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Bu araştırmada İstanbul Sözleşmesi yürürlüğe girmeden önce ve sonra Millî Eğitim Bakanlığı, Talim ve Terbiye Kurulunun onayı ile okullarda kullanılan Sosyal Bilgiler ders kitaplarının görsel ve metinlerinin toplumsal cinsiyet eşitliği yönüyle incelenmesi ve karşılaştırılması amaçlanmıştır. Araştırmada nitel araştırma yöntemlerinden biri olan doküman incelemesi kullanılmıştır. Araştırmanın verileri 2011-2013 yılları ile 2016-2020 yılları arasında Millî Eğitim Bakanlığı, Talim ve Terbiye Kurulunun onayı ile ortaokullarda kullanılan her bir sınıf düzeyine (5., 6. ve 7.sınıf) ait Sosyal Bilgiler ders kitapları kullanılarak elde edilmiştir. Verilerin analizinde içerik analizinden yararlanılmış olup ders kitapları, başka bir yazar tarafından hazırlanmış olan kategoriler çerçevesinde incelenmiştir. Araştırma sonucu, İstanbul Sözleşmesi sonrası kullanılan ders kitaplarında sözleşmenin ilgili alana dair amacına yönelik verimli ve kapsamlı düzenlemelerin yapılmadığını ortaya çıkarmıştır. Ders kitaplarının incelemesinde kullanılan kategorilerin bazılarında İstanbul Sözleşmesi sonrası olumlu gelişmelerin olduğu görülse de kategorilerin geneli için erkeklerin kadınlardan oransal olarak çok daha fazla temsil edildikleri, görünürlüklerinin daha yüksek olduğu saptanmıştır. Dahası İstanbul Sözleşmesi sonrası kullanılan ders kitaplarında toplumsal cinsiyet eşitliğine dair olumsuz örnek gösteriminin ve cinsiyetçi ifade kullanımının devam ettiği de belirlenmiştir. Elde edilen bulgular neticesinde ders kitabı inceleme ölçütlerine ve öğretim programı hazırlama çalışmalarına ilişkin önerilerde bulunulmuştur.

The problem addressed in this article is the challenge that identity claims stemming from identity politics, commonly recognized as left liberalism, pose to the secularity of the modern legal order. The paper: (1) postulates human dignity as the highest value and assesses the potential of philosophy and law to find a balance among the conflicting demands posed by this value; (2) identifies constitutional principles and/or jus cogens as the basis for the identification and appraisal of identity claims; (3) describes major identity claims embodied in the Istanbul Convention and appraises them on the basis of the principles; (4) ascribes identity politics and its claims to a worldview with traits of a religion, termed culturalism, as their condition. The conclusion proposes alternative decisions (de lege ferenda) more in accord with the principles, most notably with the freedom of thought, conscience and religion. [ABSTRACT FROM AUTHOR]

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This article analyses the new Law on Protection from Domestic Violence, which entered into force on 1 July 2023, and established emergency barring orders in Lithuania. The article discusses why there was a need for a new protection institute and analyses similar existing institutes in international law. The analysis relies on the practice of the European Court of Human Rights and the United Nations Committee on the Elimination of Discrimination against Women, taking into account the Council of Europe Convention on preventing and combating violence against women and domestic violence and the Proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence. The article also critically reviews the decision-making algorithm behind issuing (or not issuing) an emergency barring order and discusses the emerging practice of national courts in cases where the decision to issue (or not to issue) an emergency barring order is appealed.

The global rise in domestic violence has promted international preventive efforts such as the Istanbul Convention, which bans mandatory alternative dispute resolution for all forms of violence. This created a challenge in aligning public justice policies and balancing mandatory mediation schemes with adequate victim protection. This article seeks to offer an in-depth analysis of the main concerns in the implementation of mandatory family mediation in domestic violence cases in the context of the Istanbul Convention, and to provide an overview of some of the practical solutions that can be deployed to overcome these issues. This research commences with a review of the existing scientific literature and an overview of international regulation in the field of the application of mediation in the context of domestic violence, focusing primarily on the provisions of the Istanbul Convention. This is followed by a comparative study that considers the national legislation of Lithuania, Bulgaria and Ukraine in order to highlight differences in the application of mediation in domestic violence cases and to determine how the Istanbul Convention has influenced mediation practices in the selected countries. This reveals that compliance with the prohibition on mandatory mediation in the Istanbul Convention has an impact on the level of protection afforded to domestic violence victims, but does not guarantee it per se, thus contributing to uncertainty regarding how victims will be treated during mediation. Additional guidelines, standards or protocols should be employed to assist mediators in determining domestic violence and in tailoring the mediation process accordingly. It is therefore strongly suggested that, to ensure effective measures for the protection of victims of violence, additional national legislation should be adopted to screen for signs of violence in mandatory mediation and to propose specific approaches to the necessary steps to be taken in mediation in the context of domestic violence.

Gender-related issues feature prominently on the EU’s agenda and in policies such as the Gender Equality Strategy 2020–2025 which identifies gender equality as a core principle of the EU. Within the broader convergence discourse which examines whether candidate countries are converging with the EU, prompted by Turkey’s withdrawal from the Council of Europe Istanbul Convention and the Sofagate incident, this paper conducts a gender-centric convergence analysis in the case Turkey. To this end, it uses five gender-focused indices compiled by the Varieties of Democracy (V-Dem) project. The empirical results from the convergence tests do not provide evidence supporting convergence in terms of these five gender-related indices. The findings of the present study concur with the existing relevant literature and should be viewed in the broader context of Turkey’s democratic backsliding and de-Europeanization process.

