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Legal rights that every woman should know

Human rights are protected by many national and international conventions to cover both sexes, without distinction between men and women. Turkey was among the first countries to ratify the Universal Declaration of Human Rights, published by the United Nations on December Dec 10, 1948. Turkey, “the convention on the elimination of all forms of discrimination against women (CEDAW)”and “Council of Europe Convention on preventing and combating violence against women and domestic violence-to sign and ratify the Istanbul Convention countries. According to these conventions, the most important commitment that Turkey must fulfill is to ensure gender equality in all areas. Despite this, women are still discriminated against in various areas of public life and are restricted from exercising their rights. One of the rights in which equality between men and women cannot be achieved is the right to education. Looking at Turkey, it is seen that the right to education is emphasized in the Basic Law of National Education and the law on primary education and education, especially in the Constitution. 42 Of The Constitution Of The Republic Of Turkey. (II. According to the provision, “no one can be deprived of the right to education and education, and primary education is mandatory for all citizens, boys and girls, and is free of money in public schools”. 

According to Turkish Statistical Institute (TUIK) data, in the 10-year period covering 2009-2018, the proportion of the illiterate population in the 15 and upper age group decreased from 9.2 percent to 3.6 percent. The rate decreased from 3.6 percent to 1.1 percent for men and from 14.7 percent to 6.1 percent for women. However, while women made up 80.4 percent of the illiterate population in 2009, this has increased to 85.2 percent in 2018. According to 2018 data, 1 million 872 thousand 141 of the 2 million 197 thousand 257 people who are illiterate are women. 

A study conducted by the Turkish Statistical Institute (TUIK) in 2016 shows that women mostly interrupt their education on the grounds of not allowing a family and marriage.  Although girl marriages in Turkey are gradually declining according to official data, they are still quite high. According to official data, the number of 16-17-year-old girls married in 2018 was 20,779, while the number of boys married at the same age was 1,029.  According to statistics, there is a parallel between cities where the number of girls married at child age is high and cities where schooling in secondary education is low Dec.

Compulsory education in accordance with the law No. 6287, which was implemented on 30/03/2012 in Turkey, covers four (4) years of primary school, four (4) years of Secondary School and four (4) years of high school education. According to Article 56 of the primary education and Education Law No. 222, “a parent or guardian who does not send his child to school despite a notification made by the headman or the headmistress shall be given an administrative fine of fifteen Turkish lira for each day in which the child identified by the school administration does not attend school. Despite this fine, the parent or guardian of the child who does not send his child to school or does not inform the school administration of the reasons for not sending him is given an administrative fine of five hundred Turkish Lira.” In this context, within the mandatory training period girls who are not sent to school can apply to the administrative authorities on this issue.

Article 105 " (1) a person who sexually harasses a person shall be sentenced to imprisonment from three months to two years or a judicial fine if the act is committed against the child, a prison sentence of six months to three years shall be imposed on the complaint of the victim. Crime;

a) By taking advantage of the convenience provided by a public office or service relationship or domestic relationship, 
b) By a guardian, educator, educator, caregiver, foster family or health care provider or persons who are responsible for protection, care or supervision,
o) By taking advantage of the convenience of working in the same workplace,
e) By taking advantage of the convenience provided by mail or electronic communication tools,
e) By expose,

in case of processing, the penalty to be given according to the above paragraph is increased by half. Because of this act, if the victim has to quit his job, leave school or his family, the penalty cannot be less than one year."it regulates its provision. 

Because harassment is a crime in the law, there are various legal ways that a woman who has been abused can apply. Hello 183 it is a line that provides information and guidance on services for family, women, children, disabled, elderly, relatives of martyrs and veterans and helps in cases of harassment. In addition, a person who has been sexually assaulted can go to the police station where he is located, or go to the courthouse closest to where he is located and file a complaint with the prosecutor's office.

If the act of harassment is processed over the phone, a person can file a complaint against that person if they know who the person who is harassing them is. If he does not know who he is, he can file a complaint with the prosecutor's office or the police station and ask that the person who called him be identified and punished. At the same time, failure to report a case of harassment in the environment is a separate crime, and a person who does not report a crime committed in accordance with Article 278 of the Turkish Criminal Code to the competent authorities shall be punished with a prison sentence of up to one year.

