Women's rights in Turkey
Turkish law guarantees women's rights in every field, and Turkish women are equal to men in their rights and freedoms
Under Article 8 of the Turkish Civil Code:
“Everyone has the right to a fair and public hearing before an independent and impartial tribunal in the determination of their rights and obligations and of any
criminal charge against them”.
The article makes no distinction between men and women and treats the exercise of civil rights as a right belonging to every member of society.
The capacity to exercise rights and duties is subject to the same rule.
Marriage age
Under Article 88 of the Civil Code in Turkey: “A son may not marry until he reaches 17 years of age, and a daughter
may not marry until she reaches 15 years of age”.
Therefore, the marriage age for girls and boys is not the same and differs by two years.
In addition, the judge may allow a boy aged 16 and a girl aged 14
to marry in exceptional circumstances and for a very serious reason.
A wife remarrying after her husband's death
Under Turkish law, a woman may not remarry for 300 days after her husband's death; the same is required in the case of
divorce and annulment of the marriage. However, if the woman gives birth, this period ends immediately.
The judge may also shorten the period if the divorced couple wish to marry each other again. (Article 95. Turkey)
As can be seen, under Turkish law the spouses must also observe the waiting period if they come back together, and it is
up to the judge whether or not to shorten that period.
Annulment of marriage
Polygamy is illegal under Turkish law, so that, under the first paragraph of Article 112,
“If one of the parties (male or female) was already married at the time of the marriage, that marriage is deemed void”.
The second paragraph of the same article states: “If one of the parties was of unsound mind or lacked discernment at the time of the marriage
that marriage is deemed void”.
Therefore, under the Civil Code in Turkey, polygamy is not permitted, and if a man or a woman marries someone else without
regard for the law, that marriage is void and has no legal effect.
A marriage to a person of unsound mind is likewise void,
and marriage between blood relatives is also among the grounds for nullity of marriage (paragraph 3 of Article 112 of the constitution of Turkey)
Divorce
Under the Turkish Civil Code, divorce is not granted without a petition.
Therefore, for the spouses to separate, one of them must first file a divorce petition with the court.
Personal status of a divorced woman
A divorced woman may keep the personal status she gained through marriage even after divorce. But she recovers the surname she
held before marriage.
If the divorced woman has an interest in keeping the husband's surname acquired on marriage and this causes the husband no harm,
the judge may, at her request, permit her to keep the surname held during the marriage (the husband's surname).
If circumstances change, the man may apply to the judge concerning the permission mentioned above. (Article 141)
Awarding maintenance after divorce
According to Article 144: “If a man or a woman falls into poverty because the divorce has occurred and is not grossly at fault
in its occurrence, the wife (or the husband) may claim maintenance from the other spouse on a permanent basis, as far as that spouse is able.
Note that under the Turkish Civil Code maintenance is paid after the divorce, not during cohabitation, and payment is not only the responsibility of the
husband; a wealthy wife whose husband is unable to provide also bears the cost of his living.
These payments will continue until the poverty is eliminated. Increasing or reducing the amount also requires a court ruling
Women's employment in Turkey
Article 159, concerning women's employment, was repealed by a decision of the Constitutional Court dated 29/11/1990.
There is therefore no special provision on women's employment, and a woman, like a man, may work in any permitted job.
Inheritance
There is no difference in inheritance between men and women under Turkish law. This follows from the explicit wording of Article 439.
Turkey: “Children inherit equally”.