Population of women: 35,900,000/72,320,000 Life expectancy of women (at birth): 73.2 yrs School life expectancy for women: 9 yrs
Adult illiteracy for women: 23.5% Unemployment of women: 9.9% Adult economic activity rate: 27%
last updated May 3, 2005
The Advocates for Human Rights is in the process of updating this page. Revisions and additions are forthcoming. Please check back frequently for updates.
Gender discrimination and violence against women are a widespread problem throughout Turkey. In a recommendation on Turkey’s accession to the European Union, the European Commission noted that discrimination and violence against women, including honor killings, remains a major problem. Women face setbacks with regard to education, employment and public representation. The illiteracy rate for women in Turkey is nearly twenty percent, while female employment is under thirty percent. In addition, women are poorly represented in the political sector, and only four percent of parliamentary seats are occupied by women (cited in: Lisa Pavan-Wolfe, Address at Combating Discrimination in the European Union and in Turkey: Legislation, Implementation, Equality Bodies, Ankara (11-12 Oct. 2004).
Gender Equality In May 2004, Turkey passed amendments to the Constitution, which provide for equality of women and men (Act No. 5170). Article 10 states:
“All individuals are equal without any discrimination before the law, irrespective of language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such considerations.
Men and women have equal rights and the State is responsible to implement these rights…”
Guarantees against discrimination are also codified in other laws. Turkey’s Labour Law prohibits discrimination based on several enumerated grounds, including sex. Article 5 states: “No discrimination based on language, race, sex, political thought, philosophical belief, religion, sect and similar grounds can be made in the business relation.” On 22 November 2001, the Turkish Parliament ratified a new Civil Code (No. 4721), replacing the 1926 Civil Code (No. 743). The former Civil Code subordinated women in relation to the family and fueled a movement to change discriminatory provisions. According to Women for Women’s Human Rights (hereinafter, WWHR), the 2001 Civil Code has introduced many changes regarding the status of women in the family:
Despite these guarantees, further legal reform is still needed. A shadow NGO report on Turkey’s latest report to CEDAW has emphasized the need for affirmative action measures to ensure gender equality. Temporary measures to increase political participation of women, such as a gender quota system, have been urged.
Domestic Violence According to the U.S. Department of State 2004 Country Report on Human Rights Practices, the Family Research Institute in the Prime Minister’s Office stated that domestic abuse was one of the most common forms of violence against women in Turkey. While estimates of the prevalence of domestic violence vary, it is clear that the problem is widespread. A 2003 study by Istanbul Bilgi University found that 31.5 percent of women were beaten by their husbands, and 21.5 percent had been beaten by their fathers (cited in: U.S. Department of State 2004 Country Report on Human Rights Practices). In the 2004 report “Turkey: Women Confronting Family Violence,” Amnesty International cited a study by the Purple Roof Foundation, which found that 88.2 percent of surveyed women were living in violent situations, and 68 percent had been beaten by their husbands. In another report, Women 2000-An Investigation into the Status of Women's Rights in Central and South-Eastern Europe and the Newly Independent States (hereinafter, Women 2000), the International Helsinki Federation for Human Rights cited a study by the General Directorate of Women’s Status and Problems, which found that 97% of women experience both physical and psychological abuse by partners and relatives. Traditional attitudes and concepts of family honor exacerbate the problem of domestic abuse. Domestic violence is generally treated as a private matter intertwined with family honor in Turkey. A 2003 study by Hacettepe University found that thirty-nine percent of women felt that domestic abuse was justified in certain situations. Only thirty-five percent of women said they would file a complaint if their husbands physically abused them, and in reality, few female victims seek help from law enforcement (cited in: U.S. Department of State 2004 Country Report on Human Rights Practices). When women do call for help, police are often disinclined to get involved and suggest that victims return to their husbands and reconcile.
According to Amnesty International’s Turkey: Shelters, Not Cemeteries, there are approximately fourteen “guesthouses” and nineteen “community-based services” to assist women domestic violence victims. The shadow NGO report to CEDAW recently reported there were only nine shelters available in Turkey. While the number of shelters available to victims of violence varies, it is apparent that there is a major shortage of shelters in the country. Based on the population of Turkey and international recommendations, it is estimated that the country needs at least one hundred shelters with a capacity of thirty-five beds each. The U.S. Department of State notes the Turkish Parliament recently passed a law that mandates municipalities with over 50,000 residents to provide shelters for women and children. Nevertheless, the NGO Shadow Report voiced several potential concerns about these municipal shelters, including funding, management, personnel standards and monitoring. Operational problems among already functioning shelters is also an issue that needs to be addressed. Amnesty International reports that some government-operated shelters have turned away certain victims, such as prostitutes, pregnant women, women without an identity card, and women with health issues.
