LEGAL DIMENSION OF CHILD MARRIAGES IN TURKEY: COMPARED WITH THE EASTERN EUROPE AND MIDDLE EAST COUNTRIES
DOI:
https://doi.org/10.29121/granthaalayah.v7.i4.2019.916Keywords:
Child Marriage, Early Marriage, Child BridesAbstract [English]
Child marriage is defined as a marriage before the age of 18. In many countries, a significant number of girls still marry before the age of 18. The country governments and international communities are increasingly aware of the negative impacts of child marriages, but the actions to end the practice is still limited.
Child marriage threatens particularly girls’ lives and health, and it limits their future prospects. Early marriages are not considered as a "problem" by the majority of the society where as it is a phenomenon that has been existing for long years in our country. It is observed that one of the most important sources of legitimacy of marriage is public accord and these marriages are realized mostly in the framework of this accord. Patriarchal and traditional social structure have unfortunately normalized and legitimized early marriages.
It is necessary to hold meetings to create and develop awareness for implementation of Turkish Civil Code, Turkish Penal Code and Law on Protection of Minors. It will be therefore possible to ensure that children, families and people understand what kind of problems and penal responsibilities that early marriage of children constitutes
Child marriage is a problem that prevents the exercise of human rights, undermines the status of women and deprive child from their main rights including especially the education. Their marriages are a field that must be struggled with in Turkey targeting social gender equality.
Downloads
References
https://data.unicef.org/topic/child-protection/child-marriage/ (Last accessed on 22.08.2018)
https://www.girlsnotbrides.org/why-does-it-happen/ (Last accessed on 23.07.2018
Jensten R, Thornton R. “Early Female Marriage in Developing World” Gender and Development 11, No. 2 (2003): 9-19. DOI: https://doi.org/10.1080/741954311
Jain S, Kurz K. “New Insights on Preventing Child Marriage: A Global analysis of Factors and Program” (report prepared by the International Center for reseach on the Women for the United States Agency for International Development, April 2007.
UNICEF, Early Marriage: A Harmful Traditional Practice (New York: Unicef 2005)
Ertem M, Saka G, Ceylan A, Değer A. “The Factors Associated with Adolescent Marriages and Outcomes of Adolescent Pregnacies in Mardin Turkey” Journal of Comperative Family Studies 39, No.2 (2008). DOI: https://doi.org/10.3138/jcfs.39.2.229
Marthur S, Greene M, Malhotra A, “Too youmg to Wed: The Lives, Rights, and Healthy of young Married Girls”,Washington D.C: International Center of Research on Women, 2003.
Annan KA. “We the Children” (New york: UNICEF, 2001)
Turkish Official Gazette, dated 08.12.2001 and numbered 24607.
Committee on Equality of Opportunity for Women and Men of Turkish Parliamentary Report on Evaluation of Early Marriages, 2010.
https://www.tbmm.gov.tr/komisyon/ kefe/docs/komisyon_rapor.pdf (Last accessed on 22.08.2018)
KADEM. Workshop Report on Fight against Early Marriages and Forced Marriages in Turkey, 2014 http://kadem.org.tr/erken-yasta-ve-zorla-evliliklere-karsi-mucadele-calistay-raporu/ (Last accessed on 22.08.2018).
Ertürk Y. (Representative of METU). Committee on Equality of Opportunity for Women and Men of Turkish Parliamentary Minutes of the Sub-Commission Meeting dated 5/6/2009.
Doğan S. (Representative of NGO named Uçan Süpürge). Committee on Equality of Opportunity for Women and Men of Turkish Parliamentary. Minutes of the Sub-Commission Meeting dated 8/6/2009.
Balaman AR. “Marriage Kinship Types” Ankara, (2002). Publications of Ministry of Culture of Turkish Republic: 44-45,
Yasa İ. “Taygeldi Family”, Ankara University Faculty of Political Science Journal, Ankara, (1962), Volume: 17, Issue: 2.
