The Istanbul Convention: A Genuine Confirmation of the Structural Nature of Domestic Violence against Women within a Human Rights Law Framework?
The Istanbul Convention: A Genuine Confirmation of the Structural Nature of Domestic Violence against Women within a Human Rights Law Framework?
This chapter analyses the recently adopted Istanbul Convention in the special context of domestic violence against women. Before the adoption of the Convention, human rights bodies developed several approaches in order to address the issue in particularly last three decades. However, all these developments occurred within existing, mostly gender neutral and non-binding human rights law instruments, particularly in Europe. This picture has been reversed entirely by the adoption of the Istanbul Convention. For the first time in Europe, the Convention gave legally binding status to the fact that domestic violence in its nature is a manifestation of historically unequal power relations between women and men and therefore prevalent. This affirmation of the historical nature of the problem is strengthened through its 4(P)s structure bringing detailed measures to be taken by state parties to eliminate the problem. This chapter argues that the Istanbul Convention constitutes the strongest confirmation of the ordinary and structural nature of the problem of domestic violence against women within international human rights law.
Keywords: Istanbul Convention, domestic violence against women, human rights law, women’s rights
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