COMMENTARYIstanbul Convention

By Posted on: | 12 May 2017

The Council of Europe’s Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) is a comprehensive international treaty which seeks to harmonize parts of national legislation concerning violence against women and domestic violence.

Concerns regarding the Istanbul Convention have been expressed, given that:

-       It codifies a controversial, non-consensual definition of ‘gender’ as a social construct that is independent of biological reality.

-       It aims to eradicate any ‘tradition based on stereotyped gender roles.’ The binary view of mankind and of marriage, held by all major religions, may be stigmatized as a ‘tradition based on stereotyped gender roles’ and thus something that should be opposed in teaching materials or school curricula.

-       It could infringe on the right of parents to educate their children in accordance with their moral and religious convictions, especially by mainstreaming gender (as a social construct) in education. 

-       It calls for the establishment of a far-reaching monitoring mechanism (GREVIO)

-       EU accession could entail an unclear division of competence between EU Member States’ and EU, possibly even infringing Member States’ exclusive competence

The EU has been negotiating its accession to the Istanbul Convention for almost a year. On 11 May 2017, the Council adopted two decisions on the signing of the Istanbul Convention, within the limits of exclusive EU competence, and with a particular focus on asylum, non-refoulment and judicial cooperation in criminal matters (Articles 78 (2), 82 and 83 TFEU).

Read ADF International summary, extensive memo and factsheet on the matter.

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