This article analyses the new Law on Protection from Domestic Violence, which entered into force on 1 July 2023, and established emergency barring orders in Lithuania. The article discusses why there was a need for a new protection institute and analyses similar existing institutes in international law. The analysis relies on the practice of the European Court of Human Rights and the United Nations Committee on the Elimination of Discrimination against Women, taking into account the Council of Europe Convention on preventing and combating violence against women and domestic violence and the Proposal for a directive of the European Parliament and of the Council on combating violence against women and domestic violence. The article also critically reviews the decision-making algorithm behind issuing (or not issuing) an emergency barring order and discusses the emerging practice of national courts in cases where the decision to issue (or not to issue) an emergency barring order is appealed. [ABSTRACT FROM AUTHOR]

This paper focuses on campaigns against the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). These campaigns not only obstructed ratification processes in a number of countries, but also that the openly hostile and highly gendered attacks had a direct impact on women's rights activists and their work, seriously hindering their work, but also affecting their well-being and safety. In this paper we explore the violent implications of the campaigns against the Istanbul Convention which are part of wider anti-gender campaigns. We argue that the violence of the campaigns and the violent implications should be considered gendered political violence, which effectively marginalizes women and other targeted groups and obstructs their participation in society and politics and as such is central to current autocratization tendencies and undermining of democracy. [ABSTRACT FROM AUTHOR]

The article dwells upon the current Ukrainian legislation, which is being changed both at the legislative and legal level in connection with ratification of international conventions and practice of the ECtHR, which is the source of criminal responsibility under the Law of Ukraine "On the implementation of decisions and application of the practice of the European Court of Human Rights". Although the Istanbul Convention was signed by Ukraine back in 2011, it was ratified only on February 1, 2022. However, over the past 5 years, the national legislation has been brought into line with the requirements of the Convention and the practice of the ECtHR, but the change of legislation must be in line with the national legislation. We analyzed these inconsistencies and conflicts, which, in our view, relate more to the responsibility for the act of domestic violence. The types of punishment and penalties do not correspond to the purpose of the punishment, which is studied in more detail in the article. Besides, a large number of repetition and recidivism shows that the purpose of punishment, namely the correction of the sentenced person, does not reach its goal. The judicial statistics concerning administrative and criminal responsibility over the last three years was analyzed. The analyzed data of the polled police officers who are responsible for the regulation of problems in the family related to domestic violence are presented. As a result, conclusions and proposals to the current legislation were developed to improve the situation in the appointment of penalties and punishment for domestic violence. [ABSTRACT FROM AUTHOR]

This article discusses the issue of so-called forced marriages, the criminalisation of which was introduced into Polish criminal legislation by the Act of 13 January 2023 amending the Code of Civil Procedure and some other acts. Introducing the provisions of Article 191b into the Criminal Code aims to fulfil the obligation arising from Article 37 of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence of 11 May 2011 (Journal of Laws of 2015, item 961). In addition to outlining the statutory features of new types of crimes, the article addresses issues such as criminal liability, the concurrence of regulations, and the issue of the so-called cultural defence. [ABSTRACT FROM AUTHOR]

According to recent scholarship, populist governments engage in “unpolitics,” a repudiation of politics as the process of resolving conflict, including on the level of the EU. We propose that the conditions provided by the Council preparatory bodies, namely constructive negotiation culture, focus on technical details and containment of a negotiation outside of mediatised venues, might hamper the emergence of unpolitics. We test this argument by tracing the process of the EU’s accession to the Istanbul Convention on preventing and combatting violence against women and domestic violence, concluded in June 2023. This case study serves as a hard case for our theory because gender equality as a policy area is susceptible to tactics of unpolitics and right-wing populists have employed populist critique of the Istanbul Convention in their domestic contexts. Having analysed multiple data sources, including interviews with negotiators in the Council of the EU, official EU documents, and media coverage, we find little evidence of unpolitics in the case of the Council’s negotiation of the EU’s accession to the Istanbul Convention. We suggest that decision-making venues such as Council preparatory bodies can mitigate phenomena associated with populism, such as the use of unpolitics tactics in EU decision-making.

The authors analyze the concept of the criminal offense of rape in Serbian criminal legislation. The focus is put on the objective elements of the crime, especially the actus reus. Authors seek to examine the compliance of our legislation with the Istanbul Convention, but also to consider the standings and interpretations of domestic court practice. The legal description of this crime has changed significantly, starting with the amendments from 2002. Legislative changes reflected contemporary criminal law trends and are positively evaluated by domestic jurisprudence. Nevertheless, the interpretation of certain elements of the legal description of the criminal offense from Art. 178 of Criminal Code (CC) causes practical problems and misunderstanding. Theoretical analysis is of great importance for solving these dilemmas, especially considering their practical importance. The authors aim to provide a contribution by pointing out to the real meaning of the respective provisions of the Istanbul Convention. The authors argue that the current understanding of the scope of this legislative concept (the concept of the actus reus of the crime of rape) is not fully in accordance with the text and meaning of this important act of international law. Compliance with the Convention, however, does not require legislative changes, but an adapted interpretation of actus reus as an objective element of the legal description of this incrimination. The authors analyze court practice, and in particular one judgment of the Supreme Court from 2019, which, in their opinion, could represent an exemplary model for future court practice.