In January 1998, Turkey passed Law No. 4320 on the Protection of the Family to protect women victims of domestic violence. According to WWHR, this law permits the filing of an order for protection by or on behalf of a victim. The victim, a relative, neighbor or friend may file such a request with the public prosecutor. A Justice of the Peace may then issue an order for protection which prohibits the perpetrator from approaching the woman in her home or workplace for six months. In addition, the judge may also issue orders to the perpetrator:
The prosecutor, through the police, is responsible for monitoring implementation of the order. Police may conduct an investigation, without an application by the victim, which is then transmitted to the prosecutor. Any spouse who fails to comply with the order may be sentenced to a prison term of three to six months.
Honor killings are another widespread violation of women’s human rights in Turkey. In Turkey: Women Confronting Family Violence, Amnesty International describes honor killings as the enforcement of traditional concepts of honor using threats of death or violence. These traditional concepts often view unchaste conduct of women as a form of potential dishonor to the family. Family councils, made up of family or clan members, usually make the determination to murder the woman or girl, which is then carried out by brothers, fathers, husbands or sons. The U.S. Department of State notes that women’s organizations report dozens of honor killings annually. Amnesty International, however, cautions that “honour crimes” statistics in Turkey may not accurately represent the real numbers, due to unreported killings, murders that are hushed up or passed off as suicides, victims who are coerced into committing suicide, and a failure by authorities to investigate and monitor such deaths.
The former penal code permitted reduced sentences in honor killings cases. Women for Women’s Human Rights notes that Article 29 of the new Penal Code (“Unjust Provocation”) includes amended language intended to prevent the reduction of sentences in honor killing cases. Nevertheless, justification for the provision notes that the reduction may be not applicable to all honor killings, thereby leaving a loophole in the law. The Penal Code also prohibits “killings in the name of custom” under Article 82 (“Aggravated Homicide”) (see WWHR’s Turkish Civil and Penal Code Reforms from a Gender Perspective: The Success of Two Nationwide Campaigns) Article 82 does not encompass all honor killings, however, and in the NGO Shadow Report to CEDAW, WWHR has called for honor killings to be expressly defined as aggravated homicide.
Sexual Assault Sexual assault is a serious problem in Turkey. Traditional attitudes and a failure to adequately investigate cases make it difficult for women who have been raped. According to the Violence against Women in Turkey: A Report to the Committee against Torture, the World Organization Against Torture reports that sexual violence against non-virgins is generally viewed as less serious than that committed against virgins. Also, the consequences entailed with sexual assault are increased for women in Turkey because of their vulnerability to honor killings. Both Amnesty International and the U.S. Department of State document cases where rape victims were killed to restore family honor. Problems within the legal system are another obstacle for victims of sexual assault. Under the former Penal Code, a perpetrator could escape punishment by marrying the victim. This provision often placed high pressure on the victim to wed her rapist for the sake of family honor. In Turkey: Women Confronting Family Violence, Amnesty International also found that police officers were more likely to hold stereotypes about rape victims than other relevant professionals, including lawyers, judges, psychologists, psychiatrists and forensic medical specialists (citing: Z. Gölge, M. Yavuz & Y. Günay, Professional attitudes and beliefs concerning rape, Archives of Neuropsychiatry (Turkey), 1999, 36(3), 146-153). In addition, prosecutors and law enforcement often close a case without further inquiry once the suspect denies the rape.
The sexual assault of women in custody is another grave concern. A 2003 report by Amnesty International Turkey: End Sexual Violence Against Women in Custody! examined the issue and noted that two percent of women in southeastern Turkey reported experiencing sexual violence by security forces (citing: 2000 study by Ilkkaracan, P. op. cit.). However, such sexual violence is likely to be vastly underreported due to fear of retaliation, stigmatization or forced marriage. Many of these victims are Kurdish or hold political opinions not tolerated by the military or government.
Virginity testing is still performed on many women suspected of engaging in premarital sexual conduct. In Women 2000, the International Helsinki Federation for Human Rights reports that parents or husbands often take women to the hospital for virginity exams under suspicion that she is not a virgin. Although the woman’s permission is required for the exam, family pressure leaves her little choice but to consent. According to the shadow NGO report, the new Penal Code mentions “Genital Examination” under Article 287, where it restricts issuance of the examination to judges and public prosecutors. The article, however, fails to explicitly specify virginity testing and does not require the consent of the woman.
The new Penal Code has brought about many changes with regard to sexual offenses. The law now frames rape as a crime against the person, instead of a crime against society. According to WWHR’s Summary Outcome Report, the new penal code has widened the former definition of sexual assault as “forced or consensual seizure/attack of chastity” to that of “any sexual behavior violating a person’s bodily integrity.” Rape includes both anal and oral penetration, as well as the insertion of any object or organ into a body. The new penal code also criminalizes marital rape, which may be prosecuted upon complaint of the victim. In addition, sexual assault “under custody or by security forces, public officials or employers, by relatives or in laws are also regulated as aggravated offences.” Psychological coercion may constitute a form of coercion for sexual offenses. Clauses that distinguished between virgin and non-virgin rape victims and married and single rape victims have been eliminated. Other provisions have been eliminated which reduced or suspended punishment for rapists or abductors who married their victims.
