25
Nov
2021
Watch
The International Day of Elimination of Violence Against Women and the State of play on the ratification of the Istanbul Convention (continuation of debate)
Mr President, the Istanbul Convention on Preventing and Combating Violence Against Women and Domestic Violence is the first European convention to impose legal duties specifically to protect women. It’s been ratified by most EU Member States. The EU is now calling on the remaining six members to follow soon. Two comments. Of course, women should be protected against violence. However, why only women? Men are as likely to suffer domestic violence as women. Why don’t they merit protection? Second, some States object to ratification because they fear the courts may interpret the convention too broadly and apply it to gender matters unrelated to domestic violence and violence against women. The convention is specifically aimed at both, and the text freely refers to both, but little else. The Vienna Convention on the Laws of Treaties requires that treaties be interpreted in good faith and according to their ordinary meaning, unless that meaning is woefully unclear or absurd. Yet the EU, and some national courts, commonly construe legal provisions dynamically, that means against their wording and to further purposes the courts invent and impose. The only safeguard against this undemocratic practice of judicial lawmaking by unelected and politically appointed officials, is the literal, or text-based, interpretation. What there is need for is a convention against judicial lawmaking, not the judicial extension of the Istanbul Convention.