POLICY DOCUMENT ON ELIMINATION OF GENDER INEQUALITY AND PREVENTION OF GENDER-BASED VIOLENCE

This Policy Document has been prepared by DOCUMENTARIST to establish mechanisms aiming at preventing gender-based violence, supporting those exposed to it and imposing necessary sanctions in case of such incidents. The document provides definitions for the aims and principles that serve as a basis for actions to be taken in order to create a working environment free from gender-based harassment, mobbing, discrimination, and violence.

Organized by the Eurasian Culture and Arts Association, both DOCUMENTARIST Istanbul Documentary Days and Which Human Rights? Film Festival assume responsibility to provide an equitable and safe space for their employees, volunteers, and guests. The policy document covers all types of sexual harassment and sexual violence that occur between two people or against a third person, as well as all forms of violence and discrimination against women, children and LGBTQI+ people without limitation of time or place. It is binding on all employees, volunteers, jury members and guests attending film screenings and events.

Our aims and principles are in accordance with the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1985), the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention, 2011), the Turkish Penal Code, and the Law No. 6284 on Protection of Family and Prevention of Violence Against Women. We also adopt the approach of the ILO Violence and Harassment Convention (No.190). In parallel with the UN Human Rights Commission and the ECHR, we acknowledge that gender-based violence is a form of gender-based discrimination and address it within the framework of the prohibition of discrimination.

With this Policy Document on Elimination of Gender Inequality and Prevention of Gender-Based Violence, as DOCUMENTARIST, we declare that we are ready to put effort into raising awareness about and establishing preventive mechanisms for sexual violence and mobbing as well as carrying out an effective investigation and imposing sanctions in case of any complaints received by our organization.

AIMS

  1. Ensure an equitable, safe and non-violent working environment.
  2. Establish mechanisms to eliminate gender inequality and inform the employees, volunteers, jury members and guests regarding their rights and how the mechanisms work.
  3. Establish a “Gender Equality Commission” to which individuals can report incidents of violence, harassment and mobbing based on gender, gender identity and sexual orientation and ensure the functionality and sustainability of the commission.

PRINCIPLES

  1. Complainant’s Testimony is Essential Principle: In case of gender-based violence and sexual harassment incidents, statements of women and LGBTIQ+ people are deemed sufficient. Due to the nature of the act, sexual assault is most likely to occur between two people, often making it difficult to prove. Therefore, ‘‘Complainant’s Testimony Essential” Principle is applied in the beginning of an investigation process in sexual harassment and/or sexual assault incidents. This principle has been established taking into account that individuals exposed to violence may not be able to report it due to gender inequality and other reasons. It indicates that the testimony is enough to start the investigation at once.
  2. Confidentiality Principle: The whole investigation process is carried out in a way to protect the confidentiality of both the complainant and the respondent.
  3. Protection Principle: The whole process is carried out in a way to avoid any behavior that may cause the complainant to suffer further damage and lose strength to request support from reporting mechanisms and that may cause harm to the dignity of the parties and their ability to trust.
  4. Trust and Impartiality Principle: In accordance with the confidentiality and protection principles, the process is carried out in a way not to cause harm to the parties’ ability to trust. All actions are taken in accordance with the principle of equality which rules out partiality and hierarchy.
  5. Zero Tolerance Principle: Any form of gender-based violence is not tolerated.
  6. Balanced Approach Principle: During the investigation process of an incident of gender-based violence, the act of violence is addressed according to its degree and impact on the survivor’s physical and mental health. The investigation is carried out taking into account the power relations (discrimination, gender, professional rank, social position, job position, etc.) between the parties.
  7. Prohibition of Discrimination Principle: DOCUMENTARIST acknowledges that gender-based violence is a form of gender-based discrimination and addresses it within the framework of the prohibition of discrimination. We take measures to protect the survivor’s rights and do not discriminate on the basis of sex, gender, sexual orientation, race, nationality, language, religion, political views, class, age, medical condition, ability, immigration/refugee status or any other status.
  8. Urgency Principle: Urgent action is taken in response to any complaint at once. In accordance with the principles, the commission is responsible for making sure that no case remains inconclusive.
  9. Support Without Judgment Principle: In cases of sexual harassment and sexual assault, the commission’s duty is to ensure that the investigation process is carried out properly, use relevant support mechanisms to support the complainant and prevent any further damage to them. When a complaint is received, DOCUMENTARIST Gender Equality Commission can impose sanctions against the respondent, such as starting an investigation, warning, ending our professional relationship with them, cancelling their jury duty and removing their film from the festival program. In addition, the commission undertakes to be open to the guidance of relevant non-governmental organizations as well as individuals who are specialized in the field in establishing and using support mechanisms, when necessary.

