Virginity testing is a tool men in male-dominated
societies use to put pressure on and control the lives and bodies of
girls and young women. The women’s movement has fervently protested
against this traditional practice, which violates a woman’s physical
integrity and therefore Article 17 of the Turkish Constitution, for
decades. As a result of this struggle, the Ministry of Justice
issued Decree No. 27/123 banning virginity testing on individuals
without their consent. Nonetheless, government officials continue to
justify forced virginity testing through certain legislative
decrees.
As an example, because the Ministry of Education Secondary
Schools Awards and Disciplinary Regulations includes a “proven lack
of chastity” among its reasons for expulsion from school, there have
been widespread cases of depression and even suicide among female
students whose school boards wanted them to receive virginity
testing.
When in 2001 the Ministry of Health followed suit and added, in
flagrant violation of the Ministry of Justice’s decree, an article
(No. 41d) into its Healthcare Vocational School Awards and
Disciplinary Regulations stating that “Prostitution, or proof of
sexual intercourse” was cause for expulsion from formal
education, a nationwide campaign against virginity testing was
launched. Following this campaign, which drew international
attention, the Ministry of Education removed the concept of
‘chastity’ from its Regulations. The Istanbul Bar Association’s
Center for the Application of Women’s Rights filed a lawsuit against
the Ministry of Health. The lawsuit remains unsettled and the
Ministry of Health has not taken any steps to alter its regulations
concerning Healthcare Vocational Schools.
Constitution of the Turkish Republic
Article
17. Everyone possesses the right to life, to protect and develop
his or her physical and mental existence. Excepting medical
necessity and in legally prescribed cases, a person’s physical
integrity shall not be breached; a person shall not be subjected to
scientific or medical experiments against his or her will. No
persons shall be subjected to torture or cruelty; no persons shall
be subjected to punishment or treatment outside the bounds of human
dignity.