This book evaluates the effectiveness of current international human rights law, and in particular the recent Istanbul Convention, in eradicating so-called honour killings in Turkey. So-called ‘honour killings’ have become an issue of concern for the international community. In Turkey, in particular, the practice still exists despite the adoption of the relevant human rights instruments. The book argues that the improvement of the status of women in Turkey in accordance with gender equality as well as the application of the principle of state due diligence, both requirements of the Istanbul Convention and international human rights law, are fundamental means towards eradicating the killing of women in the name of ‘honour’. Using feminist approaches, in particular the intersectionality approach, the study looks at the application of such standards as well as the current obstacles. Through such a lens, the study discusses the strengths and weaknesses of the Turkish Constitution, Turkish Civil Code, Turkish Penal Code and Law to Protect Family and Prevent Violence Against Women and questions the judicial approach to the implementation of the women’s right to life. It identifies the lacunae in the Turkish legislation that allow inadequate legal protection for women and the inconsistency of the judicial approach to the definition of the so-called honour killings in the judgements. The study then recommends some concrete amendments to the relevant legal provisions in order to better reflect the international framework and the feminist approaches. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights law and feminist legal theory.

International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.

Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.

This book offers an in-depth and critical analysis of the Istanbul Convention, along with discussions on its impact and implications. The work highlights the place of the Convention in the landscape of international law and policies on violence against women and equality. The authors argue that the Convention with its emphasis on integrated and comprehensive policies has an important role in promoting equality, but they also note the debates on “genderism” that the Convention has triggered in some member states. The book analyses central concepts of the Convention, including violence, gender and due diligence. It takes up major commitments of the parties to the Convention, including support and services to victims, criminal law provisions and protection of migrant women against violence. The book thus makes a major contribution to the development of national laws, policies and practice. It provides a valuable guide for policy-makers, students and academics in international human rights law, criminal and social law, social policy, social work and gender studies.

Since the mid-1990s, increasing international attention has been paid to the issue of violence against women. However, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law.

Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.

