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 book provides the historical setting of Turkey related to the development of democracy, human rights issues, the treatment of cultural and ethnic minorities, and the short- and long-term consequences of the crackdown including impacts on individuals, institutions like education and the media, the criminal justice system, the economy, and Turkey’s standing in the international community. Since the foundation of the Republic of Turkey, the military and the media have been the main traditional powers of oppressive, secularist, and nationalist regimes in the country. After a period of initial reforms, rather than eliminating the structures of the authoritarian state, Recep Tayyip Erdoğan seized the levers of power and used them aggressively against his political enemies. He turned Turkey into a one-man regime after the failed coup attempt on July 15, 2016, and his actions included the widespread violation of human rights. This book tells the tale of the consequences of the measures taken after the failed coup attempt that have adversely impacted the development of democracy and human rights in Turkey, altering the nation’s course of history. Beginning with a State of Emergency that was declared in July of 2016, Turkey has moved to a more authoritarian state. Among the consequences of the actions taken have been imprisonment of hundreds of thousands, the shuttering of media, the dismissal of public employees, the dismissal of academics, jailed elected Kurdish politicians, and the misuse of the criminal justice to victimize the population. Adverse effects have included widespread violations of human rights, torture, and mistreatment of prisoners, false imprisonment, and the absence of the right to a fair trial. This book examines some of the thorniest questions of Turkish democratization and human rights, including the underlying reasons for the decay of democracy and what has happened as a result of this decay. Among these is a deterioration of the educational system, a reduction in economic stability, the absence of the rule of law and due process, a radical transformation of the country, and violations of universal human rights. Endorsements: As one who knows people who have been victimized by the authoritarian regime in Turkey, “Human Rights in Turkey” provides unique insights and perspectives on the changes that have befallen his wonderful country. It is truly insightful. David L. Carter, Ph.D., Michigan State University Human Rights in Turkey: Assaults on Human Dignity fills a major gap in contemporary political scholarship. Its elucidation of Turkey’s democratic backsliding into a one-man authoritarian regime is insightful and unique. Absolutely required reading for anyone who cares about this beautiful country, its wonderful people, and its uncertain future. Kati Piri, Member of the European Parliament and Delegation to the EU-Turkey Joint Parliamentary Committee Aydin’s and Langley’s book addresses critical issues in a critical case. Turkey had been regarded as a rising democracy in a troubled region, but in recent years the country has experienced troubling signs of democratic erosion. Central to that decline is the precarious status of basic human rights of expression, association, religion, and due process. This book explores what has happened and how it affects individuals and the Turkish polity more broadly. John M. Carey, Ph.D.. Wentworth Professor in the Social Sciences, Dartmouth College, NH, USA Turkey was once a poster-boy of the league of modernizing countries – a staunch ally of the West, an almost-democracy that would become better soon enough. It might even be the first Muslim country to join the European Union. That image now lies shattered under the erratic one-man-show of Tayyip Erdoğan. The police state reigns supreme, opposition is cowed, the courts are in shambles, and more journalists are jailed for their opinions than in any other country. How did it all come to this pass? This collection of essays examines the visible and obscure causes of the catclysmic events that have transformed Turkey. They question the long-established state of semi-freedom under secular rule, as well as the “Islamic” challenges that have arisen since Erdoğan’s rise to power. Sevan Nisanyan, Historian, Linguist, and Political Refugee, Greece Situated right at the border between East and West, Turkey and its volatile political development continues to attract attention from people interested in the prospect for democracy. This book offers an impressive and thorough account of the recent democratic backsliding and reveals that not only the hope for a consolidation of liberal democracy but also large sections of the population are victims of rising authoritarianism. Jacob Torfing, PhD., Professor in Politics and Institutions, Roskilde University, Denmark A fascinating book detailing the rapid deterioration of human rights in Turkey, involving false imprisonment, job dismissals, media restrictions, and due process violations. A careful examination of the swift decline of democracy, transforming a prospering country into one where economic, educational, and social stability, and the operation of the justice system were impacted by a government declaration of a State of Emergency. A comprehensive analysis of the ways in which a society changes when human rights are not enforced in accord with the principles of due process and the rule of law. Jay