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UN Committee on the Elimination of Discrimination against Women: State Party Report, Turkey

Publisher UN Committee on the Elimination of Discrimination Against Women (CEDAW)
Author Government of Turkey
Publication Date 12 April 1996
Citation / Document Symbol CEDAW/C/TUR/2
Reference 43
Cite as UN Committee on the Elimination of Discrimination Against Women (CEDAW), UN Committee on the Elimination of Discrimination against Women: State Party Report, Turkey, 12 April 1996, CEDAW/C/TUR/2, available at: http://www.refworld.org/docid/3ae6ae1a4.html [accessed 24 July 2014]
 

COMMITTEE ON THE ELIMINATION OF
DISCRIMINATION AGAINST WOMEN

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 18 OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

Second periodic reports of States parties

TURKEY[1]*

INTRODUCTION

1. The first report submitted by Turkey was examined by the Ninth Assembly of the Committee on the Elimination of Discrimination against Women (CEDAW) held from 29 to 31 January 1990.The criticisms of CEDAW on the first report have been taken into consideration during the preparation of the present report.

2.The Convention on the Elimination of All Forms of Discrimination against Women was ratified by the Council of Ministers Decree dated 14 July 1985 and numbered as 85/9722 and thus became effective upon being published in Official Gazette No. 18,898 dated 19 January 1986.

3.Since some of the articles of the Convention were contradictory to some articles in our national laws, the Convention was ratified only by declaring reservations on such controversial clauses.

4.In this context Turkey has ratified the Convention by putting a reservation on article 9, paragraph 1, of the Convention, which provides equal rights to men and women in the earning, changing or preservation of citizenship but is deemed incompatible with articles 15 and 17 of the Turkish Citizenship Law, which aims to prevent statelessness.This reservation declares that the Republic of Turkey does not accept an interpretation like a controversy between article 9, paragraph 1, of the Convention and article 5, paragraph 1, plus articles 15 and 17 of the Turkish Citizenship Law aiming to prevent the condition of statelessness. On the other hand, other reservations were put on article 29, paragraph 1, which was on the acceptance of mandatory jurisdiction of the International Court of Justice, article 15, paragraphs 2 and 4, which contradict the clauses of the Turkish Civil Code on marriage and family relations, and also article 16, paragraphs (c), (d), (f) and (g) of the Convention.

5.Turkey is located between the continents of Europe and Asia with a surface area of 774,815 square kilometres and a population of 56,473,005.The population density per square kilometre is 72. The demographic structure of Turkey shows a rapid trend of urbanization and 49 per cent of the population lives in the cities.

6.In Turkey, the efforts to improve the status of women were initiated back in the nineteenth century.The education provided at those times in schools for girls resulted in women being employed as teachers and writers.Such rights, however, were not functional enough because they were not supported by political or social rights.

7.A radical change in the social position of Turkish women was realized by Atathrk, the founder of the Republic of Turkey.

8.A series of legal arrangements, including education, the right to elect and be elected and equality between the sexes was introduced to the social structure of Turkey by Atathrk.The role of women in social and economic life increased but the unequal conditions and negative applications with which they were confronted did not diminish at the same rate.

9.Women in Turkey, as in other countries of the world are confronting various difficulties in obtaining employment and getting promotions in their careers plus the fact that they are the first to lose jobs in the case of dismissals of work.

10.In spite of all these problems, women in Turkey started to participate increasingly in all spheres of social life and to become more aware of their rights in parallel with the rapid structural changes, especially in the 1960s when the planned development stage was initiated.The Directorate General on the Status and Problems of Women was established under the Ministry of Labour and Social Security by Law No. 3,670 of 28 October 1990, both in order to comply with international decisions and in the framework of the aims and policies of the sixth five-year development plan.The objective of the Directorate General was to accelerate and develop activities towards establishing radical solutions to the problems of women.On 24 June 1991, this organization was affiliated to the Prime Ministry.For the first time in Turkey, in November 1991, a Minister of State with responsibility for women was declared during the forty-ninth Government of The Republic of Turkey.

11.The Directorate General was established as a national machinery and it began its activities with the aim of providing equality between the sexes in the Civil Code.If amendments foreseen in this law are enacted, the reservations to the Convention on the Elimination of All Forms of Discrimination against Women shall be eliminated.

12.The following were the issues that were criticized during the examination of the first report but have now been solved with the leadership and cooperation of the Directorate General and the voluntary women's organizations:

(a)The provision in article 438 of the Turkish Penal Code, stating that where acts of abduction and rape were committed against women making a profession of prostitution, the sentences indicated in the relevant provisions of the law might be reduced by one third, was amended. This clause was found to be controversial with contemporary thought, the spirit of fundamental rights and freedoms, articles 10 and 12 of the Constitution and the clauses of the Convention on the Elimination of All Forms of Discrimination against Women and thus was cancelled by article 28 of Law No. 3,679 of 21 November 1990;

(b)Article 159 of the Turkish Civil Code, which required a woman to have the permission of her husband in order to work, was cancelled by the Constitutional Court in 1990.The decision of annulment was effective when it was published in Official Gazette No. 21,272 of 2 July 1992, along with the justifications for the decision;

(c)Although there were no clauses in Turkish laws against women being assigned to duties in the local administrations, traditions and practices did bring such a restriction, but this was abolished.In 1991, for the first time, a woman was assigned as Governor, which is the highest position within the local administration.By 1992, three women who had passed the qualification examinations to become district governors were appointed as district governor candidates.

13.The activities related to women's issues in the programme of the forty-ninth Government of the Republic of Turkey are summarized as follows:

(a)The activities of local administrations and governmental and non-governmental organizations on the development of women should be evaluated in cooperation and coordination with those bodies with the aim of establishing policies related to the problems and situation of women;

(b)Policy formulation and amendments should be carried out as necessary in line with the United Nations Convention on the Elimination of All Forms of Discrimination against Women, and in conformity with other relevant resolutions of the United Nations and decisions of the Council of Europe, the International Labour Organization (ILO) and the Organisation for Economic Cooperation and Development (OECD).Reservations by Turkey to these agreements should be lifted through making necessary amendments in the related legislation.

14.Turkey was selected as a focal point at the Board of Directors meeting of the International Research and Training Institute for the Advancement of Women (INSTRAW) held from 17 to 20 February 1992.In this connection, the Directorate General organized a seminar from 21 to 23 October 1992.The theme of the seminar was "Women and statistics" and it aimed to review the existing statistical data towards action programmes to improve the status of women, to strengthen the dialogue between the producers and users of such statistics, to develop current statistics on women and also to determine the sources, requirements and deficiencies in the subject.The public and private agencies, non-governmental organizations and academic representatives, as both producers and users of such statistics, shared a common belief that a method for the collection and production of data on women was a necessity.The seminar was very fruitful for the users by providing a review of data sources and methods, while it was beneficial for the producers by initiating efforts towards producing data upon the suggestions of the users.

15.Various departments on women have been established in universities and local administrations with the aim of improving the status of women and solving problems related with women:

(a)The Women's Studies Centre is an interdisciplinary unit established in 1990 within the Istanbul University with the objectives of:

(i)Organizing, supporting and coordinating research on the problems of women in fields like education, health, law, politics and business life;

(ii)Eliminating gender discrimination within the institutions of the society;

(iii)Introducing academic degree courses on women's studies.

The Centre concentrates in particular on seminars, forums and conferences in carrying out its activities.Additionally, the Women's Research Association, established as a non-governmental organization (NGO), operates as a supportive organization to the Centre;

(b)The Women's Employment Research Centre, was established in 1990 as a unit within Marmara University.The main objectives of the Centre are:tackling the unemployment problems of the female labour force in Turkey, analysing and studying the problems confronted by working women, creating awareness in the public on these problems, promoting the subject with the help of various publications, seminars and conferences, presenting suggestions, carrying out training programmes and developing pilot applications.In this direction, the following targets were established:

(i)Providing for the development of women through employment facilities and the integration of women in the national growth process;

(ii)Analysing the problems of working women on a national and international basis and presenting comparative studies;

(iii)Organizing seminars and conferences on, for example, implementing programmes to channel housewives (that is, the potential female workforce) towards economic life (women's training programmes for female entrepreneurs, programmes to train educated housewives to become teachers in reading/writing courses, etc.); introducing programmes to encourage and prepare housewives and working women to participate in politics; and realizing programmes to encourage and train working women to take management positions in trade unions;

(c)The Women's Studies Centre was established as an affiliated body to the University of Ankara under the regulation published in Official Gazette No. 21,490 of 8 February 1993.The objectives of the Centre were defined as conducting research in every field related to the problems of women on a national and international basis and also organizing related training programmes.The activities of the Centre are as follows:

(i)Conducting and organizing research, analyses and projects in all fields related to the problems of women both on a national and international basis, as well as participating and supporting such activities;

(ii)Organizing courses, seminars, conferences, meetings, symposiums and similar activities at both the national and the international level, to enhance the situation of women in Turkey in line with the rights gained through the reforms and principles of Atathrk;

(iii)Encouraging and supporting the organization at the undergraduate, graduate and doctorate levels of academic courses and seminars related to the problems of women, plus promoting the channelling of students to these subjects;

(iv)Introducing publications towards these targets;

(v)Establishing a library and archives on the problems of women;

(vi)Participating, advising and providing data on the activities of all institutions and organizations pertaining to the problems of women;

(vii)Assisting in the formation of public opinion and raising awareness on the problems of women;

(d)For the first time in Turkey, a Women's Library and Information Centre Foundation was established in April 1990.The main objective of the Library is to collect in one place all publications and documents on the problems of women, such as: research material, books, statistical data, laws, newspaper clippings, letters, diaries, memoirs, conference papers, posters, photographs, films, videos, regulations and pamphlets of women's associations, etc.Further objectives are to collect the works of female Turkish authors since the Ottoman period, transcribe such Arabic works into modern Turkish, collect and preserve contemporary documents for the benefit of future generations.In addition, the Centre aims to organize conferences, seminars, concerts, exhibitions and special subject days by female authors and artists;

(e)The "Lead Woman" project of the metropolitan municipality of Ankara, in cooperation with the United States-based organization, the Centre for Development of Population Activities (CEDPA), was initiated in the Mamak-Bo—aziHi district in 1991.This project on family planning is to be expanded to cover the whole of Ankara.The "Lead Woman" project is considered by the municipality as a part of health services and was introduced by 20 women selected from among those living in the district with the support of the Home and Family Clinic established in the area.The "Lead Women", following their orientation, through the families in their district, started a social service programme supported by the clinic on creating awareness for population planning and applied services.Project activities are still under way on mother and child care, family planning, nutrition and the need for economic independence matters.

