TURKISH REPUBLIC STATE MINISTRY
FOR WOMEN’S AFFAIRS AND SOCIAL SERVICES DIRECTORATE GENERAL ON THE STATUS
AND PROBLEMS OF WOMEN
THE
STATUS OF WOMEN
IN TURKEY
THE
TURKISH NATIONAL REPORT TO THE FOURTH WORLD CONFERENCE ON WOMEN
MAY 1994
FOREWORD
INTRODUCTION
I. REVIEW AND APPRAISAL
AT THE NATIONAL LEVEL
II. INTERNATIONAL
SUPPORT FOR TECHNICAL COOPERATION
III. STRATEGIC
TARGETS FOR THE FUTURE
TABLES
FOREWORD
The Turkish National Report to the
Fourth World Conference on Women is the product of contributions made by
over 70 women from different fields and backgrounds. Therefore, it reflects
the views of women ‘themselves’ rather than that of an institution. It
gives me great pleasure to introduce it to the international community.
We women, in Turkey, have come a long
way, yet we are fully aware that we still have a long way to go. Women’s
status in Turkey is a complex issue with not one but many faces, images,
roles and statuses. On the one hand, we take pride in being one of the
few countries in the world with an elected woman Prime Minister; on the
other hand, we are disillusioned with the persisting disparities between
men and women as well as between different women’s groups with regard to
access to vital development resources such as education, health and employment.
Provision of literacy and education for girls has particularly lagged behind
desired levels. Women still suffer from poor health and high risk of maternal
deaths. The accessibility to health services continues to be unevenly distributed.
For the majority of women wage work is elusive as most are unpaid family
workers or do work which is not acknowledged.
However, despite the obvious inadequacies
in gender equality, much has been accomplished. The true dimensions of
the progress made in Turkey in this regard and the nature of the existing
obstacles for future progress cannot be fully appreciated without an understanding
of the inherent contradictions involved in the transformation from a multi-ethnic/religious
empire to a secular nation state. Furthermore, a wide range of constraints
of underdevelopment adds further to the complexities. Modern Turkey emerged
out of a historical heritage embodying diverse cultural patterns and groups.
While such social and cultural diversity is a source of societal enrichment
it, nevertheless, is not free of tensions and contradictions. This is of
particular concern with regard to women’s status, since nationalist, westernist
and Islamist discourses, among others, often assert conflicting claims
over women.
While it is necessary to respond to
these conflicting and contesting values, shared also by groups of women
in Turkish society, it is also imperative that women create an autonomous
space in order to be able to articulate their own particular problems and
demands. To negotiate such a space while responding to diverse pressures
and demands seems to be the most arduous and urgent task before women in
Turkey.
My Ministry, which is responsible for
women’s affairs, is committed to the task of supporting and undertaking
initiatives which would contribute to the empowerment of women towards
expanding the boundaries of their space.
Prof. Dr. Türkan AKYOL,
State Minister
The Ministry of State for Women’s Affairs
and Social Services
June 1994
INTRODUCTION
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The world has witnessed significant changes
within the last decade since the Nairobi Women’s Conference of 1985. The
world order that marked the 20th century is gradually being
replaced by new structures and processes. While global institutions, which
exceed the boundaries of nation-states, are taking control of and standardizing
various aspects of our lives, at the same time, the differences and inequalities
between countries, regions and various social groups (sex, ethnicity, class)
are becoming more pronounced. Thus ideologies and actions such as cultural
fragmentation, racism, radical nationalism, ethnic cleansing and fundamentalism
which are revitalizing as a result of globalization are now shattering
the very basis of our daily lives.
-
The impact of the current global transformation
in the establishment of an environment of democracy, equality and
peace, as well as their concrete manifestations with regard to women’s
status bear different and contradictory implications.
