A Critical Assessment of Turkey’s Positive Obligations in Combatting Violence against Women: Looking behind the Judgments

Authors: 
Title: 
A Critical Assessment of Turkey’s Positive Obligations in Combatting Violence against Women: Looking behind the Judgments
Journal Citation: 
18 MUSLIM WORLD JOURNAL OF HUMAN RIGHTS, 27-53 (2021)

This article examines whether Turkey is fulfilling its duty of protecting women from gender-based violence. The author explains that the authoritarian and Islamist governance established in Turkey under the new political regime and the withdrawal from the Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) does not relieve Turkey from its duty to protect its citizens from the criminal acts of private individuals. By examining international and regional approaches to positive obligations, the author concludes that the government is not fulfilling its positive obligations but rather reinforcing gender-based violence by embracing discourses and practices that tolerate violence against women. The reluctance of national authorities in addressing gender-based violence gives room for the impunity of perpetrators. The author highlights that infringement hearings against Turkey by the European Court of Human Rights might be initiated given the erosion of the rule of law, democracy, and human rights.