The article is devoted to the analysis of the features of bringing criminal responsibility for committing domestic violence. It has been proven that the establishment of criminal responsibility for committing domestic violence is important for the following reasons: firstly, from the point of view of protecting the rights of victims, since domestic violence is one of the most serious forms of violation of rights, it endangers social values, such behavior can encroach on mental and physical health, honor, dignity, sexual freedom and sexual integrity; secondly, its establishment is part of Ukraine’s international obligations; thirdly, when domestic violence is criminalized, victims are more likely to seek help from law enforcement agencies, they are certain that their complaints will be carefully considered and their rights will be protected; fourth, criminalizing domestic violence helps prevent illegal behavior. At the same time, there are still certain problematic aspects related to bringing criminal responsibility for committing domestic violence. The mentioned actualizes the research of the chosen issue. Special attention is paid to the importance of the Convention of the Council of Europe on the prevention of violence against women and domestic violence and the fight against these phenomena of 11.05.2011 in the establishment of criminal liability for the commission of domestic violence and the changes made to criminal and criminal procedural legislation in connection with bringing the legislation into compliance with the norms of the Convention. The statistical information of appeals regarding domestic violence and criminal proceedings considered by the court was analyzed. The problematic aspects of criminal responsibility for committing domestic violence include: 1. Establishing the systematicity of domestic violence. 2. Inefficient investigation. 3. Attribution of domestic violence to cases of private prosecution. It was concluded that the criminalization of domestic violence is a significant step on the way to European integration, Ukraine’s fulfillment of international obligations, and protection of victims of domestic violence. Taking into account the shortcomings and challenges that have arisen in connection with bringing guilty persons to criminal responsibility, it is proposed to carry out the following measures: firstly, the development of a clear judicial practice in the matter of establishing systematicity as a sign of a criminal offense provided for in Article 126-1 of the Criminal Code of Ukraine, secondly, the formation of a nondiscriminatory attitude towards victims among law enforcement officers and, in general, the formation of intolerance to any manifestations of domestic violence in society; third, the exclusion of domestic violence and crimes related to domestic violence from private prosecution cases. [ABSTRACT FROM AUTHOR]

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İstanbul Sözleşmesi’nin asıl adı ‘Kadınlara Yönelik Şiddet ve Aile İçi Şiddetin Önlenmesi ve Bunlarla Mücadeleye İlişkin Avrupa Konseyi Sözleşmesi’dir. 11 Mayıs 2011'de İstanbul'da imzaya açılmış olması nedeniyle kısaca "İstanbul Sözleşmesi” denmektedir. Türkiye, sözleşmeye imza atan ilk devletlerden biri olmuştur. Sözleşmenin duyulması ve incelenmesi sonucunda hem hukukî hem de dinî ve kültürel açıdan bazı olumsuzluklar ihtiva ettiği görülmüştür. Bu nedenle 20 Mart 2021 tarihinde Resmî Gazetede yayımlanan 3718 sayılı cumhurbaşkanı kararıyla ve Sözleşme’nin 80. maddesinin müsaade ettiği şekilde, Türkiye sözleşmeden çekilme kararı almıştır. Sözleşme konusu ve amacı itibariyle tüm insanlar için önem arz etmektedir. Özellikle şiddet ve kadına karşı şiddeti önlemek bütün insanların görevidir. Toplumun en küçük birimi olan ailedeki eğitimden, devleti yönetenlerin çıkaracağı kanunlara kadar bütün katmanlarda önemsenmesi gereken ve üzerinde durulması gereken bir konudur. Bu bağlamda şiddetin giderilmesi için hem ulusal hem de uluslararası alanlarda çalışmalar yapılmalıdır. Fakat bu çalışmalar yapılırken toplumların değer yargıları göz önüne alınmalı ve alınan kararların doğuracağı olumlu ve olumsuz durumlar iyi incelenmelidir. Sözleşme imzalandığı günden beri tartışma konusu haline gelmiştir. Her ne kadar sözleşmeden çekilmeyi eleştirenler varsa da sözleşmenin mevcut haliyle Türk aile yapısına, dinî ve kültürel değerlerine uymayan maddeler ihtiva ettiği ile ilgili ciddi çalışmalar yapılmıştır. Yapılan çalışmalarda sözleşmenin bazı olumlu taraflarına değinilmekle birlikte sakıncalar ve olumsuz sonuçları ile ilgili değerlendirmeler yapılmıştır. Sözleşme, İslam hukuku açısından birkaç çalışmaya konu olmuş ve farklı açılardan değerlendirilmiştir. Bu çalışmamızda da sözleşme İslam dini ve İslam hukuku açısından ele alınarak değerlendirilecek ve görülen birçok soruna değinilecektir. Bu çalışma giriş ve iki bölümden oluşmaktadır. Birinci bölümde sözleşmede geçen bazı kavramlar kısaca incelenmiş, ikinci bölümde ise yedi başlık altında sözleşmedeki maddeler ele alınarak İslam hukuku açısından değerlendirilmiştir. İstanbul Sözleşmesi ile kadına karşı şiddetin önlenmesi hedeflenmekle birlikte sözleşme içeriği incelendiğinde bazı sakıncalar görülmektedir. Bu sakıncaların başında aile kavramının yok sayılması, nikâh sonucu olmayan birlikteliklerin meşru görülmesi, eşcinselliğin normalleştirilmesi, küçük yaşlardan itibaren cinsiyetsizleştirmenin zemininin hazırlanması gibi konular bulunmaktadır. Ayrıca 18 yaş altı çocukların evlilik dışı ilişkilerinin suç sayılmamasının yanında 18 yaş altı rızaya dayalı evliliklerin suç sayılması gibi durumlar da bu bağlamda düşünülebilir. Sözleşme eşcinsellerle ilgili doğrudan bir madde içermese de satır aralarında cinsiyetsizliğe çokça atıflar bulunmaktadır. Aile ve nikâh kavramları neredeyse hiç önemsenmemekte hatta nikâhsız birlikteliklere meşruiyet arz edecek tutumlar görülmektedir. Sözleşmede toplumların değer yargıları bazen açıkça bazen ise üstü kapalı bir şekilde eleştirilmekte hatta küçümsenmektedir. Bütün bu sorunlar çerçevesinde sözleşmenin özelde İslam hukuku genelde İslam dini açısından sıkıntılar barındırdığı aşikârdır. Hatta sözleşme bu haliyle sadece İslam dininin değil diğer semavi dinlerin de değerleri ve hükümleri ile çelişkiler arz etmektedir. Yapılması gereken bu sözleşme vesilesiyle hukukî, dinî, sosyal ve psikolojik boyutlarıyla, şiddetin sadece kadın özelinde değil bütün boyutlarıyla ele alınarak incelenmesidir. Sonuç olarak öncelikle ahlakî eğitimle, ekonomik düzenlemelerle ve kanun çalışmalarıyla şiddet, topumda en aza indirilmeye hatta yok edilmeye çalışılmalıdır. Bu yapılırken kadın ve erkeğin birbirinin rakibi değil tamamlayıcısı olduğu, ailenin kadınların özgürlüğünü engelleyen bir kurum değil de toplumu sulh ve selamete kavuşturacak bir kurum olduğu bilinmelidir. Ayrıca kadın ve erkek cinsiyeti dışında bir cinsiyetin olmadığını ve eşcinselliğin toplumsal, psikolojik sebeplere dayalı bir rahatsızlık olduğunu ve giderilmesi için çalışmalar yapılması gerektiğini göz önüne almak gerekir. Sözleşmeye dayalı olarak bazı feminist ve LGBTİ taraftarı grupların İslam’ın kadına değer vermediği veya kadını aşağıladığı ile ilgili görüşler de ayrıca üzerinde durulması gereken bir konudur. Oysaki Cahiliyye toplumunda kadının durumu ve İslam geldikten sonra koyduğu ilkeler ele alındığında kadına verilen değerin ne kadar yüksek olduğu açıkça görülecektir. Müslümanlar arasında uygulamalarda bazı sorunların olması İslam dinine yüklenemez. Bu ayrım iyi yapılmalı ve konular birbirine karıştırılmamalıdır.