-
Developed countries, while adopting rigid
boundaries towards foreigners, for their own citizens through the concept
of “parity democracy” they have managed to spread the basic principles
of democracy. Thus, they are able to create more intensive and efficient
opportunities of participation for women. Conversely, however, due to the
great structural changes experienced by the new member states of the Council
of Europe, significant decline in the status of women in those countries
has been encountered. This is closely related to the political disintegration
of socialist countries starting with Hungary in 1989; the growing dimensions
of the nationalist trends and ethnic conflicts in the states emerging out
of the former Soviet Union, as well as the increasing emphasis on religious
institutions and religious values in the member countries of the European
Union. Furthermore, the civil war in the Balkans, by means of “ethnic cleansing”
and “ethnic rape” against women and children, has enabled the cruellest
method of extermination.
-
In the case of Turkey, the conflicts,
which have intensified with the process of globalization, manifested themselves
in the form of fundamentalism and radical nationalism (Turkish and Kurdish).
The former seeks the solution in de-linking itself with the west-centered
world system and modifying the principles of the past for today. The latter,
in its most extreme version, advocates separatism among different cultural
and ethnic groups embodied within the Republic of Turkey, as opposed to
a peaceful and egalitarian co-existence. These ideologies, which find expression
within a large spectrum, include a range of legal, political mechanisms,
as well as violent and terrorist actions. Such movements offer new space
for the active participation especially of women and as such encourages
them to take part in a civil struggle of varying degrees and forms against
the status quo. However, the long-term prospects of the two ideologies
in terms of women’s social status are less than promising. The first approach
defines the identity of woman according to the values assumed to be part
of the divine will, while the second approach defines it according to national
interests. Hence, both prevent women from developing an identity outside
pre-determined boundaries. It is well known that, historically women have
always been the first to “die” for collective causes, but the last to be
liberated once the mission is accomplished.
-
Nevertheless, despite such risks, the
very fact of inclusion and diversification of women images in civil society,
enable women to develop new strategies for increasing self-control over
their own lives. Since the 1980s, the growing intensification of feminist
as well as other women movements, research and project implementation activities
of governmental and non-governmental organizations and policy-making with
regard to women’s issues is quite meaningful. There is no doubt that a
gender sensitivity has been developing in Turkey. Consequently, women have
been expanding the space in which they can act on their own initiative
and speak their mind.
-
Examination of quantitative data on the
status of women in Turkey, especially with respect to basic development
indicators, such as health and education, indicates that the situation
lags far behind desired levels. On the other hand, some of the advancements
achieved in legal and institutional spheres are promising. The most significant
development for Turkey, however, is the fact that within the course of
the last decade, the strategies developed by various women’s groups to
expand their own space have gained social impetus. These strategies are
especially significant for the empowerment of women as individuals. It
goes without saying that the sustenance of the social environment that
enables the continual expression of diverse woman demands beyond the boundaries
of the patriarchal structure is dependent upon the preservation of the
secular social order in Turkey.
-
It is within such a perspective that the
Turkish National Report needs to be read.
-
In terms of regional and global relations,
with the emergence of new modes of struggle, cultural pluralism – i.e.
diversity as opposed to uniformity – is becoming more and more legitimized.
If peace is to be preserved, this situation offers an advantage for the
construction of more egalitarian and democratic social identities in the
new world order. Yet, one should bear in mind that the line between respecting
different cultures and respecting human rights at the individual level
is not always easily distinguishable. This issue is especially important
from the point of view of women, since cultures, religions, traditions
and customs are often gender-biased and are reproduced as they manifest
themselves through control over women’s lives.
-
Furthermore, the world order for long
has been articulating different cultures with each other economically,
politically and socially within a hierarchical power structure. Therefore,
attempts to substitute west-centered universal values and science by “indigenous”
culture not only fails to break the international hierarchical structure
but may also result in undue resignation to underdevelopment. Therefore,
given the state of the existing order, establishment of egalitarian relations
expected from globalization may be jeopardized.
