Experts of the Committee on the Elimination of Discrimination against Women Commend Türkiye on Legislation on Gender-Based Violence, Ask Questions about the State Party’s Withdrawal from the Istanbul Convention and Early Marriage
The Committee on the Elimination of Discrimination against Women today concluded its review of the eighth periodic report of Türkiye, commending the State party on its legislation on gender-based violence, and asking questions about Türkiye’s withdrawal from the Istanbul Convention and about early marriage.
A Committee Expert commended Türkiye on the legislation on gender-based violence and improvements of procedural law.
Another Expert asked questions about Türkiye’s withdrawal from the Istanbul Convention, requesting further clarification around this decision. The Expert stated that the Committee would like to work with the delegation to understand the situation and invite them to reconsider the decision.
One Expert saluted Türkiye’s efforts at responding to child marriage, but noted that there were concerns on this topic. The fact the adolescents could marry in Türkiye from the age of 16 meant that the country was no longer in line with standards. When would the country’s national action plan on early marriage be adopted?
Responding to questions, Derya Yanik, Minister of Family and Social Services of Türkiye and head of the delegation, said Türkiye’s withdrawal from the Istanbul Convention did not mean the country was taking a step back from tackling the elimination of discrimination against women. It did not mean the mechanisms which it had created were hindered. The Istanbul Convention was weakening the country at certain points, and the withdrawal aimed to strengthen Türkiye. The provisions of the Convention on the Elimination of Discrimination against Women were not hindered by this step.
On early marriage, Ms. Yanik said that the Government had identified 17 cities with high levels of early marriages. Site visits had been conducted to these areas in conjunction with public officials, with provincial action plans being created to target the issue. Official marriage was the only type of legal marriage in Türkiye; cultural ceremonies now occurred at a minimal level within the country and were not legally binding.
Presenting the report of Türkiye, the Minister said that Türkiye was aware that their decision to withdraw from the Istanbul Convention was a matter of concern, but this did not affect their decision to combat violence against women. Türkiye’s fight against violence was supported by programmes aimed at empowering women, along with the detection of crimes and the implementation of deterrent punishments.
The delegation of Türkiye was comprised of representatives of the Ministry of Foreign Affairs, Deputy Directorate General for the Council of Europe and Human Rights; the Ministry of Family and Social Services; the Ministry of Justice; the Ministry of Interior; the Ministry of Health; the Ministry of Labour and Social Security; the Ministry of Education; and the Permanent Mission of Türkiye to the United Nations Office at Geneva.
In concluding remarks, Ms. Yanik thanked the Committee for their constructive questions and comments, and the interest in the State’s report. Türkiye viewed women’s human rights as a fundamental goal which needed to be achieved urgently.
Gladys Acosta Vargas, Committee Chairperson, thanked the delegation and Committee for the constructive dialogue. Through this dialogue, the Committee had been able to be to understand more about the state of women Türkiye. The Committee looked forward to receiving Türkiye’s next periodiv report.
The Committee on the Elimination of Discrimination against Women’s eighty-second session is being held from 13 June to 3 July. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed at https://media.un.org/en/webtv.
The Committee will next meet in public at 10 a.m. on Thursday, 16 June to start its consideration of the sixth periodic report of the Azerbaijan (CEDAW/C/AZE/6) .
Report
The Committee has before it the eighth periodic report of Türkiye (CEDAW/C/TUR/8)
Presentation of Report
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, said that the principle of equality was recognised and strongly emphasised in Türkiye’s Constitution, along with basic laws regarding women and citizens with disabilities. Since 2012, a female ombudsperson responsible for women and children’s rights had worked in the Ombudsman institution. The Human Rights and Equality Institution of Türkiye, founded in 2016, was in charge of combatting discrimination independently. Ms. Yanik said that Türkiye had prepared and put into practice the Women's Empowerment Strategy Document and Action Plan covering the years 2018–2023.
