A Human Rights Watch 2002 report states that domestic violence is pervasive in Turkey, and that government funding for shelters and legal services is insufficient (2002). A memorandum submitted by the Turkish government to the Council of Europe discusses domestic violence:

Violence against women is still a social problem affecting great numbers directly and indirectly and requiring urgent measures. Despite the dimension of the problem, violence against women continues for reasons such as difficulties in enacting laws to prevent violence against women; insufficient information and awareness about existing laws; intervention methods taking account of the reasons for violence have not been developed; the media's negative role with regard to violence against women continues.

As a result of much research, it seems that there is a high ratio of violence within the family. For example, one sees physical violence at 34% and verbal violence at 53%. The same research shows that 46% of children face physical violence.

Research also showed that, after the definition of violence, 97% of women said yes to the question "do you face violation". Here the important thing is the definition and understanding of violation. With time, violation becomes ordinary. According to the results of Population and Health Research in Turkey in 1993, half of all married women think that a man can beat a woman if she deserves it. In the same research, half of women think that a woman should not argue with her husband even if she is right.

Law No 4320, enacted in 1998, aims to protect family members facing violation until the completion of the divorce process. During the year 1999-2000, about 4200 cases were finalised within this framework.

In our country, there are 8 women's shelters, attached to SHÇEK [The General Directorate of Social Services and Child Care Institution], in Izmir, Bursa, Antalya, Ankara, Eskisehir, Istanbul, Samsun and Denizli. There is also one shelter attached to the Küçükçekmece Municipality of Istanbul; women's information centres, 6 of which are attached to NGOs and 1 of which is attached to the local administration. Moreover, there are units giving guidance and information services in Social Service Directorates in 81 cities, attached to SHÇEK.

To tackle violence against women, educational material in the form of 6 spot films and 1 short film were prepared by the General Directorate on the Status and Problems of Women. Also, 3 spot films were prepared with the co-operation of the General Directorate and the Bar of Ankara (20-21 June 2002).

According to a 1998 article in the New England Journal of International and Comparative Law, Turkish women feel frustration "at the loss of hostels where they received sanctuary and advice." These shelters were forced out by the municipality of Istanbul, which wanted the buildings for government use (New England Journal of International and Comparative Law 1998). Furthermore, police response is ineffective, since "few women go to the police, who, in any case are reluctant to intervene in domestic disputes and frequently advise women to return to their husbands" (ibid.).

An article published on Bianet, an independent communication network in Turkey, quotes a jurist, Vildan Yirmibesoglu, as stating that the state has neglected domestic violence, and that legal provisions are insufficient (19 Apr. 2002). The jurist further states that "the legal equality of women with men is not sufficient. ... The unwritten laws of society imposed under customs, traditions and mentality are more powerful than written laws. For women's liberation this mentality should be destroyed first and foremost" (Bianet 19 April 2002).

On 1 January 2002, the Turkish government amended its Civil Code, granting (among other provisions) equality to women in family matters, stipulating that property and assets must be divided equally between spouses in divorce cases, and clarifying that women do not require the consent of their husbands to work outside the home (Al-Ahram Weekly 7-13 Mar. 2002; Women's E-News 13 Jan. 2002). An article on the website Women's E-News examines the effect of the new provisions on rural areas:

"As long as there are no legal, social and economic services for rural women, they will probably be the ones who benefit from the reforms the least," Ilkkaracan [a leader of Women for Women's Human Rights] said. Such services would include a special law and nationwide program to wipe out honor crimes and the building of shelters for women victims of violence all over the country, not just in the cities, she said (ibid.).

Amendments to the Civil Code change little for the 17 million women married prior to January 2002 (Al-Ahram Weekly 7-13 Mar. 2002; The Washington Times 1 Jan. 2002), and do not provide much protection for women in the south-east of Turkey (ibid.). According to a women's rights advocate quoted in The Washington Times article, "the ratio of religious marriages, polygamy, underage marriage, sexual abuse, rape and honor killing here is very high" (ibid.).

Specifically regarding the situation of women in south-eastern and eastern Turkey, the International Herald Tribune states the following:

In the remote southeast and east, about 10 percent of women are in polygamous marriages, even though the practice is illegal. And women are still taken by their families for virginity tests or compelled to renounce their legal inheritance in favor of brothers. Women are forced to marry their rapists to salvage the reputation of their families, and some are killed by their families for flouting tradition, even for doing nothing more than going out at night with female friends.

The new laws are partly aimed at facilitating Turkey's effort to join the European Union. They are also the product of a unified campaign by dozens of women's groups, which warn that unless the state goes beyond the mere passage of laws, change will be very slow. There are few shelters for battered women or those threatened with honor killings. The national government does not push local governments to enforce women's rights (20 June 2002).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Al-Ahram Weekly. 7-13 March 2002. Margot Badran. "Two Heads are Better Than One." http://www.ahram.org.eg/weekly/2002/576/fe4.htm [Accessed 25 Sept. 2002]

Bianet. 19 April 2002. Nadire Mater. "Honor-Killings: The Long Shadow of Tradition." http://www.bianet.org/2002/07/31_eng/news9359.htm [Accessed 25 Sept. 2002]

Council of Europe. 20-21 June 2002. "Memorandum Presented by the Turkish Delegation." http://www.coe.int/T/E/Communication_and_Research/Press/Events/5.-Ministerial_conferences/2002-06_Equality_between_women_and_men_-_Skopje/memo_Turkey.asp [Accessed 25 Sept. 2002]

Human Rights Watch. 2002. World Report 2002. "Women's Human Rights." http://www.hrw.org/wr2k2/women.html#Violence%20Against%20Women [Accessed 24 Sept. 2002]

International Herald Tribune. 20 June 2002. "Women's Rights in Turkey." http://www.flash-bulletin.de/2002/eJune20.htm [Accessed 24 Sept. 2002]

New England Journal of International and Comparative Law. 1998. Lena Adu-Kofi. "Domestic Violence in Turkey: Making a Case for Political Asylum for Turkish Women." http://www.nesl.edu/intljournal/VOL4/TURKEY.PDF [Accessed 24 Sept. 2002]

The Washington Times. 1 January 2002. "Turkey's New Year Marks Women's Rights." http://www.polygamyinfo.com/intnalmedia%20plyg%20124wastimes.htm [Accessed 25 Sept. 2002]

Women's E-News. 13 January 2002. Mona Eltahawy. "Turkish Law Recognizes Women, Men as Equals." http://www.womensenews.org/article.cfm/dyn/aid/777/context/archive [Accessed 25 Sept. 2002]

Additional Sources Consulted

IRB Databases

NEXIS

World News Connection

Internet sites, including:

Amnesty International

BBC

CNN

Human Rights Foundation of Turkey

Human Rights Watch

Info-Turk

International Relations and Security Network

Panos.org

Turkish Daily News

UNHCR

US Department of State, Consular Information Sheets

Women for Women's Human Rights/New Ways