16.The women's centre expected to be established as a part of the women's project of the municipality will be a place where women from different backgrounds can meet and build solidarity among themselves by realizing they have common problems in spite of cultural differences.The project under consideration aims to ascertain the active participation of women in economic, social, political and cultural life. Towards this objective, the women's centre shall be composed of the following sections:the Women's Cultural Home; the Women's Solidarity Service; the Centre for the Assessment of Female Labour; the Women's Library and Documentation Centre; the Press-Publication and Promotion Unit; and Women's District Homes:

(a)Social, cultural and political life has a male-oriented structure.The Women's Cultural Home will provide an environment for women to come together and establish an interaction and solidarity with each other.The women will be able to express themselves in regard to their capabilities and communicate with each other.The Home is considered as a multifunctional location. The activities will be performed mostly by female volunteers;

(b)The aim of the Women's Solidarity Service is to provide psychological and legal consultancy to women in their problems encountered as a result of their sex.The Service will provide psychological support for women subjected to violence, sexual harassment and disgrace, plus legal consultancy services in cases of discriminatory approaches upon employment and dismissals, indemnity requests that arise thereof, the rights of organizations, in addition to problems related to divorce, separation, alimony and custody;

(c)The Centre for the Assessment of Female Labour aims to support and strengthen women in the field of economics.In this respect it aims to perform activities related to the evaluation of goods produced at home and either not marketed or marketed domestically and to provide the training of women in skills that would bring extra income;

(d)The Women's Library and Documentation Centre aims to obtain national and international research, theses, etc. on women, analyse literature on women, collect the necessary documents and data in order to enlighten history and the lives of women who have been left out of historical research and literature or have formed a marginal community, and prepare newspaper archives as well;

(e)The Press, Publication and Promotion Unit will play an important role in the introduction of the women's project to a larger community. Two instruments of the Unit will be the press and radio programmes;

(f)The Women's District Homes project is a social communication and organization model to be constructed within the predominant environment of the women with the aim of creating a relationship among them and the outer world, in a "building" to be a miniature example of social life.The project is based on a new State-society relationship and public service approach. The aim of the project is to transform women, suppressed by unequal authoritarian relationships, into participating and cooperating individuals while at the same time diminishing the costs for the public and expanding activities for the provision of services to more women.

17.In addition to these projects, the Istanbul Metropolitan Municipality in 1990, gmraniye in 1992 and Bakirk`y, ÔiÕli and KhHhkk`y municipalities in 1992 started establishing women's centres, Women's District Homes, Women's Solidarity Services and the Centre for the Assessment of Female Labour.

18.Preparations related to the establishment of a women's unit under the Ministry of Labour and Social Security are in the final stage.The unit will prepare action programmes related to the problems women are confronted with in their working lives. A women's unit was also established as a part of the Turkish Tradesmen and Craftsmen Confederation in 1992.

19.Preparatory studies for a five-year project entitled "National Programme for the Enhancement of Women's Integration in Development" have been initiated in cooperation with the United Nations Development Programme (UNDP) and the Turkish Government.The main objectives of the project can be summarized as follows:

(a)Gathering reliable statistics on the situation of women;

(b)Establishing a women's data bank;

(c)Organizing seminars and training programmes towards the development of formal and informal education to ensure that women participate equally with men in the development process of the country and receive equal shares thereof;

(d)Preparing nationwide subprojects related to the development of the status of women and providing supportive research studies accordingly.

20.An Advisory Council consisting of the representatives of ministries, non-governmental organizations and voluntary organizations has been established for the execution of the project.The Advisory Council has already met once, and discussed the implementation methods of the project.

21.The various small-scale projects are within the scope of the UNDP project and will be implemented in cooperation with the voluntary women's organizations. The context of these projects will be determined according to the recommendations of the voluntary organizations.

22.The Directorate General will run a women's employment promotion component of the employment and training project, to be realized in five sections, with World Bank funds.The main objectives of the project are to prepare action plans to improve employment for women and ascertain jobs for them in those sectors that are not traditional, and to carry out surveys leading to certain policy changes related to the problems of women.Research to be monitored by a Research Advisory Committee composed of representatives of the universities, pertinent government institutions and agencies, as well as non-governmental organizations, shall be determined accordingly.Under the women's employment promotion component non-governmental organizations will also be represented in the Committee, which will perform advisory services such as selection of research areas, evaluation of results, preparation of summaries and transfer of results to related institutions.

PART I

Article 1

23.According to the Convention on the Elimination of All Forms of Discrimination against Women, the term "discrimination against women" is used to denote all forms of discrimination, deprivation and restriction that prevents or eliminates or aims to prevent or eliminate the recognition, utilization and benefiting of women from all political, economic, social, cultural, civil and other fundamental rights and freedoms of human beings as based on the equality of the sexes and regardless of their civil status.

Articles 2-4

24.Equality of the sexes is guaranteed by the Turkish Constitution and other laws.Following are the provisions of the Constitution that ensure equality for both genders.

Article 10

25.Everyone is equal before the law, irrespective of language, race, colour, sex, political belief, philosophical thought, religion, sect or other differences.

Article 41

26.The family is the foundation stone of Turkish society.

27.The State adopts the necessary measures and establishes the required organizations to ensure the comfort and welfare of the family and especially the protection of mothers and children, plus the training and implementation of family planning.

Article 49

28.Working is the right and duty of everyone.

29.The State introduces the measures required to improve the living standards of the labour force, protect employees with a view to developing working conditions, support the labour force and reduce unemployment, towards a favourable economic environment for all.The State ensures protective and simplifying measures to create industrial peace in the relations between the employer and employees.

Article 50

30.No one should be employed in jobs unsuitable with his/her age, sex and physical capacity.Children and women as well as those with physical and mental handicaps are protected through special measures in the light of their working conditions.

31.Vacation is the legal right of all working persons.Paid weekends and national holidays as well as paid annual leaves are governed by law.

Employment for work

Article 70

32.All Turkish citizens have the right to be employed by public organizations. No discrimination, other than the qualifications required for the work, can be made in employment.

33.The Turkish Labour Code provides special measures governing employment procedures with a view to determining work safety, occupational health and working conditions as well as maternal conditions of working women (further details are given in part II).

34.The Directorate General on the Status and Problems of Women was established as a body affiliated with the Ministry of Labour and Social Security under Law No. 3,670 of 28 October 1990, with the aim of providing Turkish women the status they deserve in social, economic, cultural and political areas in an environment of equality.

35.The Directorate General was the first and only official body in this field. On 24 June 1991, it was attached to the Prime Ministry.Under the new Government, formed in October 1991, a State Ministry for Women's Affairs and Social Services was established for the first time, and the Directorate General now operates as a unit affiliated to the Prime Ministry, but under the mandate of the State Ministry.

36.The purpose of the Directorate General is as follows:

(a)Improving the educational level of Turkish women;

(b)Enhancing the participation of women in economic life as a whole through the agricultural, industrial and services sectors;

(c)Establishing thereby the earned status of women under the condition of equality in the social, economic, cultural and political areas via a general improvement of their status.

37.The duties of the Directorate General can be summarized as follows:

(a)Prepare principles, policies and programmes in line with Atathrk's guidelines and reforms and ensure that the activities required for the protection and improvement of the status of women are undertaken;

(b)Facilitate the integration of Turkish women into the development process and the overall community through their increased participation in social, economic and political decision-making;

(c)Gather all studies from national and international sources with regard to the status and problems of women;

(d)Gather and compile gender-specific data to create a basis and facts for preparing plans, programmes and policies in order to enhance the situation of women;

(e)Establish appropriate coordination and cooperation between the relevant and responsible organizations on the subject of the problems and status of women; request relevant information and data therefrom; support voluntary organizations dealing with such problems; and supervise all activities of the local municipalities;

(f)Follow up on all training activities carried out by the local governments and others to ensure greater efficiency in efforts concerning women, support and channel the activities designed to create public awareness in favour of the enhancement of the status and problems of women;

(g)Ensure the participation of Turkey in international activities regarding women and thus assure coordination of national efforts on this subject;

(h)Ascertain documentation, publication and promotion activities concerning women.

38.The subordinate units of the Directorate General are:the Department of Economic and Social Problems, the Department of Legal and Cultural Status, the Department of Foreign Affairs and the Department of Personnel and Financial Affairs.Although the organizations dealing with the status and problems of women were established a long time ago, the formation of a separate structure on the subject within the Government is rather new.As a result of this and other similar reasons, and also owing to frequent changes in the Government (e.g., the change of three ministers, one from a different political party and two General Directors, between 1990 and 1993), the Directorate General has not yet achieved all of its aims.There are signs of positive developments (like the activities related with the formation of a Ministry of Women), but the Directorate General is still continuing its activities with a restricted budget and a limited number of staff.

39.Efforts are under way in order to update and contemporize the Turkish Civil Code, which was accepted on 17 February and became effective as of 4 April 1926, plus change some clauses that are not in accordance with the principle of equality of the sexes (this subject is further explained in part IV).

Article 5

40.The current laws in Turkey recognize motherhood as a social duty and thus allocate joint responsibility to men and women in raising children.As an extension of the traditional structure of the community, however, women working full time outside are also entrusted with the responsibility of housework.Family education programmes need to be introduced through the mass media, voluntary organizations, local administrations and governmental bodies so that the current traditional attitudes and customs can be changed.

41.The Family Research Institution was founded by Decree Law No. 396 of 6 December 1989.The aim of the Institution is to ensure the formation of a national family policy and to carry out research and take the necessary measures for the conservation and reinforcement of the unity of the Turkish family, and for the improvement of social welfare.

42.The duties of the Institution are as follows:

(a)Conducting or having conducted research on the conservation and reinforcement of the unity of the Turkish family and the improvement of social welfare, developing and ensuring the application of projects related to such issues;

(b)Carrying out surveys on the current family structure, problems resulting from relationships among members of the family and their relatives and the effects of economic, social and cultural factors on the family, plus preparing or providing training programmes on subjects related to these issues;

(c)Analysing the reasons leading to family disputes, juvenile delinquency and addictions, plus preparing educational programmes in order to avoid these problems;

(d)Performing activities towards a rational utilization of the financial resources of the family and thus preparing educational programmes on this subject in coordination with the Ministry of Education;

(e)Following cultural changes in the family and the effects of internal and external migration on the family structure;

(f)Cooperating with non-governmental organizations, foundations and federations involved with social activities, and providing support to their activities related to the family;

(g)Studying the effects and the results of family and population planning activities and assisting the development of a national policy;

(h)Organizing joint activities with private and public institutions and agencies towards identifying training needs and the aspirations of the public on the subject of the family;

(i)Analysing the problems of Turkish workers in foreign countries.