In 2021, a parliamentary investigation commission was established to determine the reasons behind violence against women. As a result of the work of the commission, a report was prepared and submitted to the Presidency of the Turkish Grand National Assembly and discussed in the parliament. Law changes in the Turkish Penal Code, including on stalking, aimed to combat violence against women. Türkiye had prepared the Annual Activity Plan for Combatting Violence against Women for 2022, in cooperation with several ministries. The plan had several components and aimed to promote awareness raising activities for the public, with attention focused on developing protective-preventative services.
Ms. Yanik said that Türkiye was aware that their decision to withdraw from the Istanbul Convention was a matter of concern, but this did not affect their decision to combat violence against women. The mechanism of protecting the victims and preventing violence in Türkiye (law 6284), which had been in effect since 2012, was still in place. Measures related to early marriages were also strongly present in legal regulations. According to the Civil Code, a man or woman had the license to marry when they reached the age of 18. Children at the age of 17 could marry with the permission of their parents, and at the age of 16 by the decision of a judge, in extraordinary circumstances. Data showed a 25 per cent decrease in the marriage rate of girls.
Women victims of violence were hosted in a total of 149 women’s shelters, which provided psycho-social, legal, and medical support to women and children, as well as free kindergarten and guidance services. Refugee and asylum-seeking women and children who were victims could also benefit from these services. Türkiye had opened its doors to asylum seekers, and many institutions provided important services for the integration of these refugees.
Türkiye’s fight against violence was supported by programmes aimed at empowering women, along with the detection of crimes and the implementation of deterrent punishments. Efforts to empower women had gained momentum. The labour force participation rate of women had increased from 27.9 percent in 2002, to 33.3 percent in 2021. The informal employment rate of women, which was a key issue, was reduced from 72.5 percent to 35.9 percent, during the same time period.
Women in Türkiye had obtained the right to vote and to be elected on an equal basis with men in 1934, before many countries in the world. The participation of women in decision-making mechanisms in Türkiye had increased over the years. The Government’s main goal for women, was to reach the highest levels in education. The net schooling rate for girls in primary education had been increased to 93.11 per cent and to 88.74 per cent in secondary school. The net enrolment rate of women at the higher education level was 48.46 per cent.
In rural areas where there were no schools, the opening of boarding and pension primary schools, transportation-provided education, and the Mobile Child Social Service Application had accelerated the increase in the schooling rate. These developments had increased the status of women and girls living in the east and southeast regions of Türkiye, and ensured that the presence of terrorist organizations in the region had almost disappeared. Ms. Yanik concluded by saying that Türkiye would continue the fight against violence and discrimination against women, with a multilateral and holistic approach and constructive dialogue.
Questions by Committee Experts
A Committee Expert said the Committee was aware of the significant progress seen in the report. Regarding Türkiye’s withdrawal from the Istanbul Convention, the Expert asked for clarification around this decision, stating that the Committee would like to work with the delegation to understand the situation and invite them to reconsider the decision. The Expert noted that minorities in Türkiye were subject to many types of discrimination, and refugees still had difficulties in access to basic services. Was Türkiye willing to strengthen law 62, by including Roma women, and lesbian, bisexual, gay, queer, transgender and intersex persons who were stigmatised. The fight against terrorism was legitimate, but it did not dispense any State of a balanced response.
Another Committee Expert noted that there were no objectives, merit-based or other, seen for the selection and appointment of new judges, following the attempted coup which occurred in the country in 2016. How was the State party planning to address these concerns? Had appropriate compensation for judges who had been acquitted of criminal charges been arranged?
Responses by the Delegation
DERYA YANIK, Minister of Family and Social Services of Türkiye , and head of the delegation, said Türkiye’s withdrawal from the Istanbul Convention did not mean the country was taking a step back from tackling the elimination of discrimination against women. The Istanbul Convention was weakening the country at certain points, and the withdrawal aimed to strengthen Türkiye. Ms. Yanik said it was not correct for Türkiye to be evaluated based on their being party to the Istanbul Convention. Türkiye was a strong member of the Convention on the Elimination of Discrimination against Women and would continue to strongly implement measures to eliminate discrimination against women.