Poyraz Tacoğlu T. “The Reasons for Traditional Marriages in Turkey and the Effects of Custom on Marriages”. METU Institute of Social Sciences Journal of Social Sciences Research. ISSN: 1309-9302. Volume: 2 Issue: December 4, 2011: 114-143.
Sezen L. "Marriage Types in Turkey", Ataturk University Turkish Intermediate Research Institute Journal, Issue: 27, Prof. Dr. Sinasi Tekin Special Issue, 2005: 185-195.
UNICEF, State of the World’s Children, 2017.
TURKSTAT. “Marriage and Divorce Statistics, 2017”, No: 27593, 02 March 2018.
TURKSTAT. “Statistics on Children, 2017”, No: 27596, 18 April 2018
Ministry of Family and Social Policies, 2010, 2011, 2012, 2013, 2014, 2015.
https://odatv.com/tuyler-urperten-rakam--1904161200.html (Last accessed on 22.08.2018).
Statistics of Ministry of Justice, 2017.
http://www.adlisicil.adalet.gov.tr/istatistik_2017/ istatistik2017.pdf (Last accessed on 22.08.2018).
Report of Committee on Human Rights of Turkish Parliamentary, 2010.
http://www.radikal.com.tr/turkiye/siirtte-biri-10-yasinda-76-cocuk-anne-oldu-995523/
(Last accessed on 22.08.2018).
B.Mensch. “The Transition to Marriage” in C.B. Lloyd ed., Growing Up Global: The Changing Transitions to Adulthood in Developing Countries, Committee on Population, Board on Children, Youthh, and Families, Division ov Behavioral and Social Sciences and Education, National Research Counsil, and Institute of Medicine (Washinigton D.C.: National Academies Press, 2005) 416-505.
UNICEF. Press Release, New York, 6 March 2018. https://www.unicef.org/eca/press-releases/25-million-child-marriages-prevented (Last accessed on 22.08.2018).
UNICEF, Progress for Every Child in the SDG Era, March 2018.
WHO, Press Release, New York, 7 March 2013.
http://www.who.int/mediacentre/news/ releases/2013/child_marriage_20130307/en/
(Last accessed on 22.08.2018).
UNICEF Database.
https://data.unicef.org/wp-content/uploads/2015/12/Child-marriage-database_Mar-2018.xlsx (Last accessed on 22.08.2018)
Preamble of Turkish Civil Code, Main Commission Report No. 723.
https://www.tbmm.gov.tr/sirasayi/donem21/yil01/ss723m.htm (Last accessed on 22.08.2018).
http://www.mevzuat.gov.tr/MevzuatMetin/1.5.5237.doc (Last accessed on 22.08.2018).
Court Decision of the Supreme Court of Appeal 5th Criminal Offic, dated 01/05/2007 and numbered 2007/3649 E - 2007/3120 K.
Decree of the Constitutional Court, dated 27/5/2015 and numbered 2014/36 E. - 2015/51 K.
World Policy Analysis Centre, Changing Children’s Chances: New Findings on Child Policy Worldwide, 2013.
https://www.worldpolicycenter.org/sites/default/files/Childrens%20Chances%20Report%20-%20English.pdf (Last accessed on 22.08.2018).
World Policy Analysis Centre, Child Marriage Database. https://www.worldpolicycenter. org/data-tables/policy/what-is-the-minimum-age-of-marriage-for-girls (Last accessed on 23.07.2018).
World Bank, Economic Impacts of Child Marriage: Global Synthesis Report, June 2017. http://documents.worldbank.org/curated/en/530891498511398503/pdf/116829-WP-P151842-PUBLIC-EICM-Global-Conference-Edition-June-27.pdf.
https://www.unfpa.org/child-marriage (Last accessed on 22.08.2018).
Downloads
Published
How to Cite
Issue
Section
License
With the licence CC-BY, authors retain the copyright, allowing anyone to download, reuse, re-print, modify, distribute, and/or copy their contribution. The work must be properly attributed to its author.
It is not necessary to ask for further permission from the author or journal board.
This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.
