EU Council Must Vote ‘NO’ on Deeply Flawed Istanbul Convention

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Contact: Mike Buchanan

Telephone: +44 7967 026163

EU Council Must Vote ‘NO’ on Deeply Flawed Istanbul Convention

May 31, 2023 – A vote is scheduled for June 1^st for the Accession of the Istanbul Convention. The treaty embodies a number of serious human rights shortcomings:

Freedom of Thought, Conscience, and Religion

The Charter of Fundamental Rights affirms the rights to “freedom of thought, conscience, and religion” (Article 10) and to “freedom of expression” (Article 11). But the Istanbul Convention emphasizes that:

“Parties shall take the necessary measures to promote changes in the social and cultural patterns of behaviour of women and men with a view to eradicating prejudices, customs, traditions and all other practices which are based on the idea of the inferiority of women or on stereotyped roles for women and men.” (IC Article 12)

Equality of the Sexes

The EU Charter emphasizes that “Equality between women and men must be ensured in all areas” (Article 23). Even though domestic violence rates between the sexes are the same, the IC text uses the phrase, “violence against women,” 56 times, while “violence against men” is not mentioned once. The Convention’s title, “Convention on Preventing and Combating Violence against Women,” makes it clear that domestic violence against men is not a concern.

In true Orwellian fashion, the IC also insists that discriminatory measures should not be considered to be discrimination: “Special measures that are necessary to prevent and protect women from gender-based violence shall not be considered discrimination under the terms of this Convention” (IC Article 4).

The IC also urges the “adoption of measures providing for specific advantages in favour of the under-represented sex” (Article 23). Since male victims are under-served by domestic violence agencies, the emphasis should be afforded to male victims.

Rights to a Fair Trial and the Presumption of Innocence

The Charter of Fundamental Rights emphasizes the right to a fair trial with an independent and impartial tribunal (Article 47), and upholding the presumption of innocence (Article 48). But inexplicably, the Istanbul Convention avoids all mention of key due process protections:

No mention of the presumption of innocence.
No requirement that accused persons face their accusers.
Allows for the issuance of ex parte restraining orders, without the accused being present to defend themselves.

The IC seeks to criminalize a broad range of offenses (IC Articles 33, 34, 35, 36, 37, 38, 39, 40, and 53), some of which are better addressed by civil courts. Worse, the IC confuses the words “complainant” and “victim,” thereby shortchanging the defendant’s right to an impartial investigation and adjudication.

There is a certain irony that a treaty that claims to advance human rights, in fact serves to deny persons’ fundamental rights.

Members of the EU Council are urged to vote “NO” on the proposed Accession to the Istanbul Convention.

Source: https://endtodv.org/coalitions/davia/campaigns/ic/