In 2016, Türkiye had seen tanks drawn against its own public with 250 people massacred and much damage. Türkiye had been combatting the PKK terrorist organization for 40 years. Despite this, the rule of human law and human rights had not been compromised. Türkiye’s struggle against terrorism was a righteous fight in the frame of the rule of law. Türkiye had always protected the rule of law.
Questions by Committee Experts
A Committee Expert asked if there was an intention to reinstate the women judges who had been removed, and to compensate them? Dealing with the aftermath of this terrible time could help the country stand on their feet.
A Committee Expert asked which part of the Istanbul Convention had weakened the country, and how?
Responses by the Delegation
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, clarified that the Istanbul Convention did not weaken the fight against violence in Türkiye, but there had been discussions on this. In almost all international documents, Türkiye was a party to almost all fundamental legal documents. After the attempted coup in 2016, those who objected to measures taken had applied to the parliamentary investigation commission; some were acquitted, while some claims were rejected. Those who had been rejected had national and international remedies available to them. Ms. Yanik said that some judges had been reinstated to their position, in line with the courts’ decisions.
Questions by Committee Experts
A Committee Expert asked what was the reason for the withdrawal from the Istanbul Convention? Could the delegation elaborate on how the Istanbul Convention hindered national efforts, and why this was not the case with other conventions? Could the State party inform the Committee on steps taken to encourage human rights in Türkiye to comply with international human rights standards? How was the Ombudsman institution financed, and how was its autonomy guaranteed?
Another Committee Expert noted that positive discriminatory measures had been implemented for women; however, there had been no special measures to combat violence during the pandemic. Would the State party consider introducing temporary special measures in this regard? Would the State party consider temporary special measures to introduce quotas and increase women in the highest levels of decision making? Would the State party consider a temporary special measure to ensure the participation of women with disabilities and lesbian, gay, bisexual, queer, trans and intersex persons? What was the status of the entrepreneurship support programme? Would the State consider introducing special regulations during emergency periods in the future?
Responses by the Delegation
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, said the eleventh development plan was a general document, which would be a roadmap to increase the welfare of the country. This document looked at the empowerment of women, and the prevention of crime and discrimination against women. The plan looked into the elimination of early marriage and abuse as the fight against violence against women was a national plan for Türkiye. More than 69,000 women had received entrepreneurship training.
A member of the delegation said that the Ombudsman’s institution and the Human Rights Office were all independent structures. The Human Rights Office was established in 2012 and had been established by parliamentary decisions. Certain mechanisms had been developed for the empowerment of human rights within the country. The Ombudsman’s institution had received applications since 2013 and looked at these within a human rights lens. There had been 31 investigations which had been conducted at a local level, and compensation payments had been made. In 2022, 314,000 students had already benefitted from the cash transfer programme. There was no quota in place, but women’s participation in decision making was being seriously encouraged and was increasing in the country. Incentives were being provided to employers, through payments, to support women’s employment, increasing their participation in the labour market.
Ms. Yanik said that in the laws in Türkiye, there was no discrimination against any individual; this was against the law. Therefore, persons belonging to lesbian, gay, bisexual, transgender, queer and intersex communities were not classified separately for any kind of protection, as they were just citizens who received the same rights as anyone in the country. These individuals did not need a separate document as everyone was equal in the eyes of the law. A hotline was available free of charge, supporting victims of violence.
Reporting on violence against women was very transparent and meticulous in Türkiye. Ms. Yanik said that withdrawing from the Istanbul Convention did not mean the mechanisms which it had created were hindered. The Istanbul Convention was a framework document, which gave States parties recommendations; therefore, being party to the Istanbul Convention by itself was not enough to combat violence. The provisions of the Convention on the Elimination of Discrimination against Women were not hindered by this step.
Questions by Committee Experts
A Committee Expert commended Türkiye on the legislation on gender-based violence, improvements of procedural law, and combatting early marriage. Regarding gender stereotyping, the Expert noted that harmful instances of child marriages had been reported, especially within the refugee population in Türkiye. How did Türkiye intend to eliminate harmful stereotypes, including through regular awareness raising and media programmes in the country? What was the timeline for this? In addition to recorded femicide, there were a large number of suspicious deaths, with authorities unwilling to carry out investigations. What were the measures taken to punish cases of femicide?
