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The Fourth and Fifth
Combined Periodic Report of TURKEY
June, 2003
TURKEY
CONTENTS
Introduction
Article 1. Definition of Discrimination against Women
Article 2. Obligations to Eliminate Discrimination
Article 3. The Development and Advancement of Women
Article 4. Acceleration of Equality between Women and Men
Article 5. Sex Roles and Stereotyping
Article 6. Exploitation of Women
Article 7. Political and Public Life
Article 8. International Representation and Participation
Article 9. Nationality
Article 10. Education
Article 11. Employment
Article 12. Equality in Access to Health Care
Article 13. Social and Economic Benefits
Article 14. Rural Women
Article 15. Equality before the Law and Civil Matters
Article 16. Equality in Marriage and Family Law
INTRODUCTION
Turkey submitted its second and third periodic report
(CEDAW/C/TUR/2-3) to the Committee on the Elimination of Discrimination against
Women at its 318th and 319th meetings on 17 January 1997.
Since then, much has happened globally as well as nationally in Turkey that
cause for celebration as well as concern for the sustenance of the gender
equality agenda and world peace in general.
In 1999, we celebrated the 20th anniversary of the
Convention on the Elimination of All Forms of Discrimination against Women -
women’s bill of rights; the same year, the General Assembly adopted the Optional
Protocol to CEDAW, thereby empowering the Committee to respond more proactively
to systematic violations of women’s rights; in 2000, the international community
conjoined to review and appraise progress made in the implementation of the
Platform for Action and identified further actions and initiatives for the
achievement of equality between women and men; the same year, the Security
Council addressed the issue of women and peace, thus, placing gender agenda at
the center of multilateral dialogue on issues of conflict prevention and peace
building; in 2001 the Commission on the Status of Women adopted its new
multi-year work programme, which outlines the priority areas for gender equality
policy framework for the years 2002 to 2006; last but not least, in 2002 the
General Assembly adopted the most welcomed resolution on “honour crimes”.
For Turkey, the period since 1997 is marked by milestone legal
reforms that eliminate fundamental discriminatory provisions against women as
well as other initiatives that contribute towards expanding the boundaries of
equality and human rights of women. In 1997, compulsory basic education has been
increased from five to eight years; in 1998, the law on domestic violence
(Protection of the Family Law) was adopted; in 1999, the reservations to CEDAW
were lifted; in 2002, after five years of long and hard work, the new Civil Code
was adopted; in 2001, the parliament ratified the Optional Protocol to CEDAW;
and within this enabling legislative environment, observance of CEDAW principles
in combating violence against women, women’s poverty and economic exploitation,
among others, have been included in the programme of the recently formed
58th Government.
However, the progresses achieved at home and abroad are
overshadowed by increased trends in political conservatism, the growing
socio-economic disparities and the intensified conflicts world wide. Most
striking, no doubt has been the unfortunate events of 11 September 2001 and the
subsequent developments that continue to threaten the sustenance of constructive
dialogue among the international community. In this regard, the joint EU-OIC
Forum, which Turkey had the honour of hosting in Istanbul on 12-13 February
2002, is an example of a good practice towards keeping the dialogue open. It is
essential that the dialogue continues to prevent the reversal of progress in
civil liberties, universal human rights and international cooperation achieved
thus far. It is well known by now that women’s rights are the first to be
violated and sacrificed when repressive and anti-democratic environment
prevails.
In the home front, Turkish society confronted grave challenges.
Terror, which started in the mid-eighties and escalated during the first half of
the 1990’s, finally became contained by the security forces by 1997. This
enabled the state to immediately put into motion a vigorous programme for the
socio-economic development of eastern provinces, where the destruction was
heaviest. At the same time, the extraordinary security mechanisms implanted in
the region to combat terrorism, is systematically being lifted to restore civil
order. This allows for an enabling environment to put into practice effective
policies and programmes to combat the multi-facetted problems women of the
eastern regions encounter.
In 1999, another disaster struck Turkey. A devastating
earthquake took a heavy toll in human life and property and shattered public
consciousness, the effects of which are still quite alive today. Efforts to
re-build the ruins became constrained by the recent economic crisis, which
drastically increased the proportion of the population who are below the poverty
line. While there are promising signs of economic recovery, at the time this
report was being written, the possibility of a war in the region seemed to be
yet another threat for Turkey as well as for the entire region.
The fourth and fifth combined periodic report of Turkey is
prepared against such a background. Despite the vulnerabilities surrounding
Turkey, state commitment to the principles of CEDAW and the Beijing Platform for
Action (PfA) remained intact. Changes in governments did not result in a
deviation from compliance with this commitment. The initiatives undertaken
within the context of EU accession process has also complemented the efforts
with regard to CEDAW and PfA commitments.
Turkey’s third and fourth combined report was prepared in a
participatory manner, whereby integrating the contributions of relevant
government institutions as well as academicians and the non-governmental
organizations. The report aims to highlight achievements made vis-à-vis each
article of the Convention since the last reporting. Inadequacies, particularly
in implementation and persisting obstacles to change, are also identified. While
there is much to celebrate in terms of achievements, women’s situation in
Turkey, is far from the desired levels both in terms of basic development
indicators as well as women’s participation in decision making and the more
symbolic aspects of their representation in public space.
Women are still grossly underrepresented in the parliament,
violence against women is still a social ill and allocation of resources,
particularly the national budget, is still gender biased. This insufficiency in
the budgetary distribution process is reflected in the limited human and
financial resources available to the Directorate General for the Status and
Problems of Women. Regrettably, the Directorate General continues to function
without an organizational law, which is before the parliament awaiting
consideration. There is still much to be done in strengthening the institutional
capacity of the national machinery for the advancement of women and in
eliminating discrimination against women in both the public and private spheres
of life.
The Government of Turkey is appreciative of the efforts and the
invaluable work of the Committee on the Elimination of Discrimination against
Women and looks forward to a fruitful dialogue during the review of Turkey’s
3rd and 4thcombined report.
The Concept of Discrimination against Women
Article 1. For the purposes of the present Convention, the
term “discrimination against women” shall mean any distinction, exclusion or
restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women
irrespective of their marital status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the political, economic, social,
cultural, civil or any other field.
The Convention on the Elimination of All Forms of
Discrimination against Women was signed by the Government of Turkey in 1985 and
ratified in 1986 with certain reservations, since Articles 15 (paragraphs 2 and
4) and 16 (paragraphs 1/c through 1/g) of the Convention were incompatible with
the Family Law section of the Turkish Civil Code, particularly those pertaining
to women’s legal capacity, such as; right to enter into contractual
relationships; responsibilities concerning children; and choice of domicile,
family name, work and job. These reservations were withdrawn on September 1999
in the light of the review and amendment of the Civil Code. The Optional
Protocol to the Convention, which was signed on 8 September 2000, was ratified
on 30 July 2002. The Protocol will go into force in January 2003. By adopting
the Optional Protocol, Turkish Government has strongly confirmed its commitment
to women’s advancement and full compliance with the Convention on the
Elimination of All Forms of Discrimination against Women.
2- The review process of the Turkish Civil Code took place
between the years 1993 and 2001. The discriminatory clauses have been amended in
compliance with the norm of non-discrimination, thus, bringing the Civil Code in
line with the Convention. The new Civil Code was adopted by the Turkish
Parliament on 22 November 2001 and came into effect on 1 January 2002.
Additionally, in October 2001, Article 41 of the Constitution was amended to
define the family as an entity that is “based on equality between the spouses”.
The Directorate General on the Status and Problems Women
(DGSPW) took an active role in the long and difficult drafting process of the
Civil Code and brought to the attention of the commission, mandated by the
Ministry of Justice to draft the Civil Code, the issues that needed to be
addressed, including the relevant suggestions of non-governmental organizations
in order to eliminate discriminatory clauses and those that sustain
discriminatory practices and restrict women’s enjoyment of their fundamental
rights and freedoms.
The new Civil Code, which is discussed in detail under Articles
15 and 16, has taken a new approach to the family and women’s role within the
family, thus targeting the most intimate level where gender discrimination is
continually reproduced. With a more simplified and accessible language, the new
law establishes equality between the spouses in several ways: the concept of the
male head of the conjugal union is replaced by equal partnership where the
spouses manage the matrimonial union with equal decision making authority;
spouses have equal rights over the family domicile and they have equal
representational powers. The concept “illegitimate children”, which was used in
the previous law for children born out of wedlock, has been abolished and their
custody given to the mother. Minimum age of marriage is raised and equalized for
both sexes. The most significant amendment under the new Civil Code is the
Regime Regarding the Ownership of Acquired Property as the legal property regime
(Articles 218-241). These legislative reforms are further elaborated under
Articles 15 and 16 of this report.
The review and reform of the Turkish Criminal Code, under the
coordination of the Ministry of Justice, is also currently under way. The DGSPW
has submitted its comments to the first draft of the amended law on the basis of
a review undertaken by a special commission it established comprising of
academicians and non-governmental organizations. The amendments of the Criminal
Code have been finalized by the Ministry of Justice and submitted to the Office
of the Prime Minister for consideration (see Article 2/g of this report).
