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TURKEY - CHILD MARRIAGE

Direct Link to Full 10-Page Document on CHILD MARRIAGE IN TURKEY:

http://www.unfpa.org/webdav/site/eeca/shared/documents/publications/Turkey%20English.pdf

Child marriage is an appalling violation of human rights and robs girls of their education, health and long-term prospects. A girl who is married as a child is one whose potential will not be fulfilled. Since many parents and communities also want the very best for their daughters, we must work together and end child marriage.

Dr. Babatunde Osotimehin - Executive Director, UNFPA

TURKEY - WHO CAN CONTRACT A MARRIAGE?

Until ten years ago, the statutory minimum age for marriage was 15 for women and 17 for men. The revised 2002 Turkish Civil Code raised the statutory minimum age to 17 years for women (article 124), putting it on par with that of men.11 The current minimum age (17) is not in keeping with international norms, however, which hold that 18 should be the minimum age for marriage.12 The 2002 Civil Code also states that “marriage of a person (both men and women) of the age of 16 is allowed by the court decision based on exceptional circumstances.“13 It must be pointed out that even though the minimum age for marriage is now the same for women and men, in practice, early marriages continue to occur, and predominantly affect girls.

Under the Civil Code, if a woman has been forced into marriage, she can file a criminal complaint; she also has the right to file for an annulment within the first five years of marriage.14 The Turkish Penal Code does not include any specific sanctions against child marriages. Sexual assault committed against a child aged 15 or under is considered a crime, subject to a complaint from the victim. However, the right to make a complaint is only given to the child,15 who may fear the consequences of going to the police, or may be unaware that she has the right to do so.

In Turkey, only marriages registered at a state Register Offices (i.e. civil marriages) are legally recognized. According to article 143 of the Civil Code, a religious marriage can only be held after the civil marriage, while according to article 230 of the Penal Code, if any man or woman holds a religious marriage prior to conclusion of the civil marriage, he or she shall be liable to between two and six months imprisonment.16 Religious marriages are very common, and in some cases, couples do not go through a civil ceremony first. Religious marriages have no official force, and women who have not also concluded a civil marriage have very few rights under the law. In the event of the husband’s death, a widow and her children cannot inherit his property, and if the couple separates, she cannot demand alimony payments.

While civil marriages, registered at a Register Office, are held before the mayor or his or her authorized official, religious marriages are usually held before an imam or any other person who has religious knowledge. Most child marriages are conducted this way. As there is no official data on religious marriages, this means that accurate statistical data on child marriages in Turkey do not exist.

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http://www.hurriyetdailynews.com/one-in-every-four-marriages-in-turkey-involves-child-bride-ngo.aspx?pageID=238&nid=46232

TURKEY - ESTIMATE THAT ONE IN EVERY FOUR MARRIAGES IN TURKEY INVOLVES A CHILD BRIDE

AYDIN – Doğan News Agency - May 4, 2013

The legal age for marriage in Turkey has been raised to 17 from 15. However, many are calling to set the age at 18.

One out of every four brides is a child as families are increasingly applying to the court to change the date of birth of their daughters so that they can legally marry, warned an association of Turkish female lawyers May 4. “There is an increase of 94 percent in application to courts by families to show their daughters age older, in order to get marriage permit,” said Gülten Kaya, head of the female lawyers’ commission of the Union of Turkish Bar Associations, during a meeting of the group in Kuşadası.

The legal age for marriage in Turkey has been raised to 17 from 15, however the commission members said that the limit should be increased to the majority age of 18.

Istanbul bar’s women commission head Nilüfer Ay said that the increase in the number of child brides showed the lack of awareness of women’s place in society.

Lack of shelters for women victim of violence

Ay also said that despite the enactment of a law on violence against women, shelters for victims existed in only 14 provinces out of 8. “So laws are not enough; Awareness should be raised,” she said.