CEDAW/C/TUR/CC/4-5
15 February 2005
Original: English
Committee
on the Elimination of Discrimination against Women
Thirty-second session
10-28 January 2005
Concluding
comments: Turkey
1. The Committee
considered the combined fourth and fifth periodic report of Turkey
(CEDAW/C/TUR/4-5 and Corr.1) at its 677th and 678th meetings held
on 20 January 2005.
Introduction
by the State party
2. In introducing
the report, the representative referred to the State party’s
withdrawal, in 1999, of all the substantive reservations to the
Convention on the Elimination of All Forms of Discrimination against
Women as an expression of the Government’s political will
to adhere to its international obligations to achieve women’s
rights. Work was under way towards withdrawal of its declaration
to article 9, paragraph 1. Ratification of the Optional Protocol,
in 2002, was also highlighted.
3. Drawing
attention to the process of rapid transformation in the State
party, the representative highlighted recent developments in the
legal field. Among the most important was the amendment of article
10 of the Constitution in May 2004, making the State responsible
not only for ensuring non-discrimination between women and men,
but also for taking the necessary measures to provide equal rights
and opportunities in practice for women in every field. The amendment
of article 90 ensured supremacy of international conventions,
including the Convention on the Elimination of All Forms of Discrimination
against Women, over all national laws.
4. The representative
indicated that the new Civil Code of 2001 ensured women’s
rights and equality between women and men in marriage and family
relations. Non-governmental organizations had played an important
role in its enactment. The new Law on the Protection of the Family
of 1998 addressed for the first time the question of domestic
violence, and judges and prosecutors had been trained about its
provisions. The Law on Municipalities required municipalities
with a population of over 50,000 to provide services for victims
of violence, including shelters for women and children.
5. The new
Penal Code, scheduled to enter into force in April 2005, defined
sexual crimes as crimes committed against the individual rather
than against public decency. For the first time, the Code covered
marital rape and sexual harassment in the workplace, as well as
trafficking in persons. In addition to the annulment, in 2000,
of a provision allowing for leniency for perpetrators of honour
crimes, the new Code now imposed life sentences for perpetrators,
thus reinforcing the Government’s determination to prevent
such crimes. The Labour Code had been amended in 2003, prohibiting
discrimination also on the basis of gender, and eliminating discriminatory
practices against women including owing to marital status or family
responsibilities.
6. While important
legislative progress had been achieved, traditional values and
customs continued to have an impact on the practical implementation
of the new laws. A Mentality Transformation Project aimed at supporting
their implementation was a priority objective of the Government.
Efforts to tackle violence against women included the establishment
of the Platform to Prevent Violence and of a oneyear campaign
to end violence against women. Efforts to eliminate honour killings
had intensified, and were also reflected in the country’s
main sponsorship in the General Assembly of a draft resolution
on that issue.
7. The national
machinery for the advancement of women had been strengthened with
the entry into force, in November 2004, of the Organizational
Law on the Directorate General for the Status and Problems of
Women, and the establishment of a Consultative Council for the
Status of Women, to ensure more effective policy formulation and
coordination.
8. The Compulsory
Basic Education Law of 1997 had made an important contribution
to girls’ education by raising the number of female students
especially from rural areas, as had the national campaign Support
to Schooling of Girls. Literacy courses and informal education
programmes, and the review of education materials to eliminate
gender discriminatory elements, also contributed to those efforts.
As women were lagging far behind men in employment and their labour
force participation was decreasing, policies were being developed
and various projects and training programmes implemented to increase
women’s employment. Important progress had also been achieved
in regard to women’s health, as reflected in a number of
indicators. In order to enhance the role of the media in achieving
gender equality, various projects had been initiated.
9. Women’s
participation in decision-making, particularly in politics, was
not yet at a satisfactory level. While there was a high proportion
of women in the professions and in academia, 4.4 per cent of seats
in parliament were held by women, and there was one woman minister
in the Cabinet. Women’s representation in local government
was also very low. However, women had recently started to show
a significant interest in participation in politics. It was hoped
that a leap forward would take place in the near future.
