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This book evaluates the effectiveness of current international human rights law, and in particular the recent Istanbul Convention, in eradicating so-called honour killings in Turkey. So-called ‘honour killings’ have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. The book argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing of women in the name of ‘honour’. Using feminist approaches, in particular the intersectionality approach, the study looks at the application of such standards as well as the current obstacles. Through such a lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent Violence Against Women and questions the judicial approach to the implementation of the women’s right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights law and feminist legal theory.
Since the mid-1990s, increasing international attention has been paid to the issue of violence against women. However, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law.
The Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210) is the first legally binding instrument to address violence against women and domestic violence in Europe. It contains a wide range of obligations aiming to prevent violence, protect its victims, prosecute the perpetrators, implement coordinated policies and promote international co-operation. It also envisages a monitoring mechanism. The convention recognizes violence against women as a violation of human rights and is a major step forward in achieving gender equality in law and in fact.
This study analyses male-female violence in comparison to state-citizen violence. The author argues that norms and values in Turkey are a reflection of processes that accommodate oppression, the intersection of which develops the argument that ‘women are to men, what the citizen is for the state, in the context of Turkey.’ Gender theory, and patriarchal theory in particular, are explored in this book to describe the logic and design of gender-based violence and its relationship with political sociology.
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
Examining the rise of global women's human rights and their interpretation and application to Turkey, Nüket Kardam provides an in-depth study that applies global norms - including women's empowerment, overcoming violence against women, and gender and good governance - to a specific locale in order to examine events post application. The volume examines whether a gender equality regime exists and looks into the Turkish attempt at compliance. Moreover, it analyzes the tension between abstract universalism, Western enlightenment values, and local values and identities, including the role of Islam regarding women's rights. This groundbreaking study also includes research on the women's movement in Turkey, its discourses and its relationship with the state from the 1980s onwards, during which time multilateral and bilateral donors, and the European Union came to exert more influence, and new civil society partnerships were formed with the state.
This Handbook is an important contribution to the recent history of and contemporary debates on feminist, gender, and women’s studies seen in a global perspective. It tackles current developments in the area by examining their multiple configurations in different countries across the world and taking stock of the tensions and controversies that have recently emerged against and within the field. The volume brings together essays from renowned feminist and gender studies academics from the Global North and Global South, together with early stage, emerging scholars. The diversity of the geopolitical and disciplinary locations and the quality of their reflections provide rich, wide-ranging, and interdisciplinary discussions that are rarely found in similar collections, making this an essential resource for advanced students and academics in the field.
For in-depth coverage of gender issues in human rights law, from theory and cultural practices to legal instruments and the case law of international tribunals, this major three-volume work is without peer. More than 100 leading authorities in the field offer trenchant analyses of problems and solutions, crimes and abuses, available recourses, areas of empowerment -- the entire spectrum of women's rights, discussed at a level of detail and legal awareness unavailable in any other single source. Published under the Transnational Publishers imprint. The print edition is available as a set of three volumes (9781571050946).
Around the world, discriminatory legislation prevents women from accessing their human rights. It can affect almost every aspect of a woman's life, including the right to choose a partner, inherit property, hold a job, and obtain child custody. Often referred to as family law, these laws have contributed to discrimination and to the justification of gender-based violence globally. This book demonstrates how women across the world are contributing to legal reform, helping to shape non-discriminatory policies and to counter current legal and social justifications for gender-based violence. The book takes case studies from Brazil, India, Iran, Lebanon, Nigeria, Palestine, Senegal, and Turkey, using them to demosntrate in each case the varied history of family law and the wide variety of issues impacting women’s equality in legislation. Interviews with prominent women's rights activists in three additional countries are also included, giving personal accounts of the successes and failures of past reform efforts. Overall, the book provides a complex global picture of current trends and strategies in the fight for a more egalitarian society. These findings come at a critical moment for change. Across the globe, family law issues are contentious. We are simultaneously witnessing an increased demand for women’s equality and the resurgence of fundamentalist forces that impede reform, invoking rules rooted in tradition, culture, and interpretations of religious texts. The outcome of these disputes has enormous ramifications for women’s roles in the family and society. This book tackles these complexities head on, and will interest activists, practitioners, students, and scholars working on women's rights and gender-based violence.
The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.