43.The Family Information Centres attached to the Directorate General were initiated with Circular No. ACHD (ADMS)-90-500 of 1 March 1990.

44.The purpose of the services provided by Family Information Centres is to help those who are in need of professional help and to ensure that they are guided to institutions providing therapy and rehabilitation whenever necessary.

45.Families with problems that cannot be solved within the Family Information Centres are channelled to the related institutions and agencies by the centres.

46.Applications to women's guest houses are accepted at the Family Information Centres and the social investigations of the applicants are carried out here also.

47.There are Family Information Centres in the provinces of Ankara, ¤zmir, Trabzon, Tokat, Kayseri, Mersin, Sivas, Bursa and Bilecik.In addition to all these, activities are under way for the transformation of the Centres to public centres.

48.The model of a systematic and scheduled parental school was realized for the first time, in 1989, by the University of ¤stanbul, Faculty of Literature, Department of Educational Sciences.

49.The school was established in order to assist parents in developing positive conduct and behaviour with respect to their children, to explain to parents how to establish healthy communications with their children, to enlighten them on many different subjects related to children and teenagers, such as changes undergone during the growth process and sexual education.During 1989-1990 a total of 1,000 parents completed 33-hour courses lasting one month and they received their certificates.

50.The municipality of Alt9nda— is also carrying out activities that are family-oriented.One of the most important is the establishment of Alt9nda— Women's Information Centre on 5 October 1991. In order to provide women subjected to marital violence with psychological and legal assistance, the Centre is organizing panel discussions, discussion/conversation meetings and seminars. A women's guest house was opened on 2 May 1993.

51.The municipality of Alt9nda— is organizing various activities directed towards women in cooperation with the Family Information Centre.Some of these are carpet weaving courses organized in coordination with Shmerbank, literacy courses and environmental training for families.At the same time, the municipality has already established three large cultural homes, and a home for the elderly together with a youth house on 10 April 1993. The health homes established by the municipality provide services related to mother and child care and birth control.

Article 6

52.A new arrangement has been made in Turkey, in accordance with article 6 of the Convention, to abate all forms of prostitution of women.

53.The provision in article 438 of the Turkish Penal Code; stating that where acts of abduction and rape were committed against women making a profession of prostitution, the sentences indicated in the relevant provisions of the law might be reduced by one third, was found to be in contradiction with articles 10 and 12 of the Turkish Constitution, contemporary thought, the spirit of fundamental rights and freedoms and also the Convention on the Elimination of All Forms of Discrimination against Women and was thus cancelled by article 28 of Law No. 3,679 of 21 November 1990.

54.In Turkey it is rather difficult to find clear data on prostitution.The following are some of the surveys carried out on this subject.

55.A survey was carried out from 1 to 30 November 1988 at Ankara Bentderesi Brothel in order to help prostitutes to improve their socio-economic situation and to find out their plans for the future.

56.This survey involved 91 prostitutes and showed that the largest group of them had been raised in the cities.Looking at the age distribution of the prostitutes, it was seen that the age group of 23-35 constituted the largest part of the total, with a percentage of 76. The survey results showed that 39 per cent were illiterate and 44 per cent were primary school graduates, which meant that their level of education was low.Looking at the profession of the fathers of the prostitutes, most of them were clustered in low income-low status vocations.It was established that these women had their first sexual intercourse between the ages of 13 and 19.They said that their first intercourse was with their husband. Almost all of the prostitutes had gone through one marriage.Most of them had married prior to the legal marriage age.In fact, most of these marriages were unofficial, that is, in the form of religious ceremonies (imam nikah9).

57.About 65 per cent of the prostitutes had children and 68 per cent of those children were under 12 years of age.Some 81 per cent of the children were not aware of their mother's profession. Most of the prostitutes had worked at different places before entering the house.The main reasons for leaving previous jobs were sexual harassment or low wages.

58.According to the survey results, these prostitutes had entered the houses with their own desires and awareness.Reasons for their preference to work in a brothel were high income and security.

59.In a survey studying concerns about the acquired immune deficiency syndrome (AIDS) and its effects on the lifestyles of homosexuals and prostitutes, it was evident that 68 per cent of homosexuals and 71 per cent of prostitutes had learned about AIDS from television and the press and that both groups were very frightened of it.The general behaviour in both groups exhibited itself as fear, denial, concern and repulsion about AIDS.

60.The ratio of those finding AIDS as normal was only 8 per cent.Around 85 to 90 per cent of both groups was knowledgeable about the ways of becoming infected by AIDS, but did not act carefully when it came to protection.It was evident that 80 per cent of the customers refused to use condoms. Condoms were used by only 38 per cent of the prostitutes and 10 per cent of the homosexuals.It was determined that 61 per cent of the homosexuals did not have relations with strangers and 76 per cent with people they knew were drug addicts.

61.The results of another survey carried out between 7 July and 3 October 1990 on 250 prostitutes working in a brothel at Ankara are presented as follows:

(a)The average age was 33, and the largest cluster was between 26 and 30 years of age;

(b)Of the total, 41.6 per cent had had no education;

(c)Some 64 per cent were from rural areas;

(d)Families with restricted economic means accounted for 58 per cent;

(e)Their relations with their parents, brothers and sisters were generally broken off.The main reason for the break in relations with members of the family was the profession of the women.Most of their parents (mothers 44 per cent, fathers 62.6 per cent) had oppressed their children and spouse;

(f)When they deserted, 20.8 per cent already had a broken family;

(g)The average age for first sexual intercourse was 15.6 years.The person with whom they had experienced their first sexual intercourse was generally their officially or religiously wed husband;

(h)A total of 72.4 per cent had had a marriage experience. More than half of such marriages had taken place without the consent of the women;

(i)Some 66 per cent had children;

(j)Some 32.4 per cent said their husbands or boyfriends had forced them to earn their living by sexual intercourse;

(k)Those using contraceptives numbered 80.8 per cent;

(l)Some 80.4 per cent were thinking of leaving the profession.

62.Prostitution and the trade in women are problems mostly encountered in large cities.

63.The only official organization for the protection of children and teenagers who are especially vulnerable to exploitation (like prostitution, alcohol, drugs, begging, etc.) is the Directorate General for Child Protection and Social Services.

64.Seminars, conferences and other activities for women whose profession is prostitution have only recently been initiated and the subject has been discussed extensively by the press.

65.The expansion of the women's information centres throughout the country will be among the activities of the State Ministry for Women's Affairs and Social Services, for which the efforts are under way.

66.Preliminary studies on the nationwide spread of women's information centres, as expressed in the government programme, are being carried out very speedily by the Directorate General on the Status and Problems of Women.

67.During September and October 1992 meetings were held in various cities with representatives of official and voluntary organizations carrying out activities on women's information centres and women's guest houses.The organization, problems and expectations related to the houses and the centres was the main theme of the meetings.

68.On the other hand, considering the need for research based on a country-wide sampling, the Directorate General on the Status and Problems of Women has prepared a project on matrimonial violence towards women. The project will begin in the near future.

69.In addition to this, a series of meetings on the subject of violence against women was to be continued in 1993 by the Directorate General in line with the United Nations recommendations related to violence against women.

70.One of the most important problems commonly reported by the voluntary organizations and local administrations that are performing studies on women subjected to violence is the economic insufficiency of the institutions.In this sense a great need is felt for a financial support from the official organizations.

71.The latest data on violence against women have recently been gathered through a survey on Turkish women in the 1990s carried out by a research centre as assigned by the State Ministry for Women's Affairs and Social Services. The survey, which was conducted on 1,973 persons over the age of 20 and living in the provinces of Bursa, ¤stanbul, K9r9kkale, ¤zmir, ¤Hel, Ankara, EskiÕehir, Konya, Zonguldak, Diyarbak9r and Gaziantep and possessing characteristics representing the population of Turkey, showed the following results:

(a)Sometimes sixty-one per cent of married women but frequently 11 per cent had disputes with their husbands;

(b)Of these women, 18 per cent were either beaten or tried to be beaten by their husbands;

(c)Of the women beaten or whose husbands had tried to beat them, 20 per cent were non-working housewives and another 20 per cent came from lower socio-economic groups;

(d)While more than half (51 per cent) of the women who were beaten or whose husbands had tried to beat them did not protest about it, more than one fourth (29 per cent) did not submit to the violence.

72.By August 1992, the organizations concerned with women subjected to violence could be divided into three categories, public, local and voluntary, as follows:

(a)State Ministry, Directorate General for Child Protection and Social Services:

(i)Ankara Women's Guest House Established October 1990 Application:97 Resident women:73

(ii)¤zmir Women's Guest House Established October 1990 Resident women:195

(iii)Bursa Women's Guest House Established January 1992 Resident women:8

(iv)Antalya Women's Guest House Established October 1992 Application:36 Resident women:32;

(b)Local administrations:

(i)¤stanbul ÔiÕli Municipality Women's Shelters Established September 1990 Application:600 Resident women:190 Resident children:175

(ii)¤zmir Bornova Municipality Women's Information Centre Established November 1990 Resident women:195

(iii)Nazilli Municipality Women's Information Centre Established April 1990 Resident women:data not available

(iv)Kayseri Municipality Women's Information Centre Established March 1992 Resident women:15

(v)In addition to these, activities are under way to establish a women's information centre affiliated to the municipalities of some other provinces;

(c)Voluntary women's organizations:

(i)¤stanbul Mor Gat9 Women's Shelter-Women's Solidarity Centre Established November 1990 Application:262

(ii)Ankara Alt9nda— Women's Information Centre and Women's Shelter Established October 1991 Application:210 Women's shelter established 2 May 1993.

73.The organizations listed about carry out various activities related to women subjected to violence, including:psychological and legislative consultancy, occupational guidance and self-confidence training.

74.These activities are carried out with the cooperation of volunteers and professionals, either on an individual or group basis for women.

75.Jobs offered to women are mainly that of baby-sitter, housemaid, secretary and sales clerk.