10. The representative
noted that despite progress, regional disparities persisted, and
they were taken into account in the planning and provision of
services.
11. In conclusion,
the representative reaffirmed the Government’s determination
to achieve equality between women and men, and expressed confidence
in the support and cooperation of the country’s academic
and civil society institutions, as well as that of the Committee,
in that endeavour.
Concluding
comments of the Committee
Introduction
12. The Committee
expresses its appreciation to the State party for its combined
fourth and fifth periodic reports, which complied with the Committee’s
guidelines for the preparation of periodic reports and was frank
and informative.
13. The Committee
commends the State party on its high-level delegation, headed
by the Minister of State in charge of women and made up of representatives
of different ministries with responsibility for the implementation
of the Convention and academics. It expresses appreciation to
the State party for the oral presentation, which elaborated on
the most recent developments in the implementation of the Convention,
for the written replies to the list of issues and questions raised
by the Committee’s pre-session working group and for further
clarification to the questions orally posed by the Committee.
14. The Committee
commends the State party for the withdrawal of the reservation
to article 15, paragraphs 2 and 4, and article 16, paragraphs
1 (c), (d), (f) and (g) of the Convention.
15. The Committee
notes that the State party has begun to work on the withdrawal
of its Declaration on article 9, paragraph 1, of the Convention
following the removal of the provisions in the Citizenship Act
that formed the basis for the Declaration.
16. The Committee
appreciates the State party’s collaboration with women’s
non-governmental organizations, interested public institutions
and academics in the preparation of the report. It welcomes the
State party’s recognition of the strong support given by
civil society and academics to progress in achieving gender equality.
Positive
aspects
17. The Committee
commends the State party for amending article 10 of its Constitution,
which now explicitly sets out the State’s responsibility
to ensure women’s enjoyment of equality and establishes
a firm basis for adopting temporary special measures aimed at
accelerating de facto equality between men and women. The Committee
also commends the State party on its amendment of article 90 of
the Constitution, ensuring the primacy of international treaties
regarding basic rights and freedoms, including the Convention,
over domestic law.
18. The Committee
notes with appreciation that the State party has undertaken significant
law reform since the consideration of its combined second and
third periodic reports (CEDAW/C/TUR/2-3) in 1997, aimed at the
promotion of gender equality and elimination of discrimination
against women, and at achieving compliance with its obligations
under the Convention, including in regard to combating domestic
violence (the Law on the Protection of the Family 1998), women’s
legal status in marriage (the Civil Code of 2001), and the criminalization
of marital rape and sexual harassment in the workplace (the Penal
Code of 2004).
19. The Committee
commends the State party for its sponsorship of General Assembly
resolution 59/165 of 20 December 2004, entitled “Working
towards the elimination of crimes against women and girls committed
in the name of honour”.
20. The Committee
notes with appreciation that the State party has increased compulsory
basic education from five to eight years with a focus on increasing
the enrolment rate of girls.
21. The Committee
notes with appreciation that the State party ratified the Optional
Protocol to the Convention in October 2002 and accepted the amendment
to article 20, paragraph 1, of the Convention, relating to the
Committee’s meeting time in December 1999.
Principal
areas of concern and recommendations
22. The Committee
notes the State party’s obligation for the systematic and
continuing implementation of all the provisions of the Convention.
At the same time, it is the Committee’s view that the concerns
and recommendations identified in the present concluding comments
require the State party’s priority attention between now
and the submission of the next periodic report. Consequently,
the Committee calls on the State party to focus on these areas
in its implementation activities and to report on actions taken
and results achieved, in its next periodic report. It calls on
the State party to submit the present concluding comments to all
relevant ministries and to Parliament so as to ensure their full
implementation.