DEFINITIONS

DOCUMENTARIST adopts the perspective provided by the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention). Given below are the definitions for the terms used in this policy document. DOCUMENTARIST will use such definitions, including but not limited to those given below, as a basis for the mechanisms it will utilize in accordance with this document.

Gender: refers to the concept that femininity and masculinity (and gender binary) are social constructs as a product of historical, social and geographical conditions under which roles and responsibilities that involve hierarchy and power are assigned to different sexes.

Gender identity: refers to the way a person defines or experiences their gender, either compatible or incompatible with the sex assigned at birth. This includes their conception of their body and gender expressions (including clothing and behavior).

Gender wage gap: refers to the situation in which women are paid less than men for the same work.

Gender equality: refers to equal conditions, equal treatment, equal opportunities, equal value and equal share of resources for all genders as well as freedom, difference, and diversity.

Gender-based violence: refers to verbal or physical attack directed toward a person or a group due to their gender identity and/or sexual orientation. This includes behaviors such as insulting, swearing, threatening, humiliating and ill-treatment that a person is subjected to because of their gender.

Sexism: refers to expressions and behaviors that humiliate, scorn and subordinate a gender. Sexist jokes, word choices and sayings are common examples in everyday language. “Like a man”, “like a girl”, etc. are the most frequently used sexist phrases.

Gender impact assessment: refers to the analysis of structures, policies and actions in terms of how they reduce, maintain or increase gender inequalities.

Support system: refers to a communication network consisting of people who can be contacted and asked for support in case of gender-based violence. In addition to the personal support system, it is an important step to establish and maintain “organizational support systems” consisting of civil and public institutions working in coordination with each other to support the survivor.

Consent: refers to an agreement where a person clearly and explicitly indicates a willingness, through verbal or physical expression, to engage freely in sexual activity. Past consent to a sexual activity does not imply ongoing future consent. Consent to engage in a sexual activity at the beginning does not mean consenting to continue with it. Staying silent in response to someone’s sexual behavior is not an indication of consent. Agreeing to a sexual activity under pressure or when the person is not in a position to make a decision is not consent.

Violence against women: refers to all types of attitude and behavior towards women that take place simply because they are women and violate women’s human rights (defined as violence in Law No. 6284) due to gender-based discrimination.

Gender-based violence: refers to all types of harm inflicted on a person or a group due to their gender, sexual characteristics, sexual orientation, or gender identity. Such violence that can occur in both private and public spaces disproportionately affects those who are exposed to it.

Sexual violence: All types of sexual contact; non-consensual, unwanted, committed, attempted or indicated acts or behaviors that aims a person’s sex, gender identity, sexual orientation, gender or gender expression.

Sexual Harassment: refers to disturbing non-consensual sexual acts, remarks and behaviors that do not involve physical contact. The key factor determining harassment is not the intention but its impact on the person exposed to it. The definition of harassment includes the type of mobbing that targets a person’s gender characteristics, sexual orientation and gender identity and/or involves an act of a sexual nature in work environments. It also includes all kinds of unwanted sexual remarks, attitudes and other forms of behavior that do not involve physical contact within consensual romantic or sexual relationships.

Sexual Assault: refers to the violation of a person’s bodily integrity with non-consensual sexual activity. Being in a consensual romantic or sexual relationship do not justify any form of sexual assault between partners.
Online gender-based violence: refers to the forms of technology-facilitated violence based on gender. It includes unwanted sexual remarks, non-consensual image sharing, threat, unauthorized access to and dissemination of personal information, cyberstalking, gender discriminatory jokes and posts, etc.