The Ministry of Justice drafted a law (Addition of Some
Articles to Turkish Criminal Code and Amendment of an Article in the Law to
Combat Organized Crime) in conjunction with the Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and Children, supplementing
the United Nations Convention against Transnational Organized Crime. The law has
been adopted by the Parliament on 3 August 2002. The law criminalizes forced
work, provision of involuntary services, enslavement like treatment, soliciting
organ donation by way of threat, force, pressure and misuse of position, and
deceit and exploitation of those who are vulnerable to engage in the smuggling,
transporting, detaining and trafficking of women, children and men (see Article
6 of this report).
Law No. 4320 on the Protection of the Family, adopted to
curtail domestic violence, became effective on 17 January, 1998. In view of the
criticisms and problems encountered in the implementation of the law since its
enactment a draft proposal to amend some articles of the law has been prepared
and submitted to the Prime Ministry for consideration.
In observance with the principle of women’s equal opportunity
in the work place as well as in compliance with EU standards, a draft law has
been prepared to regulate and equalize parental leave provisions in the existing
social security systems. The draft law stipulates that the spouses may share a
six month unpaid leave after delivery. The same right is granted to parents in
cases of adoption. The draft law has been forwarded to the Prime Ministry for
consideration. Adoption of paternity leave in the law potentially challenges the
conventional notion of parenthood and the idea that rearing of children is the
natural domain of women. When the law goes into force it will provide couples
with alternative ways of organizing their private and work lives, with due
consideration for the needs and interests of both women and men. It will also
have a positive impact on reducing discriminatory practices in the world of work
that often exclude women from employment or promotion since they are perceived
by some employers as unreliable workers due to their reproductive functions.
Additionally, children growing up in a home environment where reproductive
responsibilities are shared by both parents will be socialized into more
egalitarian gender roles.
Elimination of Discrimination against Women
-Article 2. States Parties condemn discrimination
against women in all its forms, agree to pursue by all appropriate means and
without delay a policy of eliminating discrimination against women and, to this
end, undertake:
(a) To embody the principle of the equality of men and
women in their national constitutions or other appropriate legislation if not
yet incorporated therein and to ensure, through law and other appropriate means,
the practical realization of this principle;
Reference is made to Turkey’s second and third combined report
and also to Articles 15 and 16 of this report.
States Parties shall …..ensure;
(b) To adopt appropriate legislative and other measures,
including sanctions where appropriate, prohibiting all discrimination against
women;
The issue of women’s advancement was part and parcel of the
modernization project of the Turkish Republic at its inception. Despite many
reforms in that regard, it wasn’t until the 5th Five Year Development
Plan (1985-1990) that women’s status was addressed within development planning.
The 8th Five Year Plan (2001-2005), which contains development
strategies, has identified specific measures to be taken for the advancement of
women. In this regard, Article 10/e institutes equal opportunity measures for
women, particularly in the area of education. Further, in the section on “Legal
and Organizational Restructuring”, the Plan outlines the changes to be made in
the Turkish Civil Code, in view of the emerging socio-economic challenges. As
indicated earlier, the law has been amended and has gone into force on January 1
2002 (refer to Articles 15 and 16 of this report)..
Advancement of women has become an integral part of subsequent
government programmes. For example, the programme of the 57th.
Government, took office after the 1999 general election, states that,
“Participation of women in all productive aspects of social and economical life
will be encouraged and efforts for the improvement of the status of women will
be accelerated”. Likewise, the current Government Programme (58th
Government was established after the 3 November 2002 general election)
reiterates the importance of gender equality in all spheres of life and
indicates that the implementation of the principles of CEDAW is a priority
agenda item in the government’s policy programme.
States Parties shall…ensure;
(c) To establish legal protection of the rights of women on
an equal basis with men and to ensure through competent national tribunals and
other public institutions the effective protection of women against any act of
discrimination;
In Turkey’s 2nd and 3rd combined report,
the establishment and organization of the DGSPW, as the national mechanism for
protection of women against discrimination, was elaborated. Since the last
reporting, a draft law on the reorganization of the DGSPW was accepted by the
relevant commissions of the parliament; however, no action so far has been
taken. The draft bill, foresees the establishment of an Advisory Council for the
Status of Women to serve as a mechanism for mainstreaming gender into all
governmental plans and programmes. Such a Council, when established, will be
instrumental in the establishment of further protective institutions.
The DGSPW, through a draft bill submitted to the Prime
Ministry, has proposed a change in the decree on the internal operation of the
Parliament to allow for the establishment of a “Commission on Equality between
Women and Men”. Currently there are 16 special commissions in the Parliament. If
the proposed law is adopted, an institutional mechanism mandated to review all
legislation from a gender equality perspective would be operative within the
Parliament.
Another progress in this regard, is the work that is under way
in the Ministry of Justice towards the establishment of an ombudsman system to
oversee claims of individual damage accrued as a result of decisions and
practices within the public administration system. The DGSPW has made
contributions to this process.
States Parties shall………ensure;
(d) To refrain from engaging in any act or practice of
discrimination against women and to ensure that public authorities and
institutions shall act in conformity with this obligation;
Reference is made to Turkey’s 2nd and 3rd
combined report.
(e) To take all appropriate measures to eliminate
discrimination against women by any person, organization or
enterprise;
Measures undertaken in this regard are discussed under specific
articles of this report.
(f) To take all appropriate measures, including
legislation, to modify or abolish existing laws, regulations, customs and
practices which constitute discrimination against women;
In an effort to disseminate information on and promote the new
Civil Code the DGSPW, in collaboration with Governorates, bars association, and
women’s NGO’s, held various nationwide meetings during 2002.
The reform of the Turkish Civil Code constitutes a major
progress in abolishing discriminatory provision from the law and in introducing
an egalitarian understanding to the family and gender relations. Some of these
changes have already been mentioned, the main amendments are summarized under
Articles 15 and 16 of this report. The new law will not only enhance women’s
rights and legal standing but it will also have a long term impact on altering
perceptions, customs and practices that constitute discrimination against women.
The process of reform has been instrumental in expanding the
gender equality agenda as it has stimulated debates on other relevant issues
among law and policy makers and public at large. For instance, a draft bill on
the establishment of family courts has been prepared and submitted to the
Parliament where it is expected to be adopted shortly. Family courts, when in
force, will oversee cases related to the family law and the 1998 law regulating
domestic violence. The presence of such specialized courts and corresponding
cadre would no doubt strengthen the capacity of the legal system to respond more
effectively with regard to the norm of non-discrimination and thus minimize the
constraints women encounter in legal transactions.
Further reforms are needed to amend remaining discriminatory
provisions from the Constitution, the Criminal Code, the Citizenship Act, the
Civil Servants Code, the Labour Code and the Social Security Code. As mentioned
above, work is already under way in some of these areas. The proposed changes in
the Criminal Code are discussed under 2(g). Other significant initiatives in
changing discriminatory provisions are as follows:
Law on Domestic Violence
The aforementioned Law on Protection of the Family, enacted in
17 January 1998, was a positive step in dealing with issues of violence against
women, which is predominantly committed within the family. The recommendations
of the Committee to Turkey’s previous report were instrumental in pushing
forward the legislation in this regard. Before the adoption of this law, cases
involving domestic violence were considered under the general provisions of the
Criminal Code. This posed difficulties in the determination and punishment of
such crimes due to the fact that the private sphere of the family life remained
largely outside of the regulatory mechanisms of the existing legislative
framework. Whereas, the new law concerning domestic violence has opened up
matters once perceived as private to public concern whereby the offender is
subject to various punitive measures. Such as; forcing the offender to abandon
the house, confiscation of arms owned by the offender, payment of temporary
alimony, ban on disturbing the family through the means of communication
devices, and prohibiting the destruction of the possessions of other family
members. Violation of these measures would be penalized from 3 to a maximum of 6
months of imprisonment. The law is applicable upon a complaint to the police by
the victim or any other person. Since the Law on the Protection of the Family
has gone into force, increasing number of cases has been reported. From 1
January 1999 to 31 December 2001, a total of 7613 domestic violence cases
reached the courts, of which 7449 have been finalized.
DGSPW has prepared a brochure introducing the provisions of the
law and disseminated it nationwide. It is also monitoring the implementation of
the law. In this regard, proposed amendments have been submitted to the Office
of the Prime Minister for consideration. In addition, on 15 November 2002, the
Ministry of Justice has issued a manual by-law, providing guidelines for
the interpretation and implementation of the law.
Women’s Chastity
One of the most controversial issues in Turkey in the past
decade has been the issue of virginity tests, which is regarded as a gross
violation of women’s human rights, her sexuality and Article 17 of the Turkish
Constitution. The latter states that, with the exception of medical requirements
and circumstances delineated in legislation, no one’s bodily integrity may be
violated. Various provisions in the law have been used in the past to justify
enforced virginity testing. One such statute has been the Awards and Discipline
in the High School Education Institutions of the Ministry of Education, which
came into effect on 31 January 1995. The statute stated that the “proof of
unchastity” is a valid reason for expulsion from the formal educational system.