23. While
noting the constitutional and legislative provisions on equality
between women and men, the Committee is concerned that the State
party’s legislation does not contain a definition of discrimination
against women in accordance with article 1 of the Convention.
24. The Committee
recommends that a definition of discrimination against women in
line with article 1 of the Convention be included in the Constitution
or in appropriate laws. It also recommends the implementation
of campaigns to raise awareness about the Convention and the meaning
and scope of discrimination against women aimed at the general
public and especially at parliamentarians, the judiciary and the
legal profession.
25. The Committee
is concerned that some provisions of the Penal and Civil Codes
continue to discriminate against women and girls. In particular,
the Committee is concerned that genital examinations of women,
or virginity tests, may still be carried out under certain circumstances
without the consent of the woman; and that the use of the term
“custom killing” instead of “honour killing”
in the Penal Code may result in less vigorous prosecution of,
and less severe sentences for the perpetrators of such crimes
against women. It is also concerned that the penalization of consensual
sexual relations among youth between 15 and 18 years of age may
impact more severely on young women, especially in light of the
persistence of patriarchal attitudes. The Committee is further
concerned that the amendment to the Civil Code regarding joint
ownership of acquired property as the default legal property arrangement
does not apply retroactively.
26. The Committee
calls upon the State party to give priority to amending remaining
discriminatory legal provisions without delay so as to bring its
legislation into line with article 2 of the Convention. In particular
it urges the State party that consent of the woman be made a prerequisite
for genital examinations under all circumstances; that any crime
committed in the name of custom or honour be classified as aggravated
homicide and severest penaltiesprovided for by the law; and that
the penalization of consensual sexual relations among youth between
15 and 18 years of age be reconsidered. It also recommends that
the State party consider the impact of the lack of retroactive
applicability of the amendment to the Civil Code regarding joint
ownership of acquired property on women, with a view to remedying
the law’s disadvantageous consequences for women who were
married prior to its entry into force.
27. The Committee
is concerned about the persistence of violence against women,
including domestic violence. It is concerned that women victims
of violence are unaware of their rights and the protection mechanisms
available to them under the law. The Committee is furthermore
concerned that support services for women victims of violence,
including shelters, are inadequate in number. It is also concerned
that, under the recently enacted Law on Municipalities, the responsibility
for establishing shelters has been delegated to municipalities
without adequate mechanisms to monitor its implementation and
ensure financing.
28. The Committee
calls upon the State party to intensify its efforts to prevent
and combat violence against women, including domestic violence,
which is a form of discrimination against women and a violation
of their human rights. The Committee underlines the need to fully
implement and carefully monitor the effectiveness of the Law on
the Protection of the Family, and of related policies in order
to prevent violence against women, provide protection and support
services to the victims, and punish and rehabilitate offenders.
In this regard, the Committee draws attention to its general recommendation
19. The Committee further calls upon the State party to monitor
implementation of the Law on Municipalities with a view to ensuring
availability of a sufficient number of shelters throughout the
territory of the State party, their adequate financing and the
inclusion of research results and practical experiences of non-governmental
organizations in this field. The Committee recommends continuous
training for public officials, especially law enforcement officials,
the judiciary and health-care providers so that they are fully
sensitized to all forms of violence against women and can adequately
respond to it. The Committee also invites the State party to undertake
sustained awareness-raising measures through the media and public
education programmes to reinforce the notion that such violence
is socially and morally unacceptable, and constitutes discrimination
against women.
29. The Committee
is strongly concerned about the pervasiveness of patriarchal attitudes
and deep-rooted traditional and cultural stereotypes regarding
the roles and responsibilities of women and men in society, and
which continue to cast women in a position of inferiority. It
expresses its concern that these attitudes contribute to the perpetuation
of violence against women, including in the form of “honour
killings”, and negatively affect women’s enjoyment
of their rights in many areas; they also impede the full implementation
of the Convention, including in regard to education, employment,
health and participation in decision-making. It is also concerned
about the persistence of certain traditional and cultural practices
that are discriminatory to women, such as early marriage, forced
marriage and polygamy, notwithstanding the relevant provisions
in the Civil Code.
