UN Committee on the Elimination of Discrimination against Women: State Party Report, Turkey
- Author: Government of Turkey
- Document source:
-
Date:
12 April 1996
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-BoaziHi 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 |
| 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 |
| 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 |
| Domestic organizations | 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 |
| 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 |
| 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 |
| 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 |
| Company | Number of higherechel on women |
| Koç Holding Corporation | 6 |
| Sabanci Holding | 5 |
| Alarko Corporation | 15 |
| Eczacibai Pharmaceutical Ind. | 10 |
| Pamukbank Corporation | 37 |
| Santral Holding | 10 |
| Yaar Holding | 5 |
| Enka Holding | 3 |
| Turkish Petroleum Inc. | 3 |
| Company | Percentage of working women |
| Koç Holding | 17.7 |
| Koç Holding Incorporated | 34.9 |
| Sabanc8 Holding | 22.0 |
| Alarko Corporation | 10.0 |
| Eczac8ba8 Pharmaceutical Ind | 80.0 |
| En-Ka Corporation | 24.0 |
| Yaar Holding | 24.0 |
| Pamukbank Corporation | 43.0 |
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 |
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 |
| Urban | Economic activity |
| |||||||||
| 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 |
(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 |
| 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 |
(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 |
| 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 |
(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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Percentage | |
| Urban | 86.1 |
| Rural | 64.6 |
| Western | 87.4 |
| Southern | 69.8 |
| Central | 79.6 |
| Northern | 83.5 |
| Eastern | 57.9 |
| Percentage | |
| Western | 72.4 |
| Southern | 54.8 |
| Central | 65.1 |
| Northern | 75.5 |
| Eastern | 36.9 |
| Urban | 72.4 |
| Rural | 47.2 |
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 |
| 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 |
| 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 |
[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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