RATIFICATION OF THE ISTANBUL CONVENTION AS A WARRANTY FOR THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE

Abstract

The Council of Europe’s Convention on preventing and combating violence against women and
domestic violence, otherwise known as the Istanbul Convention, represents a more advanced
legal instrument for the protection of women's rights, and for the protection of victims from
domestic violence. This Convention is a multilateral treaty among the member states of the
Council of Europe, as well as covering other non-member states and international organizations
that are interested in accession. Our country had signed the Convention on the 8
th of July 2011,
and ratified on 23rd of March 2018. From 1st of July 2018, the provisions of this convention are
an integral part of our country's positive legislation. This Convention provides a lot of guarantees
in preventing violence, protecting victims and punishing perpetrators. The Convention considers
violence against women to be a violation of fundamental human rights and discrimination. By
the act of ratification of this Convention, states undertake an obligation to criminalize some of
their violations in their domestic legislation, such as domestic violence (whether physical,
psychological or sexual violence), sexual mutilation, forced marriage, stalking, forced abortion
and forced sterilization, etc. States should overcome any eventual vacuum in their legislation,
and curtail any excuse based on the culture, tradition, or religion that had been previously
designated by the parties to excuse such violence by keeping it decriminalized. Also, this
Convention requires States to undertake coordinated actions of all competent state institutions,
together with non-governmental organizations, to jointly achieve results in preventing and
combating violence against women and domestic violence.