Albanese, PhD., Virginia Commonwealth University, Wilder School of Government & Public Affairs As a human rights activist and a victim of severe human rights violations in Turkey, I recognize the value of the chapters, as they provide a thorough examination and analysis of subjects regarding Human rights violations in Turkey. The book comprehensively chronicles the events pertaining to the steady rise of political authoritarianism. The relevancy of the issues addressed in each chapter make the book important in regard to the emerging civil society movement in Turkey. Furthermore, the descriptions of the severe decline of human rights and the democratic backsliding towards authoritarianism and facism during the last decade in Turkey, highlights the significance of the book. Haluk Savas, PhD., Professor of Psychiatry, Psychotherapist And Editor in Chief of KHK TV (Voice of Rights), Turkey Human rights violations are a world-wide phenomenon, occurring in various capacities and to varying degrees in each country. However, unique to Turkey, is the rapid increase in violations that are not the result of deeply rooted social practices, but rather are contingent upon political decisions. Therefore, the cases of these violations are worthy of study. Hercules Millas, PhD., Political Scientist, Greece We are living in a “Geography of Genocide.”Historically, Unionists (committtee of union and progress) who committed the 1915 Armenian Genocide, established the Republic of Turkey. As a result, a distorted history and official ideology for the state was established. Furthermore, “redlines” in the country, such as the Kurdish Question, the Armenian Genocide, and the Cyprus Issue, were fabricated. Until today, the Turkish Republic remains in denial of the problems that have caused major human rights violations. This book chronicles a very important reality that evaluates the “core state structure” in Turkey, which remains intact even though rulers have changed, through human rights violations. Eren Keskin, Lawyer and Human Right Activist, The Vice-president of the Human Rights Association, Turkey
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.
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.
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.
This book examines how hate crime, as a contemporary legal concept, is introduced and represented in Turkish public discourse. The study addresses questions of how effective the hate crime debate in Turkey has been in identifying bias-motivated violent incidents and how social institutions perceive hate crimes and influence the related debates instigated by social movement actors. First of all, the study explores the movement against hate crime in Turkey, and argues that hate crime has operated as an umbrella term, diverting distinct identity movements into dialogue and collaboration, but has also created a partial collective identity. Thereafter, to grasp the repercussions of the emerging anti-hate crime movement in the public discourse, the book focuses on the media and parliament. Accordingly, media and the governing bodies, in both direct and indirect ways, are shown here to constitute an impediment to the recognition of bias and prejudices.
To trace women's experience of and the feminist struggle against domestic violence by male spouses (the major form of gender-based violence addressed by second-wave feminism in Turkey) from the late 1980s till today, we conducted an 18-month research project titled "Domestic Violence and the Struggle against It," supported by TÜBİTAK (The Scientific and Technological Research Council of Turkey). The project had two legs. First, based on in-depth interviews and focus group discussions, our research aimed at analyzing the mechanisms of empowerment, support, and awareness-raising developed by women's organizations at both the national and the local level, and to discuss the factors that contribute to the success, as well as the challenges and limitations of this organizing. Between February 2006 and June 2007, we interviewed more than 150 feminist activists from close to 50 organizations in 27 cities. Second, we conducted a nationwide representative survey in spring 2007. Based on face-to-face interviews with 1,800 ever-married women from a total of 56 provinces, this survey was the second nationwide study on domestic violence (first being a 1993 survey). The questionnaire for the survey was developed after a year of in-depth interviews with activists in women's or-activists specializing in this field. Besides this participatory process of survey preparation, an indispensable component of the feminist methodology we tried to adopt was approaching the women to be interviewed for the survey as "subjects" in the debate on domestic violence. This required a move away from a focus on women's "experience" of violence towards a questionnaire design that would help bring out their views on the background, legitimacy, prevention, and penalization of spousal violence. As we discuss in greater detail in the coming pages, the survey ended up having three parts: 1) what women think about domestic violence by their spouses (background and legitimacy), 2) women's experience of domestic violence by their spouse, and 3) women's views on prevention and penalization (with a particular emphasis on the role of the state).
This book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.
We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.
