The Istanbul Convention: Turkey's Withdrawal from Its Own Women's Rights Legacy
By Zenisha Arora
In 2011, Turkey became the first country to ratify the Istanbul Convention, a landmark Council of Europe treaty aimed at preventing and combating violence against women and domestic violence. This agreement mandates that governments criminalize various forms of gender-based violence, including domestic abuse, marital rape, and female genital mutilation, while also providing support services for victims. Turkey's initial acceptance of the agreement was seen as a progressive step for a country bridging European and Middle Eastern traditions. However, in an unexpected turn of events, the nation that championed this treaty and provided the convention’s name ultimately withdrew from it. This decision left Turkish citizens bewildered and provoked significant international criticism.
38 European nations and the European Union have signed the Istanbul Convention, underscoring its broad acceptance and importance. President Recep Tayyip Erdoğan and his ruling Justice and Development Party (AKP) justified the withdrawal by claiming the convention was "hijacked by a group of people attempting to normalize homosexuality," which they argued was "incompatible with Turkey's social and family values." However, this justification seems tenuous at best. The treaty's primary focus is on safeguarding women's rights, with comprehensive aims centered on women's protection and not homosexuality. Moreover, the alarming statistics following Turkey's 2021 withdrawal highlight the treaty's crucial importance. In 2020, the last full year Turkey was part of the Convention, 300 femicide cases were recorded. However, in 2022, at least 392 women were killed by men in Turkey, with an additional 226 women dying under suspicious circumstances. These numbers demonstrate the persistent and severe nature of violence against women in the country, underscoring why the protections offered by the Istanbul Convention are so vital.
Distribution of registered femicides in Turkey in 2021, by perpetrator relationship
Further, the withdrawal undermined human rights obligations and was implemented undemocratically through a presidential decree, bypassing women, mandates, debates, and public consultation. This approach raises concerns about the erosion of democratic processes in Turkey and the increasing concentration of power in the executive branch. Many critics argue that this move was a calculated political maneuver by the government to appeal to conservative voters, effectively jeopardizing human rights for political gain. By framing the withdrawal as a defense of "traditional values," the ruling party sought to galvanize support from its conservative base, despite the potential cost to women's safety and rights. Thousands took to the streets of Istanbul to protest this move by the president, indicating significant opposition from the Turkish population. Turkey's withdrawal has been met with widespread international condemnation. The Council of Europe deemed it a "huge setback," and the European Union warned it could compromise the protection and fundamental rights of women and girls in Turkey. This decision has strained Turkey's diplomatic relations, particularly with EU nations, potentially affecting its EU membership aspirations. The government's willingness to sacrifice international agreements and human rights protections for short-term political advantage highlights a troubling prioritization of power consolidation over the welfare of its citizens.
In response to criticism, the Turkish government has pledged to combat violence and stated that they already have a law (Law 6284) in place to combat violence against women, which is why there is no need for this convention. However, these measures lack the comprehensive approach and international accountability provided by the Istanbul Convention. During discussions in the Grand National Assembly of Turkey, the title of Law No. 6284 was changed from "Draft Law on the Protection of Women and Family Members from Violence" to "Draft Law to Protect Family and Prevent Violence against Women." This shift sparked criticism from women's organizations and some parliamentarians, who argued that the new title reflects a troubling focus on protecting the "family" rather than prioritizing the individual rights and safety of women. Critics contend that this rebranding diminishes the law’s emphasis on women as individuals, instead reinforcing traditional gender roles by situating women primarily within the context of the family withdrawal sets a concerning precedent for women's rights globally, potentially emboldening other countries with rising conservative movements to retreat from their commitments to gender equality. Further, Law No. 6284 doesn't explicitly condemn violence against women that is excused as part of cultural traditions, such as "honor" killings. The Law should be amended to incorporate specific provisions that safeguard women's rights and recognize their inherent worth as individuals, independently of concepts like family honor. These changes would aim to ensure that women are protected and valued in their own right, rather than being defined solely by their role within the family or by cultural notions of honor.
Ultimately, Turkey’s withdrawal from the Istanbul convention marks a significant setback for women's rights, both within its borders and potentially on a global scale. The alarming rise in violence against women following the withdrawal underscores the Convention's crucial role in protecting vulnerable populations. This decision, implemented through undemocratic means, has not only jeopardized women's safety but also raised concerns about the erosion of democratic processes in Turkey. The repercussions of this withdrawal will likely be felt for years to come, as the world grapples with the tension between conservative values and progressive human rights ideals.
