Transnational legal feminist approaches to the honour crimes provision in the Istanbul Convention. (2nd January 2022)

• Record Type: Journal Article
• Authors: Kalantry, Sital; Moti, Shireen
• Is Part Of: Transnational legal theory. Volume 13:Number 1(2022)
• Page Start: 59
• Page End: 80
• Publication Date: 2022-01-02
• Subjects: Istanbul Convention -- transnational legal feminism -- violence against women -- honour crimes -- postcolonial feminism; International law -- Periodicals; Comparative law -- Periodicals; Conflict of laws -- Periodicals; Jurisprudence -- Periodicals; 341
• DOI: 10.1080/20414005.2022.2106659
• Languages: English
• ISSNs: 2041-4013

Abstract

ABSTRACT: The Istanbul Convention is an important Council of Europe treaty aimed at preventing violence against women. Article 42 of the Istanbul Convention prohibits the use of 'culture, custom, religion, or tradition' in trials of defendants accused of violence against women. This article examines Article 42 from a transnational legal feminist perspective. As a treaty that applies to a wide range of countries, it should appreciate the significantly varying societal contexts across countries within the Council of Europe. It is argued here that the language of Article 42 does not go far enough to recognise this transnational diversity.