在欧洲一体化愿望的背景下退出伊斯坦布尔公约tÜrkiye共和国

N. Mamishova
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引用次数: 0

摘要

《欧洲委员会预防和打击暴力侵害妇女行为和家庭暴力公约》于2011年在土耳其伊斯坦布尔开放供签署,被认为是倡导预防、起诉和消除暴力侵害妇女行为和家庭暴力的最全面的国际协定。截至2022年9月,44个CoE成员国,包括所有欧盟国家,以及欧盟本身作为一个国际组织,是该公约的签署国。2017年欧盟整体正式签署《公约》,证明布鲁塞尔接受《公约》作为在该领域建立全欧洲规范的权威国际法律文书的作用。土耳其参与将其工具化的程度自然源于该国际协定的非正式名称- -《伊斯坦布尔公约》。2011年,基耶共和国是第一个在议会一致投票下签署《公约》的国家,并于2012年晚些时候表示同意受此约束。Erdoğan总统决定谴责2021年通过的以基耶最大城市命名的国际协议,这在国际政治和人权界引起了惊讶和担忧。欧盟也不例外;鉴于基耶共和国是欧盟候选国,此举被解读为一个负面信号,表明该国对保障妇女和女童权利的承诺,以及对保障基本人权、民主和法治的承诺。同时,所谓的《伊斯坦布尔公约》尚未在个别欧盟国家以及在欧洲联盟内部通过批准程序。同样,《公约》的国际法律立场仍然不稳定,因为大多数参加国在一些保留意见的情况下给予它作为国家立法一部分的地位。本文讨论以下问题:是否可以将土耳其退出《伊斯坦布尔公约》视为安卡拉官方阻碍该国实现欧洲一体化愿望的一种象征性政治信息。
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WITHDRAWAL FROM THE ISTANBUL CONVENTION IN THE CONTEXT OF THE EUROPEAN INTEGRATION ASPIRATIONS OF THE REPUBLIC OF TÜRKIYE
The Council of Europe Convention on preventing and combating violence against women and domestic violence opened for signature in 2011 in Istanbul, Türkiye, and has been known as the most comprehensive international agreement advocating the prevention, prosecution, and elimination of violence against women and domestic violence. As of September 2022, 44 CoE member states, including all the EU countries, as well as the European Union itself as an international organization, are signatories to the Convention. The 2017 official signing of the Convention by the EU as a whole testified to the acceptance by Brussels of the former’s role as of an authoritative international legal instrument establishing all-European norms in this area. The degree of Türkiye’s involvement in its instrumentalization naturally derives from the international agreement’s unofficial name – the Istanbul Convention. The Republic of Türkiye was the first country to sign the Convention in 2011 with a unanimous vote of the parliament, and later in 2012 expressed its consent to be bound hereby. The decision of President Erdoğan to denounce the international agreement bearing the name of Türkiye’s largest city, adopted in 2021, has caused surprise and concern amid the international political and human rights community. The European Union was no exception; the move has been interpreted as a negative signal in terms of the state’s commitment to its obligations to ensuring the rights of women and girls, as well as guaranteeing basic human rights, democracy, and the rule of law at large, given Türkiye’s status of EU membership candidate. Meanwhile, the so-called Istanbul Convention has not yet passed the ratification procedure in individual EU countries, as well as within the European Union per se. Likewise, the Convention’s international legal stance remains volatile since most participating states have granted it the status as part of national legislation with a number of reservations. This article addresses the following question: whether Türkiye’s withdrawal from the Istanbul Convention may be considered a demonstrative political message of official Ankara impeding the country’s European integration aspirations.
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International Journal of Civic, Political, and Community Studies
International Journal of Civic, Political, and Community Studies Social Sciences-Sociology and Political Science
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