Combating Violence Against Women Through the Lens of Social Justice – Challenges in Implementing the Istanbul Convention
DOI:
https://doi.org/10.51204/IVRS_26108AKeywords:
capabilities approach, formal and substantive equality, Istanbul Convention, justice as fairness, violence against womenAbstract
Violence against women constitutes a systemic violation of human rights and a fundamental challenge to social justice. The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) establishes a comprehensive framework based on prevention, protection, prosecution, and integrated policies. Despite its high standards, implementation remains uneven and politically contested in several European states. This paper critically examines the implementation of the Convention in Poland and Serbia through the lens of social justice theory. Drawing on John Rawls’ concept of justice as fairness and Martha Nussbaum’s capabilities approach, it argues that formal legal guarantees are insufficient without substantive conditions enabling women to exercise their rights. Inconsistent enforcement, inadequate funding, and institutional shortcomings perpetuate structural inequality and undermine genuine protection.
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