Violence against women and domestic violence in relation to the Istanbul Convention

• Author: Kadriye Bakirci
• Pages: 97-103

97

10 Violence against women and domestic violence in relation to the Ist anbul

Convention

10.1 General (legal) context

10.1.1 Surveys and reports on issues of violence against women and d omestic violence

On 25 November 2014, the Parliament decided to establish a parliamentary commission

for an enquiry into the problem of violence against women.264 Th e Commission prepared

a 700-pag e comprehensive report on the issue, published on 8 May 2015.265 The most

problematic area is the degree of vi olence seen in practice embedded by social norms,

culture and understanding. According to the report, different perceptions of violence by

men and women, a lack of awareness of types of viol ence other than physical violence,

societal acceptance of domestic violence, patriarchal and stereotypical views of a woman’s

traditional role, economic dependence on the perpetrator, and a lack of understandin g on

the part of women of their rights are among the factors hindering the fight against

violence. Therefore, awareness raising is of the utmost importance. Figures outlined in the

report show that, in 2014, 119 018 incidents of domestic violence were reported to the

police (51 739 in 2010, 62 682 in 2011, 90 177 in 2012, and 89 565 in 2013). Of the

163 564 victims, 118 014 were women, 29 410 were men and 16 140 were children. Of

the 234 people killed in domestic violence in 2014, 133 were women (113 women we re

killed in 2013, 98 in 2012, 91 in 2011 and 94 in 2010), 76 were men and 25 were children.

Provisional protection measures were applied to 87 081 people in 2014, of whom 77 288

were women and 9 793 were men.

10.1.2 Overview of national acts on violence against women, domestic violence and issues

related to the Istanbul Convention

One of the significant steps taken by Turkey relating to the seventh CEDAW period is that

in April 2011, it hosted in Istanbul the Convention for Eliminating Violence against Women

and Prevention of Domestic Violence adopted by the European Council (the Istanbul

Convention). Turkey became the first country to sign (on 11 May 2011) and ratify (on 14

March 2012). The Istanbul Convention has called attention to different dimensions of

violence against women and proposed important prevention measures and sanctions.

The Act on Protection of the Family and the Prevention of Violence Against Women, which

makes special reference to and draws on the Istanbul Convention (Article 1/2a), was

accepted unanimously in Parliament on 8 March 2012. This act abrogated the previous

Protection of the Family Act266 because the scope of the previous act was limited to the

family and therefore was not in compliance with the obligations under the Convention.

However the title of the current act is also open to criticism in that it locates women in the

family as their primary sphere of existence by using the words ‘protection of the family’

instead of ‘protection of the individual family members’.

264 Decision No. 1077, 25.11.2014, Official Journal 3.12.2014, No. 29194; Act on the Committee on Equality of

Opportunity for Women and Men (Kadın Erkek Fırsat Eşitliği Kanunu (No. 5840) Official Journal 24.3.2009,

No. 2717.

265 Report of the Grand National Asembly of Turkey Research Committee Established to Determine the

Measures to be Taken by Investigating the Reasons of Violence Against Women (Kadina Yönelik Şiddetin

Sebeplerinin Araştirilarak Alinmasi Gereken Önlemlerin Belirlenmesi Amaciyla Kurulan Meclis Araştirmasi

Komisyonu Raporu) 8.5.2015, For Part I of the report:

https://www.tbmm.gov.tr/sirasayi/donem24/yil01/ss.717-bolum-1.pdf; and for Part II:

https://www.tbmm.gov.tr/sirasayi/donem24/yil01/ss717-bolum-2.pdf.

266 TurkProtection of the Family Act (Ailenin Korunmasına Dair Kanun), No. 4320, Official Journal 17.1.1998,

No. 23233; See Bakirci, K. (2007), ‘Domestic Violence in International, European and Turkish Law’ (Aile İçi

Şiddetle İlgili Ulusal Mevzuatın Uluslararası Belgeler ve Avrupa Belgeleri Karşısındaki Durumu), Guncel

Hukuk Dergisi, Eylul. Bakirci, K. /Uygur G./ Yalcin Sancar T. (2007), The International, European and

Turkish Legislation on Violence Against Women in the Domestic Sphere (Aile İçi Şiddete ve Yetkili Kurum ve

Kuruluşlara İlişkin Mevzuat ve Değerlendirme Raporu (Uluslararası, Avrupa ve Türk Hukuk Mevzuatı)),

Research Project for the Turkish Prime Ministry, Department of Women’s Status.