Virginity testing was often the method by which the necessary evidence was
produced. As a result of pressures from women’s groups and public debate, with
the recommendation of the DGSPW, the Ministry of Education has removed the
reference to “unchastity” from the revised statute on 26 February 2002, thus,
eliminating a gross gender based discrimination.
Prior to this, on 13 January 1999, the Ministry of Justice, in
response to protests and public pressure, issued a statute banning the bodily
examination of women for reasons of disciplinary punishment against their
consent or in a manner which will hurt or torment them. The statute eliminated
virginity testing by distinguishing it from the legally required vaginal or anal
examinations under conditions of rape, sexual conduct with minors, and
encouraging or acting as an intermediary for prostitution. In such
circumstances, if deemed necessary, the judge may order vaginal or anal
examinations without the consent of the woman. However, the judicial decree
needs to be accompanied by written approval from the public prosecutor.
Maternity Related Laws
Maternity leave and related issues are regulated by the Public
Servants Law and the Labour Law. The former grants 3 weeks of leave before the
delivery, 6 weeks of paid and a year of unpaid leave after delivery. The Labour
Law, on the other hand, grants 6 weeks of maternity leave before delivery, 6
weeks of paid and 6 months of unpaid leave after delivery. A draft law prepared
by DGSPW has been submitted to the Prime Ministry that aims to bring about
compatibility of rights under the two regulatory mechanisms. Moreover, the draft
bill recommends the replacement of maternity leave with parental leave, granting
of parental leave rights to parents in situations of adoption and full
involvement of the father in the care and raising of the children.
Job Security
The articles in the Labour Code and other relevant laws,
pertaining to job security have been amended and are expected to go into force
on 15 March 2003. In accordance with the amendments, work contract cannot be
terminated due to membership and participation in unionized activities, taking
the employer to court for violation of terms of contract and work regulations.
The amended law also protects the employee against all forms of discrimination
on the basis of race, sex, marital status, family responsibilities, pregnancy,
religion, political opinion and social and ethnic origin. In cases involving
termination of a contract, the employer is obligated to provide a written
justification of the reasons for the termination and in the event of a dispute,
the burden of proof falls on the employer.
States Parties shall……ensure;
- To repeal all national penal provisions which constitute discrimination
against women.
The Ministry of Justice has forwarded a draft bill with
amendments to the Criminal Code to the Prime Ministry on 9 October 2002. Among
the proposed changes are:
- Acts of torture are defined as independent offences committed by an
individual. Such acts that are committed against minors under 18 years of
age and against a spouse are considered as factors that intensify the
magnitude of the offence, therefore, a ground for heavier penalty;
- Removal of Article 423, which criminalizes the violation of virginity
under the pretext of marriage;
- Removal of Article 462, which provides a reduced sentence for the
offender of homicide or assault and battery cases that involve adultery or
illegitimate sexual intercourse of spouse, sister, brother or other kin,
without any reasonable doubt;
- Consideration of “psychological pressure” as act of force in rape or
attempted rape cases;
- Defining “crimes against sexual integrity” as crimes against the
individual rather than crime against public decency;
- Inclusion of a provision relating to marital rape;
- While punishment of rape varies according to the age of the victim,
heaviest penalty is foreseen for sexual crimes committed against children
under 12 years of age;
- Removal of distinction based on the marital status of women who are
victims of abduction with sexual intend;
- In sexual crimes, the sentence is suspended when the victim marries the
offender; but the draft changes this situation and brings the provision that
the judge will first listen to the victim and the offender and s/he will
only suspend the sentence if he/she is convinced that both of the parties
are willing to marry on their free will. When there are more than one
offenders and one of them marries the victim, the provision about the
suspension of the sentence for the others remain unchanged;
- In crimes of rape, the usage of anything apart from the “sexual
extremities” is also considered as rape;
- An article of the Criminal Code pertaining to Crimes against Job and
Freedom of Work has been amendment as part of the EU Accession Package,
adopted by the parliament on 3 August 2002. With this amendment, detailed
regulatory provisions and increased punishment are introduced for organized
human trafficking.
The proposed amendments summarized above represent a
significant break from the patriarchal understanding of sexuality which is
reflected in the current law, where crimes of sexual assault against women and
girls are treated as felonies against public decency and family order. By
adopting the notions of sexual offences as crimes against the individual, the
draft bill will not only enhance justice but it will eventually also contribute
towards challenging the notion of honour in Turkish society which is still
intimately connected to women’s sexuality and which is a primary factor
underlying gender based discrimination.
Reference was made in Turkey’s previous report that, Article
441 in the Criminal Code regulating male adultery was cancelled in 1996 by the
Constitutional Court on the ground that it violated the constitutional principle
of equality. Since a new law was not prepared within the legal duration of one
year, male adultery by default ceased to being a crime under the law. While, on
the other hand, adultery of women, regulated by Article 440, remained effective.
On 23 June 1998, the Constitution Court annulled the latter, thus correcting the
existing inconsistency. Consequently, adultery does not constitute a crime in
Turkish law, but it may constitute a ground for divorce according to the Civil
Code (Article 161). Filing for divorce on the grounds of infidelity entitles the
injured party to claim general damages (Article 174 of the Civil Code).
Development and Advancement of Women
Article 3. States Parties shall take in all fields, in particular in the
political, social, economic and cultural fields, all appropriate measures,
including legislation, to ensure the full development and advancement of women,
for the purpose of guaranteeing them the exercise and enjoyment of human rights
and fundamental freedoms on a basis of equality with men.
The development and advancement of women has been part and
parcel of the modernization endeavours of the Turkish Republic since its
creation. In this process, as described in earlier reports, Turkish women were
granted many of their civil liberties relatively early by world standards. As
aforementioned, since the 5th Five Year Development Plan (1985-90),
women’s issues have been identified as an independent area of concern for
development policy and planning. As discussed under Article 14 of this report,
women are defined as priority target groups in development projects to bridge
the existing regional and sectoral gaps.
In observance of international standards, Turkey has become
party to CEDAW and the Optional Protocol as well as the Convention on the Rights
of the Child, and other relevant international agreements, including those
related to ILO, OECD, Council of Europe, Organization for Security and
Cooperation in Europe, among others. Turkey also supports all regional
and global equality and human rights initiatives and participates in relevant
international platforms.
In November 1997, Turkey hosted the Council of Europe,
4th European Ministerial Conference for Gender Equality in Istanbul.
The theme of the Conference was “Democracy and Gender Equality”. Discussions
proceeded within the context of two sub-themes: “Gender Equality as a Basic
Criterion of Democracy” and “Achievement of Gender Equality in Democratic
Society: the Role of Men”. The Conference ended with the adoption of “Istanbul
Declaration” as a contribution to guide gender equality policies.
Turkey supports and participates actively in all initiatives
and efforts of the UN General Assembly, Economic and Social Council and the
Commission on the Status of Women, to promote and safeguard women’s human
rights. In this regard, the DGSPW worked closely with non-governmental
organizations in the preparation for the Beijing+5 process. An official
delegation, composed of representatives of governmental and non-governmental
organizations, actively participated in both the Beijing+5 regional prepatory
meeting at ECE as well as the special session of the UN General Assembly on
“Women 2000: Gender equality, development and peace in the 21st
century”. The Turkish delegation made significant contributions to the
negotiation of the Beijing+5 final outcome document, particularly with regard to
issues such as reproductive rights, honour crimes and forced and early
marriages.
On 6-9 November 2001, the Directorate General hosted an expert
group meeting on “Environment Management and Mitigation of Natural Disasters: a
Gender Perspective” in collaboration with the United Nations Division for the
Advancement of Women. The meeting was held in conjunction with the
46th session of the Commission on the Status of Women, which took up
the issue of natural disasters.
At the national level, one of the most significant
contributions to the development and advancement of women has been in the area
of generation and dissemination of sex-disaggregated data. State Institute of
Statistics is the main agency responsible for statistical data on human
resources in Turkey. The database on gender statistics and indicators, which is
compiled by the Division of Statistics on Social Structure and Women of the
Institute, provides reliable and updated data for policy formulation as well as
monitoring and evaluation of development programmes
In 1998, the DGSPW and the Division of Statistics on Women
collaborated on a project supported by UNDP to develop a gender statistics and
indicators database, focusing particularly on, demography, family structure,
education and employment. The database is accessible through the website of the
State Institute of Statistics (www.die.gov.tr). In accordance with the
recommendation contained in the GOT (Government of Turkey)-UNICEF Cooperation
Programme for 2001-2005, work is underway to consolidate the Women Statistics
and Indicators database and Children Information Network database to allow for a
more efficient monitoring of the compliance with both the Convention on the
Rights of the Child and the Convention on Elimination of All Forms of
Discrimination against Women.
Parallel to these developments, the State Institute of
Statistics is revising its data collection approaches from a gender perspective
and developing participatory research and project implementation
methodologies.
