1 Why the Istanbul Convention Should Be Ratified; or International Human Rights Treaties as a Czech National Interest 1 Zuzana Fellegi 2 The Istanbul Convention on preventing and combating violence against women and domestic violence is a Council of Europe (CoE) agreement that has been ratified by thirty-four European states, with the exception of some Central and Eastern European states. 3 The Czech Republic (CR) has taken part in cooperation in this field since the 90s, yet it was one of the last countries to sign the Convention in 2016 and it should ratify it in 2019, after several delays. In spite of changes in government coalitions, the official approach of the CR to this Convention has been coherent, and almost all the legislative changes necessary for its implementation were accepted. Nevertheless, whether the Convention will be ratified by the CR remains uncertain, following the tempestuous debate that arose over last two years. As in other Central European countries, the biggest opponents of the Convention include the Roman Catholic Church and representatives of conservative political parties who object mostly to its definition of “gender” and its possible influence on education and family structure. Particularly, in 2018 discussions around the Convention increasingly focused on claims that are not supported by any proof or research, but instead appeal to the public’s emotions by emphasizing unsupported possible effects of the Convention’s ratification. Unfortunately, what gets lost in this context is the core purpose of the Convention: the need to prevent and fight existing violence against women, and the advantages of a complex and global solution to this problem. The purpose of the following analysis is to explore whether accepting the Istanbul Convention and similar international human rights agreements is in Czech national interest 4 – that is to say a goal that is relevant to the CR and its society, enjoys broad support and is acceptable to the international community. Source: https://www.coe.int/en/web/istanbul-convention/home 1 This article is a translation of policy paper Fellegi, Z. (2019). Proč ratifikovat Istanbulskou úmluvu aneb mezinárodní lidskoprávní smlouvy jako český národní zájem. In Alica Kizeková et al., České zájmy v roce 2019: Analýzy ÚMV (Czech Interests in 2019: IIR Analyzes), 110-124. Prague: Institute of International Relations. Available at: https://bit.ly/2kJi7yw. 2 Zuzana Fellegi is a human rights lawyer and lecturer at the Anglo-American University (AAU) in Prague. 3 The Convention has not been ratified by Armenia, Azerbaijan, Bulgaria, the Czech Republic, Hungary, Latvia, Liechtenstein, Moldavia, Russian Federation, Slovakia, Great Britain and Ukraine. Available at: https://bit.ly/2D2qOXP. 4 National interest is defined as a policy (set of goals or ideas) that is relevant to the CR, supported by its society, and acceptable to the international community. Two basic criteria for assessing the domestic legitimacy of a given policy are relevance and consensus, inspired by the theory of democracy. The third criterion of external acceptability is inspired by theories of international relations. All three criteria must be met for policy to become a national concern. This methodology follows the conclusions of a broader analytical complex of four publications entitled Searching for Czech Interests. Drulák, P., Braun, M. (2010). In Search of National Interest: Methodological Reflection of Czech Foreign Policy. Frankfurt am Main: Peter Lang; Drulák, P., Horký, O. (2010). Searching for Czech Interests: Trade, Human Rights and International Trade. Prague: Institute of International Relations; Drulak, P., Handl, V. (2010). Searching for Czech Interests: Inner Diversity and External Action Ability. Prague: Institute of International Relations; Drulak, P., Stritecky, V. (2010). Searching for Czech Interests: International Security. Prague: Institute of International Relations. 2011 2016 1.5.2019 The approval of the Convention The CR signed the Convention 34 countries ratified the Convention The content of the Convention The Convention in the CR The current state of ratification I. Prevention -Training of police, health and social workers -Education in equality and non-discrimination -Information about services II. Protection -Free SOS hotlines -Asylum houses and centers -Psychological help for victims and children -Legal and financial help -Programs for violent persons III. Penalties and prosecution -Stalking -Psychological violence -Physical violence -Sexual violence (harassment, rape) -Forced abortions and sterilization -Circumcision and crimes of honor - 32% of Czech women experience physical or sexual violence; - 12% of Czech children are abused Convention’s impact in the CR: - Protects everyone – women, children and men - Does not deny biological differences, but fights against violence based on social stereotypes and inequalities - Educates people about equality and non-discrimination - Does not contain any new family regulations - Does not deny one’s right to a fair trial - Does not change the current rights of social services - Does not change the current conditions for granting asylum - Protects the LGBT community against violence, but it does not add any new LGBT rights - Functions according to the principle of a voluntary international cooperation without sanctions