Turkey Considering Withdrawing from the Istanbul Convention

Home , Istanbul Convention

Source: Flickr Keywords: Turkey, Women, Femicide, Istanbul Convention, Violence against Women, Domestic Violence, challengeaccepted, womensupportingwomen Turkey Considering Withdrawing from the Istanbul Convention

How this irony threatens women

By Pratha Garkoti

Turkish President Erdogan’s Justice and Development Party (AKP) is in discussion on pulling Turkey out from the Council of Europe ‘Convention on Preventing and Combating Violence against Women and Domestic Violence’, also known as the Istanbul Convention. The grounds on which it is being debated by some orthodox and religious group members is that the treaty is a tool of western imperialist powers to undermine traditional family values and structures. For a country that has been experiencing a rise in the number of cases of femicides every year, even debating this sends the wrong message that violence against women and domestic violence is acceptable and fundamental to ‘traditional’ family values. This makes it imperative to understand why the Istanbul Convention is necessary for the protection of women, as well as deconstruct how family values are built on religious interpretations that are more often than not complicit in violence against women.

NEW DELHI, August 19 2020 - The black and white photo challenge with tags like #ChallengeAccepted and #WomenSupportingWomen trended worldwide on social media a few weeks back. It started as a way for women to highlight the increase in femicides in Turkey and the plight of Turkish women who wake up every day to see black and white photos of murdered women on newspapers and social media. According to a report published in January 2020 by the platform ‘We Will End Femicide’, 474 women were murdered as a result of male violence in Turkey in 2019, out of which 417 died in domestic violence cases. 134 women were killed by their husbands, 15 by fathers, 13 by brothers, 29 by uncles, 25 by sons, and others by male acquaintances, stalkers or sources not found. The society often conditions us to believe that strangers are a threat, however, this data makes a terrifying read, as most worryingly these perpetrators are not strangers, but rather men who are family. Family members are capable of inducing physical, psychological, verbal and sexual abuse. However, since this ‘domestic’ abuse and violence by the males of the domestic unit sit within the historical and traditional understandings of family and

2 marriage, it is not taken seriously. This makes the introduction and the contribution of the Istanbul Convention an important and necessary step because it is the first European treaty to specifically target violence against women (VAW) and domestic violence.

Understanding the Istanbul Convention

The Istanbul Convention came into force in 2014. As a human rights treaty, it views VAW and domestic violence as a violation of human rights and a form of discrimination against women which includes all acts of gender-based violence that result or are likely to result in physical, sexual, psychological or economic harm or suffering to women (Article 3). Divided into 12 chapters and consisting of 81 articles, it contains the highest international standards on recognising, preventing and combating violence against women, with its foundation being its emphasis on preventing violence, protecting victims and survivors, and prosecuting the perpetrators. Regarding prevention in Chapter III, it asks States to invest in measures like education and awareness-raising to eradicate customs and traditions that promote gender stereotypes, and also to set up treatment programmes aimed at teaching perpetrators about VAW and domestic violence to prevent them from re-offending (Articles 12-17). Chapter IV of the Convention asks States to take necessary legislative steps to ensure that there are appropriate mechanisms to protect and support the victims, survivors and witnesses of all forms of violence. These measures include providing adequate and timely information on available support services like financial assistance, legal and psychological counselling, easily accessible sexual violence reporting authorities and referral centres for medical and forensic examination, shelters, and 24/7 telephone helplines (Articles 18-28). Prosecution and procedural law are discussed in Chapter VI wherein the convention asks States to ensure that effective investigations, prosecution and judicial proceedings in relation to all forms of violence are carried out promptly and appropriately. It grants the authorities the power to not only prohibit the perpetrator from contacting or entering the residence of the victim but to also ensure that

3 appropriate restraining orders are available to victims without any financial or administrative burdens. (Article 49-58). Upon ratification, States are required to change their laws and follow the legally binding standards of the Convention to effectively combat violence against women and put an end to the impunity enjoyed by the perpetrators.