Acceleration of Equality between Women and Men
Article 4. 1. Adoption by States Parties of
temporary special measures aimed at accelerating de facto equality between men
and women shall not be considered discrimination as defined in the present
Convention, but shall in no way entail as a consequence the maintenance of
unequal or separate standards; these measures shall be discontinued when the
objectives of equality of opportunity and treatment have been achieved.
4. 2. Adoption by States Parties of special measures,
including those measures contained in the present Convention, aimed at
protecting maternity shall not be considered discriminatory.
Reference is made to Turkey’s 2nd and 3rd
combined report.
As indicated in Turkey’s previo us report Halk Bank and Vakýflar Bank launched a “Special Women’s Credit
Programme” to ensure women’s participation in development and to encourage them
to venture into entrepreneurial activities. These programmes are
continuing.
See Article 7 of this report for special measures adopted by
political parties to enhance women’s political participation.
Provisions for the protection of women workers in the 1475
Labour Law have been expanded and included in the draft Work Law (4857). The
draft law stipulates that work contract cannot be terminated due to pregnancy
and delivery (Article 18); that direct or indirect discriminatory treatment
cannot be applied due to sex and pregnancy (Article 5); that the duration of the
legal maternity leave shall be counted as worked time; and that women workers
may nurse their baby during work hours (Article 66).
There are specific laws listing the places where women cannot
work. Women of all ages cannot be employed to work underground or underwater
(Artitcle 72). The law also stipulates that if deemed necessary by a physician,
pregnant women shall perform light tasks and this shall not be ground for
reduced wage (Article 74).
The law defines the arduous and dangerous work situations
(Article 85) and night shift conditions (73) under which women cannot work.. The
regulations in this regard shall be determined jointly by the Ministries of
Health and Labour and Social Security.
According to the draft law, a worker who encounters sexual
abuse or harassment in the work place may terminate her contract without prior
notice and be eligible to claim both redundancy payment and general damages. The
Criminal Code provides the legal framework within which sexual harassment cases
may be pursued in court.
Sex Roles and Stereotyping
Article 5. States Parties shall take all appropriate
measures:
(a) To modify the social and cultural patterns of conduct
of men and women, with a view to achieving the elimination of prejudices and
customary and all other practices which are based on the idea of the inferiority
or the superiority of either of the sexes or on stereotyped roles for men and
women;
Mainstreaming a gender perspective to all policies, plans and
programmes in Turkey is an ongoing endeavour to eliminate prejudices and
practices that sustain negative gender stereotyping; however, the process is
still in its initial stage. The DGSPW aims at formulating and implementing its
programmes and activities in collaboration and coordination with other
governmental entities, non-governmental organizations and gender and women’s
studies and research centres and programmes within universities as well as other
relevant organizations.
DGSPW established communication networks within all relevant
ministries in order to promote and encourage gender sensitive policies and
programmes throughout the public sector. A good practice that has emanated from
this initiative is the creation of status of women focal points within
Governor’s offices at the provincial level. Since 1998, although only 14 such
focal points have been established and although they are by and large under
staffed and under financed, the focal points have been instrumental in
decentralizing the gender equality policies and programmes promoted by the
national machinery and have become centres through which information becomes
disseminated to the periphery, thus contributing to gender sensitization in
eliminating negative stereotypes about women in the more traditional provincial
areas.
Academic Institutions for Gender Research and Training
Academic institutions, particularly through the activities of
gender and women’s studies programmes and centres, play a major role in shaping
public opinion regarding human rights and equality of women. Basically there are
two types of such entities within the universities: (i) inter-disciplinary
graduate programmes, which undertake research and offer masters degrees on
women’s studies. Currently there are four graduate programmes in various
universities in the country; (ii) research and implementation centers for
women’s problems, which in addition to degree programmes also offer training
programmes. Since mid-90’s, the number of such centers has reached 14. The
Higher Education Council has been actively promoting the creation of such
centers in the universities. DGSPW provided financial support to the
establishment of some of these programmes/centers.
These academic entities provide gender sensitive education to
young professionals, generate knowledge on status of women and gender relations,
mainstream a gender perspective within academia, contribute to policy formation,
organize training workshops and seminars for public and private actors involved
in women’s issues, such as the security forces, legal personnel, members of
non-governmental organizations, among others, and through advocacy raise
consciousness in society about women’s human rights and equality. Some of the
faculty in these institutions are actively involved in the international gender
platform, thus contributing to the global gender agenda and also facilitating
the domestic compliance with international gender equality norms. Through their
personal research, publications and participation in international conferences,
the feminist academics contribute to the literature both in terms of theory,
method and the specifics of the situation of women in Turkey.
The women’s research and training programmes and centers are
encountering financial bottlenecks. They rely mainly on multilateral and lateral
donor funds to undertake projects and other extra-curricular activities. DGSPW,
itself funded to a large extent by external sources, has extended financial
support to research and training activities of these academic institutions. The
technical support of the United Nations Development Programme (UNDP) has been a
major source of funding that enabled the Directorate General to support such
initiatives over the years.
Sexism in the Media
The media continues to produce and perpetuate sex role
stereotyping that is discriminatory towards women. Aside from objectifying
women’s body, the media represents men and women in their conventional sex
roles, where women are often projected as de-sexualized mothers and household
managers, and men as professionals and the representatives of power and
authority.
However, with the maturation of the women’s movements after
1990s and the impact of the national machinery for women as well as the women’s
studies programmes, sexism in media – both in terms of representation of women
and participation of women as professionals in the various media organizations –
has become more visible and a topic of debate and research. The number of
scholarly publications and student dissertations that analyze the sexist codes
in the production of news, advertisements etc., in print and visual media has
systematically increased, giving the issue greater visibility. The increased
visibility of the problem of sexism in the media must also be attributed to role
of the magazine Monday, a Newspaper for Women, which is published since 1995 by
the Foundation for Woman, Culture and Communication. Unlike the short lived
experiences of other feminist publications, Monday succeeded in maintaining a
bi-monthly publication since 1995 and became the first and only feminist
publication with a nationwide distribution network.
The fact that women are grossly unrepresented in the various
sectors of the media also contributes to the persistence of sexism of the
sector. However, with the increase in the number of private media companies
during the last decade, the number of women working, particularly in the TV and
movie industry, has increased. Yet, proportion of women in managerial positions
is still at insignificant levels. Sex-disaggregated data on employees in the
different sectors of the media is scarce. Therefore, reference can be made to
only some fragmented sources of information. For example, women held only 1,873
of the 11,322 yellow ID cards given to journalists on June 2000; in the
autonomous Turkish Radio and Television Institution (TRT), women make up 2,030
of the 8,180 personnel, and 116 of the 214 managerial posts. In the latter,
women are concentrated mainly in middle management and they make up only 1 % of
the high-level management posts. The annual ratio of women oriented programmes
on TRT television channels is 6.9 %, and on the radio channels it is 15-17%.
Violence against Women
Violence against women is an important issue that effects,
directly or indirectly, large segments of the society and urgent measures are
required to curtail and eliminate it. The persistence of violence can be
attributed to many factors, including difficulties in the implementation of laws
and regulations that prohibit such acts, lack of awareness and knowledge of the
existing regulations and mechanisms, lack of effective measures to deal with the
underlying causes of the problem and provocative role the media continues to
display in covering acts of violence.
Among the existing support and aid mechanisms for women subject
to violence, the following are most noteworthy:
(1) Counseling Centres and Shelters
The issue of violence against women became a public agenda item
thanks to the efforts of the women’s movement in Turkey. Through extensive no
violence campaigns and women’s human rights advocacy, they played an important
role in increasing public awareness on violence against women as well as in
informing women of the availability of the existing laws and mechanisms in this
regard.
Non-governmental organizations, as part of their mandate to
eliminate violence against women, conduct research and gather data on violence
and develop problem solving strategies to respond to physical, psychological,
social, financial and legal problems arising as a result of incidence of
violence. Within this context, they provide counselling services and shelter for
battered women. While two women’s shelters that were opened by NGO’s had to
close down due to financial constraints, the number of NGO counselling centres
increased from 3 in 1995 to 8 in 2000. On the other hand, guidance and
counselling services are also offered by the Provincial Social Services
Directorates of the 81 provinces as well as by the DGSPW.
The DGSPW and the Directorate General of Social Services and
Child Protection Institute (SHÇEK) are mandated to develop national policies and
plans for governmental services and programmes to eradicate violence against
women and children.
The SHÇEK provide services for battered women or those who are
at risk of encountering violence through the guest houses for women. While the
numbers of the women’s guest houses are limited, they do provide sanctuary and
therapeutic services to women and their children, if any, within the confines of
the budget allocations. Eight of the nine guest houses for abused women, are
operated by the SHÇEK. From 1995 to 2002, total of 3,139 women and 2,609
dependant children were housed in these shelters and 541 women were placed in a
job. A municipality in Istanbul operates one women’s guesthouse.