In this paper, we will look over some of the most important and widely spread international commitments in terms of achieving gender equality and empowering women such as the Beijing Declaration and Platform for Action, the 2030 Agenda for Sustainable Development and the Istanbul Convention, with a particular focus pointed towards the issues in implementing these ground-breaking gender equality treaties and initiatives. The paper offers an overview of the way a specific state, Romania, manages to implement these kinds of commitments in general terms, if and how the Romanian Government has succeeded in implementing the legislative packages necessary for the harmonisation of the national legislation with the international commitments taken by the government, what statistic position among European countries does Romania occupy in terms of gender equality and what are the recommendations provided by the United Nations for dealing with Romania’s gender equality issues. Lastly, a more in detail examination of the current framework used to teach gender equality in the national education system will be provided, touching on subjects such as gender balance among education staff, the cognitive, socio-emotional and behavioural learning objectives set by UNESCO and how they apply to gender to gender issues in the school curriculum for all ages in Romania.

The relevance of the stated issue is explained by the constant increase in the number of reports of domestic violence in the vast majority of European countries. The purpose of the study is to conduct a comparative analysis of the legal framework for protecting women from domestic violence in Western European countries using the examples of Italy, Germany, and France. General theoretical methods of research, namely abstract-logical, systemic-functional, analysis and synthesis, and the comparative method, were used in the paper. It was clarified that the criminalisation of domestic violence victims has become a gradual trend in Western European countries. Protective measures such as issuing protection orders, using Global Positioning System bracelets to track perpetrators, and increasing responsibility for committing domestic violence have been implemented. The necessity of criminalising the crime of stalking was justified in Ukraine. Western European countries actively combat domestic violence in general and towards women in particular. It is established that the feature of the German legal system is the presence of specialised police units whose activities are aimed at protecting victims of domestic violence. France focuses on developing state programmes aimed at protecting individuals who have experienced family violence. In all analysed countries, the legislation ensures the protection of domestic violence victims through the issuance of protective orders. The analysis of the legislation of Italy, Germany, and France disclosed features of legal regulation regarding the protection of women from domestic violence and identified advantages and disadvantages that may exist in this area. The results of the study can be used in the research field as a basis for further studies on the protection of women from domestic violence and in legislative activities, providing recommendations for changes to Ukrainian legislation.

The main purpose of this article is to analyse the Council’s practice of ‘common accord’ as the argument behind the tardiness of accession to the Istanbul Convention by the European Union. It presents how political and legal factors condition the accession of the Istanbul Convention by the European Union. In light of the Court of Justice Opinion 1/19, there are no legal obstacles to the accession; therefore, the tardiness of ratification arose from the political context, which consists of the EU’s constitutional crisis, populists in power, and liberal decision-makers succumbing to them. Based on the sociological assumption, the case study confirms the existence of the practice of ‘common accord’ as an effect of the conditions mentioned above. Nevertheless, the social need to access the Istanbul Convention is urgent.

