International Human Rights Law and Crimes Against Women in Turkey: Legislation on So-Called Honour Killings

Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Acknowledgements
Chapter 1: Introduction
	1.1 Honour killings or so-called ‘honour killings’
	1.2 Scope and purpose of the book
	1.3 Objectives/aims of the book
	1.4 Contribution to knowledge
	1.5 Structure of the book
	1.6 Methodology
	1.7 Advantages and limitations
	Bibliography
Chapter 2: Theoretical framework: Analysis of ‘honour killings’ in the context of feminist-legal theory
	2.1 Introduction
	2.2 Feminist-legal analysis of so-called ‘honour killings’
		2.2.1 Equality in human rights: Liberal feminism
		2.2.2 Patriarchal male dominance: Radical feminism
		2.2.3 Contrasting the ‘othering’: Poststructuralist feminism
		2.2.4 Passion killings v. honour killings
		2.2.5 Controlling women’s sexuality: ‘Honour’ patterns and patriarchy
	2.3 Feminist critiques of international human rights law
		2.3.1 The role of international human rights for establishment of ‘male’ rights
		2.3.2 The public/private dichotomy based on gender
		2.3.3 The issue of essentialism
	2.4 Intersectionality within feminist-legal theory
	2.5 Women’s rights: Feminism in Turkey
		2.5.1 The first wave of feminism: State feminism
		2.5.2 The second wave of feminism: Raising awareness of VAW
		2.5.3 The third wave of feminism: Women in different identities
			2.5.3.1 The struggles of Kurdish women within and outside the home
			2.5.3.2 The collaboration of feminists in Turkey against VAW
			2.5.3.3 Defining ‘honour killing’ in the Turkish context
			2.5.3.4 Statistical analysis of honour killing
			2.5.3.5 Intersectionality within feminist-legal theory in the Turkish context
	2.6 Conclusion
	Bibliography
Chapter 3: Analysis of ‘honour killings’ within the context of international legislation: From CEDAW to the Istanbul Convention
	3.1 Introduction
	3.2 VAW within the process of the CEDAW Convention
		3.2.1 Honour killings within the context of the UN
		3.2.2 The international norms of equality and non-discrimination: A conceptual analysis and feminist critiques
			3.2.2.1 Analysis of honour killings: Article 1 of the CEDAW
			3.2.2.2 Analysis of honour killings: Articles 2(c), (e) and 16(1) of the CEDAW
			3.2.2.3 Analysis of honour killings: Articles 2(f) and Article 5(a) of the CEDAW
		3.2.3 A conceptual study of the ‘due diligence’ principle
			3.2.3.1 The principle of ‘due diligence’ in the context of international human rights law
			3.2.3.2 The standard ‘due diligence’ to address honour killings
			3.2.3.3 Evaluating the CEDAW Committee’s communications on VAW
	3.3 The Istanbul Convention: A new instrument to eradicate violence against women
		3.3.1 The process of adopting the Istanbul Convention
			3.3.1.1 An inclusive strategy for the way of adopting of the Istanbul Convention: Rec (2002)5
			3.3.1.2 Last stage of adopting the Istanbul Convention: The task force to combat VAW
		3.3.2 The principles of equality and non-discrimination in the Istanbul Convention
			3.3.2.1 The Istanbul Convention and the CEDAW
			3.3.2.2 The Istanbul Convention and the ECHR
		3.3.3 The principle of ‘due diligence’ in the context of the Istanbul Convention
		3.3.4 ‘Honour killings’ within the Istanbul Convention framework
			3.3.4.1 General state obligations to prevent honour killings
			3.3.4.2 The unacceptable justifications for crimes committed in the name of ‘honour’
			3.3.4.3 Protecting women and girls at risk of honour killings
			3.3.4.4 Feminist critiques of Articles 12 and 42 of the Istanbul Convention
		3.3.5 GREVIO as a strong monitoring mechanism
	3.4 Conclusion
	Bibliography
