A Year in Review: The Consequences of Turkey’s Withdrawal from the Istanbul Convention

One year ago, the announcement of Turkey’s withdrawal from the Istanbul Convention resulted in nationwide public outrage. The withdrawal took effect in July 2021, prompting thousands to take to the streets in protest against the unpopular decision. The pushback has persisted through several socio-political and economic crises in the country; consequently, the Turkish public is calling for significant systemic reform.

The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, also known as the Istanbul Convention, is a legally-binding international treaty that mandates national laws to prevent violence against women, safeguard fundamental rights, and prohibit all forms of discrimination. Since its conception in 2011, the Istanbul Convention has been signed by 45 countries and the European Union. 

Amid ongoing demonstrations in support of women’s rights and protections, conventionally conservative values have been pitted against these rights. A recurring criticism of the treaty by opposition groups makes the presumption that the treaty supposedly forces “gender ideology” into legislation by normalizing the legal protection and acceptance of marginalized groups. Disinformation campaigns emerged about the protections of the treaty, claiming that the Istanbul Convention undermined institutions such as family, government, and religion. In many signatory states, these false narratives have gained traction among the conservative factions calling for its removal. What should have been a turning point for gender equality in Turkey has now become politicized.

The Turkish government previously considered withdrawing from the landmark treaty despite being the first state to ratify it. The legality of the controversial decision was disputed by the Republican People’s Party, the main political opposition to the current regime. The withdrawal was decried by journalists, activists, and public figures to no avail, as it was finalized in 2021.

Violence against women and girls is a pervasive problem in Turkey and has been neglected in policy and legislative response over the last decade despite the existing obligations of enforcement. Turkey’s ranking as 133 out of 156 in the Global Gender Gap Report speaks to the depth of gender inequality among political representatives and the workforce. In 2021, Turkey saw little progress, if any, in advancing women’s rights in nearly every major sector.

According to a study conducted by the World Health Organization, one in three women globally are subjected to physical or sexual violence. Comparatively, over 40 percent of women and girls over the age of 15 in Turkey are estimated to have experienced such violence. Data disseminated about Turkey in 2014 noted that three in ten women were married before the age of 18. Of the women married by age 18, nearly half were exposed to physical violence. These statistics could be higher due to underreporting and the lack of official data on the matter. 

Visibility on an international level has been minimal as efficient data collection is necessary for accurate coverage. The measures necessary to mitigate violence cannot be gauged without relevant statistics, even if the Turkish government indicated any interest in doing so. 

One of the few remaining sources of legal protection for women in Turkey, domestic Law No. 6284, is rarely upheld in courts. Even when applied, it has received criticism for lacking the streamlined approach necessary to effectively safeguard women and girls against violence. Without the Istanbul Convention, Law No. 6284 is the only protection left, however ineffectual it may be. 

The systemic barriers preventing justice reflect the substantial discrepancies in sentencing and punishment. Among such stressors are the consideration of the “marry your rapist” law by policymakers, the forcible repatriation of refugees for protesting the withdrawal from the Istanbul Convention, perpetrators frequently being released shortly after arrests are made, and public figures facing potential charges for speaking out against violent crimes and offenders. 

The occurrence of femicide in Turkey continues to escalate, yet the reluctance to act has left a wider gap in the prospect of gender equality being realized. The government’s decades-long refusal to gather or disseminate data on femicide reflects the mentality with which equal rights and gender-based violence are approached. If the problem is swept under the rug and ignored indefinitely, one can pretend in reports and documentation that it never existed at all. 

As the first nation to formally withdraw from the Istanbul Convention, concerns persist that Turkey may have set a dangerous precedent in undermining the terms established by the treaty. Other signatories of the agreement may take a cue from Turkey’s withdrawal and follow suit, potentially leaving even more women and girls vulnerable to violence on a global scale. Hungary declining to ratify the agreement highlights this possibility, and reports from Poland indicate that far-right officials discussed replacing the treaty with a restrictive alternative that would ban same-sex marriage and access to safe abortions indefinitely. 

The adverse effects of withdrawal will undoubtedly continue to have far-reaching national and international implications. By abandoning an international legal instrument aiming to protect the rights of women, culprits are emboldened to act without fear of legal consequences beyond a few days of imprisonment. Women, already burdened by a pandemic that has heightened existing economic, social, and health inequalities, are further endangered by the treaty’s absence.

The 2020 murder of Pınar Gültekin, a 27-year-old student, triggered widespread public outrage and a social media campaign intended to bring awareness to the plights of women and girls in Turkey. Over a year later, the murder of Başak Cengiz, a 28-year-old architect, at the hands of a stranger made international news. The women killed by men before, between, and afterward will not be forgotten. As the situation worsens, the call from activists remains constant: The effective re-implementation of the Istanbul Convention is a necessary starting point to adequately address the surge of violence committed in recent years by men against women and girls. 

The campaign of misinformation about the agreement’s functions and mandate must be combated by all bodies of government, leadership, and media. It is also necessary to tackle the systemic factors contributing to the problem. In Turkey’s case, refusing to take a gender lens to policy and legislation has contributed to the normalization of violence within the system. 

The Turkish government must reverse the decision to withdraw from the Istanbul Convention and reinstate it with complete effectiveness. The tightening of restrictions on NGOs signals that local activists need external support. International organizations and networks can fund local initiatives, spread media awareness, strengthen partnerships and coordination mechanisms, and exert pressure onto the government to protect the fundamental rights of all people in Turkey.

A renewed global commitment to the effective implementation of the Istanbul Convention is necessary for all nations to preserve and enforce the laws intended to protect citizens from discrimination and violence. Turkey cannot be an exception to this standard. The Istanbul Convention must not merely be brought back into force; the Turkish government must commit to fully dismantling the systemic factors that created the national femicide and violence crises.