Draft
AS/Ega/Inf (2006) 19
20 November 2006
aegainfdoc19_2006

Committee on Equal Opportunities for Women and Men

Parliaments united in combating domestic violence against women

Contribution of Ms Gülsun Bilgehan, contact parlementarian (Turkey, SOC) on the fight against domestic violence in Turkey

INFORMATION NOTE ON TURKEY

Legal Regulations

Law no. 4320 on the Protection of the Family

Law no 4320 on the Protection of the Family which entered into force in 1998 is a significant protection mechanism aiming at preventing violence against women. With this law domestic law has for the first time in Turkey been defined in a legal text and and in case of domestic violence it has been provided that police and judicial mechanisms could activate without the complaint of the victim (with the declaration of the third persons). After the entry into force of the Law, circulars were issued for the implementation of the law for judges and prosecutors and several training programs at different dates were conducted.

In order to eliminate the shortcomings driving from the implementation of the Law on the Protection of the Family, a new draft has been prepared by the Directorate General on the Status of Women with the participation of the related public institutions and NGO’s and submitted to the Prime Ministry.

Turkish Penal Code

Turkish Penal Code no 5237 entered into force on 1 June 2005. It provides an important legal basis in the struggle for the violence against women. With this Law:
. Mrs. And Miss were replaced by Ms.
. In case sexual assault is against the spouse then investigation and prosecution is based on the complaint of the victim.
. Sexual harassment in the work-place is introduced, the qualifying terms of the sexual harassment is defined and accordingly recourse to sexual harassment by misusing the status driving from hierarchy and work relationship or by using the opportunity of working in the same place is subject to heavier punishment.
. In the paragraph where felenious homicide requires qualifying terms for heavy life imprisonment, the term “ on the prompting of customs” is added and thus heavy punishment is deemed for suspects of honor crimes

. The paragraph on unfair incitement has been altered and thus unfair incitement is only possible when it occurs following an unfair action, it has been explained in the reasoning of the paragraph that family members and relatives killing a woman who has been subject to sexual assault cannot benefit from unfair incitement and that each unfair action cannot be regarded as unfair action
. In case a woman becomes pregnant following a crime she has been subjected to, the person who terminates the pregnancy is not punished if the pregnancy period does not exceed 20 weeks and if the victim approves.
. Heavier punishment for the sexual assault has been regulated and in case the physical and psychological health of the victim becomes worse following the crime of sexual assault, then the punishment is heavier.
. Wounding on purpose has been introduced and in case the crime is committed against the lineal ancestors or sub ancestors or the spouse or the sibling have been accepted as qualifying term of the crime.
. Under the title of torture and bad treatment, crimes of torture and bad treatment have been regulated. With these regulations, the commitments driving from the international conventions have been taken into account.
If the crime is against a child, against a person who is unable to protect himself physically or psychologically or against a pregnant woman, 8 to 15 years imprisonment is ruled out.

Law no. 5257 on Municipalities

With Law no. 5257 on Municipalities, Municipalities have been empowered to serve those women who have been subjected to violence. Greater Municipalities and Municipalities whose population exceed 50.000 have to open shelters. As such protective and preventive services rendered to women who have been victims of violence can be developed.

Law on Labour

The New Law on Labour, entered into force on 10 June 2003, has adopted the principle that there can be no discrimination in terms of fundamental human rights including sexual discrimination in the relation between the worker and the employer. Furthermore, if necessary measures are not taken in case of sexual harassment against the worker in the workplace by the employer, another worker or third persons, there is a clause ruling the right of the worker to immediately terminate his work.

Other Work

. Committee on the Inquiry of the Reasons of Honor Crimes and the Violence Against Women and Children and Determining the Measures to be taken has been constituted in the Grand National Assembly of Turkey. The Commmittee has terminated its term and prepared its report. Report includes important missions of different sections of society in order to prevent honor crimes, legal sanctions and mentality change. In accordance with the Circular on the Prevention of Violence Against Women and Children and Honor Crimes issued by the Prime Ministry, General Directorate on the Status of Women has been designated as the coordinator institution. During the first meeting organized by this institution on 8 September 2006, representatives from related and responsible organizations, universities, NGO’s came together.

. In accordance with the Circular of the Prime Ministry, in order to prevent honor crimes and violence against women, a National Action Plan covering 2007-2010 including legal, institutional and cultural measures will be prepared by the Directorate General on the Status of Women.

International Basis

Turkey signed the BM Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) in 1985 and CEDAW entered into force on 19 January 1986. With the amendment to Article No.90 of the Constitution, all international texts including CEDAW aming at fundamental rights and freedoms have been considered over domestic legislation.

Beijing Declaration and Action Plan adapted at the UN 4th World Women Conference which Turkey has been partner without any reservations, asks governments to take necessary measures to prevent all forms of violence against women, including domestic violence