ABSTRACT

This chapter aims to place the Convention in context as regards the analysis of domestic violence as a human rights issue that requires the attention of international and regional institutions, such as the UN and the Council of Europe. As domestic violence by definition occurs between private individuals, it did not fall within the scope of the traditional interpretation of human rights law. In order to place the Istanbul Convention in context, the chapter examines the development of domestic violence first as a legal issue, and then as an issue that requires the attention of human rights law. The Istanbul Convention is based upon a human rights framework. Almost 17 years prior to the Council of Europe's adoption of the Istanbul Convention, the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women was adopted by the General Assembly of the Organization of American States (OAS).