Country of origin information report Turkey March 2007

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22 Women
Legal Rights
22.01 The USSD 2005 report recorded that, “Under the law, women enjoy the same rights as men; however, societal and official discrimination were widespread. The Directorate General on the Status and Problems of Women, under the State Ministry in Charge of Family Affairs, is responsible for promoting equal rights and raising awareness of discrimination against women.” [5b] (Section 5)
22.02 The Women for Women’s Human Rights (WWHR) website (undated) accessed on 26 September 2006 noted:
“The new Civil Code (No. 4721), which puts an end to the supremacy of men in marriage, was ratified by the Turkish Parliament. 126 women’s groups organized a collective effort that resulted in the new Civil Code, which, except for a few shortcomings, institutes fundamental positive changes regarding the domestic status of women. The revised Civil Code defines the family as a partnership based on equality between men and women. The husband is no longer the head of the family; spouses govern the family union as equal partners with equal decision-making powers. Spouses have equal rights over the family residence. Spouses have equal rights over property acquired in the course of the marriage. The concept of ‘illegitimate’ children has been abolished; mothers now have custody of children born out of wedlock.” [95b]
22.03 As noted in the Amnesty International’s document ‘Turkey: Implementation of reforms is key’, dated 11 March 2005:
“In recent months the government has undertaken several reforms towards meeting its responsibilities in this area. On 26 September 2004, a new Penal Code was passed. It is a positive step towards the better protection of women’s rights in Turkey and takes into account many of the recommendations made by groups and activists working in this area. In addition, legal status has been given to a Directorate on the Status of Women attached to the Prime Ministry which will work to strengthen the position of women in Turkish society. On 24 December 2004 legislation came into force which obligates municipalities with a population of more than 50,000 inhabitants to establish shelters for women. However, in meetings with Amnesty International, Turkish government representatives have not been able to give any information about a long-term implementation plan for establishing women’s shelters”. [12g]
22.04 As noted in the Norwegian Country of Origin Information Centre ‘Report of fact-finding mission to Turkey (7-17 October 2004)’ made public in February 2005:
“All sources consulted on the issue considered the recent changes in both the Civil Code and in the Penal Code to be crucial steps in the campaign to further equality between women and men and to eliminate the use of violence against women. Among other regulations, Article 159 of the Civil Code (stating that women needed their husbands’ consent to work outside the home) and Article 438 of the Criminal Code (providing for a reduction in the punishment for rapists under certain conditions) have both been abolished.” [16] (p32)