Copyright of Public & Private International Law Bulletin is the property of Public & Private International Law Bulletin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Public & Private International Law Bulletin is the property of Public & Private International Law Bulletin and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this paper, we will look over some of the most important and widely spread international commitments in terms of achieving gender equality and empowering women such as the Beijing Declaration and Platform for Action, the 2030 Agenda for Sustainable Development and the Istanbul Convention, with a particular focus pointed towards the issues in implementing these ground-breaking gender equality treaties and initiatives. The paper offers an overview of the way a specific state, Romania, manages to implement these kinds of commitments in general terms, if and how the Romanian Government has succeeded in implementing the legislative packages necessary for the harmonisation of the national legislation with the international commitments taken by the government, what statistic position among European countries does Romania occupy in terms of gender equality and what are the recommendations provided by the United Nations for dealing with Romania's gender equality issues. Lastly, a more in detail examination of the current framework used to teach gender equality in the national education system will be provided, touching on subjects such as gender balance among education staff, the cognitive, socio-emotional and behavioural learning objectives set by UNESCO and how they apply to gender to gender issues in the school curriculum for all ages in Romania. [ABSTRACT FROM AUTHOR]

The research paper is devoted to the coverage of some pressing issues of the criminal law response to illegal abortion from the standpoint of applying the comparative research method. In particular, it has been shown that at the current stage of the development of Ukrainian law, the comparative legal method acquires a special meaning and practical significance, especially in the context of the analysis of issues of the Special Part of the Criminal Law. Positions of domestic and foreign authors who defend the position that comparative jurisprudence, in addition to the performance of purely scientific tasks, is aimed at achieving specific practical results, in particular: 1) unification of legislation, i.e. promotion of unification of legislation of different countries in priority areas - where there is a need for a consolidated approach, particularly in the field of criminal law; 2) improvement of national legal systems - this is about developing proposals for improving national legal systems based on a critical and comprehensive study of the positive legal experience of other countries. According to the results of the author's study of the relevant provisions of foreign legislation, there is a lack of a clearly defined and unified approach to the legal regulation of artificial termination of pregnancy. It was established that in some countries abortions may be allowed, in others they are allowed only under certain circumstances, while in others they are prohibited altogether. The thesis is expressed that the difference in approaches to the legal regulation of artificial termination of pregnancy is also reflected in different approaches to the criminal-legal protection of the rights of a pregnant woman, in particular the right to life, health, freedom and other aspects related to the performance of abortions. Based on the research results, the author's conclusion was formulated that in order to improve the mechanism of criminal law regulation of a woman's right to abortion in Ukraine, it is scientifically and practically required to take into account the relevant experience of the countries of the European Union, primarily the Republic of Poland and the Federal Republic of Germany - this will contribute to adequate transformation and improvement of domestic legislation in the context of active European integration. [ABSTRACT FROM AUTHOR]

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The Council of Europe Convention on preventing and combatting violence against women and domestic violence (further: Istanbul Convention) became part of the Polish legal system on August 1, 2015. The ratification process of the Istanbul Convention was marked with difficulties from its very opening for signature. The provisions of the Convention have caused - and continue to arouse - a range of extreme emotions and doubts. The fierce dispute that has emerged over the implementation of the Convention in Poland at some point even led to action being taken for termination. As things have been to date, Poland has not terminated of the Istanbul Convention. Five years following ratification of the Convention, in March 2020, Poland submitted a report on the implementation of measures giving effect to its provisions into the Polish legal system, as required under the monitoring mechanism. Poland's report was considered by GREVIO, with an assessment made of Polish legislation in this regard and an evaluation report issued in June 2021. Notwithstanding the comments that Poland made to the GREVIO report, the key conclusions of the assessment should be highlighted as regards compliance of Polish criminal legislation with the standard of protection of women against violence, including domestic violence, under the Convention. Since the Convention was opened for signature, and in particular since its ratification, the Polish legislator has introduced a range of amendments to the Criminal Code aimed at raising the standard of protection for victims of domestic violence and of effective prosecution of offenders. This text highlights the most important of these changes and presents the current state of implementation of the Istanbul Convention into Polish criminal law. [ABSTRACT FROM AUTHOR]

This paper focuses on campaigns against the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). These campaigns not only obstructed ratification processes in a number of countries, but also that the openly hostile and highly gendered attacks had a direct impact on women’s rights activists and their work, seriously hindering their work, but also affecting their well-being and safety. In this paper we explore the violent implications of the campaigns against the Istanbul Convention which are part of wider anti-gender campaigns. We argue that the violence of the campaigns and the violent implications should be considered gendered political violence, which effectively marginalizes women and other targeted groups and obstructs their participation in society and politics and as such is central to current autocratization tendencies and undermining of democracy.

The Council of Europe Convention on preventing and combatting violence against women and domestic violence (further: Istanbul Convention) became part of the Polish legal system on August 1, 2015. The ratification process of the Istanbul Convention was marked with difficulties from its very opening for signature. The provisions of the Convention have caused – and continue to arouse – a range of extreme emotions and doubts. The fierce dispute that has emerged over the implementation of the Convention in Poland at some point even led to action being taken for termination. As things have been to date, Poland has not terminated of the Istanbul Convention. Five years following ratification of the Convention, in March 2020, Poland submitted a report on the implementation of measures giving effect to its provisions into the Polish legal system, as required under the monitoring mechanism. Poland’s report was considered by GREVIO, with an assessment made of Polish legislation in this regard and an evaluation report issued in June 2021. Notwithstanding the comments that Poland made to the GREVIO report, the key conclusions of the assessment should be highlighted as regards compliance of Polish criminal legislation with the standard of protection of women against violence, including domestic violence, under the Convention. Since the Convention was opened for signature, and in particular since its ratification, the Polish legislator has introduced a range of amendments to the Criminal Code aimed at raising the standard of protection for victims of domestic violence and of effective prosecution of offenders. This text highlights the most important of these changes and presents the current state of implementation of the Istanbul Convention into Polish criminal law.

