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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

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

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  1. 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

  2. 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’ Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  3. UN Convention on the Elimination of All Forms of Discrimination againstWomen (CEDAW, 1979) • sets the universal standards • guaranteesboth de jure and de factoequality • refers to both public and private spheres direct and indirect discrimination discrimination of purpose and of effect formalequality and substantive equality • holds state responsible not only for actions of officials but also for all others • seesdiscriminatory traditions and stereotyped gender roles asrestricting women’s enjoyment of their human rights CEDAW (1979) has no specific binding prohibition on VAW Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  4. Global norms on VaW • 1990s expansion of the internationalmovement against VAW • CEDAW General Recommendation 19 (1992) starting point for attaching human rights connotation to VaW • 1993World Conference on Human Rights, Vienna women’s human rights are human rights; “public” and “private” sphere violence; call for a Declaration and aSpecial Rapporteur on VaW 1993UN Declaration on the Elimination of VaW (DEVAW) Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  5. Global norms on VaW • 1995Fourth 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 • 2000UN Security Council Resolution 1325: VaW in armed conflict: women in security and peacebuilding absence of any explicit treaty right on VaW in global norms

  6. CEDAW General Recommendation 19 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 Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  7. Regional Instruments • 1995Inter–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 culturalpractices and stereotypes

  8. The CoE Convention on Preventing and Combatting Violence against Women and Domestic Violence (Istanbul Convention) Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  9. Origins of the Istanbul Convention: ‘two-tracks’ 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)” Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  10. CAHVIO • about 80 delegates (from the 47 member states) and observers • governmental representatives, observers from civil societyand 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 Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  11. 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, etcunacceptable justification for so- called “honour”crimes Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  12. 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 Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  13. 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

  14. Main Disagreement Areas • focus on VaWvs. focus on domestic violence • ‘women’ as main groupto be covered vs. coverage including children, elderly, men • defining VaW as discrimination against women • defining VaW as violation of human rights • definition of ‘gender’ andits integrationinto the Convention • inclusion of ‘sexual orientation’ and ‘gender identity’ as impermissible grounds of discrimination • inclusion of VaW in armed conflict situations

  15. 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 intolegally binding norms • further expands and deepens existing global norms • calls for comprehensive responses to VAW • is a multi-purpose, flexible,implementableinstrument Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  16. 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 PACEsupport national elections and government changes Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

  17. 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

  18. 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 activecivil society support reservations??

  19. Thank you Women’s Human Rights and the Istanbul Convention Feride ACAR, Vienna 25 October 2013

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