Violence against women, which manifests itself in society as a result of gender-based discrimination, is one of the important problems that cause human rights violations in Turkey and the world. This article will discuss the types of violence that women are exposed to and victimized by, the administrative and judicial authorities that can be applied to in case of being a victim of one of these types of violence, and the preventive and protective measures that women and other individuals exposed to violence in the event of domestic violence can request.
Physical violence is any attack that harms the physical integrity of another person and causes them pain. Examples of physical violence include being forced to live in unhealthy conditions, customary and honor killings, and all actions that cause physical harm to an individual.
Physical Violence
Physical violence is any attack that harms the physical integrity of another person and causes them pain. Physical violence, which includes any action that causes physical harm to an individual, includes being forced to live in unhealthy conditions, custom and honor killings.[1] The rate of women who stated that they had been subjected to physical violence at some point in their lives nationwide is 36%, and 8% in the last 12 months. In other words, approximately four out of every 10 women have been subjected to physical violence by their husbands or intimate partners. According to the results of the research conducted in 2008, this rate is 39%.[2]
Sexual Violence
Sexual violence is the violence that occurs when a woman’s role in a sexual ritual is forced upon her by force and pressure, against her own free will.[3] The World Health Organization defines sexual violence as “attempts to perform a sexual act, unwanted sexually explicit conversations, using someone for sexual purposes, coercive sanctions against a person’s sexuality in the home or workplace, regardless of the nature of the relationship between the victim and the perpetrator.” In Turkey, 12% of ever-married women have reported being subjected to sexual violence at some point in their lives, and 5% in the last 12 months. The region where sexual violence is most frequently voiced is the Northeastern Anatolia Region. 38% of ever-married women have been subjected to physical and/or sexual violence at some point in their lives.[4]
Psychological Violence
Actions that cause a person to be worn down mentally are defined as psychological violence. In this context; insulting, locking up, humiliating, calling names, pressuring a woman on how to dress, where to go, who to meet, taking out one’s anger on children, threatening not to show one’s children, showing a gun, etc. are all signs of exposure to psychological violence.[5] In Turkey, the rate of psychological violence that women have been exposed to at some point in their lives is 44%, and in the last 12 months it is 26%. Half of the women living in the Western Anatolia and Central Anatolia regions stated that they have been exposed to psychological violence at some point in their lives. The results of the research conducted in 2014 are parallel to the results of the 2008 research.[6]
Economic Violence
Any behavior that deprives a woman of economic power and prevents her from continuing her life is defined as economic violence. Restricting a woman from spending money, not allowing her to work, forcing her to work, having men make decisions on economic issues alone, taking away a woman’s money, causing a woman to be fired by creating a scene at work, preventing a woman from developing skills that will facilitate finding a job, depriving her of financial resources to meet her household needs, forcing a disabled woman to beg, and other actions that are taken to economically limit someone in order to control or punish them are all indicators of economic violence.[7] In Turkey, the rate of women who have been exposed to at least one of these behaviors at some point in their lives is 30%, and the rate of women who have been exposed to them in the last 12 months is 15%. Preventing work or causing them to quit their job is the most frequently mentioned form of economic violence against women. One in four women have been exposed to economic violence at some point in their lives, and one in ten women have been exposed to economic violence in the last 12 months.[8]
Stalking
Across Turkey, nearly 3 out of every 10 women have been subjected to stalking at least once. However, the most common forms of stalking are constant phone calls (19%), sending text messages, letters or emails (8%), or following via social media (6%), and coming to where the woman works or lives and harassing her (6%).[9]
Judicial and Administrative Authorities to Which Victims of Violence Can Apply
Violence Prevention and Monitoring Centers (ŞÖNİM)
These are centers where people who are exposed to violence or at risk of violence can apply in order to prevent violence and effectively implement protective and preventive measures, and that provide consultancy, guidance and referral services, as well as strengthening and supportive services on the issues they need, and conduct monitoring activities on a 24/7 basis. As of December 2016, Violence Prevention and Monitoring Centers have been operating throughout Turkey; It provides service in a total of 49 provinces including Adana, Adıyaman, Aksaray, Amasya, Ankara, Antalya, Bartın, Batman, Bingöl, Burdur, Bursa, Çanakkale, Çorum, Denizli, Diyarbakır, Düzce, Elazığ, Erzincan, Erzurum, Eskişehir, Gaziantep, Gümüşhane, Hakkari, Hatay, Isparta, İstanbul, İzmir, Kahramanmaraş, Kars, Kayseri, Kilis, Kocaeli, Konya, Malatya, Manisa, Mersin, Muş, Osmaniye, Sakarya, Samsun, Sivas, Şanlıurfa, Tekirdağ, Trabzon, Tunceli, Uşak, Van, Yalova and Zonguldak.[10]
ALO 183 Social Support Line
“Alo 183 Social Support Line” works as a psychological, legal and economic counseling line for women and children who are subjected to violence or at risk of violence and who need support and assistance. It provides information to victims of violence about their rights and application mechanisms. This line is available 24/7 and is free of charge.
