A New Approach to Identifying the Human Rights of Women Victim of Sexual Violence in the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention

Abstract

The international community has come a long way in recognizing women's human rights. Efforts to address sexual violence as an independent human rights crime and its reflection in international and regional instruments continue. Sexual violence and its instances before entering directly into international documents have been considered in the rulings of international criminal courts and under the criminal headings of war crimes, crimes against humanity in the framework of a systematic and widespread attack. However, its formulation as a crime against humanity due to the gross human rights abuses, irrespective of it having been perpetrated in peace or war or the aggression-victim relationship, are noteworthy innovations recognized in the 2011 Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, known as the Istanbul Convention. This research, with a qualitative approach and descriptive-analytical method, will examine the provisions of this convention on identifying the dimensions of violence against women, the conceptual development of the crime of rape, the envisaged mechanisms including legislative, judicial and executive, the analysis and the process from globalization to the humanization of human rights, and the changing role of international law and its impact on the protection of women against violence

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