-
Thus, if expanding parity democracy into
all spheres of life, is a common goal for civilization, then women, who
historically have been excluded from constructing the meaning of universality
and universal values, must have their say in the re-definition of these
concepts. If we fail to create such inclusively formulated universal values
it would indeed be difficult to escape falling into double standards when
confronted with diverse forms of human cruelty and to provide women with
the right to exist as an individual outside of the collective will.
I. REVIEW AND
APPRAISAL AT THE NATIONAL LEVEL
A- ACCESS TO DECISION-MAKING AND
USE OF POWER
-
Women are universally disadvantaged in
access to decision-making mechanisms and power. The situation, in the case
of Turkey, will be approached within the context of decision making in
political institutions, public and business administration, professional
associations and the academia.
1- Participation in Political
Institutions
-
Women have limited representation within
the political decision-making mechanisms. Since women’s participation in
political decision-making is essential for actualizing both democracy and
gender equality, the poses as a major constraint for the advancement of
women.
-
The position of women in political decision-making
mechanisms will be reviewed mainly within the context of the parliament,
cabinet, local government and political parties.
-
a) Parliament: Turkish women were granted
suffrage rights during the single-party period; first at local elections
in 1930, then national elections in 1934. Thus women’s participation in
the parliament was symbolically significant in Turkey’s efforts towards
establishing an independent and modern state. For instance, in the 1935
elections where an informal quota system was implemented, 4.6% of the elected
395 members of the parliament were women. In 1946, with the introduction
of the multi-party system, the ratio of women parliamentarians declined
to around 2%. According to the election results of the last 20 years, 1.3%
of the 450 MPs in 1983 and 1.8% of the 450 MPs in 1991 elections are women.
-
b) Cabinet: The number of women in government,
since the time they obtained suffrage rights, has remained extremely limited.
From 1935 onwards, only 5 women have held ministerial positions 10 times
in different governments. The governments that included the first woman
ministers were the care-taker governments of the extraordinary period between
1971-73. In these governments, the Ministry of Culture, and the Ministries
of Health and State, were occupied by women. It was only after the 1987
elections that an elected woman MP could take part in the government. In
the three cabinets formed until 1992, a woman MP served twice as the Minister
of Labor and Social Security and another as the Minister of State.
-
The first coalition government formed
by True Path Party (Doðru Yol Partisi – DYP) and Social Democrat Populist
Party (Sosyal Demokrat Halkçý Parti – SHP) which came to power in 1991
included two women as Ministers of State; one responsible for the economy,
the other for women’s affairs. This is the first time a state ministry
was delegated with the responsibility of issues concerning women.
-
On the other hand, in the 1993 DYP-SHP
coalition, a woman elected as the DYP leader became the Prime Minister,
while the Minister of State responsible for women’s affairs preserved her
seat in the cabinet.
-
c) Local Government: Women are even less
represented in local administrative councils. While in 1984 only 0.3% of
the 2202 members of the Provincial Council were women, the ration had only
increased to 0.8% of the 2653 members in 1989. On the other hand, while
no woman mayor was elected in 1984, in the 1989 mayoral election 0.2% of
the positions were occupied by women. In the last local elections, according
to unofficial results, which took place in March 1994, 0.4% of the mayoral
seats and 0.9% of the 3018 Provincial Council seats were taken by women.
-
The percentage of female members of the
Municipal Councils is 0.6% for 1984, 0.7% for 1989. According to unofficial
results of the 1994 local elections, this rate is 0.9%. 54% of these women
are concentrated in the large cities such as Ankara, Istanbul and Izmir.
Women representatives in local government councils are mainly from left
wing parties.
-
d) Political Parties: There are no reliable
data about female membership to political parties. However, according to
declarations made by political parties, the ratio of female members is
around 20%. Although before the 1980 military intervention women were able
to organize around women’s branches of political parties, the constitutional
change that followed in 1982 imposed restrictions on women’s representation
in decision-making and execution bodies of political parties. However,
after 1983, volunteer women units have been established in all parties.
