International Law and Violence Against Women: Europe and the Istanbul Convention (Routledge Research in Human Rights Law)

327 Pages·2020·4.007 MB·English

by  Johanna Niemi (editor), Lourdes Peroni (editor), Vladislava Stoyanova (editor)

Routledge Research in Human Rights Law
INTERNATIONAL LAW AND
VIOLENCE AGAINST WOMEN
EUROPE AND THE ISTANBUL CONVENTION
Edited by
Johanna Niemi, Lourdes Peroni
and Vladislava Stoyanova
International Law and Violence
Against Women
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 inter­
national 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 viol­
ence, gender and due diligence. It takes up major commitments of the parties to
the Convention, including support and services to victims, criminal law provi­
sions 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.
Johanna Niemi, Professor of Procedural Law, University of Turku, Finland.
Lourdes Peroni, Human Rights Lecturer, Sheffield Hallam University, UK.
Vladislava Stoyanova, Associate Professor, Lund University, Sweden.
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For more information about this series, please visit: www.routledge.com/
Routledge-Research-in-Human-Rights-Law/book-series/HUMRIGHTSLAW
International Law and
Violence Against Women
Europe and the Istanbul Convention
Edited by Johanna Niemi,
Lourdes Peroni and
Vladislava Stoyanova
First published 2020
by Routledge
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and by Routledge
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© 2020 selection and editorial matter, Johanna Niemi, Lourdes Peroni and
Vladislava Stoyanova; individual chapters, the contributors
The right of Johanna Niemi, Lourdes Peroni and Vladislava Stoyanova to
be identified as the authors of the editorial material, and of the authors for
their individual chapters, has been asserted in accordance with sections 77
and 78 of the Copyright, Designs and Patents Act 1988.
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ISBN: 978-0-367-25766-8 (hbk)
ISBN: 978-0-429-28973-6 (ebk)
Typeset in Galliard
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Contents

Notes on editors viii
Notes on contributors x
Acknowledgements xiv
Abbreviations xv
Table of cases xvii
Table of legislation xxii
Introduction: the Istanbul Convention as a response to
violence against women in Europe 1
JOHANNA NIEMI, LOURDES PERONI AND
VLADISLAVA STOYANOVA
PART I
Context and role 23
1 The Istanbul Convention in the context of feminist claims 25
LORENA SOSA
2 Unleashing the gender equality potential of the Istanbul
Convention 43
LOURDES PERONI
3 The Istanbul Convention as an interpretative tool at the
European and national levels 57
SARA DE VIDO
vi Contents
PART II
Concepts 75
4 The concepts of gender and violence in the Istanbul
Convention 77
JOHANNA NIEMI AND AMALIA VERDU SANMARTIN
5 Due diligence versus positive obligations: critical reflections
on the Council of Europe Convention on Violence against
Women 95
VLADISLAVA STOYANOVA
PART III
Criminal law responses 131
6 The Istanbul Convention on sexual offences: a duty to
reform the wording of national law or the way we think? 133
MINNI LESKINEN
7 Exploring intersectionality: female genital mutilation/
cutting in the Istanbul Convention 157
RUTH M. MESTRE I MESTRE
8 Forced sterilisation in the Istanbul Convention: remedies,
intersectional discrimination and cis-exclusiveness 173
DANIELA ALAATTINOğLU
PART IV
Victim services 189
9 The right to adequate housing of battered women: the
added value of the Istanbul Convention? 191
INGRID WESTENDORP
10 Support to battered women in Sweden: non-profits and
public authorities collaborating, counteracting and
competing 208
ULRIKA ANDERSSON AND SARA BENGTSON
Contents vii
PART V
Migration and asylum 223
11 Protection beyond victimisation: the significance of the
Istanbul Convention for migrant women 225
FULVIA STAIANO
12 Gender-based violence against women and international
protection needs: the contribution of the Istanbul
Convention 241
DOLORES MORONDO TARAMUNDI
PART VI
National responses to the Convention 257
13 The Istanbul Convention in Poland: between the “war on
gender” and legal reform 259
KATARzYNA SęKOWSKA-KOzłOWSKA
14 Reservations and declarations under the Istanbul
Convention 277
WOJCIECH BUREK
Index 296
Editors