Cyberbullying is offensive, written, visual, verbal or psychological behavior that is harmful to human dignity and is carried out against people through telephone, internet, social media and similar information and communication technologies. In other words, any act of humiliation, slander, Gossip, harassment, threat, embarrassment, exclusion and inconvenience contrary to human dignity that an individual or group intentionally commits against other individuals in electronic form is considered cyberbullying.

These malicious actions, such as seizing people's passwords, hacking websites, sending spam emails or infectious emails, legally fall under the term cybercrime. Another form of bullying is “electronic communication bullying,” which involves psychological pressure. The difference between this and the other is to intentionally and willingly harm the person being bullied. In other words, a person constantly annoy by using information and communication technologies, sarcasm, name-calling, rumor spreading, or the person insult people over the internet to threaten, blackmail apply, publish photos without the consent of the person or expose your private life includes behaviour as to attack human dignity. 

The Turkish penal code, there are many terms that can be applied to cyber-bullying behavior: in the case of ending a person's life by applying Virtual violence, intentionally don't kill people (Article 81) suicide routing (Article 84), torment (Article 96) threat (Article 106) blackmail (Article 107) discrimination (Article 122) disturbance of the peace and tranquility of the people, (Article 123) insults or swearing, (Article 125) communications by following the contents of interfering with the private lives to make a mockery of, the violation of the privacy of communication (Article 132) and taken to record conversations between the individuals (Article 133) the violation of privacy (Article 134) the recording of personal data (Article 135), and not to destroy personal data collection of personal data (Article 138) can be sorted by examples such as.

Although cyberbullying may seem inevitable in today's conditions, various legal institutions may be raised before and after exposure to this threat from the point of view of private law, other than criminal law. 20 of the Constitution. according to the article, Everyone has the right to demand respect for their private and family life. The civil code regulated the protection of personal rights and protected these rights. The law allows anyone whose personal rights have been violated to prevent the violation of personal rights, to end the ongoing attack, to request the determination of the illegality of the attack, the effects of which continue even if it has ended. Therefore, any use or sharing of personal data is illegal unless there is a reason for compliance with the law. A party whose personal rights are violated as a result of cyber bullying can sue for material or moral compensation.  

Read: What to do when your social media account is hacked?

Woman in violence Hello 155 he can call his line and ask for help from the police. A woman who has been subjected to violence will go to the nearest medical facility and receive a report of the beating will be useful in terms of proof of a concrete event. Along with the received assault report, you can contact the prosecutor's office or the nearest police station and file a complaint. After that, what a woman who has been subjected to violence should do is immediately implement the rights granted by the law on the protection of the family 6284. The purpose of this law is to protect women, children, family members and victims of unilateral persistent stalking against violence. 

Persons covered by this law include:

  • Other family members (relatives)living under the same roof as spouses and children who have been subjected to domestic violence,
  • Victims of unilateral persistent stalking.
  • Family members who have been decided to separate by the court or have the right to live legally separately or who actually live separately, even though they are married, can benefit from the protection of this law. The first step for this is to request a protection measure after filing a complaint. Protection measures are applied to women who are victims of violence by the Family Court for a certain period of time.

  • The judge may decide to change the workplace of the protected person and to determine a separate settlement from the joint settlement if the protected person is married.
  • If life is found in danger, the victim of violence can be placed under temporary protection.
  • The governor and prefect can provide nursery facilities for their children in order to support the protected person's participation in working life.
  • In case of the existence of the conditions in the Turkish Civil Code and upon request, a comment on the family residence can be placed in the land registry.
  • The judge may decide to change the identity and other relevant information and documents based on the informed consent of the victim of violence.
  • If the victim of violence has a request for housing, law enforcement agencies provide appropriate housing for the victim of violence and their children in cases where they are uncomfortable with the property manager or delay.
  • The governor and the prefect may decide for a temporary period to provide financial assistance to the victim of violence if they deem it necessary.