Women’s Support Application (KADES)
KADES is an official application offered to users in order to prevent bad acts such as violence and harassment that women and children are exposed to. Women who are subjected to violence from their spouses or someone else or who are likely to be subjected to violence can quickly reach the Women’s Emergency Support Reporting System by reporting via their smartphones.
A woman using a smartphone can download the “Women’s Support Application (KADES)” from the Google Play Store and Apple Store applications, enter her Turkish Republic Identity Number and open the device location information in case of emergency and call for help with a single click. With this application, the aim is to dispatch the closest team or patrol to the scene to intervene in the incident and prevent violence.[11]
Law Enforcement
In case of exposure to violence or in the presence of such a danger, the nearest police and gendarmerie station can be contacted and the necessary measures can be taken and a complaint can be made.
Chief Public Prosecutor’s Office
Persons subjected to violence within the scope of Law No. 6284 can directly apply to the Public Prosecutor’s Office. In this context, “Domestic Violence Crimes Investigation Bureaus” have been established within the prosecutor’s offices.
Family Courts
The family court decides on applications within the scope of Law No. 6284. If there is no family court in the place where the victim of violence is located, the Civil Courts of First Instance are authorized and have jurisdiction as family courts. In such a case, an application can be made by submitting a petition to the Civil Court of First Instance.
Preventive and Protective Measures Decisions That Can Be Requested According to Law No. 6284
The measures that can be taken by the provincial governor (district governorships and governorships) and the Family Court Judge in order to protect women, children, family members and victims of unilateral persistent stalking who are subjected to violence or at risk of violence and to prevent violence against these persons are listed below. Victims of violence can apply to the relevant authorities and request that these measures be taken for themselves or others.
Protective Measure Decisions That Can Be Given by the Civil Administrator
• Providing suitable shelter for the woman and, if necessary, the children accompanying her, either where she is or elsewhere.
• Providing temporary financial assistance.
• Providing psychological, professional, legal and social guidance and counseling services.
• In cases where there is a risk to life, placing the person concerned (woman, child, family members, stalking victim) under temporary protection upon request or ex officio.
• If necessary, providing a daycare facility for those over the age of sixteen, not to exceed half of the net monthly minimum wage determined each year and documented, for a period of four months if the protected person has children, or two months if the person is employed, to support their participation in work life.
In cases where delay is dangerous, providing shelter and temporary protection measures can also be taken by the relevant law enforcement officers.
Women, children, family members who have been subjected to violence or are at risk of violence, and people who are victims of one-sided persistent stalking can apply to the Governorships and District Governorships to have the said measures taken.
Protective Measure Decisions That Can Be Given by the Family Judge
• Changing the workplace.
• Determining a separate residence from the joint residence if the person is married.
• In the event that the conditions in the Turkish Civil Code No. 4721 dated 22/11/2001 are present and upon the request of the protected person, adding a family residence entry to the land registry.
• In the event that there is a vital danger for the protected person and it is understood that other measures will not be sufficient to prevent this danger and based on the informed consent of the relevant person, changing the identity and other relevant information and documents in accordance with the provisions of the Witness Protection Law No. 5726 dated 27/12/2007
Women, children, family members and victims of unilateral stalking who are subjected to violence or at risk of violence can apply to the Family Court with a petition and request that protective measures be taken. If there is no family court in the location, the application should be made to the Civil Court of First Instance.
Preventive Measures Decisions That Can Be Given by the Family Judge
The judge may rule on the following measures against perpetrators of violence;
• Not to use words or behaviors that include threats of violence, insults, humiliation or degrading towards the victim of violence. In cases where there is a risk of delay, the relevant law enforcement officer may also take this measure.
• Immediate removal from the shared residence or the place where the person is located and allocation of the shared residence to the protected person. In cases where there is a risk of delay, the relevant law enforcement officer may also take this measure.
• Not to approach the protected persons, the residence, school and workplace where these persons are located. In cases where there is a risk of delay, the relevant law enforcement officer may also take this measure.
• If there is a previous decision to establish personal relations with children, the personal relations should be carried out with a companion, the personal relations should be limited or completely terminated.
• If deemed necessary, the protected person should not approach their relatives, witnesses and children, except for cases related to establishing personal relationships, even if they have not been subjected to violence. In cases where delay is dangerous, the relevant law enforcement officer may also take this measure.
• Not damage the personal belongings and household goods of the protected person.
• Not disturb the protected person through means of communication or in any other way.
• To surrender to the law enforcement any weapons that are legally permitted to be possessed or carried.
• Even if they perform a public duty that requires them to carry a weapon, to surrender the weapon they have entrusted to their institution due to this duty.
