Political and Preventable: Femicides in Europe and The Istanbul Convention
According to the United Nations Office on Drugs and Crime (UNODC) 2023 report, approximately 89,000 women were killed in 2022, Out of these, 48,800 of these deaths occurred within the family and were committed by an intimate partner. While 2300 of these deaths occurred in Europe, It is vital to examine the issue from a broader perspective.
When examining the underlying and recurring reasons behind the killings of women, it becomes evident why a separate terminology is necessary to define these crimes. The highest risks to women’s safety include being killed due to domestic violence, honour killings, as well as being killed by an intimate partner. The most significant reason for all these forms of murders is the domination exerted by patriarchal values over women's lives. This emphasizes the significance of defining and tracking femicides.
According to the Vienna Declaration on Femicide, femicide is defined as the killing of women and girls due to their gender. While the term "femicide" is used by women's rights organizations and activists in many countries, it is still not included in the criminal law legislation of numerous countries. This omission affects the recording and transparency of femicide data. Additionally, femicide is still not present in many European countries’ legal terminology or its scope and definition vary depending on the country.
The Istanbul Convention
The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, also known as the Istanbul Convention, was the most significant step taken in Europe to address this issue in 2011. The convention aimed to protect women and girls from gender-based violence and domestic violence. However, it's important to highlight that the Istanbul Convention does not directly address the problem of femicide, as the term is not even mentioned in the document.
The Istanbul Convention clearly states that the state has a direct responsibility for protecting women against all forms of violence. The Convention highlights essential measures to address gender-based violence effectively. It emphasizes preventing and stopping gender-based violence, providing secure and safe shelters for victims' protection, removing the perpetrator from the household, enhancing the capacity of individuals within the justice and security systems, maintaining transparent and regular records of gender-based violence cases and ensuring regular social support for victims.
The fundamental event that paved the way for the Istanbul Convention in 2011 was the decision of the Nahide Opuz case in the European Court of Human Rights (ECtHR) in 2009. The Opuz v. Turkey's ruling by the European Court of Human Rights (ECHR) was a key moment, highlighting the state's responsibility in addressing violence against women. Nahide Opuz and her mother endured repeated violence from Nahide's husband, including multiple attempts to kill Nahide, and ultimately the murder of her mother by Opuz's husband.
The Opuz case and the insufficient state intervention were addressed under Articles 2 and 14 of the European Convention on Human Rights, concerning the violation of the right to life and gender-based discrimination. This decision made Turkey the first country convicted of gender discrimination against women in the ECHR.
The EU signed the Istanbul Convention in June 2017, completing the final stages of the process as of October 2023.
Femicides in Europe
When analyzing femicides in Europe, the impact of cultural factors and sociological elements should not be overlooked. It is imperative to consider how each country addresses concepts of masculinity and femininity, as well as gender equality, and how these are articulated within their cultural frameworks. The Media coverage, particularly headlines of femicide news stories, significantly shapes the public perception of femicide. Additionally, perspectives on domestic violence, the prevalence of patriarchal systems within a country, the role of religion, migration, and changing demographics, particularly in regions of Europe with significant migration flows, where migrant families maintain their internal structures and cultural characteristics while considering their attitudes towards women, should also be taken into account.
Populist governments across Europe are seeking to rally public support by promoting policies that undermine the Istanbul Convention, claiming it poses a threat to the concept of family and undermines traditional values. 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.
TÜRKİYE
In 2023, in Türkiye, 315 women were killed by men, and 248 women were found dead under suspicious circumstances. Additionally, 65% of women were killed in their homes, with their homes, the place that should be the safest, becoming graves for 205 women this year.
The country has 42,252,172 millions of female population.
In the Turkish media, cases of femicide are generally known as third-page news. Examples of headlines include: "She cheated on me with my brother" “Financial Burden Leads to Wife Murder."
What stands out in these headlines is the perspective from the perpetrator rather than the victim, attempting to legitimize the reasons behind femicide.
After being the first country to sign the Istanbul Convention in 2011, Türkiye withdrew from the convention in 2021.
The impact of the Istanbul Convention on Turkish domestic law has been significant, particularly through Law No. 6284, known as the "LAW TO PROTECT FAMILY AND PREVENT VIOLENCE AGAINST WOMEN," which has taken significant steps in addressing sexual violence in Türkiye.
