TURKISH PENAL CODE REFORM FROM A GENDER …：从社会性别的土耳其刑法改革….pptVIP

Good Practices in Legislation on VAW in TurkeyPinar IlkkaracanWomen for Women’s Human Rights – New Ways UN Expert Group Meeting on Good Practices on Legislation on VAW, Vienna, May 26-28, 2008 Legal Reforms – political struggle Difficult political environment Religious right government since 2002 Decentralization Economic policies, privatization Legal Reforms – political struggle Strong independent women’s movement Extensive networking of women’s NGOs Effective, long term campaigning Effective use of the media Using windows of opportunity at the right time, in a proactive manner Extensive Legal Reforms in the past decade 1998 enactment of Protection orders 2001 reform of the Turkish Civil Code 2004 reform of the Turkish Penal Code Now: Campaign on the constitution Campaign on the Constitution State responsible for realizing de-facto equality The right to sexual orientation Protection orders 1998, amended in 2007 Problem of the title ‘The Law to protect the Family” Definition of survivors - includes married or separated women and their children – even if the partner is not living under the same roof. Problem: does not explicitly mention divorced women, de facto relationships Protection orders 1998, amended in 2007 Definition of perpetrators – includes not only the spouse, but all family members living under the same roof Protection orders 1998, amended in 2007 Should provide guidelines on the principle of urgent decision Lack of monitoring – for ex. in 2003, 6147 women have applied, but no report on outcomes Monitored by women’s NGOs through dissemination of precedent cases, but not necessarily binding The Reform of the Turkish Civil Code, 2001 Full equality in the family Marriage age Forced marriages: annulment of marriage possible within the first 5 years of marriage Matrimonial property regime – entitles women to equal share of the assets accumulated throughout the marriage The Reform of the Turk