AL WASATH Jurnal Ilmu Hukum
Vol 7 No 2 (2026): AL WASATH Jurnal Ilmu Hukum

Bridging the Definitional Gap In International Human Rights Law: A Comparative Analysis of Cedaw and Devaw on Gender-Based Violence In Turkey, Indonesia, and South Africa

Noer Mawaddah Ainina (Universitas Islam Indonesia)
Supian (Universitas Jambi)
Öğr. Üyesi Seyfulloh Hasar (Dicle Üniversitesi)



Article Info

Publish Date
10 Oct 2026

Abstract

International human rights law still relies on a definition of gender-based violence that many scholars regard as doctrinally incomplete. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) frames gender-based violence chiefly as a manifestation of discrimination, whereas the Declaration on the Elimination of Violence against Women (DEVAW) treats it as a distinct category of harm covering physical, sexual, and psychological suffering. This article argues that the divergence between the two framings contributes to inconsistent judicial and legislative responses to gender-based violence across states. The findings show three distinct pathways to the same failure: Turkey's 2021 withdrawal from the Istanbul Convention, Indonesia's uneven enforcement of Law No. 12 of 2022 on the Crime of Sexual Violence despite its comprehensive text, and South Africa's persistent implementation gap under the National Council on Gender-Based Violence and Femicide Act of 2024, whose own definition already mirrors DEVAW's broader scope.

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Journal Info

Abbrev

alwasath

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

AL WASATH Jurnal Ilmu Hukum is an academic law journal published by the Faculty of Law, Universitas Nahdlatul Ulama Indonesia (UNUSIA). This Journal is opened for academics or professionals and focussed on various legal disciplines such as but not limited to constitutional law, labor law, private ...