When would domestic violence be explicitly criminalised? How would stereotypes around domestic violence be challenged? What was the planned increase for funding over the next two years? Could information be provided on the operation of a free help line for women victims of domestic violence?
Another Committee Expert noted that Türkiye had good experience on the prevention of trafficking of human beings. Being placed between Asia and Europe, however, the country was unfortunately being used as a passage for child trafficking. What was the strategy concerning the funding of non-governmental organizations and services working on human trafficking? How many shelters for the prevention of trafficking were working in Türkiye? Could information on the hotline for trafficking be provided? Could information on the national action plan of trafficking be provided? How was the State party reintegrating victims of trafficking and sexual exploitation?
Responses by the Delegation
The delegation said efforts had been doubled to combat trafficking. There were different types of support available to victims, including shelters with social support systems. Eighty-five per cent of victims were women. An anti-trafficking action plan would be finished in 2022 and a hotline would be set up.
Regarding early and forced marriages, almost half of the appeals were rejected, and it was a low percentage who came to the courts to request under age marriage. Regarding honour killings, the numbers were also very low and had seen a serious decrease. There was now an aggravating factor in punishments if the victim was a woman. This was a categorical protection of women in general. Stalking was now included in the Criminal Code.
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, said it was essential to fight against stereotypes. In early childhood education, training programmes were provided in textbooks and curricula regarding equality between men and women. Boys and girls were represented equally, and care was taken not to associate certain professions with certain genders. A system had been designed to support the placement of children in kindergarten. Around 1 million children would be receiving a cash support to join kindergarten. Awareness raising training was being provided across all ministries. Around two million soldiers, health professionals and police had also received training on gender equality and stereotypes. An application was available which allowed victims of domestic violence to receive help from the police in as little as five minutes.
Ms. Yanik said that migrants were under risk of early marriages, which was an area that needed to be changed in Türkiye. There was an age for marriage, and for those who wanted to be married earlier, the issue was approached holistically. For a long time, honour and custom killings had been categorised as an aggravating factor, as were any individuals who abetted them.
A member of the delegation said that all suspected deaths were investigated by the public prosecutor’s office. Officers working on cases of violence against women were given special training on this issue, and to the judiciary in general.
Questions by Committee Experts
A Committee Expert asked what was being done to increase the number of women in parliament and in politics? Reports indicated that women in politics were subject to harassment and violence. What was the State party’s plan to support women at all levels of their political participation, including a plan to prevent harassment and violence? How were minority women’s representation being ensured? How did the State party intend to enhance the number of women in international leadership positions?
Another Committee Expert asked if there were any social, cultural, or economic factors which still impeded women’s right to nationality or conferring their nationality? Was the nationality law equal in regard to citizenship after marriage? Did legislation provide for limited circumstances in which a passport could be cancelled, and were citizens given the option to challenge these decisions in court? Could information be provided on marriages between refugee women and Turkish men for nationality?
Responses by Committee Experts
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation , said marriage to a Turkish national did not ensure citizenship. The presence of women in politics was important for political parties. In 2018, the general elections produced 104 female members of parliament. Ms. Yanik said she was the only female member of the cabinet in Türkiye.
Türkiye’s school curriculum included reproductive health courses, which raised awareness among children. Pregnant students did not continue formal education, but rather attended open or vocational schools which could be attended through distance learning. Children in open education had the same rights as formal education students; this method was an alterative to allow them to continue their education. There were more than 100,000 students in the distance education system. There were around 18 million students in the formal education sector, and around 9 million of those were girls.
Questions by a Committee Expert
A Committee Expert said that the Committee was concerned that Türkiye ranked low on the scale of terms of economic opportunities, and women’s employment prospects had not increased as expected. The Expert noted that women in Türkiye had experienced a higher loss of jobs and taken on increased levels of unpaid leave during the pandemic. It was necessary to plan a gender-equitable recovery over the long term. What were the specific measures to ensure women’s reintegration into the labour market? Were there special measures being introduced to transition women from the informal to the formal sector? What measures were being taken to enable mothers to continue working? What was being done to address the lack of affordable childcare services, and enable fathers to fulfil their responsibilities? What plans did the Government have to redistribute care responsibilities, which were usually held by women? What was being done to ensure that women in the informal sector could be covered by a workers protection scheme?
