WHAT IS THE ISTANBUL AGREEMENT?
The Council of Europe Convention on the Prevention and Combating Violence Against Women and Domestic Violence (which is called the Istanbul Convention), which opened for signature in Istanbul on 11 May 2011, entered into force on 1 August 2014. The Istanbul Convention is an International Convention on Human Rights, which sets out the basic standards on violence against women and domestic violence and states’ obligations on this issue.
According to the last paragraph of Article 90 of the Constitution
“International contracts, duly put into effect, are in the force of law.”
Therefore, the provisions of the Istanbul Convention have the same power as the laws as a legal effect.
WHAT ARE THE BASIC PRINCIPLES OF THE ISTANBUL AGREEMENT?
The Istanbul Convention is the first international convention to be binding on violence against women in order to protect, prevent and eliminate violence against all kinds of public and private areas.
The four basic principles of the contract are;
WHAT IS THE AIM OF THE ISTANBUL AGREEMENT?
The purpose of the contract is:
a. to protect women against all forms of violence and to prevent, prosecute and eliminate violence against women and domestic violence,
b. Promote significant equality between women and men, including contributing to the elimination of all forms of discrimination against women and empowering women,
c. Designing a comprehensive framework, policy and measures to protect and assist all victims of violence against women and domestic violence;
D. to promote international cooperation in order to eliminate violence against women and domestic violence;
to. To provide support and assistance for organizations and law enforcement units to cooperate effectively with each other in order to adopt a holistic approach to eliminate violence against women and domestic violence.
WHAT DOES THE AGREEMENT AGAINST WOMEN ACCORDING TO THE CONTRACT?
From violence against women; Any acts of human rights violation and discrimination against women are understood. This term, whether it occurs in public or private life, as all gender-based acts of violence that may result in physical, sexual, psychological or economic harm and suffering to women, including the threat to engage in such actions, coercion, or random restraint of freedom. It will be understood.
The term female also includes girls under the age of 18.
SÖZLEŞMENİN DEVLETLERE YÜKLEDİĞİ YÜKÜMLÜLÜKLER NELERDİR?
According to the 4 articles of the contract:
“The parties will take the necessary legal and other measures to promote and protect the right of everyone, especially women, to live in the public and private sphere without violence.”
Again according to article 4 of the contract:
“The Parties are concerned with the provisions of this Convention, especially measures to protect the rights of victims, gender, gender, race, color, language, religion, political or other view, national or social origin, connection with a national minority, property, birth, sexual orientation. they will ensure that they are implemented without discrimination on any basis, such as gender identity, health status, disability, marital status, immigrant or refugee status, or other status. ”
As can be seen, the Istanbul Convention imposes the act of treating states that are parties to the contract, women and all parts of society equally, guaranteeing their fundamental rights and freedoms and developing policies accordingly. In this regard, the Istanbul Convention, T.C. It is compatible with the basic principles of the Turkish Constitution and the Turkish Republic stated in the Constitution, the Social State Principle, the Equality Principle, the Democratic State Principle and the State Principle Respecting Human Rights, which are listed in the article 2 of the Constitution, titled “Qualifications of the Republic”.
Therefore, since the Istanbul Convention is a duly enforced International Convention, it is binding in the status of law. It does not constitute any contradiction to the Constitution, on the contrary, it envisages the fulfillment of the actions that comply with the basic dynamics and principles of our Constitution.
We conclude our article by sharing the 2nd Article of our Constitution:
T. C. Constitution – Qualifications of the Republic – Article 2
“The Republic of Turkey, public peace, national solidarity and justice within, respectful of human rights, linked to Atatürk nationalism, initially based on the fundamental principles of a democratic, secular and social state of law.”