This article analyzes some of the constitutional tactics that we most frequently see deployed by anti-gender movements and illustrates them with examples drawn from the comparative practice of various countries. To do so, it focuses on some of the most controversial and prioritized thematic areas in the constitutional battles led by such movements, such as reproductive rights, gender violence, gender studies and same-sex marriage or unions. [ABSTRACT FROM AUTHOR]

This study aimed to explore the perceptions, concerns, and strategies of LGBTQ social media activists in Turkey. Through semi-structured interviews with 20 LGBTQ social media activists, we investigated how they navigate cultural and political challenges and utilize social media for activism purposes. Our findings revealed that LGBTQ activists in Turkey strive to balance the risks and benefits of being online activists. They aim to avoid punishment from society and the government while simultaneously asserting their existence and amplifying their voices through social media. In addition, the study highlights the concerns of activists regarding both state and lateral surveillance. [ABSTRACT FROM AUTHOR]

The paper deals with the nature of female genital mutilation (FGM) as a highly gendered, harmful practice, which has in the meantime been formalized as a crime. Especially the Istanbul Convention is regarded as the driving force behind this legal development. But beyond that, this Convention, as well as the Convention of Belem do Para and the Maputo Protocol before that, have defined and located the very nature of FGM within the violence against women. By doing so, prior (false) beliefs and attempts to legitimize them due to cultural, social or religious reasons have become obsolete. The aim of this paper is to show the nature of FGM within the aforementioned instruments.

The subject of the article is to present the regulations of the Polish legal order aimed at combating and preventing domestic violence and juxtapose them with the obligations under the provisions of the Istanbul Convention. The article aims to answer the question of whether the Polish legal system makes it possible to effectively combat and prevent domestic violence in accordance with the announcements coming from the Polish political scene regarding the denunciation of the Istanbul Convention. Although recent amendments to the laws on combating and preventing domestic violence led to more effective combat against it and improve the situation of victims, it is also necessary to point out some deficiencies that have not yet been addressed by the Polish legislator.

The relevance of this study is due to the lack of an effective mechanism to combat domestic violence in Ukraine and an insufficiently effective system of prevention and protection against domestic violence, which creates an atmosphere of impunity and leads to the spread of this phenomenon in Ukraine. The purpose of the article is to analyze the genesis of legal regulation of domestic violence in Ukraine and determine the problems Ukraine faces during this process. The article dwells on the historical aspect of domestic violence phenomena and considers former legal regulations of it. The article also reveals some problems deriving from the historical aspect of combating domestic violence, which is still in place nowadays. Their detrimental impact on combating domestic violence is as well considered.

This article investigates the historical aspects of physical violence in intimate relationships. The primary purpose is to illustrate the legal aspects and emotional dynamics of physical violence in intimate relationships, focusing on differences in perspective of various historical eras. We analyzed the Istanbul Convention, which represents a base document for preventing physical violence in domestic environments. In addition, we have analysed curriculum in kindergarten. We have discovered that the topics from the Istanbul Convention are incorporated in the kindergarten.

INTRODUCTION. The institute for the protection of women both at international and national levels taking into account the ongoing discussions on the term “gender” is considered in the article. The authors examine the distinction between concepts “sex”, “gender” and “gender identity”, enshrined in international legal acts and documents, the States’ positions and approaches to their use, including on the example of the implementation of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention.MATERIALS AND METHODS. During the research the authors used different international legal documents, including international treaties, recommendations of the United Nations treaty bodies, reports of the special rapporteurs and international experts, outcome documents of international conferences, as well as doctrinal sources and national legislation of foreign countries. The study was carried out based on general scientific and special scientific methods. The methods of legal modeling and forecasting were widely used in the analysis in order to define prospects for possible future studies and development of international human rights law on the protection of women from violence and domestic violence.RESEARCH RESULTS. Demonstrating different approaches to understanding the term “gender” in protecting women from violence and domestic violence, implemented by international organizations and States, the authors examined factors that influence the position of national authorities of a number of countries when considering the possibility of accession or ratification of the core international legal acts in this area on the example of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence.DISCUSSION AND CONCLUSION. The authors came into conclusion that the problems of violence against women and domestic violence should be viewed through the lens of gender equality concept, which does not entail the elimination of biological differences between two sexes and does not encourage women and men to change their social roles. The article stresses the need for an internationally agreed definition of the term “gender” in order to strengthen the legal and institutional mechanisms for a more efficient practical implementation of measures to combat violence against women and domestic violence.

The article is devoted to some topical issues of establishing the characteristics of a victim of a crime, provided for in Art. 134 of the Criminal Code. A generalized review of the concept of the victim in criminal law science has been made. Attention is drawn to the fact that the doctrine of the victim has an interdisciplinary nature - the criminal-legal, criminological and criminal-procedural concepts of the victim are distinguished: 1) criminal-legal - the victim of a criminal offense; 2) criminological - a victim of the crime; 3) criminal procedure - a victim in criminal proceedings. It has been established that the domestic legislator directly refers to the victim of abortion (sterilization): the relevant parts of Art. 134 of the Criminal Code on forcing abortion or sterilization without the voluntary consent of the "victim". The author's opinion is expressed that, in the context of responsibility for illegal abortion, the legislator could specifically indicate a woman, and in the second case - alternatively, a woman or a man. In the context of a legal comparison of the provisions of Art. 134 of the Criminal Code and Art. Art. 38 and 39 of the Istanbul Convention, taking into account the systematic approach to the interpretation of legal acts, attention was drawn to the following: a) in the prescriptions of the convention, when it comes to forcing a woman to undergo certain actions (genital mutilation), there is no normative reference to her informed consent; and in the case of an abortion or surgical sterilization of a woman, in the absence of a sign of coercion, a sign of prior and informed consent or understanding of the procedure on the part of the woman is used; b) the domestic legislator provided in part 2 and part 4 of Art. 134 of the Criminal Code, respectively, forcing an abortion / sterilization without the victim's voluntary consent. The domestic approach has been subjected to reasoned criticism, since in the theory of criminal law, the sign of coercion traditionally excludes the consent of the victim - these concepts are mutually exclusive. It is shown how the victim of the investigated crime is mentioned in judicial practice; at the same time, a small number of verdicts passed under Art. 134 of the Criminal Code. [ABSTRACT FROM AUTHOR]