Sexual Harassment The new Penal Code criminalizes sexual harassment, which is defined as “any act of harassment with sexual intent” (Article 105). Under this law, sexual harassment by both supervisors and co-workers in the workplace is considered an aggravated offense and punishable by up to three years’ imprisonment if it involves the exploitation of a hierarchical or work relationship. (cited from: WWHR's Turkish Civil and Penal Code Reforms From a Gender Perspective: The Success of Two Nationwide Campaigns). In addition, Article 25(II) of the Labour Code grants an employer the right to terminate an employee in “cases contradicting to rules of ethic and goodwill and similar cases,” including sexual harassment of another employee (Art. 25(II)(c)). Article 24 grants the employee the right of immediate termination where either the employer is sexually harassing the employee or where the employee is experiencing sexual harassment in the workplace of which the employer has knowledge but has failed to take steps.
Trafficking in Persons Turkey ranks as a Tier 2 country on the U.S. Department of State Watch List for trafficking in persons. Reports as to the numbers of trafficking victims vary widely. While the government estimates there were approximately 200 trafficking victims during 2004, NGOs estimate there were closer to 1500 victims. The country is primarily a destination country for sexual exploitation, and to a lesser extent, a transit country. According to a 2003 report by the International Organization for Migration, the main source countries for trafficking into Turkey are Azerbaijan, Georgia, Moldova, Romania, Russian Federation and Ukraine. Between 1996 to 2001, 29,582 foreigners were deported based on grounds of prostitution and STDs. Of this number, 27,599 (93.3 percent) deportees were citizens of the six countries studied.
According to the U.S. Department of State 2004 Country Report on Human Rights Practices, Turkish law punishes trafficking in persons by sentences that range from eight to twelve years in prison; judicial discretion allows an additional punishment of up to 27.4 years. In February 2004, a Yalova court sentenced four defendants to fifty months’ imprisonment and imposed fines of $976 for their involvement in trafficking. As of November 2004, prosecutors had opened twelve cases of trafficking that year, two of which ended in seven convictions. Corruption among government officials appears to be a contributing factor to the problem. In the 2004 Country Report, corruption in all levels of law enforcement was mentioned as an implicating factor. During the reporting period for the U.S. Department of State’s 2004 trafficking report, two police officers had also been convicted and expelled from the force for involvement in trafficking.
The government made some efforts to prevent illegal recruitment, such as reviewing employment contracts to identify possible trafficking and requiring that foreign entertainment contracts be made available in the applicant’s language. The U.S. Department of State noted, however, that aside from an awareness seminar for journalists and NGOs, the government conducted little public education to prevent trafficking.
The government recently changed its humanitarian visa regulations to permit victims to stay in Turkey for up to six months. During this period, victims may receive medical and social services, as well as a work permit. The Turkish government issued twenty-six humanitarian visas in 2004. Nevertheless, there were still reports of summary deportations of victims, as well as trafficking cases that were treated as prostitution or illegal migration cases. According to the U.S. Department of State Country Report on Human Rights Practices, the first shelter for trafficking victims opened in October 2004. The shelter has twelve beds and provides health care, psychological assistance and legal aid to victims.
Compiled from:
Turkish Civil and Penal Code Reforms From a Gender Perspective: The Success of Two Nationwide Campaigns, Women for Women's Human Rights (WWHR) -New Ways, February 2005 (PDF, 74 pages).
Women's Human Rights in the New Turkish Penal Code: The Success of the Campaign for the Reform of the Turkish Penal Code from a Gender Perspective, Summary Outcome Report, Women for Women's Human Rights (WWHR) - New Ways,
Shadow NGO Report on Turkey's Fourth and Fifth combined Periodic Report to the Committee on the Elimination of Discrimination against Women, for submission to the CEDAW 32nd session, January 2005, prepared by Women for Women's Human Rights (WWHR) - New Ways, endorsed by the Women's Platform on the Turkish Penal Code (PDF, 17 pages).
2004 Country Report on Human Rights Practices: Turkey, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 28 February 2005.
Turkey: Women Confronting Family Violence, Amnesty International, AI Index EUR 44/013/2004, 2 June 2004 (PDF, 36 pages).
Turkey: Shelter, Not Cemeteries, Stop Violence Against Women Campaign, Amnesty International (PDF, 2 pages).
Turkey: End Sexual Violence against Women in Custody! Amnesty International, AI Index EUR 44/006/2003, 26 February 2003 (PDF, 44 pages) (Turkish).
Irregular Migration and Trafficking in Women: The Case of Turkey, Professor November 2003 (PDF, 88 pages).
Violence against Women in Turkey: A Report to the Committee against Torture,
Women 2000 - An Investigation into the Status of Women's Rights in Central and South-Eastern Europe and the Newly Independent States, International Helsinki Federation for Human Rights, 5 November 2000.