Gender as a Legal Construct: Procedural and Substantive Dimensions of the Istanbul Convention in Kosovo

Аннотация

Gender-based violence (GBV) remains one of the most persistent violations of human rights
globally. Th e Istanbul Convention has emerged as a key legal instrument shaping state responses
to GBV through both procedural and substantive obligations. Although not a member of the Council
of Europe, Kosovo uniquely incorporated the Convention into its constitutional framework in 2020, signalling
a strong commitment to aligning domestic law with international gender equality norms. Th is
article explores the procedural and substantive impacts of that incorporation, analysing reforms to domestic
violence legislation, the Criminal Code, and institutional mechanisms modelled on the Convention’s
four pillars. Drawing on legal analysis and comparative case studies, we examine the progress and
limitations of Kosovo’s approach. While constitutional adoption refl ects a notable step toward gender
justice, challenges remain in enforcement, institutional coordination, and the absence of formal monitoring
by GREVIO. Nevertheless, Kosovo’s civil society engagement and normative innovation off er insights
for the implementation of global gender norms outside formal treaty structures.