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

Abstract

Gender-based violence (GBV) remains one of the most persistent violations of human rights globally. The 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. This article explores the procedural and substantive impacts of that incorporation, analysing reforms to do mestic 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 reflects 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 offer insights for the implementation of global gender norms outside formal treaty structures.