Some of the injunctions that may be made in relation to a person who is/is likely to practice violence under the law include:

  • It may be decided by the judge that the perpetrator of violence does not engage in words and behaviors that include threats of violence, insults, humiliation or humiliation against the protected person, and does not disturb them by means of communication or otherwise.
  • The judge may decide that a person who commits violence or is likely to practice it should be removed from the common living area and not approach the housing, school and workplace where protected persons are located.
  • The decision to establish a personal relationship with children, to make a personal relationship accompanied by a companion, to limit or completely remove a personal relationship can be made by a judge.
  • The perpetrator of violence is allowed to hand over weapons or similar vehicles to law enforcement officers in accordance with the decision made by the judge. Even if he performs a public duty that is required to carry a weapon, it may also be decided to hand over the embezzled weapon to his institution because of this duty.
  • A property supervisor or judge may rule on measures to provide examination or treatment in a medical facility for a person who is violent or likely to practice it.
  • In addition to the measures counted, the obligation to pay alimony in favor of the violent may be imposed.

An injunction can be issued for the first time for a maximum of six months. If the violence repeats while the period continues or after the period ends, it is possible to apply for a re-injunction. However, it is possible for a woman who has suffered violence to request help by calling the line Alo 183. Alo 183 Social Support Line from the Call Centers of the Ministry of family, Labor and Social Services evaluates calls for services for family, women, children, disabled, elderly, relatives of martyrs, veterans and relatives of veterans, and provides guidance and counseling services. 

 There are several types of help made by ALO 183. Some of them can be considered as follows;

1. (In addition to safe housing in women's guest houses, Security, counseling, psychological support, legal support, medical support, educational support, pocket money, nursery, vocational training course, etc., by directing women and children directly or to relevant organizations. support is offered in areas.)
2. Information and guidance on issues such as what domestic violence is, what it can do, the rights of the victim, how to help the victim, institutions where it can receive psychological, institutional and legal support,
3. Giving psychological support,
4. Responding to an incident with police and other agencies in case of emergency,
5. It is to alert and correct institutions for incomplete or erroneous transactions.

A woman who files for divorce based on one of the reasons for divorce arranged in Article 161 of the Turkish Civil Code and its continuation has various rights. A spouse who has the right to file for divorce can request a divorce if he wants, and a decision on separation if he wants.  In cases of divorce or separation, the competent court is the court where one of the spouses resides or where they have sat together for the last time for six months before the case. A woman who cannot afford both legal costs and divorce lawyer fees, applying to the provincial bar where she is, as part of Legal Aid an unpaid lawyer he has the right to request his appointment and the filing of a divorce case through this appointed lawyer.

A woman considering divorce may ask the court to take various measures in accordance with the Law No. 6284 on the protection of the family and the Prevention of violence against women before filing for divorce or together with the divorce case.  In case of divorce or separation, the judge shall take the temporary measures necessary during the continuation of the case, in particular the housing of the spouses, the livelihood, the management of the property of the spouses and the care and protection of the children. 

By filing for divorce, a woman can claim financial and moral compensation. This amount of compensation is determined by the court, taking into account the characteristics of the concrete event and the rate of defect in the events that lead to divorce. In addition, during the course of the case, an injunction for the benefit of women can be ruled. As a result of the decision of divorce by the judge, if it is deemed appropriate by the court, the alimony of the injunction continues as alimony of assistance.

If the parties have joint children, the woman may ask the court to grant custody to her and to rule on precautionary alimony for joint children/children during the duration of the case, and to rule on the continuation of preventive alimony as subsidiary alimony as a result of the case. 

If the marriage ends as a result of divorce, the woman has the right to sue for participation in the property regime. Divorce proceedings and claims related to rights and receivables arising from the property regime are not considered in the same case. For the property regime case, the divorce case must be concluded and the divorce decision must be finalized.

Various property regimes for spouses are specified in the Turkish Civil Code. These:

  • A Regime Of Participation In Acquired Goods.
  • Property Separation Regime.
  • A Shared Property Separation Regime.
  • It's A Property Partnership Regime. 

According to the new Civil Code, in marriages prior to the date of entry into force of the law (01.01.2002), whichever property regime the spouses have adopted, as a rule, the old property regime that the spouses have chosen and are subject to will continue. But if spouses have not accepted any property regime; if they have not preferred any property regime until one year after the date of entry into force of the law, they will be subject to the “participation in acquired property” regime, which the New Civil Code considers the legal property regime. If there is a regime of participation in acquired goods between the parties, in this context, the parties have the right to participate in acquired goods in the Union of marriage, regardless of who the received goods are registered on Dec. 

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