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Another step towards increasing women’s
activities in political parties has been taken up by SHP in 1990 when the
party introduced a 25% quota in provincial and municipal administrative
councils. Despite these measures, up to date, only 3 women have reached
the position of party general secretary so far. Presently, only the leader
of the ruling DYP is a woman; she is also the Prime Minister.
2- Participation in Public Administration
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Public administration offers the major
employment opportunity for women with higher education. As a result, it
contains a highly qualified group of women. However, women are a minority
within the decision-making mechanisms. The position of women in the decision-making
mechanisms of the public sector are presented below, separately for central
government, local government and foreign service.
-
a) Central Administration: Research on
women’s work life shows that women are concentrated in central administration.
Between 1938, - when the first statistical data about women employees became
available – and 1990, the number of women civil servants increased approximately
26.5 times and for men 6.3 times. For instance, in 1980 women employed
in central government was 24%; in 1986 this rose to 26.7% and in 1990 to
30.4%.
-
According to 1993 figures, 51.2% of women
employed in central administration work in education services, 30% work
in general administration, and 6% work in health services. Women employed
in these fields make up 86% of all women working in central administration.
The number of women employed in the service sectors has been increasing
since 1976. Women also make up the majority of those employed in the legal
services. The participation ratios of women in professions such as medicine,
judiciary and engineering are lower than those of men; they are, however,
higher than those of developed countries.
-
A further analysis of the qualifications
of woman employees in the central administration reveals that they have
a higher level of education than their male counterparts. However, average
age and number of years worked are lower for women than men. This indicates
that women are excluded from work at a young and productive stage of their
life. The laws regulating the work conditions for civil servants allocate
for women the right for a 9 week pre- and post-natal paid leave, 6 months
of unpaid leave and early retirement. Although these are positive and supportive
provisions for working women, in practice, they may affect the promotion
of women to upper administrative positions adversely. For instance, since
1920, only 3 women have served as under-secretary or acting under-secretary.
The situation with regard to upper administrative bodies is also less than
satisfactory. The rate of woman administration in general was 6% in 1985;
this rate fell down to 4% in 1989. The rate has remained more or less constant
at 4.2% in 1990 even when women in middle level administrative positions
and inspectors are included.
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The employment figures for the ministries,
where women work intensively, are also revealing. The ratio of women in
high administrative positions in the Ministry of Education is 11.5%, and
18% for the Ministry of Health. The available data show that women tend
to reach administrative positions more in social and support institutions
rather than technically oriented ones. According to 1992 data, the Ministry
of Tourism ranked the highest with 32% women administrators. However, these
women were mainly employed in the less technical areas. Table I, in the
appendix, shows the ration of men and women in administrative positions
in selected ministries.
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A major development after 1985, in the
field of women’s representation in upper administration, has been the appointment
of a woman governor and three woman deputy district governors. However,
one of the crucial fields within bureaucratic decision-making, i.e. finance
inspectorate, continues to exclude women.
-
b) Local Government: The proportion of
women civil servants employed in local administrations was 11.8% in 1982,
13.8% in 1986 and 18% in 1990. Despite the increase in the ratio of women
who are employed as a civil servant, the ratio of women who are employed
as laborers is only 1%. This is particularly significant since the latter
earn considerably higher wages.
-
The number of women administrators in
local government, with the exception of political representatives, is also
low and limited to large cities. In 1990, the proportion of woman administrators
in the municipalities ranged from 10% to 19%, reaching the highest in the
three main cities, Ankara, Istanbul, Izmir, with 19.7%, 19.3% and 15.4%
respectively. Furthermore, similar to central administration, women administrators
at the local level are in charge of units designed for support purposes
as well. Another issue worth mentioning in relation to local government
is the fact that different parties that hold office display differences
in their approach to the roles and responsibilities of women in administrative
posts.
-
c) Foreign Service: The proportion of
women employed in the foreign branches of public institutions was 11.8%
in 1980, 11% in 1986 and 15.1% in 1990. The first woman ambassador was
appointed in 1985. According to 1994 data, 15.4% of professional civil
servants and 2.5% of ambassadors in the Turkish foreign service, are women.