76.The socio-demographic characteristics of women subjected to violence show that they are:

(a)Young or middle aged;

(b)From a less-educated group (mostly primary-school graduates or literate without a diploma);

(c)Non-working housewives or working in marginal jobs;

(d)Mostly married;

(e)Subjected to violence by fathers-in-law, fathers and brothers, as well as husbands.

77.Besides the Directorate General for Child Protection and Social Services, various professionals from both local administrations and voluntary women's organizations, such as specialists in law and psychiatry, support the activities and on specific days of the week they go to those organizations to work together with the women.

PART II

Article 7

78.Atathrk, the founder of the Turkish Republic, strongly believed in the principle of full equality between men and women.Turkish women acquired equal political rights with men under his leadership.

79.Article 23 of the Municipality Act of 3 April 1990 gives the right to vote to 18-year-old women and article 24 of the same act gives the right to be elected to municipal assemblies.Women were provided with the right to be elected as village elder women and to local councils by amending the Village Act in 1993.

80.Since 5 December 1934, Turkish women have had the right to elect and be elected in the general elections.

81.Considering that there were only 28 countries where women had the right to elect and be elected and that women were actually elected as members of parliament in only 17 countries prior to 1935, it is clear that Turkey is ahead of a considerable number of countries.

82.Although Turkey has been a leader in incorporating the principle of equality between the sexes into the Constitution and other laws, the same rights have not been reflected in the same manner within social life and especially the right to be elected has not become fully functional.

83.The year in which female deputies were at their peak in parliament was 1935 and that is the year of first elections in the Republic of Turkey.In 1935 a total of 18 female deputies entered the Parliament accounting for 4.6 per cent.

84.In fact, the above-mentioned percentage was the highest for female deputies in the Republic of Turkey.After 1946, however, there was a rather sharp decline in the percentage.This decline is an outcome of the fading away of the "symbolization of democracy" role played by women as a result of the initiation of the multi-party system.Similarly, the chance of "semi-automatic election" as enjoyed by women during the single-party regime was lost in the multi-party system when competition between parties also affected this rate.

85.In Turkey, women are not represented adequately in Parliament because they do not consider politics as one of their basic functions or fields of interest.

86.Additionally, the political arena in Turkey is as tough as it is in many other countries.Consequently, there is an inevitable factor called the "time conflict" often encountered by women in their participation in political activities on one hand and their domestic responsibilities on the other hand, plus the inevitable time allocated to vocations.All of these factors prevent women from entering the strong and time-consuming field of politics.

87.In other words, the traditional role and place of women in society is not compatible with a position in politics, thus not permitting them to attain such positions to the extent that they well deserve.

88.Women in Turkey are not adequately aware of their political rights and they do not claim such rights which they are entitled to by law in sufficient numbers.

89.Another important factor that limits women in Turkey from claiming their political rights is the inadequacy of their education.

90.The percentages of female members elected to the Turkish Parliament from 1935 to 1991 are presented in the following table.

Table 1

Years

Total number of members of parliament

Number of female members of parliament

Percentage

1935-1939

395

18

4.6

1939-1943

400

15

3.8

1043-1946

435

16

3.7

1946-1950

455

9

1.9

1950-1954

487

3

0.6

1954-1957

535

4

0.7

1957-1960

610

7

1.1

1961-1965

450

3

0.7

1965-1969

450

8

1.8

1969-1973

450

5

1.1

1973-1977

450

6

1.3

1977-1980

450

4

0.9

1983-1987

399

12

3.0

1987-1991

449

6

1.3

1991-

450

8

1.8

 

91.As shown in table 1, in the general elections of 1987, six female members were elected to the Turkish Parliament.In the same year, the percentage of female members in the total number was 1.3 per cent.During this period, one female member of parliament served as the Minister of Labour and Social Security.

92.An extensive campaign was launched prior to the general elections of 1991, so as to ensure a larger representation of women in the Turkish Parliament.

93.As in some other countries, the use of a quota system for women in the political field has been considered in an effort to promote higher representation of women in the political and parliamentarian life.In fact, two political parties initiated a quota for women candidates in the general elections.

94.Despite these efforts, the number of female candidates remained at a meagre 5.6 per cent in the roster of total candidates.The rate of female candidates for each political party was as follows:Mother Land Party - 3.0 per cent; Democratic Left Party - 3.2 per cent; True Path Party - 4.7 per cent; Social Democratic People's Party - 3.4 per cent; Socialist Party - 4.8 per cent; and Independents - 4.4 per cent.There were no female candidates in the Welfare Party.

95.A total of eight women entered the Turkish Parliament as a result of the general elections in 1991.The percentage of female members was only 1.8 per cent.

96.According to the results of general elections on 20 October 1991, for the first time in Turkey, two female members of parliament were assigned as ministers in the Government, one of whom was responsible for the economy and the other for women, the family and children.Professor Tansu Giller who was the Minister of State responsible for the economy was later elected to be the Chairman of the leading party in the Parliament and thus was appointed as Prime Minister according to the customary practice.Consequently, the Giller cabinet acquired a vote of confidence from Parliament and thus for the first time in Turkey a woman became Prime Minister.

97.In fact the election of a female Prime Minister has been an encouraging factor for the participation of women in politics, when presently the traditional and cultural prejudices related to the role and functions of women in society continues to be a significant factor and in general women are still not ready for political struggles.

98.Women have proved themselves in every field of society and they are represented in the higher judicial organs as well.Presently there is 1 female judge in the Constitutional Court, 10 in the Supreme Court of Appeals, where 1 department chief is also a woman, 16 in the Supreme Council of State and 2 in the Supreme Court of Auditors (see table 2).

99.Though their number is limited, female senior officials are also seen in various ministries and other public agencies.The numbers of senior officials in one ministry are presented in the following tables to give an idea on the distribution of the sexes (see tables 3-6).

Table 2
.Members of senior judicial organs (by sex)

 

Female

Percentage of female members

Male

Percentage of male members

Total

Constitutional Court

1

6.7

14

93.3

15

Supreme Court of Appeals

10

4.3

222

95.7

232

Supreme Council of State

16

27.6

42

72.4

58

Supreme Court of Auditors

2

4.4

44

95.6

46

Source:Personnel records of the related institutions, 1993.

Table 3.Senior employees in the Ministry of Foreign Affairs

(by sex
)

 

Female

Percentage

Male

Percentage

Total

Under-secretary and deputy under-secretary (ambassador)

-

-

7

100.0

7

General directors (ambassador and legation counsellor)

-

-

14

100.0

14

Deputy general director (legation-counsellor)

1

3.1

31

96.9

32

Department head (legation counsellor)

-

-

6

100.0

6

Department head

8

14.0

49

86.0

57

Ambassadors and permanent representatives

3

3.1

95

96.9

98

Consul general

2

3.6

54

96.4

56

Other

103

21.1

386

78.9

489

Total

117

15.4

642

84.6

759

Source:Personnel records acquired from the Ministry of Foreign Affairs, April 1993.

Table 4.Title and number of female personnel employed in the domestic and foreign organizations sections of the Ministry of Foreign Affairs

organizations

Domestic organizations

 

 

Title

Number

Title

Number

Ambassador

3

Ambassador

-

Minister plenipotentiary

-

Minister (deputy director general)

1

Consul

3

Head of department

8

Deputy consul general

6

Chief of section

5

First secretary of the embassy

3

First secretary

6

Vice consul

14

Second secretary

4

Counsellor of the embassy

8

 

 

Consul general

3

 

 

Second secretary

10

 

 

Third secretary

12

 

 

Attaché

9

Probationary officer

22

Total

71

Total

46

Source
:Personnel records acquired from the Ministry of Foreign Affairs, April 1993.

Table 5.Administrative staff in the Ministry of Tourism (by sex)

Title

Female

Percentage

Male

Percentage

Total

General director

3

75.0

1

25.0

4

Deputy general director

4

33.3

8

66.7

12

Department head

9

26.5

25

73.5

34

Division chief

39

37.9

64

62.1

103

Inspector

2

22.2

7

77.8

9

Deputy inspector

1

20.0

4

80.0

5

Provincial director of tourism

5

8.3

55

91.7

60

Deputy provincial director of tourism

7

9.2

69

90.8

76

Provincial director of information

12

21.8

43

78.2

55

Provincial directorate tourism division chief

15

24.2

47

75.8

62

Source:Personnel records acquired from the Ministry of Tourism, 1992.

100. The total number of lawyers in Turkey as of December 1992 was 29,048, 7,307 of whom were females.Therefore female lawyers constituted 25.2 per cent of the total number of lawyers in Turkey.

Table 6.Judicial staff (lawyers, notary publics, judges, prosecutors, etc.) by sex

Title

Male

Percentage

Female

Percentage

Total

Lawyers

21 741

74.9

7 307

25.1

29 048

Notary public

716

83.6

140

16.4

856

Judges

3 367

80.5

815

19.5

4 182

Prosecutors

1 671

97.1

50

2.9

1 721

101.There were a total of 856 notary publics in Turkey.Women were represented with 140 posts (16.4 per cent) (see table 6).

102.The number of judges in Turkey was 4,182, of whom 815 were females (19.5 per cent).

103.As of 1990, the total number of prosecutors in Turkey was 1,721, of whom 50 were female (3 per cent).

104.The number of students can be summarized as follows:

GirlsPercentageBoysPercentageTotal

276 67734.1534 10465.9810 781

Source:Higher education statistics for the school year 1991/92, ÖSYM.

105. There were a total of 29 universities in Turkey and 35,132 academicians held positions as instructors in these universities.The group consisted of 11,200 female (31.8 per cent) versus 23,932 male academicians (table 7).

Table 7.Title and number of academicians by sex

Title

Female

Percentage

Male

Percentage

Total

Professor

988

20.4

3 853

79.6

4 841

Associate professor

804

24.9

2 422

75.1

3 226

Assistant professor

997

26.5

2 765

73.5

3 762

Instructor

1 473

28.2

3 751

71.8

5 224

Lecturer

1 669

56.4

1 292

43.6

2 961

Specialist

485

42.3

661

57.7

1 146

Research assistant

4 763

34.3

9 116

65.7

13 879

Translator

12

70.6

5

29.4

17

Education planner

9

11.8

67

88.2

76

Total

11 200

31.8

23 932

68.2

35 132

Source
:Higher Education Council, 1992.

106.The percentage of female professors was 8.8 per cent; associate professors, 7.2 per cent; assistant professors, 8.9 per cent; instructors, 13.2 per cent; lecturers, 14.9 per cent; specialists, 4.3 per cent; research assistants, 42.5 per cent; translators, 0.1 per cent; and education planners, 0.1 per cent.

