T眉rkiye鈥檚 unilateral withdrawal from the Istanbul Convention 鈭� the Council of Europe鈥檚 Convention on Preventing and Combating Violence Against Women and Domestic Violence 鈭� in March 2021 has resulted in a critical setback for women and girls鈥� human rights in T眉rkiye. [1] On this International Women鈥檚 Day, two years later, we continue to call on the Turkish government to reverse its decision to withdraw from the Istanbul Convention.听听
The Istanbul Convention is the world鈥檚 first comprehensive and鈥痓inding treaty intended to prevent and prosecute all forms of violence against women and gender-based violence including domestic violence, sexual harassment, sexual violence, forced marriages, and forced abortions and sterilizations. [2] Its goal is to strengthen national and international policies鈥痶o eliminate all forms of violence against women in the private and the public spheres and to take steps to realize gender equality. The Convention also encourages state parties to implement its provisions in cases of gender, race, sexual orientation, and age-based violence and discrimination. 摆3闭听听
Ironically, T眉rkiye had the distinction of being the first country to sign the Istanbul Convention on 11 May 2011, which came about as a result of Turkish women鈥檚 fight for equality. According to constitutional experts, the presidential decree to withdraw was made in defiance of the Turkish Constitution and demonstrates the erosion of the rule of law in T眉rkiye during President Erdo臒an鈥檚 regime. [4] The withdrawal decision was consequently challenged in the courts. Over 200 appeals were filed in the top administrative court to invalidate the President鈥檚 decision. [5] The hearing at the State Council was the most crowded in the history of the administrative court, with over 500 people in attendance, and others barred from entering the conference hall due to police obstruction. [6]
It is particularly鈥痗oncerning that this decree was issued during a pandemic and lockdown that has left many women, children, and members of the LGBTQ+ community particularly vulnerable to violence. [7] When T眉rkiye鈥檚 presidential decree to withdraw was first reported, the UN Special Rapporteur on violence against women, the Chair of the Committee on the Elimination of Discrimination against Women, and other UN and regional human rights experts published a joint statement expressing 鈥渄eep regret鈥� at President Erdo臒an鈥檚 decision. [8] The UN experts specifically cited the 鈥渋ncreased risk of violence against women鈥� in the context of COVID-19, and the Special Rapporteur noted how the decision 鈥渟ends a dangerous message that violence against women is not important, with the risk of encouraging perpetrators and weakening measures to prevent it.鈥� [9]
Numerous studies, including those conducted by UN agencies, have shown that domestic violence and harassment against women has increased in most parts of the world, including T眉rkiye. [10] Femicides are also on the rise. [11] According to the 2022 annual report published by Turkish feminist organization, We Will Stop Femicide Platform (Kad谋n Cinayetlerini Durduraca臒谋z Platformu), 334 women were murdered by men in T眉rkiye last year. [12] At a time when diverse global women鈥檚 rights and feminist groups are working across borders for stronger norms, laws, and policies for gender justice and safety, the Turkish government has turned its back on essential and important measures that many fought for in the decades prior. It is profoundly disturbing that, in recent years, the Convention has been the target of disinformation campaigns in and beyond T眉rkiye, in which this seminal instrument to protect women鈥檚 rights and lives has been misleadingly framed as 鈥渘ormalizing homosexuality,鈥� and 鈥渋ncompatible with T眉rkiye鈥檚 social and family values.鈥�[13]听听
In May, in the wake of devastating earthquakes and heightened concern over executive power overreach, [14] T眉rkiye鈥檚 voters will once again make a pivotal decision about who will lead the country and what will be on the country鈥檚 agenda in the coming years. Kemal Kilicdaroglu, chair of the Republican People鈥檚 Party and the official opposition challenger to President Erdo臒an, has been vocal about his commitment to reintroducing the Istanbul Convention should his party come to power. [15] Whatever the outcome of what has been described as 鈥渢he most consequential election in the republic's 100-year history,鈥� [16] T眉rkiye must reconsider this decision and honour the country鈥檚 international obligations to recognize and affirm women鈥檚 rights. The Council of Europe must investigate the legality of T眉rkiye鈥檚 withdrawal from the Istanbul Convention from an international law perspective [17] and the international community must take concrete action to persuade T眉rkiye to reverse its decision.听
Professor Vrinda Narain鈥檚 research and teaching focus on constitutional law, social diversity and feminist legal theory.听 She is the author of two books: (University of Toronto Press, 2008) and (University of Toronto Press, 2001).听 Professor Vrinda Narain is the 2017 recipient of the Canadian Institute for the Administration of Justice鈥檚 Charles D. Gonthier Research Fellowship.She was Associate Dean, Academic, at the Faculty of Law from 2016 to 2019.听
[1]听See International Commission of听Jurists, 鈥淭urkey鈥檚 withdrawal from Istanbul Convention a setback for women and girls鈥� human rights鈥� (1 July 2021), online:听International Commission of Justice <>.听 See听alsoHuman听Rights Watch, 鈥淭urkey: Events of 2021鈥� (2022), online:听Human Rights Watch听<.