In addition, the proportion of women working in the foreign service as
head of department and general manager is 12%.
3- Participation in Private Sector
Management
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In the private sector, data from 1993
indicates that, while 7% of women are self-employed, 0.46% are employers.
Since 1985, there has been an increasing trend in women’s participation
in the private sector, working independently or as employers. Women entrepreneurs
are mainly oriented towards service, manufacturing and commerce sectors.
On the other hand, there is an increasing number of women executives in
finance and in banking institutions of the private sector.
4- Professional Associations
-
Professional women in Turkey concentrate
mainly in the following occupations: pharmacology, medicine, dentistry
and law. In 1990, 20.1% of the members of the Board of Chambers of Pharmacists
were women; this ratio was 5.6% for physicians, 8.8% for dentists and 7.4%
for lawyers.
5- Participation in the Academic
Institutions
-
Although the proportion of women in the
academia is 32% (1991-1992), they are extremely underrepresented in administrative
posts. Throughout the history of the universities, there has been one elected
and one appointed woman rector and it is noteworthy that currently there
is not a single woman among the 53 rectors. in the 1993-1994 academic year,
only 8.6% of the 325 faculty deans in the 52 universities were women.
B- MECHANISMS FOR THE ADVANCEMENT
OF WOMEN
-
The initiatives undertaken both by the
state and NGOs, within the past decade, to establish and develop mechanisms
that will promote woman’s advancement in all fields, has had two dimensions:
First of all, significant steps were taken towards the establishment and
expansion of an efficient national mechanism in the public sector; secondly,
the approaches of the state and the NGOs, with respect to women’s problems
and status in society, became diversified and non-conventional. Perhaps
the most significant gain of the past decade, for women, has been the questioning
of the traditional patriarchal structure and relations in society, and
the critique of the socio-cultural mechanisms that reproduce this structure,
both by the women’s movement, as well as by institutions created by the
state. Non-traditional discourses and policies have been adopted for the
enhancement of women’s social status and such concepts as “women’s identity
as an individual”, “women’s rights as part of human rights” and “women’s
consciousness raising” dominated the terminology of the field. These are
all indicative of the changes in attitude and outlook.
-
National Mechanisms
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Within this framework, in 1990, in conformity
with both international resolutions and the targets and policies of the
Sixth Five-Year Development Plan, as a national mechanism for the enhancement
of women’s status, the General Directorate on the Status and Problems of
Women (DGSPW) was established within the Ministry of Labor and Social Security.
In 1991, the General Directorate became attached to the Prime Ministry
and continued its functions within the Ministry of State responsible for
Women’s Affairs and Social Services, which consists of two other General
Directorates: General Directorate of Family and Social Research and General
Directorate of Social Services and Protection of Children.
-
The General Directorate is designed as
the main national service unit within the Undersecretariat and performs
its obligations with a limited budget and personnel. The number of staff,
which was only 5 in 1991, increased to 42 in 1994. While the General Directorate’s
share from the national budget was 0.001% in 1991, this share rose to 0.002%
in 1994. The provincial organization still remains to be established.
-
The Ministries of Health, Agriculture,
and Rural Services and National Education, which all undertake activities
directly related to women, each have special departments in which relevant
services are carried out. It is essential that similar units be established
in other ministries and public sector institutions which are directly involved
in development.
-
In 1985 a “Women’s Sector” has also been
incorporated into the activities of the State Planning Organization, which
determines national targets for education, teaching, employment and health
and formulates strategies, measures and policies in accordance with these
targets.
-
Moreover, the “Social Structure and Woman
Statistics” Department of the State Statistics Institute, established in
1993, with the cooperation of the General Directorate on the Status and
Problems of Women, has started to generate and make available gender-differentiated
statistics.