30. The Committee
calls upon the State party to accelerate its efforts to eliminate
stereotypical attitudes about the roles and responsibilities of
women and men, in conformity with articles 2 (f) and 5 (a) of
the Convention, including through awareness-raising and educational
campaigns directed at both women and men, to foster a better understanding
of, and support for equality between women and men at all levels
of society. The Committee calls on the State party to carefully
monitor the impact of such measures. It recommends that the media
be further encouraged to project a positive image of women and
of the equal status and responsibilities of women and men in the
private and public spheres. The Committee also calls upon the
State party to introduce without delay additional measures, in
collaboration with civil society organizations, women’s
groups and community leaders, as well as teachers and the media,
to eliminate traditional and cultural practices that discriminate
against women in marriage and family relations, taking into account
the Committee’s general recommendation 21, on equality in
marriage and family relations.
31. The Committee
is concerned that women are significantly underrepresented in
all areas of political and public life and that progress towards
achieving equality, particularly at decision-making levels, both
national and local, has been regrettably slow. The Committee is
also concerned about the underrepresentation of women in the higher
echelons of the Foreign Service.
32. The Committee
encourages the State party to take sustained measures to increase
the representation of women in elected and appointed bodies in
all areas of public life. It recommends that the State party introduce
temporary special measures in accordance with article 4, paragraph
1, of the Convention and the Committee’s general recommendation
25 to increase the number of women in the Parliament, in municipal
bodies and at higher levels in the Foreign Service. It also recommends
that the State party carry out awarenessraising campaigns on the
importance of women’s participation in political and public
life and decision-making positions, and evaluate the impact of
such measures.
33. The Committee
is concerned at the high rate of female illiteracy and the lower
enrolment and completion rates of girls and women at all levels
of education, and that these discrepancies are further aggravated
by urban-rural, regional and ethnic differences. The Committee
is further concerned that girls and women continue to predominate
in traditionally female areas of education and are particularly
underrepresented in technical and vocational schools. The Committee
is concerned about the disadvantages that result from these educational
choices for women’s professional and employment opportunities.
It is also concerned that women and girls whose mother tongue
is not Turkish may face multiple forms of discrimination in access
to and achievement in education. The Committee is also concerned
about the impact on girls and women of the ban on wearing headscarves
in schools and universities. The Committee is further concerned
that stereotypical attitudes continue to create disadvantages
for girls in education.
34. The Committee
recommends that the State party take proactive measures to decrease
the high rate of female illiteracy and to strengthen girls’
and women’s access to all levels of education and teaching
and to actively encourage diversification of educational and professional
choices for women and men. The Committee recommends that such
measures include the use of temporary special measures, in accordance
with article 4, paragraph 1, of the Convention and the Committee’s
general recommendation 25. The Committee calls on the State party
to implement further targeted policies and programmes to overcome
educational disadvantages faced by girls and women belonging to
diverse ethnic groups and those whose mother tongue is not Turkish,
particularly in rural areas, as well as to address regional disparities.
The Committee requests the State party to monitor and assess the
impact of the ban on wearing headscarves and to compile information
on the number of women who have been excluded from schools and
universities because of the ban. It also calls on the State party
to undertake further awareness-raising on the importance of education
for women’s equality and economic opportunities, and to
overcome stereotypical attitudes.
35. The Committee
is concerned about direct and indirect discrimination against
women in the labour market, where women earn significantly less
than men in both the public and private sector. The Committee
is concerned about women’s high level of unemployment, very
low participation in the labour force, particularly in urban areas,
and their concentration in agriculture as unpaid family workers
and in unregistered work with low or no income or wages and lack
of social security benefits. The Committee is further concerned
that a barrier to women’s participation in the labour market
is that too few childcare facilities exist.