The debate in Turkey

This Convention was opened for signatures in 2011 in Istanbul. Turkey signed it on the same day and also became the first country to ratify it on 14th March 2012. President Erdogan even proudly declared how his country was the first member of the Council of Europe to sign it. However, fast forwarding to 2020, and Turkey is contemplating its own decision. It is important to highlight how Turkish politics has undergone Islamization and nationalisation over the last few years. One of the reasons for this is that Erdogan formed the ‘People’s Alliance’ with the far-right Nationalist Movement Party (MHP) in 2017 and won the 2018 elections. The MHP, which is known for its euroscepticism and ultranationalism, was important for the re-election of Erdogan as the President which is primarily why he seeks their support, but it is also the same group which has been opposing the Istanbul Convention. Playing on the cards that it was adopted at a time when Turkey’s policies were West oriented, the MHP believes that the Istanbul Convention is merely a tool to introduce the liberal western lifestyle in Turkey via a promotion of gender politics that supports LGBTQ identities. The Convention contains no such clause promoting the LGBT way of life. It is merely a false narrative being used by the ultraconservatives to spread their own anti-western and anti-LGBTQ rhetoric. Similarly, they also equate the Istanbul Convention to a bomb set to destroy Turkey’s traditional family values and structures. Stemming from a rise in the number of cases of divorces, this belief is being used to justify how the Convention is breaking up families and threatening Article 41 of the Turkish Constitution which states that “the family is the foundation of Turkish society”. However, the same article also mentions how the State shall take necessary measures to especially protect women and children, but that is clearly not happening.

The support to the convention is naturally coming from feminist organisations like the Women and Democracy Association (KADEM) who are rightly pointing out how the convention does not in any way endanger the integrity of the family. They are highlighting how religious groups view religion as the foundation that determines fundamental values and view of the family, and since they believe that anything mentioned by their religion can never be wrong, they profess and propagate the archaic patriarchal ideas that women are the property of men who are to be used as ‘birthing machines’. A statement released by the Ismailağa Congregation even mentioned how the Convention “imposes missions that are in opposition with women’s purpose of creation.” Women finally being able to challenge these ideas has left some religious groups feeling threatened. Many women are now getting the opportunity to participate in the public sphere where they are educating themselves about their rights and are talking about their subjugation. They know that there are systems and authorities that could help them and they also know that a family should be about equality. VAW is one mechanism through which women are forced into subjugation, and in a traditional, patriarchal family setting where there is already a hierarchical dichotomy between a man and a woman, it is not surprising to see that domestic violence is not seen as a problem. This in turn has normalised violence inflicted by the males in the households. Looking at the data on femicides in Turkey, women have been killed for abhorrent misogynistic reasons including not accepting a marriage proposal, wanting a divorce, taking personal decisions about their own lives or due to economic reasons. We should not forget that hierarchy is always contingent upon power, control and inequality which ultimately leads to violence because those in power sustain what’s superior and what’s subordinate. It is not surprising to note that women are the latter. If a woman wants to leave an abusive family or a marriage, she should have the liberty to do so without any fear and the Istanbul Convention is one mechanism which helps make that possible.

Looking forward

It is ironic how Turkey wants to withdraw from a Convention that bears the name of its most famous city. This has the potential to only make matters worse for Turkish women as the number of femicides is rising every year. We are eight months into 2020 and 266 women have been killed already. Moreover, according to Monument Counter which e-commemorates women who lost their lives due to domestic violence in Turkey, at least 3,194 women have been murdered between 2008-2020. To witness all these baseless attacks on a treaty which is meant to counter VAW is worrying. We talk about creating an equal world but it can never happen if women are oppressed whilst the State turns a blind eye. The Convention is not against traditional family values in and of themselves but rather against them if those same values are used to justify violence against women. Gender-responsive actions and protection of women are often tokenized and appear to be only on paper, far away from actual implementation. We need coordinated efforts from all authorities to tackle the issue of VAW. Moreover, to really address and eradicate the issues of violence against women and domestic violence, it is important to think about long-term solutions as well. Whilst immediate support, shelters, 24/7 helplines and protective measures are crucial, it would be extremely incorrect to assume that gender equality can be achieved simply through these. It is important to also fund preventive measures like education and spreading awareness about gender equality. Customs, cultures, traditions, and stereotypes are biased which is why we ought to transform all these attitudes that perpetuate the idea that men are superior to women. It is indeed correctly said that prevention is better than cure.