-
Universities have opened centers and programs
to contribute to the enhancement of women’s status through research, seminars,
etc. These are:
- Istanbul University, Center for
Women’s Issues Research and Implementation (1990)
- Marmara University, Center for Women’s
Labor Force Research and Implementation (1990)
- Ankara University, Center for Women’s
Issues Research and Implementation (1990)
- Middle East Technical University,
Women’s Studies Master’s Program (1994)
-
Local Governments
-
Women’s commissions established within
local governments started to carry out projects for women in 1990. However,
these activities are confined only to municipalities in big cities. Therefore,
they need to be expanded throughout the country and encourage women to
organize beyond their traditional roles, so that they can effectively integrate
into the public sphere.
-
Volunteer Organizations
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The ‘Women’s Commissions’ which have been
launched under all labor unions since 1993, aim to take the necessary measures
to ensure economic and social rights of woman workers. However, since these
commissions hold an insignificant place within the decision-making mechanisms
of the unions, they are not effective in introducing women’s rights as
a separate issue in collective bargaining.
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The volunteer women’s organizations in
Turkey have a diverse historical background and a heterogeneous structure.
Aside from numerous friendship, culture and charity associations, which
are sensitive to the issue of women, there are 211 associations and organizations
which are specifically women oriented. Especially after the 1980s, in addition
to formal women’s organizations, discussion platforms have gained importance
within the women’s movement. These platforms organize campaigns geared
towards creating an ongoing public opinion about gender equality and advocate
solutions for women’s problems. Moreover, since 1990, various centers that
specialize on the issue of violence and women have been established. The
“Women’s Library and Information Center Foundation” performs the function
of collecting all research material, publications, statistical data, legal
texts, newspaper articles and documents related to women’s issues.
C- COMMITMENT TO THE ACHIEVEMENT
OF WOMEN’S RIGHTS
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The commitment towards achieving and maintaining
women’s rights is reflected, first and foremost, in the legal system, and
can be examined within the framework of the following laws:
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The Constitution
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The Civil Code
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The Criminal Code
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The Labor Law
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The Turkish Citizenship Law
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The Constitution
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According to Article 10 of the
Constitution of the Republic of Turkey, citizens cannot be discriminated
on the basis of their gender. Furthermore, Article 12 of the Constitution
states that all individuals have personal, inviolable, untransferable vested
basic rights and liberties, and the same Article with the use of the word
“all”, stipulates that there is no difference between men and women.
2. The Civil Code
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Despite the principle of gender
equality and the prohibition of gender based discrimination by the Turkish
Constitution and by international agreements such as CEDAW, contradictory
articles are encountered in the law. Below is a list of the articles regarding
such issues as; household head, the responsibility to nurture the family,
surname, place of residence, housing, representation of the conjugal unity,
material possessions, profession and arts, legal procedures, custody of
children, divorce and inheritance; all of which are inherently contradictory
with the principle of gender equality.
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According to Article 153 of
the Turkish Civil Code, the husband is the head of the conjugal unity.
Article 152 leaves the wife in the care of the husband. The concept of
a household head , which is outdated for the modern society, is clearly
against the principle of equality stipulated in CEDAW’s articles 15/2 and
16/c. Moreover, leaving the husband in charge of the wife’s and the children’s
care s also contradictory to the equality of spouses.
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According to Article 153 of
the Turkish Civil Code, a woman carries her husband’s surname and Article
21 of the same code suggests that a woman’s place of residence is her husband’s
place of residence. These codes are in contradiction with CEDAW’s Article
16/9 which states that spouses have equal rights to their surnames and
Article 15/4 which grants spouses the right to reside in different places.
According to Article 154 of the Turkish Civil Code, the husband represents
the conjugal unity; this is contradictory to Articles 16/c and 15/2 of
CEDAW, which stipulate that spouses should have equal rights within the
marriage unity and that no discrimination should be made between sexes
in terms of legal rights and equal opportunity.