• Not use alcohol, drugs or stimulants in the places where the protected persons are located or not approach the protected persons and their places while under the influence of these substances, and in the event of addiction, to ensure their examination and treatment, including hospitalization.
• To apply to a health institution for examination or treatment and to ensure their treatment.
In addition, the family court judge is authorized to decide on the protective and supportive measures included in the Child Protection Law and the establishment of custody, trusteeship, alimony and personal relationship in accordance with the provisions of Law No. 4721.
Finally, if the perpetrator of violence is also the person who provides for or contributes to the family’s livelihood, the judge may rule for preventive alimony even if it is not requested, considering the living standards of the victim of violence, provided that alimony has not been ruled in accordance with the provisions of Law No. 4721.
Women, children, family members who are subjected to violence or who are at risk of violence and victims of unilateral persistent stalking can apply to the Family Court with a petition and request that preventive measures be taken. If there is no family court in the location, the application should be made to the Civil Court of First Instance.
[1] Kadına Yönelik Şiddetle Mücadele Ulusal Eylem Planı (2016-2020), p.5, https://www.aile.gov.tr/uploads/ksgm/uploads/pages/dagitimda-olan-yayinlar/kadina-yonelik-siddetle-mucadele-ulusal-eylem-plani-2016-2020-icin-tiklayiniz.pdf Access Date 28.11.2024.
[2] The data in question was taken from the Research on Domestic Violence Against Women in Türkiye for the years 2013-2014. Kadının Statüsü Genel Müdürlüğü (KSGM), (2014), “Türkiye’de Kadına Yönelik Aile İçi Şiddet Araştırması” http://kadininstatusu.aile.gov.tr/data/542950d5369dc32358ee2bba/Ana%20Rapor.pdf Access Date 28.11.2024.
[3] Ayşe Ediz, Şenol Altan, ‘‘Türkiye’de Kadına Şiddet Üzerine Bir Alan Araştırması’’, p.401.
[4] The data in question was taken from the Research on Domestic Violence Against Women in Türkiye for the years 2013-2014. Kadının Statüsü Genel Müdürlüğü (KSGM), (2014), “Türkiye’de Kadına Yönelik Aile İçi Şiddet Araştırması” http://kadininstatusu.aile.gov.tr/data/542950d5369dc32358ee2bba/Ana%20Rapor.pdf Access Date 28.11.2024.
[5] Kadına Yönelik Şiddetle Mücadele Ulusal Eylem Planı (2016-2020), p.5, https://www.aile.gov.tr/uploads/ksgm/uploads/pages/dagitimda-olan-yayinlar/kadina-yonelik-siddetle-mucadele-ulusal-eylem-plani-2016-2020-icin-tiklayiniz.pdf Access Date 28.11.2024.
[6] The data in question was taken from the Research on Domestic Violence Against Women in Türkiye for the years 2013-2014. Kadının Statüsü Genel Müdürlüğü (KSGM), (2014), “Türkiye’de Kadına Yönelik Aile İçi Şiddet Araştırması” http://kadininstatusu.aile.gov.tr/data/542950d5369dc32358ee2bba/Ana%20Rapor.pdf Access Date 28.11.2024.
[7] Kadına Yönelik Şiddetle Mücadele Ulusal Eylem Planı (2016-2020), p.5, https://www.aile.gov.tr/uploads/ksgm/uploads/pages/dagitimda-olan-yayinlar/kadina-yonelik-siddetle-mucadele-ulusal-eylem-plani-2016-2020-icin-tiklayiniz.pdf Access Date 28.11.2024.
[8] The data in question was taken from the Research on Domestic Violence Against Women in Türkiye for the years 2013-2014. Kadının Statüsü Genel Müdürlüğü (KSGM), (2014), “Türkiye’de Kadına Yönelik Aile İçi Şiddet Araştırması” http://kadininstatusu.aile.gov.tr/data/542950d5369dc32358ee2bba/Ana%20Rapor.pdf Access Date 28.11.2024.
[9] The data in question was taken from the Research on Domestic Violence Against Women in Türkiye for the years 2013-2014. Kadının Statüsü Genel Müdürlüğü (KSGM), (2014), “Türkiye’de Kadına Yönelik Aile İçi Şiddet Araştırması” http://kadininstatusu.aile.gov.tr/data/542950d5369dc32358ee2bba/Ana%20Rapor.pdf Access Date 28.11.2024.
[10] Kadına Yönelik Şiddetle Mücadele Ulusal Eylem Planı (2016-2020), p.23., https://www.aile.gov.tr/uploads/ksgm/uploads/pages/dagitimda-olan-yayinlar/kadina-yonelik-siddetle-mucadele-ulusal-eylem-plani-2016-2020-icin-tiklayiniz.pdf Access Date 28.11.2024.
[11] For more information and to download the app: https://www.icisleri.gov.tr/kadin-destek-uygulamasi-kades