A Few Remarks on the (Non-)Ratification of the Istanbul Convention

Keywords: Istanbul Convention, international treaty, ratification

Abstract: The article responds to the refusal of consent to the ratification of the Istanbul Convention by the Senate of the Parliament of the Czech Republic and to the related public debate. The author stresses that despite some claims to the contrary, the Istanbul Convention is an international treaty. He also refutes some of the arguments against its ratification. In particular, he points out that the alleged redundancy of the Convention in the face of sufficient domestic legislation is not a relevant argument, since international treaties are entered into for a number of reasons other than for the mere purpose of domestic application. In terms of the subsequent process, the author argues that even after the Senate’s failure to give its consent to the ratification, the Chamber of Deputies can continue its deliberations on the Istanbul Convention and can give its consent to its ratification. The Senate’s refusal to give its consent does not prevent the Chamber of Deputies from doing so. However, the President of the Republic may proceed to ratification only after having the consent of both chambers of the Parliament, including the Senate.