Chapter 4: The challenges of the Turkish legislation on ‘honour killings’ prior to ratification of the Istanbul Convention
	4.1 Introduction
	4.2 The Turkish legal framework
		4.2.1 The constitution of the republic of Turkey
		4.2.2 The Turkish civil code
			4.2.2.1 Challenges of the ‘Age for Marriage’
			4.2.2.2 Challenges of the ‘Family Name’
		4.2.3 The family protection law
			4.2.3.1 Challenges of law no. 4320
			4.2.3.2 The state’s reluctance to act with due diligence to enforce law no. 4320
		4.2.4 The Turkish penal code
			4.2.4.1 The previous Turkish penal code (TCK)
				4.2.4.1.1 Discriminatory Provisions on Women’s Sexuality
				4.2.4.1.2 Sentence Reductions for Murderers of Honour Killings
			4.2.4.2 A step forward to promote gender equality: The revised TCK
				4.2.4.2.1 A Step Back: Discriminatory Provisions on Women’s Sexuality
				4.2.4.2.2 Limitation of Ruling Crimes Committed in the Name of ‘Honour’
			4.2.4.3 Inconsistent interpretation of ‘honour killings’ by the supreme court of appeals
				4.2.4.3.1 Sole Criterion: The ‘Family Council Decision’ regarding ‘Honour Killings’
				4.2.4.3.2 ‘Unjust Provocation’ to ‘Honour Killings’
			4.2.4.4 Female suicides in the name of ‘honour’
	4.3 Fragile measures: The government’s circulars on honour and custom killings
		4.3.1 Prime ministry’s circular
		4.3.2 The ministry of internal affairs circular
		4.3.3 Limitations of implementing the circulars
	4.4 Conclusion
	Bibliography
Chapter 5: Legal implications of Turkey’s accession to the Istanbul Convention1: Challenges to preventing ‘honour killings’
	5.1 Introduction
	5.2 The state’s significant step: Strengths of the Law to Protect Family and Prevent Violence against Women
		5.2.1 Strength no. 1: Aim and scope of Law no. 6284
		5.2.2 Strength no. 2: Definitions in the context of Law no. 6284
		5.2.3 Strength no. 3: protective measures for victims
		5.2.4 Strength no. 4: Preventive measures
		5.2.5 Strength no. 5: Preventive imprisonment
		5.2.6 Strength no. 6: Violence Prevention and Monitoring Centres (ŞÖNİM)
		5.2.7 Strength no. 7: Adopting victim-reporting processes
	5.3 Potential weaknesses of the law to protect family and prevent violence against women
		5.3.1 Challenges to the women’s role
		5.3.2 Challenges to ‘vulnerable women’
		5.3.3 Challenges to the eradication of so-called ‘honour killings’
		5.3.4 Omission to prohibit mandatory alternative dispute resolution
	5.4 The implementation gap
		5.4.1 Reporting on the implementation gap
		5.4.2 The state’s reluctance to exercise due diligence to protect women at risk of death
		5.4.3 Ineffective training of law enforcement officers on VAW
	5.5 Judicial interpretation and ‘honour killings’: Continuing inconsistency
		5.5.1 Juvenile criminal liability in so-called ‘honour killings’
		5.5.2 Recognition of the vague terminology of Article 82(1)(k) of the TCK
		5.5.3 A new criterion on ‘honour killings’
	5.6 Contrasting state policy: ‘Women’s role in family’ v. ‘gender equality’
	5.7 Conclusion
	Bibliography
Chapter 6: Recommendations and conclusions
	6.1 Introduction
	6.2 Legislative additions to the Turkish penal code
	6.3 Legislative additions to the law to protect families and prevent VAW
	6.4 Adoption of effective training for law enforcement on gender equality and VAW
	6.5 Expanding existing efforts to establish of special task force police and gendarmerie units to combat ‘honour killings’
	6.6 Increasing efficacy of special women killings investigation units
	6.7 Striving for a strong political will to eliminate gender stereotypes and patriarchal attitudes
	6.8 Strengthening cooperation between the state and women’s rights NGOs
	6.9 Final remarks
	Bibliography
Index