In addition, women and girls who are subject to violence are
also reached through various community centres, family consultation centres,
daycare centres, orphanages, rehabilitation centres, retirement houses, among
others, where they also provide support in kind and in cash. Shelter for abused
women is relatively a new initiative in Turkey, particularly for the public
sector. Work is under way to enhance and expand the capacity of shelters,
including housing for under-aged and unwed mothers. Furthermore, a direct phone
line for women is currently in service in 21 provinces, providing psychological,
legal and financial counselling for battered women or those who are under threat
of violence.
Similar services to assist female children, who have
encountered physical, emotional or sexual abuse, have not yet been
institutionalized. Further work needs to be done in this regard.
(2) Education and Training
Training of security forces, health care personnel and other
public servants who deal with women subjected to violence, and educating women
and girls of their legal rights is another high priority goal in the fight
against violence against women. The DGSPW, aside form its own programmes, also
collaborates with NGOs working in this field. In this context, 14 spot videos
and 3 short movies about violence against women and centres for battered women
have been prepared.
The SHÇEK has also undertaken training programmes in
collaboration with non-governmental organizations. Since 1998, half day weekly
courses on women’s human rights are offered for three month periods, which aim
to increase the awareness of women and girls of their rights and enhance their
self image and capacity for self protection. Other training programmes include
Mother-Child Education Programme (since 1995), Adult Literacy Programme and
Father Support Programme, both launched on 14 May 1998.
Since 1999, there has been an extensive effort, on the part of
the government as well as NGO’s, to open a public debate on the issue of honour
crimes. In this regard, various expert panels have been organized to discuss
this most violent act committed under the pretext of culture and the
insufficiencies in how the legal system handles such phenomenon. On 25 November
2000, International Day against Violence against Women, a panel discussion was
organized in the Southeast Anatolian Region, –where honour crimes continue to
find cultural legitimization. Proceedings of the panel discussions have been
published and disseminated to all public authorities, universities and made
available to others upon request. It is also worth mentioning that sensitivity
towards honour crimes in the media has recently become quite pronounced.
Incidents of honour crimes are extensively covered and reported on the front
page of newspapers.
Since 1998, women’s NGO’s have been organizing an annual
Congress on Shelter for Women to raise public awareness of the importance
of shelters as institutional mechanisms in the fight against violence against
women, to mobilize support for the establishment of shelters and counselling
centres for women who are victims of violence. Governmental organizations also
participate in these meetings.
Education and counseling activities are also provided by the
commissions on women’s legislation which are organized within the bars
associations in 28 provinces. In May 1999, these commissions set up the Turkish
Bars Women’s Commissions Network, in order to work more effectively. Educational
and counselling activities and identifying gender discriminatory provisions in
regulatory mechanisms and initiating corrective measures, are among the
activities of the commissions on women’s legislation.
States Parties shall;
(b) Ensure that family education includes a proper
understanding of maternity as a social function and the recognition of the
common responsibility of men and women in the upbringing and development of
their children, it being understood that the interest of the children is the
primordial consideration in all cases.
The SHÇEK is mandated to provide, needy children and families,
support in kind or in cash, daycare centres, orphanages, foster family and
adoption services, children and youth centres for street children and care and
rehabilitation centres for handicapped children. In this context, 84 daycare
centres and 104 orphanages serve approximately 18,000 children. In addition,
counseling, education and rehabilitation services are available for working
and/or street children and their families in 22 Child and Youth Centres. Within
the same context, work is under way to establish a special centre for girls
engaged in prostitution.
In 1998, the Family Research Institute, another public sector
institution, initiated a Mother-Father School Project, which offers seminars to
parents on raising and education of children, parental roles and attitudes and
consciousness raising on, diverse issues, including early marriages, marriage
among relatives, negative attitudes towards girls, drug and substance use,
pregnancy, infertility, pre-natal care, infant and child care, adolescence,
adulthood, ageing, personality development, sexuality, and impact of divorce and
domestic conflicts on children, etc. These seminars were broadcasted on public
TV for a month, thus reaching a larger segment of the population.
Exploitation of Women
Article 6. States Parties shall take all appropriate
measures, including legislation, to suppress all forms of traffic in women and
exploitation of prostitution of women.
Global restructuring has uprooted people from their
conventional sources of livelihood around the world. In the process, many women
became pushed into prostitution as a source of earning a living. Transnational
crime networks have capitalized on prostitution as a lucrative business
organized across national borders. As a result, increasing number of women and
girls are trafficked all over the world for purposes of sexual exploitation by
these networks. In the past two decades, Turkey has become both a transit and a
target country for such prostitution. This poses serious problems from the point
of view of public order, human rights of trafficked women and spread of sexually
transmitted disease, among others.
The process, which initially started in the form of “luggage
trade”, that is to say, foreign women entering the country as a tourist to buy
and sell goods, quickly turned into organized forms of activities, including
prostitution. Easy access to Turkish citizenship of a foreign woman marrying a
Turkish man led to arranged marriages, which allowed trafficking rings to
operate with ease in Turkey. However, this situation eventually became a public
concern which has prompted the authorities to amend the citizenship law (see
Article 9 of this report).
The fact that Turkey does not have special regulatory
mechanisms and the standards required to combat human trafficking makes it an
easy target. Furthermore, the lack of effective punitive regulations and
measures, the inadequacy of legal brothels and societal taboos with regard to
sexuality are factors that account for the increase in transnational forms of
prostitution.
Trafficking in women for purposes of sexual exploitation and
transnational prostitution are dealt with in reference to the existing the
articles of the Criminal Code that regulates prostitution and the law on foreign
nationals. Both legislative frameworks, however, are limited in scope and fall
short of addressing the issue in a comprehensive manner.
The Criminal Code on Prostitution
Prostitution, or sex work, is legal in Turkey only if it is
licensed. All provisions of the Criminal Code regulating sex work and the
establishment of brothels define sex workers only as women. Women working in
brothels are also covered by the social security system. Brothel owners are
responsible for taking the necessary measures to prevent sexually transmitted
diseases in accordance with the Public Health Law. While, sex work is legal,
forcing women into prostitution and inciting and instigating prostitution is
illegal and this is regulated in Articles 420, 435 and 436 of the
Turkish Criminal Code.
According to Article 436, if somebody rapes, supplies,
dispatches or transports a virgin or a woman younger than 21 years old on behalf
of another and with the purpose of initiating prostitution, he or she is liable
to prosecution even if the woman concerned gives her consent. The same offence
is punished if it is committed against a virgin or a woman older than 21 years
old by using force and violence or by threat or deception.
The Laws on Foreign Nationals
According to the Turkish Passport Law 5682 (Article 8,
paragraph 6) prostitutes, persons who make a living by marketing prostitutes,
traffickers in women and all smugglers are not allowed to enter Turkey.
Law number 5683, on Travel and Residence of Foreign National in
Turkey, authorizes the Ministry of Internal Affairs to deport foreigners who are
believed to be dangerous to public security and those who act in violation of
political and administrative necessities. Article 7 of the same law, states that
foreigners who behave in contradiction with social traditions and laws of the
country will not be allowed to reside in Turkey.
Therefore, a foreign national who engages in prostitution will
not be punished when apprehended but will be subject to medical examination to
determine the existence of sexually transmitted diseases, and then deported as
prescribed by the law. Deportation is not possible in the case of foreign women
who have obtained a Turkish citizenship by way of marriage. A draft bill is
before the parliament that introduces a three year waiting period before
eligibility of citizenship for a foreign national marrying a Turkish citizen.
(Please refer to Article 9 of this report.)
Other Measures
In 2001 the General Directorate of Security has issued a
circular indicating that, organized crime groups rather than the victims of
trafficking would be pursued and tried in State Security Courts.
As mentioned in Article 1 of this report, the Ministry of
Justice in 2002 enacted a law on Addition of Some Articles to Turkish Criminal
Code and Amendment of an Article in the Law on Combating Organized Crime as an
effort to enhance the implementation of the United Nations Convention against
Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children. This law, by defining
trafficking in human beings, including women and girls, as criminal act, has
partially bridged the legislative gap in the fight against human trafficking and
transnational prostitution.
Turkey, as a country of transit and target for transnational
human trafficking, particularly women, strongly believes that international
cooperation is essential for combating such crimes and in this regard, actively
participates in and supports all relevant international initiatives. Turkey, in
addition to the above-mentioned Convention and its Protocol, has also signed the
Protocol against the Smuggling of Migrants by Land, Sea and Air on 13 December
2000. The Convention and its Protocols are the most comprehensive international
documents available for the protection of human rights of victims of human
trafficking and in outlining the measures needed for its elimination.
As a result of the recent efforts to curtail human trafficking,
including in women, there has been a noticeable decrease in the number of
transnational prostitution and an increase in the number of organized
trafficking networks that are apprehended. For instance, between 1996 and 2002
total of 23,422 foreign nationals engaged in prostitution have been deported
from Turkey and in 2000 and 2001 the number of trafficking organizers
apprehended is 850 and 1155 respectively.
Political and Public Life
Article 7. States Parties shall take all appropriate
measures to eliminate discrimination against women in the political and public
life of the country and, in particular, shall ensure to women, on equal terms
with men, the right:
(a) To vote in all elections and public referenda and to
be eligible for election to all publicly elected bodies;
(b) To participate in the formulation of government policy
and the implementation thereof and to hold public office and perform all public
functions at all levels of government;
(c) To participate in non-governmental organizations and
associations concerned with the public and political life of the
country.
