CEDAW SHADOW REPORT 2010

The Shadow Report prepared by Turkish women organizations was presented to the United Nations (UN) Convention on the Elimination of all Forms of Discrimination (CEDAW) in the session on Turkey held on 21 July. The report stated that the Constitution and other laws are contrary to the convention and included a list of demands to improve the situation.

In the section on "the principle of equality before the law", the report criticized the constitutional reform package. The package's definition of women as individuals "in need for protection" was depicted as contrary to the principle of equality. The report emphasized the resulting discrimination against women and included the following evaluations:

"Some amendments to provide equality before the law will only function together with the amendment of other laws and regulations. Clause 10 of the Enforcement Law on the starting date of the Martial Property regulated in the Civil Law does not operate retroactively".

"In the Turkish Penal Code, honour killings are expressed with the phrase 'murders committed on behalf of moral customs'; a legal loophole for a mitigation of punishment for honour killings is being protected. The clause related to an aggravated prison sentence to be handed down in case of this kind of murder according to the decision of the Court of Appeals is non-functional".

List of demands for legal amendments

The Shadow Report lists a number of demands in order to provide legal equality:

* An "Equality Framework Law" must be constituted and the provision on equality in the Constitution must be brought in line with the CEDAW Convention.

* Article 10 of the Turkish Constitution should embrace the conventions "temporary special measures" which define an equal representation of women in all areas of life and the elimination of discrimination.

* Offences against homosexual, bisexual and transsexual women like physical and verbal abuse, sexual and other crimes of violence cannot be prosecuted because the Turkish Criminal Code does not define discrimination based on sexual orientation and sexual identity as crimes. The terms "sexual orientation and sexual identity" must be included in Article 10 of the Constitution.

* The article on "Sharing of Acquired Goods" as enforced in the Turkish Civil Law (TMK) should be amended retroactively for marriages established before 2002 as well.

* The TMK should recognize the women's right to keep their maiden name as the sole surname after marriage.

* All clauses related to "unjust provocation" should be lifted from Article 82 of the Turkish Criminal Law (TCK) on "Deliberate Killing".

* Article 287 on "Genital Examination" should explicitly state that "virginity testing is banned". Seeking the consent of the woman as a necessary precondition for controls allowed by a judge or a prosecutor should be regulated by law.

* Related to Article 104 of the TCK on Sexual Intercourse with a Juvenile, the following provision should be removed: "Anyone who, without resorting to force, threats or deceit, has sexual intercourse with a juvenile who is over fifteen years of age shall be imprisoned  [...] upon complaint" of a third party.

* Article 122 of the TCK on Discrimination should include "discrimination based on sexual orientation, sexual identity and medical diagnosis".

* Article 266 of the TCK's section on "Crimes against the General Morality" on "Obscenity" should be removed. (SP/VK)