International Human Rights Law and Liberatory Potential: Part II

In section I, I will discussed the theory of international human rights law, reflecting on Makau Mutua's concept of Third World Approaches to International Law (TWAIL), but arguing that Poland should take a different approach.

Here, in Section II, I will focus on the Istanbul Convention, considering arguments about colonial oppression in the case of Poland and its withdrawal of the Istanbul Convention.

Image: New York Times

Section II- The Istanbul Convention

Women's rights in Poland are limited because the Polish government is withdrawing from International Human Rights Legislation, illustrating International Law's liberatory potential is partial. The Polish Law and Justice Party (PiS) withdrew from the European Istanbul convention (2020) because of its 'harmful' messages about gender.

The withdrawal itself violates Article 5 of the Convention, claiming the state ought to take all measures to prevent, investigate and provide reparation for acts of violence against women and Article 6 of gender-sensitive policies.

The Istanbul Convention provides a unique and advanced legal framework to protect women and girls from gender-based and domestic violence.[3] Poland's withdrawal is particularly puzzling given its history of gender equality: access to abortion has been in place since 1932 and full reproductive rights from 1956-1993.

The withdrawal is especially harmful as 63 percent of Polish women have experienced domestic violence. Ultimately, the Istanbul Convention is of extreme importance in protecting women from violence.

However, the Polish government has tried to justify its withdrawal by portraying international human rights law as an outside agent imposing an ideology on Poland's domestic law, claiming the European Union is trying to dominate Poland. President Andrzej Duda believes the Istanbul Convention to be 'an invention, a feminist creation aimed at justifying gay ideology'.

Such statements demonstrate that international law, particularly in Poland, has become politicised rather than benefitting the rights of those in need. Henceforth, misusing the TWAIL style argument invokes connotations of colonialism to reject human rights principles that are authentically a part of Polish culture. Ultimately, the Istanbul Convention is of extreme importance in protecting violence against women.

A criticism may be that international human rights law must be seen through the lens of colonial oppression. Polish politicians argue that progressive stances of gender ideology, the empowerment of women's reproductive and LGBTQI+ rights challenge the traditional Polish family.

For example, culturally, women in Poland have been assigned specific gender roles characterised by the traditional figure of a 'Polish mother' (Matka Polka), whose value is measured by her fertility and self-sacrifice and endorsed by the Polish Catholic Church.

From this perspective, enforcing the Istanbul Convention in Poland would compromise such values. Furthermore, PiS upholds their moral and cultural argument, that the bill would not protect women from violence because its main objective was to meet the demands of the LGBTQI+ community and, therefore, further compromise traditional gender identities.

However, I remain sceptical that this is the genuine reason for PiS's concern and withdrawal of the Istanbul Convention as the bill does not conflict with Polish culture. Rather, this could be a political stunt to signal to the electorate that the government does not endorse progressive ideology.

Hence, arguments that the Istanbul Convention threatens Polish culture are unconvincing. Human rights principles are coherent with Christian values, complementary to Polish culture. Instead, I argue that international law has been overly politicised within Poland rather than genuinely protecting the interests of its citizens.

For instance, since withdrawing from the Istanbul Convention, funding for organisations that help survivors of domestic abuse was reduced and given to Catholic organisations to strengthen the Catholic Church's support for PiS.

This powerfully demonstrates the contradiction of PiS claiming they are protecting Polish culture, when in fact, they are disregarding rights for women to ensure they are supported for future elections. PiS has primed its audience to believe they are fighting to uphold traditional Polish culture and that the Istanbul Convention is damaging Polish values.

In reality, such arguments are political statements. In this way, the historically unequal power relations between men and women are continued as PiS denies Polish female citizens their rights. In fact, the Istanbul Convention recognises the structural nature of such violence as rooted within society.

Therefore, the liberatory potential of international human rights law remains potential while Poland refuses to embrace it.

For more information:

BBC News. “Istanbul Convention: Poland to leave European treaty on violence against women.” 25/07/2020. https://www.bbc.co.uk/news/world-europe-53538205. Council of Europe. “Council of Europe Convention on preventing and combating violence against women and domestic violence.” 11/05/2011. https://rm.coe.int/168008482e.

Sara De Vido. “The Ratification of the Council of Europe Istanbul Convention by the EU: a Step Forward in the Protection of Women from Violence in the European Legal System.” European Journal of Legal Studies. Vol. 9, No. 9. (2017): 69-102. https://www.researchgate.net/publication/323475461_The_ratification_of_the_Council_of_Europe_Istanbul_Convention_by_the_EU_A_step_forward_in_the_protection_of_women_from_Violence_in_the_European_legal_system.

Sarah Cox. “’Zombie ideas’ and the fight for women’s rights in Poland.” Goldsmith University. 30/03/2021. https://www.gold.ac.uk/news/zombie-ideas-and-equality-in-poland/. NFP. “Over 60% of women in Poland have experienced domestic violence, finds leaked report.” 17/08/2020. https://notesfrompoland.com/2020/08/17/over-60-of-women-in-poland-have-experienced-domestic-violence-finds-leaked-report/. The Guardian. “Council of Europe ‘alarmed’ at Poland’s plans to leave domestic violence treaty.” 26/07/2020. https://www.theguardian.com/world/2020/jul/26/poland-withdraw-from-treaty-violence-against-women-istanbul-convention.

Anna Gwiazda. “Right-wing populism and feminist politics: the case of Law and Justice in Poland.” Populism and Feminist Politics Special Issue. 00(0) (2020): 1-16. 10.1177/0192512120948917.

De Vido. “The Ratification of the Council of Europe Istanbul Convention by the EU: a Step Forward in the Protection of Women from Violence in the European Legal System.”