Responses by the Delegation
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, said Türkiye aimed to increase women’s share in employment to more than 38 per cent. The State party was also working to increase employment rates in vulnerable groups. A board had been established, which monitored and analysed women’s employment. A project was underway in seven different provinces, whereby 40,000 women were employed for 20 months. Workplaces also received sign language training when they employed women with hearing disabilities. These actions had reduced the unregistered women employment by almost half the rate compared to 2002. According to Türkiye’s Labour Law, women who had given birth were able to receive maternity leave for a time period between two months to one year.
Special funding was being provided to 11 provinces, which focused on women who were neither in education nor employment. The needs of these women were taken into account, so that specific mechanisms to assist them could be developed. Public childcare services in Türkiye were free of charge, and were utilised by a multitude of different groups, including by children under State care, or whose parents were in correctional facilities. Ms. Yanik said that a project was in place, whereby when women began full time work, after having children, they were provided 100 euros for 24 months.
Question by a Committee Expert
A Committee Expert asked if there were any additional mitigation policies to the national action plan, due to the pandemic’s disproportionate impact on women?
Responses by the Delegation
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, noted that the pandemic had disproportionately impacted women, and hampered their participation in the labour force. Türkiye was providing day care centres and childcare opportunities for women following the pandemic. The impacts of COVID-19 on women were being assessed, and new action plans would be developed following assessment.
Questions by a Committee Expert
A Committee Expert noted that women were being prevented from enjoying the full extent of their sexual and reproductive rights. How many women did not have access to birth assistance during the pandemic, and how many of them had undesired pregnancies? What measures were being taken to ensure equal access to sexual and reproductive services, particularly those living in rural areas. What was the budget for family-planning products?
The Expert noted that abortion was illegal in Türkiye, unless in exceptional circumstances. It was difficult for women to be granted abortions in Türkiye and they were often heavily charged, causing them to look at alternative methods. What measures were being taken to provide the right to abortion for all women, including refugees? Would a sexual and reproductive health programme be created within the education system?
Responses by the Delegation
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, said as per the Constitution, all citizens in Türkiye were provided with equal services concerning sexual and reproductive health, including free contraception. Pregnancy schools were available in the country, which trained mothers and fathers on various stages of pregnancies. More than 2 million pregnant women had trained in those schools. Mobile health units were being provided free of charge to seasonal workers. Guideline materials for pregnancy and post-natal services had been developed.
If a pregnancy had happened as a result of criminal action, there needed to be a court order to identify this as a criminal act. Until the tenth week, there was no need for any legal involvement for abortion. To improve refugees access to health services, migrant health centres had been created, with less cultural and language barriers. There were 780 migrant health centres currently operational in Türkiye, with units within them which specifically focused on women’s health services. Ms. Yanik said that 85 hospitals in Türkiye were considered “mother friendly” hospitals, with breast feeding consultancy centres. Courses were available to pregnant women, to encourage breast feeding. Türkiye’s HIV/AIDS control programme aimed to provide equal treatment to all, with HIV tests provided free of charge. There were no barriers to accessing treatments and medication.
Questions by a Committee Expert
A Committee Expert noted that the economic crisis and the issue of climate change had created an urgent need for women’s leadership, in line with the Sustainable Development Goals. Was Türkiye undertaking any steps to achieve this goal? How did the State promote women’s participation in recreational and cultural activities? Were there effective mechanisms in place to eradicate poverty? Were there legal and policy frameworks in place to protect rural women’s livelihoods? Could specific indicators be provided around public policies for achieving inclusive policies for women with disabilities? The Expert noted that women human rights defenders needed further protection in Türkiye, citing cases of harassment, violence and arbitrary detention. Could information on protection policies for women in detention be provided? What measures were being taken to address inequalities faced by Kurdish women?