107.Turkey is a rapidly developing country and it is an established fact that the status of women has started to overcome the traditional rigidities.On the other hand women are rapidly climbing the ladder of management in the private sector organizations (table 8).

Table 8

Company

Number of higherechel on women

Koç Holding Corporation

6

Sabanci Holding

5

Alarko Corporation

15

Eczacibai Pharmaceutical Ind.

10

Pamukbank Corporation

37

Santral Holding

10

Yaar Holding

5

Enka Holding

3

Turkish Petroleum Inc.

3

Source
:Kapital Magazine, 1991.

108.Women in Turkey have proved themselves in areas like public relations, textile, banking and secretarial positions and have started to expand into those areas that were traditionally considered to be male-dominated fields, such as construction and marketing.

109.In parallel to this development, large corporations are now giving more opportunity to women in higher-level administrative posts.Table 9 gives the percentages of women employees in the eight largest Turkish corporations.

Table 9

Company

Percentage of working women

Koç Holding

17.7

Koç Holding Incorporated

34.9

Sabanc8 Holding

22.0

Alarko Corporation

10.0

Eczac8ba8 Pharmaceutical Ind

80.0

En-Ka Corporation

24.0

Yaar Holding

24.0

Pamukbank Corporation

43.0

Source
:Kapital Magazine, 1991.

110.In Turkey there are 211 non-governmental women's organizations. The common purpose of all voluntary women's organizations is to provide means for the development of Turkish women in the economic, social, political and cultural fields.All women can become members of these organizations, if they wish to do so.

111.Non-governmental women's organizations can sometimes exert heavy pressure against government policies.

Article 8

112.Women have equal opportunities to represent Turkey abroad.In 1992, the total number of government officials assigned to work abroad was 7,846.Of this total, 6,402 were male officials and 1,444 were female (18.4 per cent).

Article 9

113.Under the Turkish Citizenship Law, which regulates the acquirement and annulment of Turkish citizenship, there is a provision stating that a Turkish woman loses her Turkish citizenship upon marriage to a foreigner, if she wants to obtain the citizenship of her husband.In the case of a divorce, however, she can apply within three years for the return of Turkish citizenship.The reservation made by Turkey to the Convention will be cancelled when the necessary amendments are made in the Citizenship Law.

PART III

Article 10

114.Article 42 of the Turkish Constitution, under the section on education and training rights and obligations, reads as follows:

"No one can be deprived of the right to his or her education.The context of this right shall be determined and specified by laws. Primary school education is obligatory for everyone, be it boys and girls, and is free in public schools.

"The State provides necessary assistance either in the form of scholarships or in other appropriate programmes to give industries but poor students a chance, if their financial means are not sufficient for educational costs.The State likewise provides measures designed to have children benefit from special training facilities if they are handicapped for any reason."

115.According to National Education Law No. 1,739, effective as of June 1973 (as published in the Official Gazette), five years of primary school education is compulsory for boys and girls, but such an obligation does not exist at other education levels.

116.The equal conditions are provided for career and vocational guidance, for entrance and graduation from educational institutions in all fields of both the rural and urban areas.The same equality is ensured in preschool, general, technical, professional and higher education, as well as all types of vocational training.

117.Law No. 3,308 on apprenticeship and vocational training was enacted on 5 June 1986 and was effective upon publication in the Official Gazette of 19 June 1986.The aim of this law was to overcome the difficulties encountered in vocational and technical training, to increase the existing capacity, to improve the quality of training and to integrate this training into the conditions of working life.

118.One of the objectives of the law was to facilitate the integration of the students in the girls' vocational high schools into working life.

119.In Turkey there is no difference in the educational institutions for women and girls in the Turkish national educational system.In fact, the sixth five-year development plan clearly aims to provide equal opportunities at all levels of education, improvement of the quality of education and development of the curriculum in terms of the requirements of social and cultural growth and technological innovations.

120.Strategic decisions were reflected, for the first time, in the sixth five-year development plan with respect to improving the education levels of women. In this context, the 1990 programme of the development plan included, as a special measure that an action plan would be prepared to improve the education level of women and to provide better use of existing education facilities and to that end ensure coordination among related organizations and institutions.

121.Consequently, as of 1990, government policies have included clear commitments to improve education facilities for women and to provide better education levels for them.

122.In the context of this policy and in accordance with the aim of improving the educational level of women, the implementing agencies established and began applying the necessary measures.

123.In Turkey informal education has recently been expanding in parallel with formal education.Literacy courses are provided for those who have not had a chance to attend educational institutions, which have extended their activities to offer some general information courses.

124.As a countermeasure to mitigate the effects of the low educational level of women and young girls, in 1981 a literacy campaign was initiated and during 1981-1987 a total of 2.9 million women became literate.

125.Additionally, the fundamental policy for education presently includes improvement of literacy levels, the introduction of skill-improvement courses and giving priority to rural areas in such efforts.

126.An added impetus has been given to accelerate the general cultural level of rural women by means of the mass media, especially radio and television.

127.There is a series of activities to improve the contribution of women in all professions and not only those traditionally defined as strongholds of women (like midwives, nurses and teachers).

128.Activities have been under way through cooperation between the Directorate General on the Status and Problems of Women and relevant departments of the Ministry of Education, towards removing from the textbooks those sections that prepare students for so-called traditional roles only.

129.Some family training activities have been initiated to discourage young girls from dropping out of school at the early stages.In addition, projects have also been introduced to young female school drop-outs for employment guaranteed vocations.

130.During 1989-1990, 68 per cent of the female population above 6 years of age was literate.Schooling for girls was as follows:

 

Percentage

Primary schools

91.1

Secondary schools

43.6

Vocational and technical schools

5.2

General lycee

18.6

Vocational technical lycee

10.3

University and open university

11.2

 

131.An important point is that the percentage of girls at the lycee level shows significant differences from one region to the other.In metropolitan areas, this percentage is 45 for Ankara, 48 for Istanbul, 43.3 for Izmir, 2.7 for Hakkari and 4.8 for AZri.

Article 11

132.Under article 49 of the Turkish Constitution of 1982, the right to work has been secured for every person whether male or female.This article states that:"The State provides appropriate measures to create an economic environment towards supporting employment and preventing unemployment, towards improving the living standards of the working force, developing the conditions of working life and protecting the working people."

133.Article 70 of the Turkish Constitution provides that everyone, male or female, has equal opportunities for work and no discrimination can be made between men and women.This article states that "Every Turkish citizen has the right to be employed for government services. No discrimination, other than the qualifications required for the work, shall be applied in assignment for work".

134.Turkey has been party to the Universal Declaration of Human Rights and has also ratified the following of the international conventions.

(a)The ILO Convention No. 45 concerning the Employment of Women on Underground Work in Mines of All Kinds was ratified by Law No. 3,229 of 1 June 1937 and was effective when published in Official Gazette No. 3,638 of 23 June 1937;

(b)ILO Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value was ratified by Law No. 810 of 13 December 1966 and became effective when published in Official Gazette No. 12,484 of 22 December 1966;

(c)The ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation as ratified by Law No. 811 of 13 December 1966 and became effective when published in Official Gazette No. 12,484 of 22 December 1966;

(d)ILO Convention No. 122 concerning Employment Policy was ratified by Law No. 2,027 of 9 November 1976 and became effective when published in Official Gazette No. 15,769 of 20 November 1976.

135.Women in Turkey, like those in all other countries, are confronted with many difficulties when first starting in a job and in promotions at work.In addition, women are always the first to go when dismissals are made in an organization.The main reason for this is the fact that women have different responsibilities during pregnancy and the childcare period plus those at home and thus the justification is that with so many burdens they usually do not have time to improve themselves in their careers.Activities are under way to eliminate such negative approaches.

136.In 1992, in Turkey, the rate of participation in the workforce was 69.6 per cent for men and 30.4 per cent for women, which means a total of 52.2 per cent in general.The demographic profile of the economically active population is summarized in tables 10-12.

Table 10.Economically active population (male and female)

Economic activity

Female

Percentage

Male

Percentage

Total

Agriculture

4 326 317

50.6

4 221 044

49.4

8 547 361

Mining

4 167

3.0

135 098

97.0

139 265

Manufacturing

538 884

19.6

2 209 434

80.4

2 748 318

Electricity, gas

-

-

17 943

100.0

17 943

Construction/resettlement

9 076

0.9

943 273

99.1

952 349

Wholesale and retail trade

178 738

7.7

2 134 813

92.3

2 313 551

Transportation, communications

31 645

3.6

855 430

96.4

887 075

Finance

114 102

24.2

357 604

75.8

471 706

Services

620 533

20.1

2 473 834

79.9

3 094 367

Total

5 823 462

30.4

13 348 473

69.6

19 171 935

Source:Household Labour Force Survey, April 1992.

137.In 1992, the total of active population was 19,171,935 and of this figure 69.6 per cent were men and 30.4 per cent were women.In the agricultural sector, however, women constituted 50.6 per cent of the total while men were only 49.4 per cent.The sector where women were in the majority after agriculture was the finance sector, where women had a share of 24.2 per cent.This is followed by the services sector, where women constituted 20.1 per cent.

138.Within the active population of 19,171,935, 8,194,757 (42.7 per cent) were working in urban areas and 10,977,178 (57.3 per cent) in rural areas.

139.A close look at the age groups of working women indicates that there is a heavy clustering around the age group 15-19.On the other hand, those employed in scientific and technical works are in the age group of 30-39, while those in agriculture are more densely found to be in the 15-24 age group.Consequently, one can say that the working women of Turkey have a very dynamic and young profile.

140.Under Turkish Labour Code No. 1,475, which was enacted on 25 August 1971 and became effective when published in Official Gazette No. 13,943 of 1 September 1971, women benefit from all protective provisions available for the labour force as a whole, plus the special benefits recognized for women during pregnancy and when breast-feeding and women with children who need care.