NOTES [1] Ramesh, Mythreyee, 2020. What #ChallengeAccepted Has to Do with Turkey – And Femicide. [Online] Available at: https://www.thequint.com/neon/gender/what-challenge-accepted-has-to-do-with-turk ey-a-femicide [Accessed 19 August 2020]. [2] Chowdhury, Shraddha, 2020. Explained: Is Instagram’s B/W Challenge really about femicide in Turkey? [Online] Available at: https://www.cntraveller.in/story/explained-challenge-accepted-black-and-white-photo s-women-instagram-turkey-femicide-social-media/ [Accessed 19 August 2020].

[3] We Will End Femicide Platform, 2020. 2019 November Report of We Will End Femicide Platform. [Online] Available at: http://kadincinayetlerinidurduracagiz.net/veriler/2890/2019-report-of-we-will-end-femi cide-platform [Accessed 19 August 2020]. [4] Walsh, Jeannette & Spangaro, Joanne, 2017. Global understandings of domestic violence. Nursing and Health Sciences, Volume 17, pp. 1-4. Available at: https://onlinelibrary.wiley.com/doi/pdf/10.1111/nhs.12197

[5] Council of Europe, 2011. Council of Europe Convention on preventing and combating violence against women and domestic violence. [Online] Available at: https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168008482 e [Accessed 19 August 2020]. [6] Leinarte, Dalia, 2017. Gender inequality and discrimination should be tackled to address violence against women [Interview- Organisation for Security and Co-operation in Europe] (1 December 2017). Available at: https://www.osce.org/magazine/360061

[7] Nordic Monitor, 2020. President Erdoğan’s neo-nationalist ally Perinçek urges Turkish government to withdraw from Istanbul Convention. [Online] Available at: https://www.nordicmonitor.com/2020/08/president-erdogans-neo-nationalist-ally-peri ncek-urges-turkish-government-to-withdraw-from-istanbul-convention/ [Accessed 19 August 2020]. [8] Cramer, Alexandra de, 2020. Is Erdogan about to make Turkey a more dangerous place for women?. [Online] Available at: https://www.timesnownews.com/columns/article/is-erdogan-about-to-make-turkey-a- more-dangerous-place-for-women/639479 [Accessed 4 October 2020]. [9] Köylü, Hilal; Karakas, Burcu; Derya, Daniel, 2020. Femicide on the rise in Turkey. [Online] Available at: https://en.qantara.de/content/violence-against-women-femicide-on-the-rise-in-turkey [Accessed 24 August 2020]. [10] Republic of Turkey, 1982. Constitution of the Republic of Turkey. [Online] Available at: https://www.refworld.org/docid/3ae6b5be0.html [Accessed 2 September 2020].

[11] Butler, Daren; Coskun, Orhan; Altayli, Birsen, 2020. Turkey considering quitting treaty on violence against women: ruling party. [Online] Available at: https://www.reuters.com/article/us-turkey-women/turkey-considering-quitting-treaty-o n-violence-against-women-ruling-party-idUSKCN2511QX [Accessed 19 August 2020]. [12] Unker, Pelin; Bellut, Daniel Derya, 2020. Bombing the heart of the family in Turkey? [Online] Available at: https://en.qantara.de/content/the-istanbul-convention-and-womens-protection-bombi ng-the-heart-of-the-family-in-turkey [Accessed 28 August 2020]. [13] Yetkin, Murat, 2020. The Istanbul Convention vs. an Islamist congregation? [Online] Available at:

7 https://yetkinreport.com/en/2020/07/09/the-istanbul-convention-vs-an-islamist-congre gation/[Accessed 19 September 2020]. [14] The Monument Counter, 2020. Digital Memorial for Women Dying of Violence. [Online] Available at: http://anitsayac.com/?year=2020 [Accessed 19 September 2020].