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Although the division of material
possessions as stipulated by Article 170 of the Turkish Civil Code appears
to be in conformity with the principle of equality between spouses, in
practice it results in complete inequality. This division does not take
into consideration the domestic labor of the housewife who does not work
outside the house but contributes to the well-being of the family and to
the accumulation of family assets by managing household affairs. The concentration
of material goods, acquired at marriage, with the husband, may leave the
wife astray in case of divorce or the husband’s death.
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Article 159 of the Civil Code,
which granted the husband the right of control over the wife’s professional
or artistic activities, has been annulled by the Constitution Court in
1990 on the grounds that it is contradictory to the principle of equality.
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According to Article 169 of
the Civil Code, the validity of legal procedures carried out by the wife
with third parties in favor of the husband depends upon a court decision.
This again is in violation of Article 15/2 of CEDAW.
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In relation to custody, according
to Article 263 of the Turkish Civil Code, the mother and father have joint
custody over their children throughout the duration of marriage, but in
case of a dispute, the father’s decision is valid. This is in contradiction
with Article 16/d of the agreement.
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Divorce procedures have been
simplified with the 1983 amendments of the Civil Code. If a request for
divorce, in accordance with reasons recognized by the law, is declined
by the judge and a “joint life” cannot be re-established within 3 years
form the date of the decline, the request of one of the spouses is sufficient
for the court to approve the divorce. Certainly, to make divorce more difficult
and to subject the spouses to an unwanted marriage is not desirable. Yet,
as long as equal property rights and a system providing for the protection
of divorced women are not adopted, measures that make divorce even easier
may not always be to the advantage of women.
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Both women and men have equal
rights to inheritance, however, there is discrimination against women in
agricultural enterprises. The agricultural property of the deceased is
first allocated to the sons who have demand over that property. Although
this article is introduced in order to prevent the fragmentation of agricultural
land, it is against Articles 14/2 and 15/2 of the Agreement and Article
62 of the “Nairobi Forward Looking Strategies”.
3. The Criminal Code
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There are gender discriminatory
articles in the Turkish Criminal Code. The most significant ones being
Articles 440 and 441. In these articles, adultery has been defined separately
for the husband and the wife. A married woman can be charged with adultery
if she has had sexual intercourse with a man other than her husband only
once. This is not the case for the husband, for whom it must be proven
that he has a continual and prolonged relationship with another woman.
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Moreover, Articles 419 and 414
of the Criminal Code have different arrangements for rape and rape attempts
and different penalties are foreseen in accordance with these arrangements.
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According to Article 30 of the
Criminal Code, the penalty for abduction of a girl or a woman if committed
with the purpose of marriage, is reduced to half. Since the reduction in
penalty is based on a factor beyond the act of the crime and the will of
the victim, it can not be accepted as a legitimate cause. Moreover, Article
429 of the code stipulates different penalties for the abduction of married
and single women and gives heavier prison sentences to those who abduct
married women. This violates the basic principles of human rights as well
as the correspondence between crime and punishment. What is at stake here
is the need to protect the rights of the individual, irrespective of the
status of that individual.
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Although Article 110 of the
Civil Code does not recognize a religious wedding ceremony unless a civil
marriage has also been performed, violation of the law in this regard is
becoming increasingly widespread. The Criminal Code foresees sanctions
for those who conduct a religious marriage without seeing the official
marriage certificate (Article 237, Paragraph 3) and the men and women who
indulge in such act (Paragraph 4). However, the law has been ineffective
in preventing both polygamy and the punishment of the violators.
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Finally, in the Turkish Criminal
Code, there is no such concept as intra-marital rape. Yet, it is a well
recognized value that sexual intercourse between spouses should be based
on mutual consent. Otherwise, one spouse may become subjected to the demands
of the other, thereby violating the principle of the equality of the spouses.
Therefore, an article stipulating intra-marital rape as a crime needs to
be introduced into the Turkish Criminal Code.
4. The Labor Law
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There are two types of regulations
with regard to women in the labor legislation. The first set of regulations
prevent women from undertaking dangerous work, while the second set relate
to protective measures of maternal functions of women.