Although there are no legal obstacles for the participation of
women in formal politics, this has been an area where progress has been slow and
insignificant. Nonetheless, an update of the information presented in the
previous report with regard to Article 7, will be provided here.
As the women’s movement in the past two decades gained greater
public recognition and made an impact on creating a gender equality agenda,
political parties became more interested in engaging in and including gender
equality issues into their party policy, programmes and election campaigns.
While this was perceived to be a good strategy to attract public attention and
support, initiatives in this regard did not serve to expand political space for
women. For instance, although some parties set quotas for administrative organs
of their party, in practice these quotas remained trivial and insufficient in
increasing women’s representation in the parliament. Only one party represented
in the parliament implemented a 10% quota for women. Other three parties with
quotas of 25% to 35 % are not represented in the parliament, therefore, they are
ineffective. Quota system has not been used by political parties in determining
their candidate lists.
After 1995, with the removal of ban on women’s branches of
political parties, these entities became reactivated. However, women’s branches
of political parties tend to function as support mechanisms for the mainstream
party organization rather than as autonomous political organs to facilitate the
empowerment of women and prepare them for active participation. Furthermore, due
to the highly centralized and hierarchical structure of the political party
system, the parties by laws that regulate women’s branches tend to restrict
democratic governance and women’s access to decision making processes.
Currently, there is only in one party, where the leadership in the women’s
branch is elected to office. Similarly, the women’s political party branches
also lack financial autonomy as they neither have an independent budget nor the
power to authorize spending.
In the 1999 elections, 23 women were elected to the parliament,
increasing women’s representation form 2.4 % to 4 %. In the last election that
took place on 3 November 2002, 24 women entered the parliament, bringing the
overall percentage to 4.6. Since 1997, number of female cabinet members in the
various governments did not exceed two. There is only one minister in the
current government.
Women’s representation in local government is also low;
although, increases have occurred in the 1999 elections. For example, number of
women in mayoral positions increased from 15 in 1994 to 20 in 1999 and over the
same period, the number of women in municipal assemblies increased from 338 to
540, and the number of women in Provincial General Assemblies increased from 33
to 44. These figures are quite meager when considered within the overall figures
at the national level (6 ‰ for mayor and 1.5 % for all elected women).
The number of women civil servants showed a slight increase
over the years, reaching a ratio of 33.1%. According to a 1996 publication,
27.5% of middle and high-level decision making positions within the public
administration are women, which is compatible with their overall representation.
.
Comprehensive and reliable data on women’s participation in the
private sector and other civil organizations is lacking. However, fragmented
information based on observations and limited studies show that the situation is
not too different from other sectors. Women’s non-governmental organizations
have traditionally been concentrated in charity and service oriented activities.
Since the mid-1990’s, however, there has been a diversification in the kind of
women’s voluntary organizations. Although still in small numbers, there is a
visible presence of women’s NGO’s in the area of women’s human rights, operating
as advocacy and pressure groups for engendering the public policy, lobbying for
legislative change and working towards compliance with international gender
equality standards. Thus, there is clear indication that a paradigm shift in the
activities of non-governmental organization is taking place. A good practice in
this regard, is a campaign initiated by a women’s NGO in collaboration with
Ankara University Research and Training Center for Women’s Problems, entitled
Gender, Woman and Politics. Within the context of this campaign, the year 2000
was declared as the year of solidarity with women politicians, training material
on political participation was produced and 80 trainers and 3,050 women from
political parties and NGO’s were given gender training.
International Representation and Participation
Article 8. States Parties shall take all appropriate
measures to ensure to women, on equal terms with men and without any
discrimination, the opportunity to represent their Governments at the
international level and to participate in the work of international
organizations.
Women and men have equal rights to represent Turkey abroad,
however, progress in this regard has been slow. A woman in high representational
positions in the Turkish Ministry of Foreign Affairs continues to be
considerably low. In 2002 there were 10 women ambassadors, 22 undersecretaries,
4 consul generals, 1 vice consul general, and 9 vice consuls.
Representation of Turkish women in international organizations,
on the other hand, has been impressive, particularly at the relatively high
positions; these are: WHO Headquarters, Executive Director of Family and
Reproductive Health (1995-1998); WHO Hq. Political Senior Advisor
(1998-2000); WHO Hq., Executive Director for Family and Community Health
(October 2000-); Director of INSTRAW at D-2 level (1971-1999); Director of DAW
at D-2 level (1999-2001); currently, of the 6 D-1 level posts occupied by
Turkish nationals at the UN Secretariat, two are women and 5 of the remaining 9
professional posts held by Turkish nationals are women; a Turkish women also
served as a member of INSTRAW Board of Trustees (1995-2001) and its president
between 1996 and 1997; currently, another Turkish women is serving on the
INSTRAW Board (2001 - ); since 1997 a Turkish woman has been serving as
an independent expert on the Committee on the Elimination of Discrimination
against Women and its Deputy Chair since 2001 (she is the second Turkish women
to serve on the Committee). There are a number of Turkish women who serve on
various committees and advisory boards of the entities of the UN and the Council
of Europe.
Women are also represented on Turkish delegations that attend
international and regional meetings. Turkey participated in the General Assembly
special session on Beijing + 5 as well as its regional meetings, with a high
level delegation of women representing both the state as well as the civil
society. Likewise, participation of a well composed national delegation, that
includes women from civil society, in the periodic meetings of the UN Commission
on the Status of Women and the Council of European, Steering Committee for
Equality between Women and Men, is always observed.
Nationality
Article 9. 1. States Parties shall grant women equal rights
with men to acquire, change or retain their nationality. They shall ensure in
particular that neither marriage to an alien nor change of nationality by the
husband during marriage shall automatically change the nationality of the wife,
render her stateless or force upon her the nationality of the husband.
The Turkish Citizenship Act defines the procedures of
acquiring, changing and loosing nationality for women and men. As indicated in
Turkey’s 2nd and 3rd combined report, there are some
provisions in the Citizenship Act that differentiate between women and men who
are married to foreign nationals and the right to Turkish citizenship of the
latter (Articles 5, 19, 42). With the removal of the reservations to Articles 15
and 16 of CEDAW and the phrase “head of the family” from the Civil Code,
amendments in the Citizenship Act have also gained urgency. A new draft law,
which removes the existing inequalities, is currently before the parliament for
consideration.
According to the draft law, a foreigner married to a Turkish
citizen for a minimum of 3 years, will be qualified to apply for citizenship
pending approval of the Ministry of Interior. The draft law also stipulates
that, citizenship will be granted to the foreign spouse who is stateless or
looses her/his native citizenship as a result of this marriage.
9.2. States Parties shall grant women equal
rights with men with respect to the nationality of their children.
Reference is made to Turkey’s 2nd and 3rd
combined report.
Since the previous reporting, Article 66 of the Constitution,
which states, “The child of Turkish father or a Turkish mother is a Turk. The
citizenship of a child of a foreign father and a Turkish mother shall be defined
by law”, was amended in 2001. By the removal of the second sentence from the
law, the pre-existing inequality has been eliminated. The change is effective as
of 17 October 2001.
Education
Article 10. States Parties shall take all appropriate
measures to eliminate discrimination against women in order to ensure to them
equal rights with men in the field of education and in particular to ensure, on
a basis of equality of men and women:
(a) The same conditions for career and vocational guidance,
for access to studies and for the achievement of diplomas in educational
establishments of all categories in rural as well as in urban areas; this
equality shall be ensured in preschool, general, technical, professional and
higher technical education, as well as in all types of vocational
training;
Secular education has been a primary and central institution to
the process of nation building in Turkey. Consequently, equal opportunities in
education, in general, and the education of women, in particular, are secured as
legal rights in the law. This is reflected in the Equality of Opportunity
section of the Basic National Education Act, which states that, opportunity of
education is equal for all women and men and institutions of education are open
for everyone, regardless of language, religion, race and sex. Thus, there are no
legal impediments to exclude women and girls from accessing the right to
education. However, despite considerable progress in women’s education over the
years, women and girls lag behind men and boys, at all levels of education. In
particular, there are significant discrepancies in the literacy levels of women
and men when rural-urban, regional and age differences are considered. According
to 2001 data, 21.6 % of women as opposed to 5.6 % of men over 15 years of age
are illiterate (Table 1).
|
Table 1-Non-Institutional civilian population by education status,
2001 |
|
15 years and over, Thousands |
|
|
|
|
|
|
Female |
% |
Male |
% |
|
Illiterate |
4,983 |
21.6 |
1,275 |
5.6 |
|
Literate without any diploma |
1,102 |
4.8 |
948 |
4.1 |
|
Primary school (five-year-education) |
11,093 |
48.0 |
10,808 |
47.1 |
|
Primary education (eight-year-education) |
471 |
2.0 |
608 |
2.6 |
|
Junior high school & equivalent |
1,610 |
7.0 |
3,045 |
13.3 |
|
High school & equivalent |
2,805 |
12.1 |
4,605 |
20.1 |
|
Higher education & university |
1,036 |
4.5 |
1,667 |
7.3 |
|
TOTAL |
23,100 |
100.0 |
22,956 |
100.0 |
|
Source: Household Labour Force Statistic, 2001,SIS |
|
|
|
Persisting patriarchal values and unfavorable economic
conditions adversely affect the educational status of girls. The recent economic
crisis and structural adjustment policies have been an impediment to expanding
the capacity of the education system. Therefore, funds allocated for education
from the national budget declined from 13.2 % in 1990 to 7.2 % in 2000. The
impact of the budget cuts on access to education was considerable,
disproportionately effecting women and girls from low income families.