Table 11.Active population by employment status, sex and settlement

Economic activity

 

Urban

 

 

 
Female

Male

Total

Percentage Female

Percentage Male

Female

Male

Total

Percentage Female

Percentage Male

Total

Agriculture

149 712

219 147

440 859

33.9

66.1

4 176 605

3 929 897

8 106 502

51.5

48.5

8 547 361

Mining

4 167

95 895

100 062

4.2

95.8

-

39 203

39 203

0.0

100.0

139 265

Manufacturing

391 756

1 814 517

2 206 273

17.8

82.2

147 128

394 917

542 045

27.1

72.9

2 748 318

Electricity, gas

-

17 049

17 049

0.0

100.0

-

894

894

0.0

100.0

17 943

Constructions

6 094

626 549

632 643

1.0

99.0

2 982

316 724

319 706

0.9

99.1

952 349

Wholesale

150 131

1 630 301

1 780 432

8.4

91.6

28 607

504 512

533 119

5.4

94.6

2 313 551

Communication

28 687

551 961

580 648

4.9

95.1

2 958

303 469

306 427

1.0

99.0

887 075

Finance

93 258

303 333

396 591

23.5

76.5

20 844

54 271

75 115

27.8

72.2

471 706

Services

478 981

1 561 219

2 040 200

23.5

76.5

141 552

912 615

1 054 167

13.4

86.6

3 094 367

Total

1 302 786

6 891 971

8 194 757

15.9

84.1

4 520 676

6 456 502

10 977 178

41.2

58.8

19 171 935

Source
:Household Labour Force Survey, April 1992.

Table 12.Women employed according to age groups and activities

(Table not available due to technical reasons)

141.The rights of retirement, unemployment, sickness, disability and other non-working conditions are recognized by various laws:

(a)The Social Security Organization Law No. 506 was enacted on 17 July 1964 and became effective when published in the Official Gazette dated 1 March 1965;

(b)The Civil Servants Law No. 657 was enacted on 14 July 1966 and became effective when published in Official Gazette No. 12,056 of 23 July 1966;

(c)The Social Security Law No. 1,479, covering tradesmen and craftsmen and other self-employed, was enacted on 2 September 1971 and made effective when published in Official Gazette No. 13,956 of 14 September 1971.

142.Article 26, paragraph 3 of the Labour Code introduces the rule of equal pay for equal work by providing that different wages cannot be paid to male and female workers solely because of their sex if they are working in the same organization with the same qualifications and equal productivity. Provisions contrary to this clause cannot be included in the collective bargaining agreements and/or employment contracts.

143.According to Civil Servants Law No. 657, social security provisions for sickness and maternity are provided by the employer (art. 188).The employer is responsible for the social security of civil servants with respect to sickness, maternity and vocational disability resulting from on-the-job accidents, and providing health insurance for the spouse, mother, father and dependent children in case of sickness and maternity.

144.According to article 202 of the same law, a family allowance is paid to the spouse of a civil servant who is not in paid employment and also to each dependent child; the family allowance may not, however, be paid for more than two children.

145.The social security legislation makes no discrimination between the sexes with regard to access to social insurance or to salaries serving, as the basis for insurance premiums, premium rates or premium collection conditions, as well as in risks and allowances relating to insured persons.

146.According to the Social Security Organization statistics of 1989, the number of its members in non-agricultural sectors was 3,081,657 (89.9 per cent men and 10.1 per cent women).

147.In 1990, the total number of civil servants was 1,112,263 (337,596 women and 774,667 men).Consequently the share of female civil servants was only 30.4 per cent of the total. According to Civil Servants Law No. 657, all civil servants are covered for social security under the Pension Fund for Civil Servants.

148.According to special Social Security Law No. 1,479 (BA–-KUR), any woman who pays social insurance premiums for five years and 50 years of age is entitled to retirement.Women with the status of housewives may obtain voluntary insurance through application to BA–-KUR.

149.According to 1991 BA–-KUR statistics, the number of total insured women was 247,318. Table 13 below gives the number of women by age groups insured by BA–-KUR.The total number of insurance holders is:

Percentage

Female247 318 12

Male1 845 698 88

Total2 093 016100

Table 13.Distribution of insured women under BAW-KUR

Age group

Female

Percentage

Male

Percentage

Total

18-24

9 411

3.8

80 320

4.3

89 731

25-29

26 159

10.6

243 492

13.2

269 651

30-34

37 387

15.1

324 914

17.6

362 301

35-39

44 868

18.1

345 567

18.7

390 435

40-44

43 622

17.6

277 730

15.1

321 352

45-49

33 674

13.6

209 957

11.4

243 631

50-54

23 046

9.3

174 702

9.5

197 748

55-59

14 135

5.8

95 822

5.2

109 957

60-64

7 971

3.2

49 589

2.7

57 560

65-69

3 772

1.5

22 102

1.2

25 874

70-74

1 414

0.6

8 059

0.4

9 473

75+

1 859

0.8

13 444

0.7

15 303

Total

247 318

100.0

1 845 698

100.0

2 093 016

Source
:BAW-KUR annual statistics, 1991.

150.Of the total number of women insured, 50.8 per cent are clustered in the 30 to 44 age group; and 65,549 are housewives.

151.Under Law No. 2,926, women who are self-employed in the agricultural sector, who are over 22 years of age and act as the head of the family are included within the compulsory insurance coverage.Other women may become insured if they so wish.The number of insured women working in the agriculture sector is 14,297 and this corresponds to 2 per cent of the total number of workers in agriculture (table 14).

Table 14.Distribution of insured agricultural workers by age group and sex

Age group

Female

Percentage

Male

Percentage

Total

18-24

61

0.4

1 544

0.2

1 605

25-29

459

3.2

49 389

6.9

49 848

30-34

823

5.8

98 222

13.7

99 045

35-39

1 275

8.9

106 850

14.8

108 125

40-44

1 751

12.3

97 325

13.5

99 076

45-49

2 260

15.8

92 737

13.0

94 997

50-54

2 503

17.5

101 148

14.1

103 651

55-59

1 748

12.2

93 103

13.0

94 851

60-64

1 413

9.9

40 972

5.7

42 383

65-69

905

6.3

18 759

2.6

19 664

70-74

432

3.0

7 911

1.1

8 345

75+

667

4.7

10 269

1.4

10 936

Total

14 297

100

718 229

100

732 526

Source
:BAW-KUR annual statistics, 1991.

152.According to article 68 of Labour Code No. 1,475, accepted on 25 August 1971 and published in Official Gazette No. 13,943 of 1 September 1971, it is illegal to employ any man under 18 years of age and/or any woman of any age in works like mining, cable-laying, sewage system, tunnel construction and other underground work and under water operations.

153.According to article 78 of the same law, women may not be employed in heavy duty and dangerous works.

154.From the viewpoint of work hours, there is no difference between men and women and the total working hours in a week is 45 hours.On the other hand, according to the regulation published in Official Gazette No. 14,633 of 22 August 1973 on conditions for employing women on night-shifts in the industry, it is basically illegal to employ on night-shifts in industrial organizations women of any age and boys under 18 years of age. Additionally, the Labour Code specifies that a special regulation will be prepared to provide for women to be employed for night work, if so required by their qualifications.

155.According to Labour Code No. 1475, it is up to the employer to continue paying salaries to female employees who are on maternity leave before and after birth.In this case, the compulsory payment responsibility is bestowed to the Social Security Organization by Social Security Law No. 506 (see para. 141 (a) above.According to article 48 of that law, insured women who paid for a minimum of 90-120 days during the preceding year are covered by maternity insurance.

156.Female insurance holders who have already paid a maternity premium for at least 120 days are paid a temporary physical disability allowance for each day of maternity leave they use before and after birth.Similarly, Civil Servants Law No. 657 comprises a clause by which a female civil servants will be granted a maternity leave of three weeks before and six weeks after birth (article 104).Following the maternity leave, the female civil servant is granted one and a half hours a day time off for breast-feeding for a period of six months. In addition, a female civil servant may if she requests be granted leave without pay for a period of six months after delivery (article 108).

157.The regulation on the conditions for the employment of pregnant and breast-feeding women, nursing rooms and child-care nurseries, which was prepared under article 81 of the Labour Code and published in Official Gazette No. 14,622 of 11 August 1973, covers the following provisions:

(a)Article 2.It is prohibited to keep female employees at work during the 12-week period of 6 weeks before and 6 weeks after the birth;

(b)Article 3.If requested during the first three months of pregnancy, female workers can receive a medical examination and be treated by a worksite physician, industrial health clinic and, in the absence of these, at a Social Security health facility and by a physician, health unit and government or municipal physician;

(c)Article 4.Nursing women can be employed in jobs that are determined to be suitable for women according to the regulations for hard and dangerous work, only at the end of six weeks after birth and upon a medical report indicating there is no such limitation because of her condition;

(d)Article 5.Nursing mothers are granted leave for 45 minutes twice a day until their children are one year old;

(e)Article 6.Any worksite with 100-150 female workers is required to establish a nursery.

158.Article 202 of Civil Servants Law No. 657 states that a family allowance will be paid to a spouse who is not in paid employment or receive any payment from any social institution, plus two children of the civil servant.In case of divorce or separation, however, the court specifies in the verdict as to which party should receive the allowance.

159.According to article 204, public servants become entitled to the family or children's allowance beginning on the first day of the month following marriage or birth.

160.Article No. 205 states that a public servant loses the right of receiving the family allowance when his or her spouse dies or gets a divorce. According to article 206, children's allowances cease when:

(a)The children get married;

(b)The children reach 19 years of age (subject to the continuation thereof until 25 years of age for girls who are married or for children of both sexes until 25 if they continue their higher education or have health problems to the extent that they are unable to work but provided that this situation is substantiated by a medical report);

(c)The child is involved in commercial activities on his/her own or is in paid employment (except for those who work during the school holidays);

(d)The child receives a scholarship or continues his/her education with the support of the State.

161.Article 207 entitles civil servants to receive a birth allowance in an amount to be determined by multiplying the indicator figure 75 by the salary multiplier in effect.If both the mother and the father are public servants, the allowance is granted to the father only.The allowance can be granted to the mother, however, if the birth occurs during a separation period recognized by the court.

162.Article 70 of the Labour Code states that it is prohibited for female employees to work during the maternity leave of 12 weeks, which is applied at 6 weeks before and 6 weeks after birth.The article also provides that female employees can be granted leave-without-pay for six months if she requests it, but that leave will not be taken into account in the calculation of her annual leave.

163.Most of the women in Turkey who are actively involved in the economy work in agricultural fields and the majority of these are not covered by any social security at all.The effectiveness of the new law on social security law for the self-employed in agriculture (Law No. 2,926) is seen as a vital improvement towards assuring social security coverage to these people.