The stimulus for writing the paper was an invitation to participate in the academic conference "St. John Paul II's natural law legacy and international human rights: toward a century of persuasion", organized by Cardinal Stefan Wyszynski University and Ave Maria International School of Law. I offered to share the Latvian experience of the last twenty-five years in the field of the defence of family values, taking into account cooperation between different religious communities in Latvia. The study is based on selected international and Latvian law documents, as well as documents dealing with the issues raised and published in Latvian mass media. In the cited joint letters of religious leaders and my articles from 2002, an analysis is cited regarding the facts and materials in the field of defence of conceived life and family values. The article provides insights into the main topics discussed in Latvian society over the last two decades. [ABSTRACT FROM AUTHOR]

Bu çalışma İstanbul Sözleşmesi özelinde Türkiye’deki muhafazakâr kadınların cinsiyetçi yaklaşımlara karşı tutumlarını konu edinmektedir. Muhafazakâr kadın gazetecilerin görüşleri ele alınarak ortaya çıkan bu çalışmada görüş ayrılıkları, benzerlikler ve İstanbul Sözleşmesi’nin Türk halkı nezdinde nasıl bir konumda olduğu konu edinilmiştir. İlk olarak İstanbul’da imzalanması sözleşmenin bu ismi almasına vesile olmuştur. Ortaya çıkış amacı aile içi şiddeti önlemek olan bu sözleşmenin muhafazakâr camiada hem savunucuları hem de karşıtları bulunmaktadır. Bu durumun da bir kutuplaşmaya yol açtığı görülmektedir. Öyle ki sözleşmeye karşı çıkanlar bazı savunanlar tarafından şiddet yanlısı olarak nitelendirilmektedir. Aynı şekilde sözleşmeyi savunan muhafazakârlar da sözleşmeye karşı çıkanların bir kısmı tarafından LGBT savunucusu olarak görülmektedir. Her iki tarafın da kendilerince pek çok sebebi bulunmaktadır. Çoğunluğu Müslüman Türk bireylerden oluşan Türkiye’de Batı kaynaklı bir sözleşmenin yürürlüğe girmesi tartışılan konulardan biri olmuştur. Din, gelenek ve kültürel anlamda tamamen farklı bir toplumun kurallarının Türk medeniyetine ve aile yapısına uymadığı ifade edilerek eleştirilmiştir. Burada eleştirilen akımlardan birisi de feminizm olmuştur. İslami feminizm adı altında ortaya çıkan feminizm türü diğer İslam ülkelerinde olduğu gibi Türkiye’de de ortaya çıkmış ve bir kesim tarafından eleştirilmiştir. Eleştirenler tarafından İstanbul Sözleşmesi’nin de feminist bakış açısıyla yazıldığı ifade edilerek sözleşmenin objektif olmadığı öne sürülmüştür. Aslında Türk toplumunun ve özellikle de İslamiyet’in kadına özel bir değer verdiği görülmektedir. Ancak feminizm kadına değer vermekten ziyade karşı cinse yönelik nefret içerikli tutumlar benimsediğinden eleştirilmektedir. Bu çerçevede sözleşme hem dini ve kültürel anlamda bu topluma uygun olmadığı hem de cinsiyetçi bir tutum sergilediğinden ötürü eleştirilmektedir. Sözleşmeyi savunanlar ise özellikle son zamanlarda artan kadın cinayetlerinin bu sayede son bulacağı görüşündedirler. Kadını adeta zırh gibi koruyacağını ve yürürlükten kaldırılmasının büyük yanlış olduğunu ifade etmektedirler. Onların nezdinde İstanbul Sözleşmesi kadına şiddetin önündeki en büyük settir. Ancak sözleşme karşıtları bu görüşe sözleşmenin yürürlükte kaldığı süre boyunca artan kadın cinayetlerini göstererek karşı çıkmaktadırlar. Kadınların gözünden incelemek sözleşmenin amacına uygun olarak vazifesini tamamlayıp tamamlamadığını da gözler önüne serecektir. Özellikle muhafazakâr camianın kadınlarının bu sözleşme hakkındaki düşünceleri oldukça önemlidir. Görüldüğü gibi aynı dini ve kültürel değerlere sahip olan kadınlarda bile sözleşmeyi hem savunan hem de sözleşmenin kalkması için çabalayanlar olmuştur. Bu fikir ayrılıklarının dayandığı noktayı belirlemek oldukça önemlidir. Çalışmamızın amacı İstanbul Sözleşmesi özelinde açığa çıkan –özellikle muhafazakâr camiada- görüş ayrılıklarını ortaya koyarak nedenlerini açıklamaya çalışmaktır. Bundan dolayı çalışmamızda yalnızca muhafazakâr kadın gazetecilerin köşe yazıları, röportajları vs. incelenerek ele alınmıştır. Çalışmamız nitel yöntem tekniklerinden söylem analizi kullanılarak hazırlanmıştır. Sözleşmeye karşı çıkan 7 ve sözleşmeyi savunan 7 muhafazakâr kadın gazetecinin sözleşmeye yönelik görüşlerine ve savunma ya da karşı çıkma gerekçelerine yer verilerek tartışılmıştır. Belirtilen muhafazakâr kimliğiyle tanınan kadınların sözleşme hakkında yazmış oldukları köşe yazıları veyahut gerçekleştirmiş oldukları röportajlar ayrıca okunarak analiz edilmiştir. Özellikle sözleşmenin en fazla tartışma konusu olan maddelerine değinilerek tartışma nedenleri açıklanmaya çalışılmıştır. Muhafazakâr kadınların İstanbul Sözleşmesi’nde yer alan bazı kavramlara karşı çıktığı görülmektedir. Aynı şekilde sözleşme taraftarları da kendi düşüncelerine göre bu ifadeleri savunmaktadır. Sonuç olarak iki taraf arasında büyük oranda bir kutuplaşma olduğu görülmektedir. Sözleşme yürürlükten kaldırılmış olsa dahi bu kutuplaşmanın toplumdaki varlığının devam ettiği görülmektedir.