The book provides the historical setting of Turkey related to the development of democracy, human rights issues, the treatment of cultural and ethnic minorities, and the short- and long-term consequences of the crackdown including impacts on individuals, institutions like education and the media, the criminal justice system, the economy, and Turkey’s standing in the international community. Since the foundation of the Republic of Turkey, the military and the media have been the main traditional powers of oppressive, secularist, and nationalist regimes in the country. After a period of initial reforms, rather than eliminating the structures of the authoritarian state, Recep Tayyip Erdoğan seized the levers of power and used them aggressively against his political enemies. He turned Turkey into a one-man regime after the failed coup attempt on July 15, 2016, and his actions included the widespread violation of human rights. This book tells the tale of the consequences of the measures taken after the failed coup attempt that have adversely impacted the development of democracy and human rights in Turkey, altering the nation’s course of history. Beginning with a State of Emergency that was declared in July of 2016, Turkey has moved to a more authoritarian state. Among the consequences of the actions taken have been imprisonment of hundreds of thousands, the shuttering of media, the dismissal of public employees, the dismissal of academics, jailed elected Kurdish politicians, and the misuse of the criminal justice to victimize the population. Adverse effects have included widespread violations of human rights, torture, and mistreatment of prisoners, false imprisonment, and the absence of the right to a fair trial. This book examines some of the thorniest questions of Turkish democratization and human rights, including the underlying reasons for the decay of democracy and what has happened as a result of this decay. Among these is a deterioration of the educational system, a reduction in economic stability, the absence of the rule of law and due process, a radical transformation of the country, and violations of universal human rights. Endorsements: As one who knows people who have been victimized by the authoritarian regime in Turkey, “Human Rights in Turkey” provides unique insights and perspectives on the changes that have befallen his wonderful country. It is truly insightful. David L. Carter, Ph.D., Michigan State University Human Rights in Turkey: Assaults on Human Dignity fills a major gap in contemporary political scholarship. Its elucidation of Turkey’s democratic backsliding into a one-man authoritarian regime is insightful and unique. Absolutely required reading for anyone who cares about this beautiful country, its wonderful people, and its uncertain future. Kati Piri, Member of the European Parliament and Delegation to the EU-Turkey Joint Parliamentary Committee Aydin’s and Langley’s book addresses critical issues in a critical case. Turkey had been regarded as a rising democracy in a troubled region, but in recent years the country has experienced troubling signs of democratic erosion. Central to that decline is the precarious status of basic human rights of expression, association, religion, and due process. This book explores what has happened and how it affects individuals and the Turkish polity more broadly. John M. Carey, Ph.D.. Wentworth Professor in the Social Sciences, Dartmouth College, NH, USA Turkey was once a poster-boy of the league of modernizing countries – a staunch ally of the West, an almost-democracy that would become better soon enough. It might even be the first Muslim country to join the European Union. That image now lies shattered under the erratic one-man-show of Tayyip Erdoğan. The police state reigns supreme, opposition is cowed, the courts are in shambles, and more journalists are jailed for their opinions than in any other country. How did it all come to this pass? This collection of essays examines the visible and obscure causes of the catclysmic events that have transformed Turkey. They question the long-established state of semi-freedom under secular rule, as well as the “Islamic” challenges that have arisen since Erdoğan’s rise to power. Sevan Nisanyan, Historian, Linguist, and Political Refugee, Greece Situated right at the border between East and West, Turkey and its volatile political development continues to attract attention from people interested in the prospect for democracy. This book offers an impressive and thorough account of the recent democratic backsliding and reveals that not only the hope for a consolidation of liberal democracy but also large sections of the population are victims of rising authoritarianism. Jacob Torfing, PhD., Professor in Politics and Institutions, Roskilde University, Denmark A fascinating book detailing the rapid deterioration of human rights in Turkey, involving false imprisonment, job dismissals, media restrictions, and due process violations. A careful examination of the swift decline of democracy, transforming a prospering country into one where economic, educational, and social stability, and the operation of the justice system were impacted by a government declaration of a State of Emergency. A comprehensive analysis of the ways in which a society changes when human rights are not enforced in accord with the principles of due process and the rule of law. Jay Albanese, PhD., Virginia Commonwealth University, Wilder School of Government & Public Affairs As a human rights activist and a victim of severe human rights violations in Turkey, I recognize the value of the chapters, as they provide a thorough examination and analysis of subjects regarding Human rights violations in Turkey. The book comprehensively chronicles the events pertaining to the steady rise of political authoritarianism. The relevancy of the issues addressed in each chapter make the book important in regard to the emerging civil society movement in Turkey. Furthermore, the descriptions of the severe decline of human rights and the democratic backsliding towards authoritarianism and facism during the last decade in Turkey, highlights the significance of the book. Haluk Savas, PhD., Professor of Psychiatry, Psychotherapist And Editor in Chief of KHK TV (Voice of Rights), Turkey Human rights violations are a world-wide phenomenon, occurring in various capacities and to varying degrees in each country. However, unique to Turkey, is the rapid increase in violations that are not the result of deeply rooted social practices, but rather are contingent upon political decisions. Therefore, the cases of these violations are worthy of study. Hercules Millas, PhD., Political Scientist, Greece We are living in a “Geography of Genocide.”Historically, Unionists (committtee of union and progress) who committed the 1915 Armenian Genocide, established the Republic of Turkey. As a result, a distorted history and official ideology for the state was established. Furthermore, “redlines” in the country, such as the Kurdish Question, the Armenian Genocide, and the Cyprus Issue, were fabricated. Until today, the Turkish Republic remains in denial of the problems that have caused major human rights violations. This book chronicles a very important reality that evaluates the “core state structure” in Turkey, which remains intact even though rulers have changed, through human rights violations. Eren Keskin, Lawyer and Human Right Activist, The Vice-president of the Human Rights Association, Turkey