ABSTRACT

Gender and violence against women are central concepts in the Istanbul Convention. The Convention’s conceptualisation of violence is important, as it guides the interpretation of measures and provisions of the Convention. The Convention defines violence in several ways. This chapter offers a discourse analytic reading of the Convention and its Explanatory Report to understand their approach to the concepts of violence against women and gender-based violence. Thus, gender is an integrated part of the definition of violence against women. The analysis presented in this chapter shows that the concept of gender in the Convention refers to a binary of sexes, as men and women, and to their social roles as a reflection of biological differences. The concept of gender used in the Convention shapes the depiction of the subjects as victims or perpetrators. The Convention underlines women as victims of violence and the harm done to them, while perpetrators of violence remain mostly invisible and ungendered. The Convention does not underline intersecting differences among women either, which are referred to as vulnerabilities. The only reference to other gender identities, sexualities and differences among women is in the anti-discrimination clause, which forbids discrimination among victims. The Explanatory Report defines a long list of vulnerabilities, but neither document specifies special services to vulnerable groups of women. The only group specifically addressed in the Convention are women with a migrant background, as several Articles mention crimes typically associated with this group. However, the services prescribed in the Convention should be available to all women, without discrimination.