Istanbul Convention

On this page

• Introduction
• Has your state ratified it?
• Reservations

Introduction

…“violence against women” is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender‐based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.

Council of Europe Convention on preventing and combating violence against women and domestic violence, Article 3a

The Council of Europe Convention on preventing and combating violence against women and domestic violence (the ‘Istanbul Convention’) was adopted in May 2011 and entered into force in August 2014. It is one of two treaties in the world exclusively focused on eliminating all forms of VAW (see also the Convention of Belem do Para). And, in terms of scope, it is the most advanced treaty in the work – creating a holistic and comprehensive legal framework to prevent VAW, protect survivors of violence and end impunity for perpetrators.

The Istanbul Convention adopts a 3 ‘P’ approach that can be found throughout other CoE Conventions (see, for example, the Anti-Trafficking Convention on Trafficking):

• Prevention of all forms of VAW
• Protection against all forms of VAW
• Prosecution of those accused of committing acts of VAW

Recognising that effective response requires more than measures listed above, the drafters also incorporated another ‘P’ into the Istanbul Convention’s framework: integrated Policies. These policies are not only aimed at tackling VAW through criminal law and proceedings, but also include policies aimed at promoting substantive equality between women and men. In this sense, the Istanbul Convention operates dualistically – as a human rights treaty and as a criminal law treaty, and seeks to build co-operation among all possible actors law enforcement,  the judiciary, NGOs, support services etc:

As a human rights treaty, the Istanbul Convention approaches VAW as a form of gender-based discrimination. This recognition reinforces States’ immediate obligation under international human rights law to end all forms of discrimination and guarantee substantive equality between women and men. Building on this principle (of non-discrimination), the Istanbul Convention contains the most inclusive non-discrimination clause in international law. In implementing the Istanbul Convention’s provisions, states are prohibited from discriminating against a list of categories which include, among others (Article 4(3)): sexual orientation, gender identity, migrants and women with disabilities. Article 12 also obliges states to produce transformative equality, through measures to “promote changes in the social and cultural patterns of behavior of women and men with a view to eradicating prejudices, customs, traditions and all other practices which are based on the idea of the inferiority of women or on stereotyped roles for women and men”.

As a criminal law treaty, the Istanbul Convention addresses all the sites at which VAW occurs (the family, the community, the state) and the perpetrators of those acts – states and non-state actors. It also lists and defines the forms VAW can take to identify specific criminal offences, which include:

• Psychological violence
• Stalking
• Physical violence
• Sexual violence, including rape
• Forced marriage
• Female genital mutilation
• Forced abortion and forced sterilisation
• Sexual harassment

By listing the forms which VAW can take, the Istanbul Convention dispels myths about the randomness or chance occurrence of the acts. Rather, it recognises VAW is deeply rooted in inequality and gender discrimination and requires states to criminalise the specific acts and take action to end them. Combined with the human rights principles of the treaty, states are thus obliged to prevent, investigate, punish and provide reparation for acts of violence perpetrated by both state and non-state actors. Some of these specific obligations may include:

• Preventing state authorities (police, institutions) as well as non-state actors from engaging in any act of VAW
• Establishing a holistic response to VAW through legislative and other measures, including providing transformative reparations for acts of violence
• Incorporate the principle of equality between women and men in national constitutions
• Cooperate with civil society and other organisations to establish a coordinated response to tackling VAW

This section is a summary of Professor Christine Chinkin’s presentation to the CEDAW Committee Working Group in charge of updating General Recommendation No. 19 and other women’s rights experts working in the NGO sector, academia and practice. 

Want more? Publications on specific articles within the Istanbul Convention and other resources on thematic issues related to VAW can be accessed on GREVIO’s website.

Reservations

Under Article 78(2) states parties are allowed to reserve the right not to apply, or apply only in specific cases, certain provisions within the Istanbul Convention:

2   Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply or to apply only in specific cases or conditions the provisions laid down in:

• Article 30, paragraph 2;
• Article 44, paragraphs 1.e, 3 and 4;
• Article 55, paragraph 1 in respect of Article 35 regarding minor offences;
• Article 58 in respect of Articles 37, 38 and 39;
• Article 59.

A number of states have used this right and declared reservations to the Secretary General. For example, the Republic of Slovenia has declared reservations against each of the provisions allowed for under Article 78(2) of the Convention.

Want more? View a list of reservations by country

• Legal implications of EU accession to the Istanbul Convention (including summaries in French, German and English)
• Why hasn’t the british government taken this vital step against gender violence? An article by Professor Christine Chinkin on the importance of ratifying the Istanbul Convention

Icon Key