摆2闭听听International Commission of听Jurists,听supra听note 1.
[3]听See Amnesty International, 鈥淗ere鈥檚 why the Istanbul Convention Saves Lives鈥� (7 May 2021), online:听Amnesty International <>.
[4]听See generally Margaret Grieve, 鈥淭urkey鈥檚 Withdrawal from the Istanbul Convention鈥� (2021), online (pdf):听The Advocates for Human Rights听<>.
[5]听See Duvar English, 鈥淭op administrative court rejects all appeals against Erdo臒an鈥檚 exit from Istanbul Convention鈥� (18 November 2021), online:听听听听听
[6]听See Hamdi Firat Buyuk, 鈥淭urkish Court Urged to Annul Erdogan鈥檚 Withdrawal From Istanbul Convention鈥� (28 April 2022), online:听Balkan Insight听<.听 听
[7]听听See Kareem Fahim, 鈥淲omen protest in Turkey after government withdraws from treaty combating gender-based violence鈥� (1 July 2021), online:听The Washington Post听<>.听听
[8]听See United Nations Human Rights Office of the High Commissioner, 鈥淭urkey: Withdrawal from Istanbul Convention is a pushback against womens rights, say human rights exports鈥� (23 March 2021), online:听UNHCR <.听听
[10]听See UN Women, 鈥漇tatement by UN Women on Turkey鈥檚 withdrawal from the Istanbul Convention鈥� (20 March 2021), online:听UN Women听<.听听
[11]听See Ruth Michaelson &听Deniz Bar谋艧 Narl谋, 鈥淭urkish听women鈥榮 groups targeted as Erdo臒an fans flames of 鈥檆ulture war鈥欌�� (14 April 2022), online:听The Guardian听<.听
[12]听听See Stockholm Center for Freedom, 鈥漈op court refuses to annul Turkey鈥檚 Istanbul Convention withdrawal鈥� (3 January 2023), online:听SCF听<>.听听
[13]听See International Commission of Jurists,听supra听note 1.
[14]听See听Irem听Koca, 鈥淲hy Turkey鈥檚 earthquake response has President Erdogan under scrutiny鈥� (7 Feb听2023), online:听Toronto Star听<.
[15]听See Associated Press, 鈥漈urkish Court Upholds Exit From Treaty Protecting Women鈥� (19 July 2022), online:听US News听<>.听听
[16] See News Wires, 鈥漈urkish opposition chooses Kemal Kilicdaroglu to challenge Erdogan in 2023 poll鈥� (6 March 2023), online:听France 24 <>.
[17]听See听Ba艧ak听脟ali, 鈥淲ithdrawal from the Istanbul Convention by Turkey: A Testing Problem for the Council of Europe鈥澨�(22听March 2021), online:听EJIL!Talk听<.
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