Responses by the Delegation
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, said financial literacy seminars had been developed and accessed by more than 700,000 women. Training had been provided to women to allow them to access cooperatives, with more than 2,000 women receiving entrepreneurship training to continue training with cooperatives. A project called “My Sister” enabled women who had established their own cooperatives to provide training to other women. Elderly Syrians under temporary protection in Türkiye were given support through centres in the province in which they were located. Women were also supported through family-support centres, allowing them to be more integrated within society. There were centres in 16 provinces which focused specifically on vulnerable and disadvantaged groups, including the Roma people. Disabled elderly people were eligible to receive extra money, on top of their elderly pay, within support programmes.
Ms. Yanik said Türkiye had a zero-disability perspective, and had subsequently developed action plans in conjunction with civil society. An inclusive education and awareness programme had been developed for children with disabilities, including the training of teachers and the development of a storybook with an explanatory text to be shared with families. More than 70 million Turkish lira had been budgeted for protective health interventions. Women who had been subject to violence were accepted in shelters without exception, including women with disabilities.
There were also specialised shelters for women with mental disabilities. Ms. Yanik said there was no discrimination when it came to providing access to any kind of services in Türkiye. If discrimination occurred, those who had been affected could lodge a complaint in court. On the issue of Kurdish women, issues in discrimination did occur, particularly regionally. However, this discrimination was primarily due to the regional discrepancies which existed within the country, and the Türkish Government had been taking strides to close the regional gap. Regional-specific services had been developed to close those gaps.
Questions by a Committee Expert
A Committee Expert saluted Türkiye’s efforts at responding to child marriage, but noted that there were concerns on this topic. While the legal marriage age was 18, there were exceptions in the Constitution which provided back-door opportunities for early marriage. The fact the adolescents could marry in Türkiye from the age of 16 meant that the country was no longer in line with standards. When would the country’s national action plan on early marriage be adopted? To what extent would the Government plan be implemented to acknowledge the harmful practice of child and early marriage in its political discourse? What was the Government’s plan to enforce alimony payments mandated by the courts? Would Türkiye consider allowing women to maintain their own surnames after marriage and pass these onto their children if they wished?
Responses by the Delegation
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, said according to civil law, the age of marriage was 18. Those who were 17 could marry with the permission of their parents, and those who were 16 could marry with a court order. Türkish courts conducted a comprehensive evaluation of applications coming in from individuals for early marriage, with more than half being rejected. Awareness-raising activities were being conducted regarding education, resulting in a drastic decrease in the number of early marriages.
The Government had identified 17 cities with high levels of early marriages. Site visits had been conducted to these areas in conjunction with public officials, with provincial action plans being created to target the issue. The plans explored the reasons behind early marriages in these areas. Official marriage was the only type of legal marriage in Türkiye; cultural ceremonies now occurred at a minimal level within the country, and were not legally binding. Ms. Yanik said alimony was being regulated and Türkiye was aware that women needed further support, as well as alimony. Women could keep their own pre-marital last name if they applied to authorities.
Closing Remarks
DERYA YANIK, Minister of Family and Social Services of Türkiye and head of the delegation, thanked the Committee for their constructive questions and comments, and their interest in the State’s report. Although it had been more than 40 years since the Convention had been adopted, its importance was only increasing. Türkiye viewed women’s human rights as a fundamental goal which needed to be achieved urgently. Ms. Yanik said new digital technologies were creating an environment for reinforcing gender stereotypes and Türkiye would welcome recommendations which addressed these issues. She said the conclusions of the Committee would be included in the restructuring of the State’s work.
GLADYS ACOSTA VARGAS, Committee Chairperson, thanked the delegation and Committee for the constructive dialogue. Through this dialogue, the Committee had been able to understand more about the state of women in Türkiye. Ms. Acosta Vargas commended the State for the progress that had been made, and encouraged all recommendations made by the Committee to be adopted. The Committee looked forward to receiving Türkiye’s next periodic report.
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CEDAW22.016E