As of 2023, there are 146 women's shelters and 434 women's centers in Türkiye. However, there is no direct support service available for women and girls who are victims of sexual violence; only some women's centers provide support.
The organization actively involved in archiving and reporting on violence against women and femicide in Türkiye is the "We Will Stop Femicides Platform”.
ITALY
In 2023, 90 women were killed by family members, and 58 of those were killed by an intimate partner or ex-partner.
Italy ratified the Istanbul Convention in 2013. The country has a female population of 30,211,177.
In the Italian Criminal Code, there is no definition of "femicide." However, articles 575, 576, and 577 concerning homicide and aggravated homicide are applied.
In 2023, Italy passed Law No. 119, often called the 'Law on Femicide'. Though not officially named as such, it introduced measures to empower police and legal authorities in protecting victims
In Italy, there are 431 women's shelters and 373 women's centers available.
Femicide news in Italian media frequently associates romantic love, depicting perpetrators as driven by an excessive "passion" or "love" for their victims.
This portrayal serves to reinforce enduring stereotypes in Italian culture, portraying women as weak and helpless victims, while men are depicted as fiery and passionate.
Since 1990, EURES has been the longest-standing database on femicides in Italy.
GREECE
According to the European Institute for Gender Equality (EIGE), their data indicates that at least two women are killed each month as a result of domestic violence or by an intimate partner.
Media Coverage of Femicides in Greece: According to Dr. Athena Peglidou from University of Aegean, femicides (γυναικοκτονία-gynaikoktonia) in Greek media are mostly portrayed as family tragedies, crimes of passion, or love crimes.
Greece ratified the Istanbul Convention in 2018. There are 22 women's shelters and 51 women's centers in the country. There is no specific social support system for victims of sexualized violence, but some women's centers provide this support.
There is no definition of femicide in the Greek Criminal Code. Articles 299, 302, and 311 of the Greek Penal Code cover crimes related to women's homicides, including intentional killing, negligent homicide, and fatal bodily harm.
LATVIA
In Latvia, there are 1,007,636 females in the population and 17 women's shelters.
In the Latvian Criminal Code, while the term "femicide" may not be explicitly defined, Sections 116 through 124 address various forms of violence against women and related offenses.
The related sections pertain to murder, manslaughter, and actions leading to suicide.
In the EU, Latvia has the highest rate of women intentionally murdered by a partner or relative.
Latvia ratified the Istanbul Convention, and the convention will come into force on May 1, 2024.
The main organization known for its work on women's rights in the country is the MARTA Center.
The recent incident that has drawn attention in the Latvian Media is the femicide in Jēkabpils, where a woman was murdered by her ex-partner. She had been stalked for over a year.
The victim had expressed her lack of trust in the police regarding her safety through her social media posts and phone communications.
RESULT
A significant aspect regarding femicides across Europe is the absence of specific definitions for femicide in the penal codes of many European countries. This results in these crimes being classified under different categories, which in turn hampers the transparent recording of femicide statistics both nationally and across Europe.The high femicide rate observed in countries like Latvia, despite their relatively small population, is particularly alarming. Additionally, the ratification but non-enforcement of the Istanbul Convention in Latvia is noteworthy.
In Turkey, concrete steps were taken to address femicide. However, the withdrawal from the Istanbul Convention by the populist regime, accompanied by disseminating disinformation about the content of the convention, has reversed progress in the country. Despite the Women Will Stop Femicides Platform's efforts to provide transparent femicide data and reports, they have faced closure lawsuits.
The most crucial point in preventing and combating femicides is to maintain solidarity, empower women's rights platforms, and support their efforts in archiving and record-keeping. It is evident how much the relatives of the victims are exhausted during the trial processes of many femicide cases. The Media coverage of femicides aimed at denigrating women, romanticizing perpetrators, and legitimizing femicide through narratives and headlines such as "crime of passion" or "tragic love story" serves to perpetuate femicides and protect perpetrators.
Femicides are political and preventable and the Istanbul Convention keeps us alive.
References:
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About The Author:
Hatice Beyza Sezgin is an intern at the United Nations Population Fund (UNFPA) Arab Regional Office. She graduated with a Bachelor of Laws degree and is a trainee lawyer registered with the Istanbul Bar Association. Additionally, she works as a Research Officer at the Politics 4Her Europe Hub and as a project coordinator at the Law Inequality Platform. Her academic interests include International Humanitarian Law, women's and children's rights.