164.Some of the provisions in the Labour Code (Law No. 1,475) and the Trade Unions Law (No. 2,821) have been reviewed by the Ministry of Labour and Social Security and thus a new law was drafted (draft law on work security), with the aim of protecting workers against arbitrary termination of contracts.The draft law, which is currently on the agenda of the Turkish Grand National Assembly, would provide that:

(a)An employer be obliged to have a justified reason for termination of a contract and to so state clearly in the notice of termination;

(b)An employer have judicial control over whether such a contract termination is justified or not;

(c)An employer return the employee to his/her work if the termination is found by a judge to be unjustifiable, or ensure that the employee receives a large sum in compensation instead of returning to work under certain conditions;

(d)Employees with more than five years of service be granted a longer period of notice for termination of contract.

165.According to the current provisions of the Labour Code, employers have the right to dismiss female workers during pregnancy without expressing any reason, but must provide notice in accordance with article 13.On the other hand, the new draft law clearly states that pregnancy would not be considered a reason for termination of contract.In case of termination because of pregnancy, this would not only be a justification to return the worker to her work but also to establish the right of the worker to appeal to court and thus either be returned to work or receive a large amount of compensation under certain conditions (as in the framework of the general decree).

166.Draft law shall be a contemporary law in accordance with ILO standards.In fact, it has been prepared on the basis of ILO Convention No. 158.

Article 12

167.When the need was evident that family planning services should be contemporized and be more efficient and disseminated for the Turkish community. Law No. 557, accepted on 4 April 1965 and published in Official Gazette No. 11,976, was annulled and Law No. 2,827 on family planning was enacted on 24 May 1983 and became effective when published in the Official Gazette of 27 May 1983.

168.The new Law introduces the following arrangements:

(a)Voluntary termination of pregnancy (abortion) up to 10 weeks;

(b)Permission for voluntary surgical sterilization (in both males and females) as a method of preventing unwanted pregnancies;

(c)Introduction of the uterus evacuation system through menstrual regulation and also vasectomy by trained practitioners under the supervision of specialist doctors;

(d)Authorization extended to doctors and other health personnel for the application of family planning methods and thus dissemination of such methods to the rural areas.

169.Family planning services have been provided to most remote corners of the country by the health centres, health units, mother and child care and family planning centres, maternity clinics of the Ministry of Health and other maternity hospitals with family planning clinics.

170. Different family planning methods are being used in Turkey.The number of women using these methods showed a continuous increase from one year to the next.The distribution of different methods in percentage during the period 1963-1988 is as follows:

Table 15

Method

1963

1968

1973

1978

1983

1988

Intra-uterine device (IUD)

-

1.6

2.3

4.0

8.9

17.1

Pill

1.0

2.2

4.8

8.0

9.0

7.7

Condom

4.3

4.4

4.7

4.0

4.9

8.8

Sterilization

-

-

-

-

1.3

2.2

Withdrawal

10.4

18.0

23.6

22.0

30.1

31.1

Other

6.3

5.8

2.6

12.0

7.3

10.1

Protected

22.0

32.0

38.0

50.0

61.5

77.0

Non-protected

78.0

68.0

62.0

50.0

38.5

23.0

Source
:Ministry of Health, Mother and Child Care and Family Planning.

171. A total of 1,309,639 women used a protection method in 1990.The distribution of these methods is as follows:IUD, 23.0 per cent; pill, 29.4 per cent; condom, 47.3 per cent; and sterilization, 0.3 per cent.

172.The distribution of women in 1988 who used family planning services and their educational backgrounds is shown in table 16.

Table 16

Education level

Number of women

Percentage

Illiterate

310 042

20.2

Literate

96 342

6.3

Primary school

921 122

60.0

Secondary school/lycee

182 004

11.8

University and equivalent

25 627

1.7

Source
:Ministry of Health, Mother and Child Care and Family Planning.

173.According to the 1989 population survey in Turkey:

(a)The average life expectancy for women and men is, respectively, 66.0 and 63.3 years;

(b)The maternal mortality rate is 139 per hundred thousand;

(c)The crude birth rate is 27.7 per thousand, which increases to 29.4 per 1,000 in rural areas and declined to 25.9 in urban areas;

(d)The total fertility rate is 3.4 per thousand, 4.0 per thousand in the rural areas and 2.8 per thousand in the urban areas;

(e)Some 50.5 per cent of all births take place in hospitals, 24.7 per cent at homes under the supervision of health personnel and 24.8 per cent at home without any health assistance;

(f)In rural areas, these rates are 33.3 per cent in hospitals, 36.3 per cent at home with the assistance of health personnel and 30.4 per cent at home and without assistance.As for urban areas, 71.7 per cent of the women give birth in hospitals, 17.5 per cent at home with the help of health personnel and 10.8 per cent at home without assistance.From the above figures it is apparent that women in urban areas make better use of the health services, compared with rural women.

174.Currently, 45 per cent of the families in rural areas and 62 per cent of those in urban areas want to have only two children.The fact that the national average is only 54 per cent seems to indicate that children are still considered as a cheap source of manpower based on some traditional attitudes.

175.In Turkey the average crude death rate is 7.8 per thousand, comprising 8.5 in the rural areas and 7.1 in the urban areas.

176.The average infant mortality rate was found to be 62.3 per thousand, comprising 71.3 per thousand in the rural areas and 51.6 per thousand in the urban areas.

177.Family planning activities are being carried out primarily by the Ministry of Health and other related State institutions.In the years since the enactment of the law on family planning, voluntary women's organizations carrying out such activities and family planning have spread all over the country.These voluntary organizations are carrying out their activities successfully by the use of mobile clinics, especially in the eastern and southern regions of the country, to visit millions of women mostly living in rural areas and shelter houses.These services are focused on effective contraceptive methods.

178.Because of the undeniable effects of the mass media (and particularly of television) on human behaviour, it is used to convey information on family planning and birth control to the public.

179.Vitro Fertilization and Embryo Transfer Centres, established under the 1987 regulation, assist families with no children.

Article 13

180.Banking rules and regulations in Turkey do not discriminate against women or prevent them from benefiting from bank credits, mortgages or other financial credits; in fact, new regulations that support women have been brought into force.

181.To give an example, with the cooperation of the Small and Medium-Size Enterprises Development and Support Establishment and Halk Bank, a project called "Credits for investments" was initiated to encourage and support female entrepreneurs and home economy.Under the project, loans are utilized to obtain machinery and equipment for the individual or collective activities of women entrepreneurs in fields such as carpet weaving, textile, food industry and others.

182.There are no discriminatory legal provisions prohibiting female participation in any kind of entertainment, sports or cultural activities.

Article 14

183.Like all other developing countries, there are some imbalances between different regions of Turkey.While the western regions of the country are better developed, the eastern and southern regions have remained as less developed regions.For this reason the main goal of rural development projects in Turkey is to eliminate such regional imbalances.In order to support the eastern and southern regions with planned rural development projects, the Department for Priority Regions for Development was established within the State Planning Organization, and based upon certain socio-economic criteria the 28 least developed provinces were identified and included in a specific programme within the planned development projects.

184.The planned rural development projects that have been implemented by the State, together with the contribution of the free market mechanisms, have changed the overall production, consumption and household labour utilization systems of the villagers in Turkey, as it has in the rest of the world.

185.Among the objectives of the sixth five-year development plan (1990-1994) are the provision of measures for the utilization of goods produced by people living in rural areas and thus improving their income levels, and also the reduction of differences in development between the priority provinces and other regions.

186.Furthermore, supporting and strengthening the family, which is the building block of Turkish society, emphasizing the social and economic and cultural areas and also providing the protection and education of women and children are the priority policies established.

187.According to the results of the April 1992 household labour force survey, the total population of Turkey is 57,438,275 (28,948,661 males and 28,489,614 females (see table 17)).

Table 17.Distribution of the population by settlement areas

 

Rural

 

 

 

 

Under 12 years

Over 12 years

Under 12 years

Over 12 years

Under 12 years

Over 12 years

Total

Female

4 264 578

9 579 989

4 204 306

10 440 741

8 468 884

20 020 730

28 489 614

Male

4 593 792

9 033 324

4 405 875

10 915 670

8 999 667

19 948 994

28 948 661

Total

8 858 370

18 613 313

8 610 181

21 356 411

17 468 551

39 969 724

57 438 275

Source
:Household Labour Force Survey, April 1992.

188.The total population of rural people over 12 years of age is 18,613,313 (9,579,989 females and 9,033,324 males).In urban areas the total population over 12 is of 10,440,741 women and 10,915,670 men.The male contribution to the workforce is 69.6 per cent, whereas the female contribution is 30.4 per cent and the national average is 52.2 per cent.

189.In Turkey, 4,155,603 out of 6,870,638 elementary school students live in the cities and 2,715,035 live in the rural areas.In fact, 1,269,632 (46.8 per cent) of the students living in the rural areas are girls and 1,445,403 (53.2 per cent) are boys (table 18).

Table 18.Distribution of female students among all students by settlement areas

 

Elementary school

Junior high school

Secondary school

 

 

 

 

 

 

 

All students

Female students

Percentage

All students

Female students

Percentage

All students

Female students

Percentage

Turkey

6 870 638

3 236 398

47.1

2 402 692

904 925

37.7

1 580 729

615 241

38.9

Cities

4 155 603

1 966 766

47.3

2 125 654

822 823

38.7

1 544 689

603 266

39.1

Villages

2 715 035

1 269 632

46.8

277 038

82 102

29.6

36 040

11 975

33.2

Source
:Ministry of Education, Research, Planning and Coordination Department (1991/92 school year data).

190. In Turkey, 16.4 per cent of women living in rural areas are clustered in the 15-19 age group, while 10.7 per cent in the 20-24 age group and 9.4 per cent are in the 25-29 age group (table 19).

Table 19.Distribution by age group of women older than 12 living in rural areas

Age group

Females

Percentage

Percentage of total females

Males

Percentage

Percentage of total males

Total

12-14

922 827

50.8

9.6

894 857

49.2

9.9

1 817 684

15-19

1 572 433

52.1

16.4

1 447 862

47.9

16.0

3 020 295

20-24

1 027 317

57.4

10.7

761 342

42.6

8.4

1 788 659

25-29

900 781

52.2

9.4

822 949

47.8

9.1

1 723 730

30-34

813 702

51.2

8.5

776 234

48.8

8.6

1 589 936

35-39

810 368

52.2

8.5

741 478

47.8

8.2

1 551 846

40-44

666 978

48.4

7.0

711 377

51.6

7.9

1 378 355

45-49

588 207

52.3

6.1

536 577

47.7

5.9

1 124 784

50-54

567 717

51.4

5.9

537 379

48.6

6.0

1 105 096

55-59

552 701

51.7

5.8

516 592

48.3

5.7

1 069 293

60-64

476 242

48.2

5.0

512 066

51.8

5.7

988 308

65+

680 716

46.8

7.1

774 611

53.2

8.6

1 455 327

Total

9 579 989

51.5

100

9 033 324

48.5

100

18 613 313

Source
:Household Labour Force Survey, April 1992.

