also covers girls under the age of 18."

"8 WOMEN WERE MURDERED IN 1 DAY"

Topaloğlu stated that femicides and violence against women continue to increase, and that 8 women were murdered in a single day. Emphasizing that shelters are insufficient, Topaloğlu expressed that there is a regression in the acquired rights of women;

"Gender equality has still not been achieved. Neither violence against women nor femicides have stopped. Femicides and violence against women continue to increase. There is not a day without a femicide. We have even seen a day where 8 women were murdered in 1 day. There are serious implementation problems in the injunctions issued under Law No. 6284. Effective injunctions are not being issued. Requests for the renewal of injunctions are generally rejected. Decisions regarding violations of injunctions are almost non-existent. Shelters are insufficient.

After withdrawing from the Istanbul Convention, the case of H.K.G., who was married off at the age of 6, came to the agenda. In the face of the reality that little girls are subjected to sexual abuse and exploitation under the name of marriage, we have once again understood the importance of the Istanbul Convention.

There is a regression in the acquired rights of women. The Constitutional Court canceled the legal regulation regarding the surname of a married woman. Despite the 9-month enforcement period having expired, there is still no new legal regulation in line with the cancellation decision. On the contrary, the canceled article is included in judicial packages as a draft text. The Ministry of Justice said they would rewrite the Civil Code from scratch. It is said that mediation will be introduced to family law – which will not only put women at risk of violence and safety but will also lead to a serious loss of rights for women. Women's employment in working life is still less than half of men's employment. Women's poverty continues to increase."

"WE ARE NOT GIVING UP ON THE CONVENTION AND WE WILL NOT GIVE UP"

Atty. Topaloğlu stated that there is an intense demand for Turkey to rejoin the Istanbul Convention and expressed that they have not given up on the convention. Topaloğlu said:

"There is an intense demand from women, NGOs, and the Women's Rights Centers and Commissions of Bar Associations for Turkey to become a party to the convention again. We express in every environment that we have not given up on the convention and will not give up. We hope that when the political environment and the government change, we will become a party to the convention again."

PERPETRATORS OF VIOLENCE GAINED COURAGE

According to Atty. Topaloğlu, the repeal of the Istanbul Convention started a period in which women felt abandoned and unprotected. Expressing that perpetrators of violence gained courage, Topaloğlu stated:

"There is nothing women have gained. On the contrary, there is a loss. Although there have been a few positive legal regulations after withdrawing from the convention, such as making the injury or murder of an ex-spouse a qualified offense and including stalking as a crime in the penal code, no legal regulation or practice that would prevent violence against women could be implemented afterwards. When we withdrew from the Istanbul Convention, women felt abandoned and unprotected. Perpetrators of violence also found courage.

Disruptions occurred in the issuance and implementation of injunctions. Although Law No. 6284 is still in force, they started acting as if it had been abolished in the first place. Injunctions started to be issued with more difficulty. The duration of injunctions shortened. The effect of injunctions also weakened. There are still missing measures and provisions in the convention that have not yet been passed into national legislation. For example, rape crisis centers still do not exist. It is essential to produce holistic policies that the convention imposes on the state to prevent violence. We still do not have a holistic approach to preventing violence in practice."

"WE ARE THE FIRST AND ONLY COUNTRY TO WITHDRAW FROM THE ISTANBUL CONVENTION"

Atty. Topaloğlu states that withdrawing from the Istanbul Convention was a completely political decision and expresses that this situation has greatly damaged the state's international reputation;

"There is no legal basis for withdrawing from the Istanbul Convention. It was acted upon with a completely politically focused decision. This process was also reflected in the press. As a result of political bargaining, the convention was withdrawn from in a way that is contrary to the law. Just as we were the first country to sign and ratify the Istanbul Convention, we are the first and only country to withdraw. A state's withdrawal from a human rights convention it has signed greatly damages its international reputation and shakes its credibility."

"EMERGENCY APPLICATION TO ALO 155, 156, 183 AND KADES"

Atty. Topaloğlu explained the path women should follow when they want to file a complaint about an issue as follows:

"A woman who is a victim of violence should not bow to violence. She should apply to the competent authorities (police, gendarmerie, prosecutor's office, family court, district governorship) to file a complaint and request protective and preventive measures to be protected from violence and to prevent violence. She can make this application in person, or in emergency situations, she can make an emergency application via the Alo 155, Alo 156, Alo 183 emergency support lines or the KADES program she has installed on her phone. To obtain protection injunctions, she can also benefit from free legal support by applying to the legal aid bureaus of the bar associations in the province where she is located."

News Source: Aslı Ağırdil