The refusal to ratify the Istanbul Convention does not mean that women are not protected. It was rather a conscious decision not to introduce a document of a clearly ideological nature into the national legal system.
- Earlier this year, the Ordo Iuris Institute submitted a legal opinion to the UN Committee on the Elimination of Discrimination against Women (CEDAW) concerning the Czech Republic’s implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.
- The opinion addresses accusations leveled against the Czech Republic over its refusal to ratify the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention, as well as calls to expand the legal ability to perform abortions, including for immigrant women.
- Experts from the Ordo Iuris Institute point out that the Czech Republic provides effective protection for women against violence based on national legal and institutional measures, and that the non-ratification of the Istanbul Convention is a sovereign decision that protects the constitutional order and the family from the ideologization of law.
- Among Ordo Iuris’s recommendations was a call to respect the sovereignty of the Czech Republic, to have the CEDAW Committee refrain from pressuring for the ratification of the Istanbul Convention, and promote genuine support for pregnant women and mothers instead of expanding the legal availability of abortion.
The CEDAW procedure and the limits of the UN Committee’s authority
The Ordo Iuris Institute submitted an opinion to the UN Committee on the Elimination of Discrimination against Women (CEDAW) in connection with the ongoing procedure for assessing the implementation of the Convention on the Elimination of All Forms of Discrimination against Women by the Czech Republic. This mechanism entails analyzing periodic reports submitted by States Parties and taking into account the views of non-governmental organizations, which are intended to supplement or verify the information presented by governments. The purpose of the procedure is to prepare recommendations for countries. However, as Ordo Iuris emphasizes, the CEDAW Committee does not have the authority to create new norms of international law or to impose on countries solutions that are contrary to their constitutional identity.
In the case of the Czech Republic, some non-governmental organizations challenged the decision not to ratify the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, better known as the Istanbul Convention. In their view, the lack of ratification implies having insufficient protection of women from violence. At the same time, calls are being made to expand the legal permissibility of abortion, in particular by ensuring broader access to abortion for migrant women and non-residents (women residing abroad), which is presented as an alleged requirement arising from Article 12 of the CEDAW
Continue reading on the website of the Ordo Iuris Institute.