191. Some 92.4 per cent of women living in rural areas are agricultural workers. Agriculture is followed by manufacturing, with 3.3 per cent (tables 20-22).

Table 20.Distribution by educational status of women older than 12 living in rural areas

 

Female

Percentage

Male

Percentage

Total

Illiterate

2 957 633

76.9

888 622

23.1

3 846 255

Literate but not a school graduate

984 204

53.4

857 841

46.6

1 842 045

Primary school

4 848 854

47.4

5 373 220

52.6

10 222 074

Secondary school

371 535

28.8

918 159

71.2

1 289 694

Vocational school (secondary school)

19 937

24.5

61 465

75.5

81 402

Lycee

246 858

33.1

499 129

66.9

745 987

Vocational lycee

59 220

20.0

237 288

80.0

296 508

University

91 748

31.7

197 600

68.3

289 348

Total

9 579 989

51.5

9 033 324

48.5

18 613 313

Source
:Household Labour Force Survey, April 1992.

Table 21.Distribution of labour force in the rural areas by occupation groups

 

Female

Percentage

Male

Percentage

Total

Salary or wages

220 953

13.7

1 389 265

86.3

1 610 218

Daily wage

106 023

18.0

482 384

82.0

588 407

Employer

4 810

2.2

210 897

97.8

215 707

Self-employed

399 382

12.0

2 916 337

88.0

3 315 719

Unpaid family worker

3 789 508

72.2

1 457 619

27.8

5 247 127

Total

4 520 676

41.1

6 456 502

58.9

10 977 178

Source
:Household Labour Force Survey, April 1992.

Table 22.Distribution of the labour force in rural areas by economic activity

 

Males

Percentage

Percentage of total males

Females

Percentage

Percentage of total females

Total

Agriculture, forestry, wildlife, fishery

3 929 897

48.5

60.9

4 176 605

51.5

92.4

8 106 502

Mining, quarries

39 203

100

0.1

-

-

-

39 203

Manufacturing

394 917

72.9

6.1

147 128

27.1

3.3

542 045

Electricity, gas, water

894

100

0.01

-

-

894

 

Construction, public works

316 724

99.0

4.9

2 982

1.0

0.1

319 706

Trade (wholesale, retail), restaurants, hotels

504 512

94.6

7.9

28 607

5.4

0.6

533 119

Transportation, telecommunications, storage

303 469

99.0

5.0

2 958

1.0

0.1

306 427

Finance, insurance, real estate, support services,public services

54 271

72.3

0.9

20 844

27.7

0.5

75 115

Social and individual services

912 615

86.6

14.2

141 552

13.4

3.0

1 054 167

Total

6 456 502

58.8

100

4 520 676

41.2

100

10 977 178

Source
:Household Labour Force Survey, April 1992.

192. In Turkey, women are still working primarily in the agricultural sector despite the fact that the population working in that sector has been decreasing recently.Moreover, most of the women working in agriculture are unpaid family workers. According to the results of the 1992 Household Labour Force Survey, 83.8 per cent of women working in rural areas are unpaid family workers.

193. In Turkey, 60.9 per cent of the women give birth to their last child in a health institution (health house, health unit or hospital).Those living in the rural areas and in the east use health institutions less frequently for this purpose (table 23).

Table 23.Distribution of births under the control of health personnel by regions and settlement areas, 1983-1988

 

Percentage

Urban

86.1

Rural

64.6

Western

87.4

Southern

69.8

Central

79.6

Northern

83.5

Eastern

57.9

 

194. The percentage of women who give birth to their children in a health institution is 72.4 per cent in the west, whereas it is only 36.9 per cent in the east. The same ratio is 47.2 per cent for the rural areas in contrast to 72.4 per cent for the urban areas.Mortality rates of mothers are estimated to be higher in those areas where 33 per cent of births are under unhealthy conditions, the fertility rate is higher and health institutions are used at a lesser degree for maternity and births (table 24).

Table 24.Distribution of births in a health institution by regions and settlement areas, 1983-1989

 

Percentage

Western

72.4

Southern

54.8

Central

65.1

Northern

75.5

Eastern

36.9

Urban

72.4

Rural

47.2

195. In Turkey, non-governmental organizations are also providing women oriented projects in rural areas.For example, programmes for women constitute an important part of the village-level extensive rural development activities of the Turkish Development Foundation.Carpet and kilim production has been emphasized as an activity to improve the economic level of the families, to educate young girls and women in rural areas and to accelerate social development through the utilization of educational programmes.

196.The Carpet Weaving Institute of Atathrk University at Erzurum was founded in the year 1962.The objectives are to provide courses on carpet and kilim weaving, textiles, nursery and all kinds of woven fabrics as well as improvements in the breeding and distribution of fur animals.In addition to these activities, they also aim to carry out research, education and training as an institute.Students are enrolled from villages either through orphanages or organized village cooperatives.

197.The Foundation for the Promotion and Support of Turkish Women has some projects for women in rural areas.In 1989 the Food and Agriculture Organization of the United Nations (FAO) established a bee-hiving project at the request of the Foundation.The aim of the project was to arouse an interest in women in non-traditional agricultural areas, which are traditionally accepted as male occupations.In this respect the project aimed to increase the production capacity and the income of poor village women by providing credits, training and other means of support.The project also gained momentum by establishing cooperatives and thus provided a chance of continuity in its activities.Again, in 1989 the Foundation initiated a poultry project in six provinces in cooperation with UNDP.The estimated duration for the project was six years.In the context of project activities, training courses on poultry were extended to the villages and those who were successful in the course were provided with poultry houses with additional maintenance and marketing support.

198.A project to determine the status of women in Urfa and its vicinity was introduced by the Prime Ministry, South Eastern Anatolian Project of the Regional Development Administration.The project is carried out by the Rural Development Foundation.

PART IV

Articles 15 and 16

199.In ratifying the Convention, Turkey placed reservations to article 15(2) and 15(4) and article 16, paragraphs (c), (d), (f) and (g) because it was established that these provisions are in contradiction to clauses in the Turkish Civil Code on marriage and family relations.The Civil Code was accepted on 17 February 1926 and became effective when published in Official Gazette No. 339 of 4 April 1926.

200.The provisions concerning inequality between men and women are defined as follows in the Turkish Civil Code:

(a)Article 152.The husband is the chief of the family.The selection of the home for the family and the nutrition and other requirements of the spouse and the children are his responsibility;

(b)Article 153.The wife takes the husband's family name.The wife shall assist and advise the husband to the extent she can in order to ascertain happiness for both.The home is taken care of by the wife;

(c)Article 154.The family union is represented by the husband.Irrespective of the property division principles accepted by both partners, the husband is personally responsible for actions taken;

(d)Article 155.For the ongoing requirements of the home, the wife is equally entitled to represent the family along with the husband.The husband, on the other hand, is responsible for all her actions as long as she does not go beyond her authority (that would be known by the third parties);

(e)Article 21.The husband's residence is deemed to be that of his wife and the residence of the parents is to be that of the children under their guardianship.The place where the court is located is considered to be the residence of the persons under legal responsibility.

201.The revision to amend the Turkish Civil Code is still under way.A draft law has been prepared with this purpose and duly presented to the Turkish Grand National Assembly by the State Ministry for Women's Affairs and Social Services.

202.In addition, the Directorate General on the Status and Problems of Women is also continuing its activities in this respect.

203.The Turkish Constitutional Court has issued several judgements on various appeals on equality between the husband and wife and the children.The Court has, for example, annulled article 159 of the Turkish Civil Code, which required the husband's approval for the wife to pursue a trade or a profession.

204.Article 88 of the Turkish Civil Code states that marriages cannot be realized unless the man has reached 18 and the woman has reached 16 years of age. Under justifiable reasons, however, the competent court may approve the marriage of a man who is 15 and a woman who is 14, after hearing the parents or guardians.

205.In Turkey early age marriages are widespread, particularly in rural areas. The marriage age for women, however, is different from one region to the other, depending on the woman's education level.

206.As an extension of traditional practices in Turkey, marriages still include both civil and religious ceremonies.On the other hand, only a civil marriage is officially recognized. In many places of the country, however, especially in rural areas, a religious ceremony is still the only type of marriage (tables 25 and 26).

Table 25.Distribution of marriage types by region

(In percentages)

Region

Civil

Civil and religious

Religious

Other

Unknown

Western

14.5

83.3

1.5

0.1

0.6

South

5.3

89.6

4.3

0.2

0.6

Central Anatolia

8.5

88.4

2.7

0.1

0.3

Northern

5.0

92.9

1.6

0.1

0.4

East-South-east

7.1

74.1

18.0

0.3

0.5

Source:SPO Turkish Family Research, April 1992.

Table 26.Type of marriage by settlement place

(In percentages)

Settlement

Civil

Civil and religious

Religious

Other

Unknown

Rural

5.1

87.4

6.9

0.2

0.4

Urban

13.6

82.7

3.1

0.1

0.5

Source:SPO Turkish Family Research, April 1992.

207. According to the marriage statistics of the State Institute of Statistics, a total of 460,729 marriages took place in 1989 (table 27).

Table 27.Distribution of marriages by age groups, 1989

Age group

Number of married women

Percentage

Up to 15

1 605

0.4

15-19

168 112

36.5

20-24

188 880

41.0

25-29

68 718

14.9

30-34

17 633

3.8

35-39

6 696

1.5

40-44

3 215

0.7

45-49

1 917

0.4

50-54

1 396

0.3

55-59

1 099

0.2

Over 60

1 458

0.3

Total

460 729

100.0

 

208.The present report was prepared in August 1993 by the Directorate General on the Status and Problems of Women, with the aim of presenting the legal, administrative, judicial and other measures that emphasize the steps taken by the Turkish Government to implement effectively the articles of the Convention. The report was prepared in coordination with non-governmental organizations and therefore their views and comments were fully included.



[1]

* For the initial report submitted by the Government of Turkey see CEDAW/C/5/Add.46 and Amend.1; for its consideration by the Committee, see CEDAW/C/SR.161 and CEDAW/C/SR.165, and Official Records of the General Assembly, Forty-fifth Session, Supplement No. 38 (A/45/38), paras. 284-324.

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