Das rechtliche Konzept von gender in der Istanbul Konvention: Meilenstein oder Kampfbegriff?

Abstract

Since its entry into force, the Istanbul Convention (IC) has gained praise for being the most effective international treaty for the protection of women against violence. One aspect that has both attracted recognition and criticism is the definition of gender in its text (article 3 lit. c) as well as its explanatory report. Especially conservative voices in the predominantly eastern European region have used this gender definition as ammunition to discredit the IC as a whole: the so called “gender ideology” and the fear of “turning people gay” are dangerous misconceptions which harm the acceptance and implementation of the IC. It is therefore worth examining, what the legal concept of gender within the IC truly entails and how conservative narratives are operating to dismantle the effective protection of gender-based violence. In the first part of the article, the legal concept of gender in the IC is analysed. This is achieved by looking at its genesis. In the second part, the above-mentioned conservative criticism will be approached. To understand its implication, it is worth discussing, where the aversions to the IC’s understanding of gender stem from. After uncovering these origins, it will be examined how different stakeholders (mis-)use the concept of gender to strengthen their own agendas. Following the examination of these counterpoints and their implications, the final part will turn to feminist critique of the IC’s legal gender concept. Therefore, the concept will be analysed regarding its inclusiveness, its intersectionality, and its approach of domestic violence.