Persistent Pursuit: refers to all forms of sexual attitude and behavior engaged in physically, verbally or in written form with or without the use of communication tools including digital media, which makes the person worry about their safety, feel threatened and/or helpless therefore keeps them under coercive control.

Intimidation: refers to an employer or a superior using their power/authority to demand sexual favors from an employee or a subordinate in return for keeping their job or having certain employment benefits and cause harm to those who do not comply with their sexual demands.

Retaliation: refers to someone in a position of power making an employee’s work life difficult to get revenge, implicitly or explicitly, in the case that their sexual or romantic offer or attempt is rejected and/or the employee reports the act as a harassment.

Implied interest: refers to behaviors that are not explicitly sexual but involve implication of interest in a woman employee. Examples of this behavior include frequently offering to meet after work, calling or e-mailing to talk about non-work-related matters, asking questions or making remarks about the employee’s private life (spouse, partner, family), using words such as ‘dear’, ‘sweetheart’ to address them, and giving compliments that imply interest.

Mobbing: refers to causing an employee psychological stress in order to disturb, discriminate against or dismiss them. Some forms of mobbing include sabotaging the employee’s work, spreading gossip or false information about them, acting as if they do not exist, isolating them from the group, and sending them disturbing emails or text messages.

Dating violence: refers to all forms of harmful behavior where one or both of the partners try to gain power and control over the other during or following the end of a romantic and/or sexual relationship. These behaviors can take many forms including the use of verbal, psychological, virtual, physical or sexual violence or threats of these to control the partner.

Stigma/Stigmatization: refers to society’s negative judgments against a person or group that are used to discredit them due to their physical or behavioral characteristics such as physical disability, intellectual disability, criminal record, having been treated for mental illness, race, religion, sexual orientation, and gender identity.

Survivor blaming: in general, refers to the approach that exonerates the perpetrator by attributing the blame or fault to the survivor for various reasons. Survivor blaming is one of the most common reasons why survivors do not use complaint mechanisms to report incidents of violence. This attitude shifts the focus of discussion to the survivor and obscures the perpetrator responsibility.

Homophobia: refers to prejudice and hatred against gay people. It includes all kinds of remarks and acts that humiliate gay people such as using the words referring to their sexual orientation as an insult or a comic element. It is closely associated with hate speech and hate crimes.

Transphobia: refers to prejudice and hatred against trans women, trans men and other gender identities that fall under the trans umbrella. It includes all kinds of remarks and acts that humiliate trans people and being transgender such as using words referring to their gender identity as an insult or a comic element. It is closely associated with hate speech and hate crimes.

Violence survivor: it is suggested to use the word “survivor” instead of those such as ‘’victim’’ or ‘’sufferer’’ that position the person who has been exposed to violence in a perpetual state of powerlessness as a result of the violent act. Terms such as complainant or applicant can also be used when a complaint is received regarding an incident of violence.

Violence offender / perpetrator: this definition points the finger at the person who has committed violence and emphasizes that the matter is their perpetration of violence. It is not correct to use terms such as ‘’ignorant’’, ‘’pervert’’, ‘’someone with anger management problems’’, etc. as these cannot be justifications for violence.

Whistleblower: refers to the person who has not been directly affected by or exposed to the act of violence or harassment but reports it to the relevant mechanisms.

Bystander intervention: refers to a person’s intervention to stop an act of violence, harassment, etc. when they witness it or help impose necessary sanctions against it.

LGBTIQ+: is the acronym that stands for ‘’lesbian, gay, bisexual, transgender, intersex, queer.’’ Lesbian, gay, and bisexual are sexual orientation terms; transgender is a gender identity term; and the term intersex refers to sex characteristics. The + indicates that the diversity of genders and gender identities extends beyond those included in the acronym.

This document has been prepared in consultation with the Association for Gender Equality Policies, by examining policy documents of various organizations and relevant sources.
It is reviewed annually.