15.02.2005 - Source: Council of Europe - European Commission against Racism and Intolerance

Changes in Civil Code ("Third report on Turkey: Adopted on 25 June 2004 and made public on 15 February 2005 [CRI(2005) 5]") [#30573],  [ID 13372]

"24. There are still no comprehensive civil and administrative law provisions designed to prohibit racial discrimination in Turkey. However, noteworthy progress has been made with regard to legislation on employment. The Labour Code was amended in June 2003 and its Article 5 now provides for the prohibition of discrimination on grounds including language, race, religion and membership of a religious group. National or ethnic origin as such is not mentioned as a ground for discrimination, but the list of grounds is not exhaustive. The prohibition of discrimination applies to labour relations excluding recruitment. Article 5 also provides for the burden of proof to be shared in respect of the end of a contract or reprisals against a person reporting discrimination. Article 18 of the Labour Code prohibits dismissal on discriminatory grounds and applies in the event of racial discrimination. The penalty for discrimination may take pecuniary form or involve reinstatement in the company.

25. ECRI welcomes these new provisions which constitute a step forward in the fight against discrimination in employment. However, they are limited in scope and do not cover all the forms of discrimination that may arise in this area, particularly in recruitment. ECRI also notes that the courts have apparently not yet applied these provisions, including the principle of sharing the burden of proof. Lastly, other areas of life are inadequately protected in terms of the prohibition of racial discrimination."

Document(s): Open document

07.07.2004 - Source: World Organisation Against Torture

Changes to civil code regarding women and children ("Violence Against Women - 10 reports - year 2003") [#24621],  [ID 13373]

"[...] Several noteworthy changes to the Code reflect the new approach to gender equality: 1) The husband is no longer the head of the family; spouses are equal partners, jointly running the matrimonial union with equal decision-making powers; 2) Spouses have equal rights over the family abode; 3) Spouses have equal rights over property acquired during marriage; 4) Spouses have equal representative powers; 5) The concept of “illegitimacy” formerly used to designate children born out of wedlock has been abolished; custody of children born outside marriage lies with the mother. The new Civil Code has also raised the legal minimum age for marriage to 18 (it was formerly 15 for women and 17 for men), gives the same inheritance rights to children born outside the marriage, gives single parents the right to adopt children, and gives women the right to retain their maiden names when hyphenated with that of their spouses.”
[...]
OMCT also notes with concern that the Turkish Penal Code still contains
several discriminatory articles - in particular regarding rape."

Document(s): Introduction and Contents
Cover Turkey

31.03.2003 - Source: US Department of State

Few couples signed agreement on equal share of goods ("Country Reports on Human Rights Practices - 2002") [#11861],  [ID 13374]

"A new Civil Code implemented in January replaced a 1926 Code that discriminated against women in some areas. In August the Government ratified the Optional Protocol to the U.N. Convention on the Elimination of Discrimination against Women. The husband is no longer the legal head of the household–-the Code now stipulates that the spouses shall choose and manage the household together. Both spouses were given equal rights over guardianship and the choosing of a trade. Discrepancies between the legal marriage age for men and women were removed. A clause awarding both spouses an equal share of goods acquired during marriage applies only to marriages entered after the adoption of the new Code. Couples married before adoption of the new Code could benefit from the clause only if both spouses signed a notarized agreement before December 31. According to Flying Broom, very few couples signed such documents, as most women either did not know about the clause or could not convince their husbands to sign. Under inheritance laws, a widow generally received one-fourth of the estate, and her children received the rest. In January Parliament overturned a regulation banning female civil servants from wearing pants in the workplace, although Parliament's internal code was not revised to conform with the regulation."

Document(s): Open document

09.10.2002 - Source: European Commission

European Commission: New Civil Code adopted ("2002 Regular Report on Turkey's Process Towards Accession") [#10217],  [ID 13375]

"Parliament adopted some 45 new laws including the new Civil Code (1030 articles) and
the three ‘reform packages’ implementing the 2001 constitutional amendments.
Parliament also re-adopted without change two laws that had been vetoed earlier by the
President, namely the law on conditional release of prisoners and the High Audio Visual
Board (RTÜK) Law on broadcasting. The latter law was subsequently amended as part of
the third reform package of August 2002."

Document(s): Open document