We appealed to the Council of Europe, indicating that Turkey’s act to withdraw from the Istanbul Convention is in contradiction with its legal framework, and urged the Council to investigate the legality of the notification and its implications on interna

March 25, 2022

On 23rd March 2021, as the EŞİK Platform, consisting of over 340 women’s and LGBTI+ organisations, we appealed in writing to the Council of Europe, about Turkey’s withdrawal from the Istanbul Convention by a Decision of the President, underlying that this act is in contradiction with Turkey’s legal framework and violates the Constitution. In our appeal, we stated that in accordance with the reciprocity principle, withdrawals from multilateral conventions, should follow the same applicable national legal procedures that were followed for their ratification and adoption; in the case of Turkey, this requires the adoption of a law in the Grand National Assembly of Turkey. In the absence of such an adoption, the withdrawal decision lacks legality and violates numerous Constitutional articles including 87, 90 and 104. We drew attention to the fact that this act could pave the way for Turkey’s renunciation of other critical conventions, such as the Lanzarote Convention, CEDAW and the European Convention on Human Rights.

Drawing attention to the countless protests, statements and legal suits going on since the Decision was issued, not only by women’s and LGBTI+ organisations, but also by opposition parties, bar associations, human rights organisations, trade and labour unions, municipalities, corporations, universities, sports clubs, civil society organizations from different fields, chambers and business organisations, academia, law professors and many others, we indicated the clear evidences of public support favouring the Istanbul Convention. In our appeal letter, we also pointed out that this high level of public support was also backed by the findings of public opinion surveys, with only 7% taking a stand against the Convention (August 2020, Konda). 

We alerted the Council that this act determines a crucial and historic defining point for human rights, rule of law and democracy in Turkey and that it might have serious consequences at the international level.  We stated that the possible negative impact of this act on member states’ allegiance to the foundational principles of the Council of Europe and the international human rights system should not be disregarded.

Expressing our disappointment with the Council of Europe in processing Turkey’s withdrawal notification without further investigation and due consideration to the objections raised about its legality, we urged the Council to look into the whole process, to investigate the legality of this act and its negative implications on fundamental rights and international law.

Withdrawal from the Istanbul Convention by a Decision of the President is not possible!

The Decision is null and void, we do not give up on the Istanbul Convention!

We call on Parliament to do its part! We call on everyone to do their part! 

Our appeal letter to the Council of Europe: https://esikplatform.net/urgent-appeal-regarding-the-istanbul-convention

 

25 March 2021

Women’s Platform for Equality Turkey – EŞİK

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