36. The Committee
calls on the State party to take measures to ensure full implementation
of article 11 of the Convention. It recommends that the State
party take measures to eliminate occupational segregation, in
particular through education and training. It urges the State
party to improve the availability of affordable childcare facilities
for pre-school-age children to facilitate women’s entry
and re-entry into the labour market.
37. The Committee
notes with concern the persistence of high maternal and infant
mortality rates in the State party.
38. The Committee
recommends that the State party allocate adequate resources to
improve the status of women’s health, in particular with
regard to maternal and infant mortality and make every effort
to increase access to health-care facilities and medical assistance
by trained personnel, particularly in rural areas and particularly
for post-natal care.
39. The Committee
notes the lack of information in the report on the situation of
women asylum-seekers in the State party.
40. The Committee
calls upon the State party to provide, in its next periodic report,
a comprehensive picture of the situation of women asylum-seekers
in Turkey. The Committee notes the lack of information on the
integration of a gender perspective in the State party’s
economic planning. The Committee requests the State party to provide
information in its next periodic report on the integration of
a gender perspective in its economic planning.
41. The Committee
requests the State party to provide in its next report information,
sex-disaggregated statistics and data relating to women in the
judiciary, trafficked women and girls, as well as Kurdish women
and othergroups of women subject to multiple forms of discrimination
and their access to health, employment and education, as well
as various forms of violence committed against them.
42. The Committee
requests the State party to provide, in the next report, information
on the actions taken to ensure the implementation of the constitutional
amendment and new laws mentioned in paragraphs 17 and 18 above,
as well as an assessment of their impact in enhancing the implementation
of the provisions of the Convention and ensuring women’s
access to justice and redress in cases of violations. It recommends
that the State party strengthen education and training programmes,
in particular for judges, lawyers and law enforcement personnel,
on the legislative reforms aimed at eliminating discrimination
against women. The Committee also recommends that awareness-raising
campaigns targeted at women be undertaken so that they can avail
themselves of redress mechanisms.
43. The Committee
requests the State party to respond to the concerns expressed
in the present concluding comments in its next periodic report
under article 18 of the Convention, due in 2007.
44. The Committee
encourages the State party to ensure the wide participation of
all ministries, public bodies and entities in the preparation
of the next report. It further encourages the State party to involve
the Parliament in a discussion of the report before its submission
to the Committee.
45. Taking
account of the gender dimensions of declarations, programmes and
platforms for action adopted by relevant United Nations conferences,
summits and special sessions, such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session of the General Assembly on children (the twenty-seventh
special session), the World Conference on Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the Second World Assembly
on Ageing, the Committee requests the State party to include in
its next periodic report information on the implementation of
aspects of those documents relating to relevant articles of the
Convention.
46. The Committee
notes that States’ adherence to the seven major international
human rights instruments, i.e., the International Covenant on
Economic, Social and Cultural Rights, the International Covenant
on Civil and Political Rights, the International Convention on
the Elimination of All Forms of Racial Discrimination, the Convention
on the Elimination of All Forms of Discrimination against Women,
the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Convention on the Rights of the Child
and the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families enhances
the enjoyment by women of their human rights and fundamental freedoms
in all aspects of life. The Committee commends the State party
for having ratified the seven major international human rights
instruments.
47. The Committee
requests the wide dissemination in Turkey of the present concluding
comments in order to make the people, including government officials,
politicians, parliamentarians and women’s and human rights
organizations aware of the steps that have been taken to ensure
de jure and de facto equality of women, as well as the further
steps that are required in this regard. The Committee requests
the State party to continue to disseminate widely, in particular
to women’s and human rights organizations, the Convention,
its Optional Protocol, the Committee’s general recommendations,
the Beijing Declaration and Platform for Action and the outcome
of the twentythird special session of the General Assembly, entitled
“Women 2000: gender equality, development and peace for
the twenty-first century”.
