Legitimizing Early Forced Marriages – the Case of Turkey, a research paper by Sare Demirer
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| Sare Demirer |
By Milena Rampoldi, ProMosaik. In the following my interview
with the author of the research entitled “Legitimizing
Early Forced Marriages: the Case of Turkey”. We talked about the objectives
of her research paper and the importance of the struggle against child forced
marriage in Turkey. Child marriage is the major obstacle of development for
girls. Strategies must be implemented to oppose to the phenomenon not only in
Turkey, but all over the world.
with the author of the research entitled “Legitimizing
Early Forced Marriages: the Case of Turkey”. We talked about the objectives
of her research paper and the importance of the struggle against child forced
marriage in Turkey. Child marriage is the major obstacle of development for
girls. Strategies must be implemented to oppose to the phenomenon not only in
Turkey, but all over the world.
Why this research about
forced child marriage?
forced child marriage?
I wanted this
study to investigate the cultural and social aspects underlying the child
brides that are forced to marry, and the lack of a common definition for the
term “child” in Turkish laws which include a Civil Code, Penal Code, and the
Child Protection Law. Despite such national laws and international agreements
forbidding early marriage and recognizing underage marriages as the major
obstacle to the development of young girls, the practice continues. I also
question the existing law regarding the minimum age of marriage, which does not
comply with that of international law.
I suggest that the main causes responsible for legitimizing and perpetuating
early and/or forced marriages of young girls are the social structure of
Turkey, the family, and religion.
study to investigate the cultural and social aspects underlying the child
brides that are forced to marry, and the lack of a common definition for the
term “child” in Turkish laws which include a Civil Code, Penal Code, and the
Child Protection Law. Despite such national laws and international agreements
forbidding early marriage and recognizing underage marriages as the major
obstacle to the development of young girls, the practice continues. I also
question the existing law regarding the minimum age of marriage, which does not
comply with that of international law.
I suggest that the main causes responsible for legitimizing and perpetuating
early and/or forced marriages of young girls are the social structure of
Turkey, the family, and religion.
What is
the definition of child marriage?
the definition of child marriage?
Child
marriage or early marriage is defined as “any marriage carried out below the
age of 18 years, thus before the girl or the boy is physically, physiologically,
and psychologically ready to shoulder the responsibilities of marriage and
childbearing” (UNFPA 2006). Child marriages occur when one or both of the
spouses are below the age of eighteen which according to Article 16(2) of the
Universal Declaration of Human Rights, is human rights violation.
marriage or early marriage is defined as “any marriage carried out below the
age of 18 years, thus before the girl or the boy is physically, physiologically,
and psychologically ready to shoulder the responsibilities of marriage and
childbearing” (UNFPA 2006). Child marriages occur when one or both of the
spouses are below the age of eighteen which according to Article 16(2) of the
Universal Declaration of Human Rights, is human rights violation.
What are
the main causes diffusing this phenomenon?
the main causes diffusing this phenomenon?
The major
factors contributing to early marriage of girls in Turkey include poverty along with social, cultural and
religious norms; value of virginity and fears regarding extramarital sexual
activity; and the view by families in rural parts of eastern Turkey and some
urban areas that marriage will ensure male guardianship for their daughters. As
part of its economic survival strategy, a family will not only hope that their
daughter will benefit economically from her new family, but will also welcome
the price received for the bride. Furthermore, cultural traditions and religion
are also responsible for the harmful practice of early marriage. Religious
leaders tend to perpetuate
the phenomenon by performing unofficial marriage ceremonies. Domestic violence
and a lack of knowledge about family planning, reproductive health, educational
opportunities are some of the societal pressures that promote child marriage.
factors contributing to early marriage of girls in Turkey include poverty along with social, cultural and
religious norms; value of virginity and fears regarding extramarital sexual
activity; and the view by families in rural parts of eastern Turkey and some
urban areas that marriage will ensure male guardianship for their daughters. As
part of its economic survival strategy, a family will not only hope that their
daughter will benefit economically from her new family, but will also welcome
the price received for the bride. Furthermore, cultural traditions and religion
are also responsible for the harmful practice of early marriage. Religious
leaders tend to perpetuate
the phenomenon by performing unofficial marriage ceremonies. Domestic violence
and a lack of knowledge about family planning, reproductive health, educational
opportunities are some of the societal pressures that promote child marriage.
How is the situation in
Turkey?
Turkey?
While
there is no law criminalizing child marriage in Turkey, Turkish legislation
plays a part in defining women’s and children’s rights and protection. The
issue of early marriage is indirectly tackled through rape and sexual abuse
laws. Turkish Civil Code (2001) abolished the supremacy of men in marriage and
established the full equality of men and women in the family. The Law on
Protection of the Family and Prevention of Violence against Women was put into
effect in March 2012. The issue of preventing the early marriage, however,
remains unaddressed.
there is no law criminalizing child marriage in Turkey, Turkish legislation
plays a part in defining women’s and children’s rights and protection. The
issue of early marriage is indirectly tackled through rape and sexual abuse
laws. Turkish Civil Code (2001) abolished the supremacy of men in marriage and
established the full equality of men and women in the family. The Law on
Protection of the Family and Prevention of Violence against Women was put into
effect in March 2012. The issue of preventing the early marriage, however,
remains unaddressed.
What are the best
strategies for opposing forced child marriage?
strategies for opposing forced child marriage?
The mostbasic strategy should be abolishment of the discrimination of the gender
mainstreaming that affects women negatively and instead implement acceptance of
women as independent and equal. Consideration should also be given to the
violation of women’s human rights within traditional legal systems. Early forced
marriage, polygamous marriage, and the act of exacting a price for the bride
should be considered as human rights violations and against state laws.
Uninterrupted education will also help prevent girls from marrying early. NGOs
should work together with religious leaders in the village at the grassroots
level. The health institutions should report early marriages and also inform
adolescent girls on the risks of child pregnancy. Since there are unofficial
marriages which are not recorded by the Birth Registration Office locally, the
data should be gathered by the cooperation with women’s organisations, NGOs and state
institutions, village head persons and as well as local officials. The
discrepancy between Child Protection Law, Turkish Civil Code, and the Penal
Code in the definition of the child should be reconciled with 18 being set as the minimum legal age
for marriage on all related legislation (UNFPA 2012). I personally believe that
‘bottom-top’ efforts
will eradicate the problem of victimized young girls who are married off before
they even get to know about themselves and their bodies. All efforts, no matter
how seemingly minor, will change the pain young girls bear and the burden they
find in the arms of men instead of playing in the streets like other children
of their age.
What are your objectives
with this book?
with this book?
I simply
want to see young girls living their own lives instead of one that has been
dictated by their parents or by society.
want to see young girls living their own lives instead of one that has been
dictated by their parents or by society.
If you want to support our work, you can find the
book here.
book here.
