Turkish officials have not hidden their pride over hosting such an exceptional event. The event's novelty is not only limited to the fact that the Council of Europe Convention on preventing and combating violence against women and domestic violence, adopted at a meeting of the ministers' deputies on April 6, will be opened for signature by member states at the ministerial session on May 11 in İstanbul.
The second exceptional characteristic of the event is its venue, since such ministerial-level meetings are generally hosted in Strasbourg. This time, on the occasion of Turkey’s handing over the rotating chairmanship to Ukraine, it is being hosted in İstanbul upon Ankara’s proposal.
This new landmark treaty of the Council of Europe opens the path for creating a legal framework at the pan-European level to protect women from all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence. The convention also establishes a specific monitoring mechanism in order to ensure effective implementation of its provisions by the parties.
The work for adopting such a convention has intensified after a landmark ruling by the European Court of Human Rights (ECtHR), which is the top European court of human rights. The ruling concerned Turkey and that lends more importance to the venue of the meeting.
On June 9, 2009, in a landmark case, the ECtHR found Turkey in violation of its obligations to protect women from domestic violence, and for the first time held that gender-based violence is a form of discrimination under the European Convention on Human Rights. On Sept. 9, 2009 the judgment was finalized, no request having been made under Article 43 of the convention for the case to be referred to the Grand Chamber.
The case was that of Nahide Opuz who, along with her mother, suffered years of brutal domestic violence at the hands of her husband. Despite their complaints, police and prosecuting authorities did not adequately protect the women, and ultimately Opuz’s mother was killed by her husband.
The new convention also has inclusive language covering lesbian, bisexual and transgender women. The document obligates signatories to “take the necessary legislative and other measures to promote and protect the right for everyone, particularly women, to live free from violence in both the public and the private sphere.” It is to be implemented without discrimination based on sexual orientation, gender identity and numerous other characteristics.
The convention will be presented to the foreign ministers of the 47 member states -- virtually all the nations in Europe -- for ratification at the May 11 meeting, with Davutoğlu, as the rotating chairman, putting the first signature on it.
Back in the autumn of 2010, Davutoğlu had listed Turkey’s five priorities in the forthcoming six months as being the reform of the Council of Europe and the ECtHR, strengthening monitoring mechanisms, accelerating the accession process of the EU to the European Convention of Human Rights and finding ways to overcome the challenges of multicultural European societies.
At the time, he announced that the fifth priority, which his country had initiated, was the establishment of the Group of Eminent Persons that will deal with challenges like the resurgence of intolerance and discrimination in multicultural European societies. The group has been expected to prepare a report within the context of the pan-European project “Living together in 21st century Europe.”
The group consists of nine high-ranking individuals with a specific expertise and a particular interest in the subject. The group is chaired by former German Foreign Minister Joschka Fischer. Former EU top diplomat Javier Solana, former EU Commissioner Emma Bonino and Ayşe Kadıoğlu of İstanbul-based Sabancı University are also among the members of the group.
The group will conclude its work with recommendations to the Council of Europe at the İstanbul meeting. In a recent interview, Kadıoğlu stressed that the aim of this reflection group is to revive the concept of “living together” and to inject it with new energy.
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