Compulsory Basic Education
The compulsory basic education in Turkey increased from 5 to 8
years of schooling in 1997 (Law 4306), consolidating primary and middle schools
into one level of schooling. It was assumed, that the education reform act would
have a positive impact on girls’ educational attainment and their life long
prospects, thus contribute towards the overall empowerment of girls and delay
early marriages. Furthermore, the fact that branching to vocational technical
education would be possible at a later age, the alternatives and opportunities
for both boys and girls would be significantly enhanced.
It is, no doubt, too early to assess the impact of the 8 year
compulsory schooling for girls education, however, according to available data
significant increases in schooling rates for girls have occurred. In the last
five years, enrollment rates for girls at the primary school level increased by
18 %, at secondary school level by 21 % and for boys the figures are 10 % and 15
% respectively. However, despite these increases, gender discrepancies have not
been eliminated. Schooling rates for boys in compulsory basic education is near
99.9 %, but girls lag behind with 88.5 %.
Research conducted in 1999 by State Institute of Statistics, on
working children in Turkey reveals a significant discrepancy in schooling rates
for boys and girls aged 6 to 17, proportionately increasing at higher age groups
and in rural areas (Table 2). The study also shows a strong association between
school attendance of girls and boys and cost of schooling. While the families in
the higher socio-economic strata tend to place equal value to the education of
daughters and sons, at the lower levels, a distinct difference is observed in
school attendance for boys (85.6%) and girls (76.5). Although, economic factors
constrain school attendance of both boys and girls, the situation is more
pronounced in the case of girls, particularly in rural areas (Table 3). The
study also reveals that negative cultural values towards girls’ education and
lack of motivation on the part of the girls, particularly in rural areas,
unavailability of a proper school, requirements to help with household chores
are among other factors that account for the lower levels of school attendance
for girls.
|
Table 2. School Attendance by Age (%) |
|
|
|
|
|
|
|
TURKEY |
Urban |
Rural |
|
Female |
|
|
|
|
Total |
74,8 |
79.0 |
68,8 |
|
6-11 |
90,5 |
90,4 |
90,7 |
|
12-14 |
74,4 |
79,8 |
67,3 |
|
15-17 |
43,6 |
55,2 |
26,4 |
|
|
|
|
|
|
Male |
|
|
|
|
Total |
82,7 |
84,9 |
79,5 |
|
6-11 |
92,9 |
93.0 |
92,8 |
|
12-14 |
86,6 |
89,8 |
82,2 |
|
15-17 |
58,2 |
64,5 |
47,8 |
|
Source: Child Labour Survey, 1999, SIS |
|
|
Table 3.Reasons of Children not Attending School (%),
1999 |
|
|
Turkey |
Urban |
Rural |
|
|
Female |
Male |
Female |
Male |
Female |
Male |
|
|
|
|
|
|
|
|
|
No suitable educational institution exist |
9,1 |
10.7 |
7.0 |
9,4 |
10,9 |
11,9 |
|
No interested in school |
27.0 |
36.5 |
25,5 |
35,1 |
28,4 |
37,8 |
|
Can not afford schooling |
25,5 |
21.1 |
30,2 |
27,8 |
21,5 |
14,4 |
|
Domestic chores |
11.0 |
2.7 |
7,9 |
0,7 |
13,5 |
4,9 |
|
No permission from family |
10,1 |
2.4 |
9.0 |
1,6 |
11,1 |
3,2 |
|
Other |
17.3 |
26.6 |
20.3 |
25.6 |
14.7 |
27.6 |
|
Source: Child Labour Survey, 1999, SIS |
|
|
|
|
|
Ministry of Education in collaboration with non-governmental
and international organizations have undertaken a number of projects that aim to
enhance the full implementation of the 8 year compulsory basic education act,
with special emphasis on raising awareness of the importance of girls’
education, reducing gender and regional gaps in access to schooling, among
others. In rural areas where the capacity of schools in small and remote
villages could not be upgraded from 5 to 8 years or where schools have closed
due to migration, the Ministry of Education provides bussing for students to the
nearest center (a practice that exists since 1991). Alternatively, students in
remote areas may attend regional boarding schools. In order to encourage
families to send their daughters to attend these boarding schools,
sex-segregated schools are also available. Additionally, in view of the cultural
constraints over the physical mobility of girls in rural areas, “open primary
school centers” have been established. A number of non-governmental
organizations, including women’s organizations offer various types of
scholarships and assistance to encourage families to send their daughters to
school.
Secondary School Education
Parallel to the developments in primary school education,
secondary school attendance of girls is also on the rise. The share of female
students in general lycees increased from 42.9 % in the 1996-1997 academic year
and to 45.2 % in 1999-2000. Although, high school education is not compulsory,
in accordance with the 8th Five Year Development Plan (2001-2005) and
decisions adopted by the National Education Congress, proposals are on the table
to increase compulsory basic education to 12 years.
On the other hand, gender discrimination, manifesting in terms
of educational segmentation, is most vividly observed in vocational and
technical high schools. This situation emanates from the nature of the structure
of these types of schools, whereby students are directed to schools that provide
traditional male and female occupational training. There are 1,196 Technical
High Schools for Boys and 636 Technical High Schools for Girls. This segmented
structure is defended on the grounds that it may provide girls from conservative
families’ easier access to education and offer a special niche for girls, thus
serving as a sort of a quota system. This view may be partially supported by the
fact that, while the proportion of female students in regular high schools
increased by 3.97 % between 1993 and 1996, the increase is 29.9% for vocational
technical schools during the same period.
Since 1975, it has been possible for a student of the opposite
sex to attend these sex-typed technical schools. Although, sex-segregation is
still observed, some encroachment does takes place. For instance, the proportion
of male students in the technical schools for girls is 18.4 %, this figure is
10.3 % for girls in the schools for boys. In absolute terms this translates to
39,542 girls and 28,100 boys attending the schools designed to the opposite sex.
This is significant in revealing that traditional gender norms and values can in
fact be contravened.
A striking development, worth mentioning, is the high rate of
attendance of female students (45.8 %) in Imam Hatip Schools which mainly
provide training for religious professions, open only for men. While the
attendance of girls in these schools shows a steady increase, the reverse is
true for boys. During the 1993-94 academic year the increase rate for girls
attending the Imam Hatip Schools was 18.8 %, in 1996-1997 it
increased to 21.8% and 21.3 % in 1999-2000. For boys the figures are 20.4 %,
18.3 % and 12.6 %, respectively. While, in terms of educational attainment, the
increasing enrollment of girls in these schools may be perceived as a positive
indicator, issues with regard to the extent to which such an education will
offer girls into non-traditional gender roles and increase their options for
employment need to be seriously considered.
Higher Education
Access to university education, in Turkey, is gained through a
competitive national Student Selection and Placement Exam. Performances of girls
in these exams in the recent years have been impressive. In 1999 placement
ratios for girls was 55.2 % and for boys 56.9 % and in 2000, girls slightly
surpassed boys. However, total number of female students in higher education is
still less than male students. During the 2001-2002 academic year 41.8 % of the
university students were female. However, in provincial universities, female
enrollment during the same period was only 37.7%. Participation of women in
higher education institutions is highest in the two-year degree programmes of
Open University (49.3%). Female participation rates are considerably lower than
that of males at the graduate school level.
With the exception of technical disciplines and agriculture,
female participation in higher education has showed a steady or a stable
increase over the years. While they show comparable rates to males in areas such
as natural and applied sciences, and mathematics, they exceed males in
languages, educational sciences and the arts (Table 4). Despite the presence of
relative gender equality at the level of higher education, on the whole, higher
educations in Turkey is still a privilege accessible by a small portion of the
population, within which men outnumber women.
|
Table 4- Undergraduate female students according to field of study (%),
(2001-2002) |
|
Fields of Study |
New Admissions |
Enrolment |
2000-2001 Graduated |
|
Health Sciences |
46.1 |
42.6 |
44.5 |
|
Language & Literature |
63.4 |
60.0 |
60.6 |
|
Faculty of Sciences & Arts |
46.7 |
47.1 |
48.5 |
|
Education Sciences |
57.1 |
55.5 |
50.3 |
|
Engineering & Architecture |
23.4 |
23.2 |
25.7 |
|
Art |
54.0 |
54.1 |
61.1 |
|
Source: 2001-2002 Academic Year Higher Education Statistics,
SSPC |
|
States Parties shall…..ensure;
b) Access to the same curricula, the same
examinations, teaching staff with qualifications of the same standard and school
premises and equipment of the same quality;
All schools, at the primary and secondary school levels, are
subject to the same curricula and rules and procedures, which are regulated by
the Ministry of Education. Quality of education, no doubt, cannot be claimed to
be the same across schools, significant regional and rural-urban differences
exist.
