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44

Kadının Korunmasına İlişkin Uluslararası Sözleşmeler ve Türkiye’nin Konumu

ışığında Türkiye’deki yasal düzenlemeler ve fiili gerçeklik ele alınıp, uy-

gulamada olumlu bir dönüşümün nasıl mümkün olacağı tartışılacak ve

değerlendirilmeye çalışılacaktır.

Anahtar Kelimeler:

Kadın Hakları, CEDAW, İstanbul Sözleşmesi,

Kadın Erkek Eşitliği, Toplumsal Cinsiyet Ayrımclığı, Kadına Karşı Şiddet

Abstract:

Women have made various struggles to have equ-

al rights with men since the French Revolution. As a result of their

struggle which has accelerated after World War II, many studies have

been conducted at national and international levels in order to pro-

tect the women and to ensure the equality in the real sense by elimi-

nating discrimination. However, for the full embracement of the prin-

ciple of equality of woman and man, circumstances such as male do-

minance being active in society, and patriarchalism in cultural terms

being present, have created and are still a major obstacle.

Women have the right to benefit from human rights as indivi-

duals. However, due to gender discrimination, ‘women’s rights’ are

also specifically regulated in international documents, in particular as

regards the principle of equality. The main reason for this is that it

is essential to prevent unequal and discriminatory practices against

women and to improve women’s social status. The first step taken

with the 1945 UN Charter in this regard was supported and developed

by the international documentation published in the United Nations,

as well as the studies done within the European Union. The Conventi-

on on the Elimination of All Forms of Discrimination Against Women

(CEDAW), which is considered to be the most important of the docu-

ments regulating women’s rights in particular, has come into force;

The Convention, to which Turkey is a party, has made contracting sta-

tes under the obligation to take measures to prevent discrimination

by prohibiting any discrimination on the grounds of gender against

women. The Additional Protocol to the Convention also established

control mechanisms that could be put into effect in breach of the

rights.

Gender discrimination against women is utmost revealed in vio-

lence against women. This issue was discussed for the first time with

the Nairobi Strategies, and the Istanbul Convention, to which Turkey

is also a party, was born on the grounds that the states were forced to

take concrete precautions and a higher consciousness was needed.

In our country, while legal regulations are quite suitable to inter-

national standards on the one hand, there are some examples of disc-

rimination, violation of rights and violence that can not be accepted in

contemporary societies on the other hand. The legal regulations and

actual reality in Turkey will be discussed in light of the international

documents related to the issue, especially the Contracts mentioned

in the notice, and it will be attempted to discuss and evaluate how a

positive transformation in practice will be possible.

Keywords:

Women’s Rights, CEDAW, İstanbul Convention, Gen-

der Equality, Gender Discrimination Against Women, Violence Against

Women/Gender Based Violence