{"title":"Transnational legal feminist approaches to the honour crimes provision in the Istanbul Convention","authors":"Sital Kalantry, Shireen Moti","doi":"10.1080/20414005.2022.2106659","DOIUrl":null,"url":null,"abstract":"ABSTRACT The Istanbul Convention is an important Council of Europe treaty aimed at preventing violence against women. Article 42 of the Istanbul Convention prohibits the use of ‘culture, custom, religion, or tradition’ in trials of defendants accused of violence against women. This article examines Article 42 from a transnational legal feminist perspective. As a treaty that applies to a wide range of countries, it should appreciate the significantly varying societal contexts across countries within the Council of Europe. It is argued here that the language of Article 42 does not go far enough to recognise this transnational diversity.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"13 1","pages":"59 - 80"},"PeriodicalIF":0.0000,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2022.2106659","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT The Istanbul Convention is an important Council of Europe treaty aimed at preventing violence against women. Article 42 of the Istanbul Convention prohibits the use of ‘culture, custom, religion, or tradition’ in trials of defendants accused of violence against women. This article examines Article 42 from a transnational legal feminist perspective. As a treaty that applies to a wide range of countries, it should appreciate the significantly varying societal contexts across countries within the Council of Europe. It is argued here that the language of Article 42 does not go far enough to recognise this transnational diversity.
期刊介绍：
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.
京公网安备 11010802042870号
京ICP备2023020795号-1
分享
求助内容：
应助结果提醒方式：
扫码关注我们
