How Has The Paradigm Shifted In the View of Women's Human Rights?
The approach to addressing women's human rights and specifically preventing gender-based violence has not always followed the same direction. Alongside changes in the international community's agenda, priorities, perspectives on women's roles in society and family, and attitudes towards patriarchy, international legislation has evolved step by step. Throughout this process, it is clearly evident that the initial focus on "protecting women" and adopting a victim-centered protective approach has gradually shifted towards empowering women and enhancing their capacities.
Protection Paradigm on Violence Against Women, Private Space and CEDAW
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979, is informally mostly accepted as the women's constitution. In 1979, CEDAW was a comprehensive and landmark innovation regarding discrimination against women. However, while CEDAW addresses domestic violence, there is a lack of explicit regulation in addressing violence against women. Besides that, during the negotiations of CEDAW, the prevailing thought was that domestic violence was a matter of private space. This perspective resulted in domestic violence, which is the most common form of violence against women, occurring within an inviolable private space and being neglected in terms of interventions in the context of freedom.
One of the factors undermining the effectiveness of CEDAW is the widespread use of reservations by countries regarding specific articles. For instance, Article 16 of CEDAW stands out due to the number of reservations placed by various countries. The primary rationale behind these reservations lies in the perception that a woman's individual existence can be easily constrained within the context of her familial role. This perspective significantly influences how legal processes such as marriage and divorce, governed by civil law, are approached—not as arenas where women have inherent rights and agency, but rather where they are often viewed as objects, amidst a societal backdrop that upholds the sanctity and supremacy of the family unit.
As a result, regulations addressing violence against women could not be included. The most significant point here is that the prevailing mindset in the United Nations General Assembly at the time caused the deficiency in the most important effort aimed at eliminating all forms of discrimination against women.
CEDAW General Recommendation No. 19: Violence Againstagainst Women
The CEDAW General Recommendation No. 19, adopted in 1992, by defining gender-based violence, also paved the way for future legal developments. The emphasis on the responsibility of states to enact laws protecting women against domestic violence was notable.
Vienna World Conference on Human Rights
The 1993 Vienna World Conference on Human Rights marked a significant milestone by describing violence against women as a violation of human rights. It was the most crucial step forward for women's human rights.
Declaration on the Elimination of Violence Against Women
“The Declaration on the Elimination of Violence Against Women," adopted on December 20, 1993, emphasized the obligation of states to act with "due diligence" regarding violence against women. This underscored the responsibility of states to enact laws to protect women against domestic violence. Furthermore, contrary to approaches that leave women isolated by emphasizing concepts such as private space and domestic privacy, the state's responsibility in combating violence against women has been a significant achievement for women's human rights and has become a safeguard for women in the future within the framework of international law.
The Istanbul Convention
The state's responsibility in addressing violence against women has been underscored by landmark judgments from the European Court of Human Rights (ECtHR), which have led to new regulations. The Istanbul Convention, adopted in 2011, stands as the most comprehensive regulation in Europe in this regard.
The goal of the Convention was to protect women and girls against gender-based discrimination and domestic violence. It promised clear and explicit objectives such as the development of mechanisms for women to seek support, the empowerment of victims, and the enhancement of domestic legislation to address the issue.
CEDAW General Recommendation No. 35
Inspired by the Istanbul Convention, CEDAW General Recommendation No. 35 holds a significant place in its chronology as it is the only document that mentions the term "patriarchy." By addressing patriarchy in the context of preventing discrimination and inequality, Recommendation No. 35 has introduced a new perspective on issues of violence against women and women's human rights.
Another important development brought about by Recommendation No. 35 is its discussion on the inclusivity of the private sphere and its emphasis on ensuring that this does not lead to impunity. This marked a shift towards incorporating violations of rights within the private sphere into the universal human rights discourse.
9/ 11 Attacks, Security Concerns and Women’s Human Rights
Throughout these chronological developments, the approach to women's human rights and Violence against women has progressively transitioned from the state's negative obligation to refrain from harm to the positive obligation of exercising due diligence.
The perception that women are vulnerable subjects in need of protection has often led to regulations being formulated from this perspective. Moreover, following the September 11 crisis in 2001, where security became a paramount concern worldwide, states became more sensitive to intervening in domestic affairs, and progress in the field of women's rights suffered significantly. Many countries viewed human rights as a tool used by the West to impose its values and as an external influence. Consequently, women's human rights were once again sidelined.
Especially in the view of Populist governments across Europe, regarding the Istanbul Convention, the idea of intervening in a woman's presence in the home and private sphere under the guise of preventing domestic violence led to harsh criticism, characterizing Western values as seeking to dismantle the family and interfere with it.
“In Poland and Hungary, the convention faces criticism on these grounds. Despite being the first country to sign and ratify the convention, Turkey became the first country to withdraw from it due to its growing populist and conservative political climate.”
It's important to always consider discrimination and gender inequality as issues of structure and hierarchy. Otherwise, the issue may only be approached from a narrow perspective of protecting women. Additionally, it's essential to remember that both international regulations and domestic legislators have these sociological perspectives. This once again underscores the importance of socio-legal studies in the field of women's rights.
Violence as a Unifying Point for Women
Violence has also served as a unifying force for feminist networks. While issues such as women's education, economic empowerment, and cultural development tend to concern certain classes of women more, violence is an experience shared by women of all backgrounds and classes, reflecting the pervasive pressure of patriarchy.
The ability to discuss violence openly was a significant step, considering the shame and pain it entails. The differentiation of the myth of the liberated woman from other female types highlighted how the experience of violence is shared by women from all walks of life, revealing how violence and patriarchal systems of oppression encompass the experience of womanhood. Setting aside the intellectual divide between educated, professional women and others, this paved the way for the women's movement to collaborate, support each other, and encourage bravery in preventing violence. The shift in perspective within the women's movement inevitably influenced subsequent international developments and regulations.
Today's Perspective, sexual orientation and gender identity
The UN report published in 2015 marked a turning point where discrimination and human rights violations against LGBTI+ and intersex people could be openly discussed as fundamental dynamics. The evolution of the universal human rights discourse to encompass violations in private spheres and the significant shift towards a protective perspective in current contexts indicate a period focused on empowering women, comprehensive gender equality, and addressing agendas aimed at enhancing women's capacities.
References:
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United Nations High Commissioner for Refugees. (1992). CEDAW General Recommendation No. 19: Violence against women. https://www.refworld.org/legal/resolution/cedaw/1992/en/96542
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About the author:
Hatice Beyza Sezgin is an intern at the United Nations Population Fund (UNFPA) Arab Regional Office. She is currently pursuing a master's degree at EMA, The European Master’s Programme in Human Rights and Democratisation. Additionally, she is a trainee lawyer registered with the Istanbul Bar Association and a Research Officer at the Politics 4Her Europe Hub.
