Zelensky signed the Istanbul Convention. What does this document mean

Zelensky commented on the adoption of the Convention on Instagram .

The President stressed that Ukraine shares European values.

Signed. Law on the ratification of the Istanbul Convention. Its main meaning is simple, but extremely important. This is an obligation to protect women from violence and various forms of discrimination, he said.

As you know, on June 20, the Verkhovna Rada supported the ratification of the convention with 259 votes. Only 8 MPs voted against.

Ukraine signed the convention back in 2011, but could not ratify it for more than 10 years due to the position of a number of conservative politicians and the Council of Churches.

A number of experts emphasize that in the context of hostilities and increased violence against women, the Istanbul Convention is particularly relevant.

Firstly, during these difficult war months we applied for membership in the European Union - this is a serious step. Therefore, bring national legislation into line with European norms, especially in matters of human rights. We have cases of sexual pretensions, in particular in bomb shelters, which today are not punishable at all in Ukraine. And the need to establish responsibility for such actions is provided for by the Istanbul Convention, - said the vice-president of the NGO "La Strada-Ukraine", lawyer Maryna Legenka in an interview with the National Press Club "Ukrainian Perspective".

According to her, the document provides for improving the system for responding to cases of domestic violence in Ukraine, which is important for us during the war.

It will also allow more effective interaction with the European countries that have ratified it in the fight against domestic violence and the punishment of offenders, it provides for appropriate cooperation mechanisms. And this is also very necessary, because millions of Ukrainian citizens are forced to stay abroad and potentially be victims of domestic violence,” the expert noted.

At the same time, according to her, migrants are more vulnerable to domestic violence.

In particular, psycho-emotional, economic. There are social and domestic reasons when people who are accustomed to living in large rooms are constantly in one small room. When they simply do not know where to turn for help in a new place, what it should be, says the lawyer.

The Istanbul Convention considers violence not as personal problems of an individual or internal family conflicts, but as a violation of human rights, the responsibility for responding to which lies, among other things, with social institutions and states. Therefore, its adoption is an important step. But Ukraine will ratify the Convention with some restrictions, says Victoria Pigul, an activist of the NGO Sotsialnyi Rukh.

The draft Law submitted by the President for consideration on June 18, 2022 states: "In accordance with paragraph 2 of Article 78 of the Convention, Ukraine reserves the right not to apply the provisions of paragraph 2 of Article 30 of the Convention to bring national legislation in line with the said provisions of the Convention." In fact, this means that Ukraine will not change the Constitution, the family code or other laws already in force in Ukraine. Such a ratification scenario is possible and, moreover, has been practiced in countries where conservative political forces are against ratification: Georgia, Croatia, Armenia, Latvia, Belgium, Denmark, Switzerland and Poland (this country has the most restrictions), the activist says.

According to her, there are heated discussions on the Convention, because the All-Ukrainian Council of Churches and some ultra-conservative people's deputies claim that the convention "imposes a gender ideology."

The fact that the document does not talk about LGBTQ+ rights or same-sex marriage is not a sufficient argument for them. That is why activists have already created petitions to the President twice (in May 2020 and November 2021). Both times the required 25,000 signatures were collected, she emphasizes.

However, the issue remained open until June 18, 2022.

Currently, Ukraine is rapidly working on obtaining a candidacy for EU membership. And in order to implement it, one of the informal wishes of the Ukrainian authorities, especially from the northern European social democratic governments, is the ratification of the convention. So, this point has become decisive, and the decision on ratification "with restrictions" is a kind of compromise, - says Victoria.

She emphasizes that in a situation where sexual violence by infidels reaches unprecedented proportions, the forced migration of women and the increase in domestic violence, the adoption of the convention plays an important role.

Women can count on legal protection, including abroad. For example, if the states do not have a concluded bilateral treaty on the provision of mutual legal assistance, the convention is the basis for the provision of mutual legal assistance in criminal cases, extradition, enforcement of judgments in civil and criminal cases.
Also, in accordance with the Convention, women have the right to protection if they are victims of domestic violence, - the activist notes.

She says that in this case it is important that the state provides for shelters or other places where women can escape from the rapist and rely on a safe place.

On this point, I want to emphasize that in the explanatory note to the bill signed by the Minister of Social Policy of Ukraine M.V. dated 06/18/2022, it is noted that the implementation of this Law does not need funding from the state or local budgets. However, in the opinion of the Main Committee dated 06/18/2022, an objection appeared: “When considering the project, it is advisable to note that in order to implement the requirements of the Convention, it is envisaged to take the necessary legislative or other measures to ensure the creation of appropriate, easily accessible shelters in sufficient numbers to provide safe accommodation for victims, especially women and their children, and providing them with effective assistance” (Article 23 of the Convention), the activist emphasizes.

According to her, as of June 1, there were 39 shelters in Ukraine, which does not correspond to "a sufficient number of easily accessible shelters." In some regions of Ukraine, they are generally absent.

In this regard, the assertion of the explanatory note to the draft that "the implementation of the act does not require funding from the state or local budgets" raises doubts. Obviously, there is still no clear understanding and developed procedures for exactly how the ratification will take place. However, we must pay tribute to the activists who have been speaking and supporting ratification issues on the public agenda for almost decades, emphasizes Victoria.