Johanna Niemi is Professor of Procedural Law at the Faculty of Law, Univer­
sity of Turku, Finland. Formerly, she has served as Vice Dean of the Faculty
of Law, University of Helsinki, as professor at Umeå University and as visit­
ing professor at Lund University. She is Doctor Honoris Causa at Uppsala
University and former Fulbright scholar at the University of Wisconsin,
Madison. Niemi was a member of the Scientific Committee of the Euro­
pean Union Agency for Fundamental Rights and of the Academy of Finland
Research Council for Culture and Society. She leads the research project
ASLA: Actors, Structures and Law (2015–2019). She is co-editor of several
books, including Nousiainen et al. (eds), Responsible Selves. Women in the
Nordic Legal Culture (Ashgate, 2001); Svensson et al. (eds), Nordic Equal
ity at a Crossroads. Feminist Legal Studies Coping with Difference
(Routledge, 2004) and Gendered Violence (in Finnish, Vastapaino, 2017).
She has published on topics in criminal procedure, violence against women
and insolvency law.
Lourdes Peroni is Lecturer in Human Rights at the Helena Kennedy Centre
for International Justice at Sheffield Hallam University, United Kingdom.
Before joining Sheffield Hallam, Lourdes held positions at the Human
Rights Centre of Ghent University (Postdoctoral Research Fellow), at Yale
Law School (Fellow) and at the Inter-American Commission on Human
Rights (Fellow). She holds an LLM from Harvard Law School and a PhD
in Law from Ghent University. Her areas of teaching and research include
equality and non-discrimination; gender and migration; gender-based viol­
ence against women; and legal feminism in the contexts of the United
Nations, Council of Europe, and Organisation of American States. She has
published among others in Feminist Legal Studies, International Journal of
Constitutional Law – I•CON and Human Rights Law Review. Her most
recent publications include “The Protection of Women Asylum Seekers
under the European Convention on Human Rights: Unearthing the Gen­
dered Roots of Harm” (Human Rights Law Review) and “The Borders that
Disadvantage Migrant Women in Enjoying Human Rights” (Netherlands
Quarterly of Human Rights). Lourdes held visiting research positions at
Editors ix
Emory Law School (The Vulnerability and the Human Condition Initi­
ative) and at Melbourne Law School (The Institute of International Law
and the Humanities).
Vladislava Stoyanova is Associate Professor in Public International Law at the
Faculty of Law, Lund University, Sweden. She holds an LLM from Leiden
Law School and a PhD from Lund University. Her research interests are
within the areas of international migration law, international refugee law,
international human rights law and EU law. Her publications include the
monograph Human Trafficking and Slavery Reconsidered: Conceptual Limits
and States’ Positive Obligations in European Law (Cambridge University
Press, 2017), two co-edited volumes Seeking Asylum in the European Union:
Selected Protection Issues Raised by the Second Phase of the Common European
Asylum System (Brill, 2015) and The New Asylum and Transit Countries in
Europe: During and in the Aftermath of the 2015–2016 Crisis (Brill, 2018),
various book chapters and articles published in international peer-reviewed
law journals, such as the International Journal of Refugee Law, Human
Rights Law Review, Michigan Journal of International Law, Cambridge
Journal of International and Comparative Law, Netherlands Quarterly of
Human Rights, and European Human Rights Law Review. She is the dir­
ector of the Migration law courses at her faculty. Vladislava Stoynova is the
holder of the Wallenberg Academy Fellowship (2019–2021) awarded by the
Knut and Alice Wallenberg Foundation and the Royal Swedish Academy of
Sciences.