Romania ratified the Istanbul Convention on 23 May 2016, and this can be considered a very important moment in the history of fighting gender-based violence. The Istanbul Convention is considered to be the most far-reaching international treaty addressing violence against women and domestic violence by offering a detailed and comprehensive set of provisions together with important and overarching preventive and protective measures in fighting these phenomena. Nevertheless, there are voices openly criticizing the Convention and advocate for different countries to withdraw from the international agreement. Given the abovementioned context, in my article I will first try to make an analysis of the arguments that made the Convention into the gold standard in protecting women and girls’ rights. Secondly, I will briefly present how and why this “gold standard” has been contested. Last but not least, using the document analysis method, I will attempt a critical review of the way in which Romania responded to the Istanbul Convention requirements, underlining the most important conceptual and legal developments/adjustments that have been done.

The main purpose of this article is to analyse the Council's practice of 'common accord' as the argument behind the tardiness of accession to the Istanbul Convention by the European Union. It presents how political and legal factors condition the accession of the Istanbul Convention by the European Union. In light of the Court of Justice Opinion 1/19, there are no legal obstacles to the accession; therefore, the tardiness of ratification arose from the political context, which consists of the EU's constitutional crisis, populists in power, and liberal decision-makers succumbing to them. Based on the sociological assumption, the case study confirms the existence of the practice of 'common accord' as an effect of the conditions mentioned above. Nevertheless, the social need to access the Istanbul Convention is urgent. [ABSTRACT FROM AUTHOR]

Copyright of Sociologija/Sociology: Journal of Sociology, Social Psychology & Social Anthropology is the property of MOD International and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The international community has come a long way in recognizing women's human rights. Efforts to address sexual violence as an independent human rights crime and its reflection in international and regional instruments continue. Sexual violence and its instances before entering directly into international documents have been considered in the rulings of international criminal courts and under the criminal headings of war crimes, crimes against humanity in the framework of a systematic and widespread attack. However, its formulation as a crime against humanity due to the gross human rights abuses, irrespective of it having been perpetrated in peace or war or the aggression-victim relationship, are noteworthy innovations recognized in the 2011 Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, known as the Istanbul Convention. This research, with a qualitative approach and descriptive-analytical method, will examine the provisions of this convention on identifying the dimensions of violence against women, the conceptual development of the crime of rape, the envisaged mechanisms including legislative, judicial and executive, the analysis and the process from globalization to the humanization of human rights, and the changing role of international law and its impact on the protection of women against violence.

Taking into account the analysis of international legal documents, current legislation, ECHR practice, national case law, the peculiarities of preventive measures in the investigation of criminal offenses related to domestic violence have been singled out, in particular those relating to the grounds for preventive measures, the circumstances taken into account election, the procedure for electing restrictive measures. It is proved that the meaning of the concept of "criminal offense related to domestic violence" is much broader than purely domestic violence as a part of a criminal offense under Art. 126-1 of the Criminal Code of Ukraine. It is emphasized that tools for assessing the risk of domestic violence have not yet been developed for investigators, prosecutors and judges. The list of circumstances that can be clarified during the application of a preventive measure against a person suspected of committing a crime related to domestic violence, and an assessment of the risks of negative behavior of such a person during criminal proceedings is given. The essence and procedure for applying the restrictive measures provided for in Part 6 of Art. 194 of the Criminal Procedure Code of Ukraine have been investigated. Restrictive measures provided for in Part 6 of Art. 194 of the CPC of Ukraine, are not preventive, as they are used as additional responsibilities. Such restrictive measures may be taken during the application of preventive measures in the form of personal obligation, personal guarantee, bail, house arrest, detention. Restrictive measures may be imposed on a suspect or accused only when considering a request for a measure of restraint. It is proved that in the course of resolving the issue of choosing a measure of restraint during the investigation of criminal offenses related to domestic violence, it is appropriate to apply the restrictive measures provided for in Part 6 of Art. 194 of the Criminal Procedure Code of Ukraine.

Romania ratified the Istanbul Convention on 23 May 2016, and this can be considered a very important moment in the history of fighting gender-based violence. The Istanbul Convention is considered to be the most far-reaching international treaty addressing violence against women and domestic violence by offering a detailed and comprehensive set of provisions together with important and overarching preventive and protective measures in fighting these phenomena. Nevertheless, there are voices openly criticizing the Convention and advocate for different countries to withdraw from the international agreement. Given the abovementioned context, in my article I will first try to make an analysis of the arguments that made the Convention into the gold standard in protecting women and girls' rights. Secondly, I will briefly present how and why this "gold standard" has been contested. Last but not least, using the document analysis method, I will attempt a critical review of the way in which Romania responded to the Istanbul Convention requirements, underlining the most important conceptual and legal developments/adjustments that have been done. [ABSTRACT FROM AUTHOR]