The Ministry of Education, in compliance with the law, operates
free Regional Boarding Primary Schools to ensure that children of low income
families and those living in remote areas are not deprived of their right to
education. The numbers of such schools have increased from 153 in 1997 to 513 in
2000. 35.5 % of student body in boarding schools are girls. Female students who
successfully graduate from primary boarding schools but cannot afford to
continue their education are offered an opportunity to attend vocational
boarding high schools free of charge.
The sex structure of the teaching staff resembles that of the
student body. That is to say while female teachers comprise a large percentage
of the teaching staff at initial stages of schooling, the proportion declines
with higher levels of education. Similar discrepancies are observed according to
rural-urban and regional distributions. These discrepancies have far reaching
implication for the school enrollment of girls in the more traditional remote
parts of the country.
However, at the higher education level, proportion of female
academic staff has traditionally been high by world standards. According to
2001-2002 academic year data, women constitute 36.7 % of academic staff, varying
by rank: 36.1 % of instructors; 29.5 % of assistant professors; 31.5 % of
associate professors and 24.7 % of full professors (Table 5). Sex
differentiation of academic staff also varies according to areas of
specialization, showing a parallel situation to that of the university student
body, as presented above. The presence of relatively high percentage of women in
the academia is not reflected in the university administrative structure.
Positions of faculty deanships and university presidencies continue to be
occupied overwhelmingly by men.
|
Table 5-Percentage of Female Teaching Staff |
|
in Higher Education (%), 2001-2002 |
|
|
|
Total |
Female |
Female% |
|
Prof. |
9,529 |
2,350 |
24.7 |
|
Assoc. Prof. |
5,576 |
1,754 |
31.5 |
|
Asst. Prof |
11,420 |
3,368 |
29.5 |
|
Instructor |
10,976 |
3,958 |
36.1 |
|
Language Instructor |
5,516 |
3,121 |
56.6 |
|
Specialist |
2,309 |
977 |
42.3 |
|
Research Assistant |
25,933 |
10,611 |
40.9 |
|
Translator |
17 |
9 |
52.9 |
|
Ed. & Tng. Planner |
14 |
6 |
42.9 |
|
TOTAL |
71,290 |
26,154 |
36.7 |
|
Source: 2001-2002 Academic Year Higher Education Statistics,
SSPC |
States Parties shall….ensure;
(c) The elimination of any stereotyped concept of the
roles of men and women at all levels and in all forms of education by
encouraging coeducation and other types of education which will help to achieve
this aim and, in particular, by the revision of textbooks and school programmes
and the adaptation of teaching methods;
Gender biases and sex-role stereotyping continue to be
reflected in the content of education curricula and teaching material. In order
to eliminate gender biased messages from the educational curricula, the DGSPW
included the issue in its work programme for 2000-2001 and in this context,
supported relevant research projects, and the publication and dissemination of
their outcomes.
The Ministry of Education, within the framework of
reorganization of its working methods and procedures, has also identified the
achievement of gender equality among its priorities. In this regard,
considerable progress has been achieved in integrating a human rights
perspective, particularly of women and children, into course programmes and in
the process of reviewing textbooks with the view to eliminating discriminatory
statements, images, and the like.
In addition, a number of projects have been launched to raise
awareness on democracy and good governance. Most notable in this regard, is the
Education in Democratic Citizenship project undertaken within the context of
collaboration among member states of the Council of Europe. The project
emphasizes the importance of gender equality and women’s equal participation in
decision making processes.
In accordance with a protocol signed between the State Ministry
Responsible for Human Rights and Ministry of Education concerning teaching of
human rights in schools, weekly curriculum of the 7th and
8th grades of the primary schools was revised in the academic year
1998-1999 so as to include the “Civic and Human Rights Education Course” one
hour per week. Also since 1999, an elective course on “High School Democracy and
Human Rights” is offered. In 1998, a National Committee on the Decade for Human
Rights Education was established in order to implement the United Nations Decade
on Human Rights Education (1995-2004). Among the documents made available in the
courses other human rights initiatives are: the Convention on the Elimination of
All Forms of Discrimination against Women; a list of non-governmental
organizations working in the field of human rights and relevant documents on
their activities.
Commissions responsible for the review of textbooks from the
point of view of human rights and gender equality, do so in view of the
principles of the Convention on Elimination of All Forms of Discrimination
against Woman and the criteria established by the National Committee on the
Decade for Human Rights Education. Among the criteria used are: observance of
equal number of male and female characters in the textbooks; representation of
male and female characters displaying mutual respect and equal treatment;
representation of gender equality in the division of labour at home and at work;
representation of women in the public sphere assuming unconventional roles in
decision making and management positions; and gender balance in projecting
parental roles and responsibilities.
States Parties shall…..ensure;
(d) The same opportunities to benefit from scholarships and
other study grants;
During the 16th National Education Congress
authorities were urged to encourage female students to apply for the exams for
state scholarships and free boarding schools and urged the authorities to waive
the exam fees for girls.
The distribution of scholarships of the Ministry of Education
for primary and high school students shows that female students use around 36.3
% of the scholarships.
In 2001, 44.4 % of applications for student credit from the
Credit and Hostels Institute were received from girls. Girls received 55.1 % of
the amount that was dispersed. This represents an increase over the previous
years. Similarly, 44.5 % of the students who were granted space in student
housing under the authority of the Credit and Hostels Institute were girls. On
the other hand, only 26 % of the private boarding facilities available for high
school and university students were allocated for female students during the
2000-2001 school year.
States Parties shall….ensure;
(e) The same opportunities for access to programmes
of continuing education including adult and functional literacy programmes,
particularly those aimed at reducing, at the earliest possible time, any gap in
education existing between men and women;
In order to bridge the gap in the male-female literacy rates
and give adults the opportunity to pursue their education, the Ministry of
Education offers various services. Distance education is one such service which
allows school dropouts to finish their degrees and encourages them to continue
to higher levels of schooling. In this context, in 1997 with the adoption of the
8 year compulsory basic education act, system of Open Schools was instituted. By
2001-2002 total of 90,906 women benefited from open primary schools,
constituting 41.4 % of the total. Parallel to this, 32.6 % of those graduating
from the Open Education High School and 30% of the Open Education Vocational and
Technical Schools were women. Similarly, in 7 provinces there are several Open
Education Centers for Girls, established to provide educational opportunities
for girls in rural areas.
In addition to formal education opportunities, there are
various informal adult education programmes for men and women that aim to
improve literacy, awareness in citizenship and civic rights and
responsibilities, vocational skills, among others. 73 % of those who attended
the 237,284 courses offered since 1996 were women. However, women participants,
by and large, chose to attend home economics, handicrafts and Koran courses and
to a lesser extent, literacy courses. In the 34,801 literacy courses offered
from 1995 to 2002, 398,329 women (52% of the total participants), became
literate. This represents a significant increase over the previous period
(1990-1995) where women (72,680) constituted 36% of those who attended the 7,462
courses offered.
The Support for National Education Campaign, which was
launched in 2001, as a the collaborative effort of governmental and
non-governmental organizations and the universities, to offer literacy,
vocational and socio-cultural courses in Eastern and Southeastern regions of
Turkey. Women made up, 62%, 62.4% and 52.9% respectively, of the participants in
these courses.
Another initiative targeting the women in eastern part of the
country is the Multipurpose Community Centers (ÇATOM’s), established by
the Southeastern Anatolia Project (GAP) Administration. The aim of the ÇATOM’s
is to integrate women in the development process in the GAP by empowering them
through various training opportunities, ranging from literacy, technical skills,
handicrafts to leadership skills, giving visibility to the needs and problems of
women in the society and enhancing their income earning capacities. Women
between the ages 14 to 50 benefit from these centers.
Another regional project is the Project for Supporting Social
Development and Employment in East and Southeast Anatolia Region, which is
active in 26 locations in the regions. The project started in October 2000 to
deal with the educational needs of poor adults, particularly women. Total of
283,906 women and 204,201 men attended the courses offered in 2001.
The Centers for the Research and Implementation on Problems of
Women, discussed under Article 5/a also offer adult education activities.
The Vocational and Technical Training Project (METGE), which
was launched in 1994, has continued to provide training to enhance employment
opportunities for women who never attended a school or had to drop out. In
general, women attending METGE courses have tended to concentrate in areas that
offer training in traditional female activities. Approximately 100,000 women and
girls benefited from this programme between 1996 and 2000.
Sectoral vocational training programmes are also available
through various public institutions; most notable are the Turkish Employment
Authority and the Ministry of Agriculture and Rural Affairs. These programmes
often involve the partnership of non-governmental organizations and
international entities such as UNICEF, FAO |