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There are discriminatory articles
in the Labor Laws regulating work life and social security. Article 81
of the Labor Law states that establishments employing more than 100 or
150 women should have nursing rooms and those employing more than 150 should
provide nurseries. However, in practice, the employers keep the number
of their woman employees below these limits and thus constrain work opportunities
for women. Article 191 of the Law for Civil Servants foresees the establishment
of similar services.
-
Article 17 of the Labor Law
allows the employers to cancel the work contract in case of pregnancy or
birth.
-
There are different practices
in pre- and post-natal leaves between woman laborers and civil servants.
Article 70 of the Labor Law prohibits the employers from putting to work
female laborers for 12 weeks – 6 weeks before and 6 weeks after delivery
– and stipulates that the worker may take unpaid leave up to 6 months after
the 6 week post-natal leave. Article 104/a of the Law for Civil Servants
grants only 3 weeks pre-natal leave. The post-natal leave and the rights
to unpaid leave are similar to those of the female laborers.
-
There is no regulation for the social
security of housewives except for Article 79 of the Bað-Kur Law. However,
since this is a voluntary social security system it does not provide a
solution to the social security needs of housewives.
-
Although the Turkish Constitution and
international agreements refer to social security rights of all employees,
woman workers in the agricultural sector have been grossly neglected. The
Social Security Law provides a voluntary social security system for independent
and self-employed agricultural workers. This law states that men and women
over the age of 22 can make use of social security rights. This excludes,
from social security benefits, woman agricultural workers who are not the
head of their households and those who usually work as unpaid family laborer.
Although Article 60 of this law stipulates that unpaid family workers over
the age of 18 may subscribe to the social security system, in practice
this is not actualized. This situation is in violation of Article 14/c
of CEDAW.
-
The unionization rights of workers have
been regulated by the Trade Union Law. However, workers, especially those
employed in the private sector, avoid using their union rights and liberties
with the fear of losing their jobs. An employer who dismisses an employee
can avoid paying the compensation which is foreseen by Article 13 of the
Labor Law, in accordance with Article 17/2 of the same law. Under such
circumstances, the burden of proving the bad intention of the employer
falls on the worker.
5. The Turkish Citizenship
Law
-
The Turkish Citizenship Law is egalitarian
in principle. However, while a foreign woman married to a Turkish citizen
is automatically granted Turkish citizenship (Article 5), the same right
is not granted to foreign men married to Turkish women. Furthermore, a
woman who is stateless is entitled to Turkish citizenship due to her marriage
to a Turkish citizen (Article 15). Again, such a right is not granted to
foreign men of no nationality. Both provisions are contradictory to Article
9 of CEDAW.
-
Democracy and human rights are founded
on the principle of equality. Although a legal regulation does not guarantee
equality in practice, it nevertheless provides the basis for the legitimacy
of equality and serves as a factor that stimulates social change. In this
regard, despite the numerous advancements made, the Republic of Turkey
has not been entirely successful, particularly in terms of fulfilling its
commitment to amend the discriminatory aspects of its legislation within
the framework of CEDAW and the Nairobi Forward Looking Strategies.
-
The Draft Amendment of the Civil Code
prepared by the State Ministry responsible for women’s problems, has been
submitted to the Parliament in 1993, but it has not been passed yet. If
the draft is ratified , the problems expressed above will be eliminated.
-
On the other hand, Turkey has remained
faithful to some of its international commitments. Steps have been taken
towards the establishment of a national mechanism in accordance with Article
1 of the “Nairobi Forward Looking Strategies” Agreement (see Section B
of this report).
D- POVERTY AND DEVELOPMENT
-
Turkey is on of the few countries where
food self-sufficiency is achieved. Therefore, it is not possible to talk
about overall starvation and absolute poverty. However, due to high population
increase, integration into market economy which brings with it economic
fluctuations, uncertainties and inequalities, and the inability of the
system to generate sufficient employment opportunities, there is widespread
relative poverty. The ways in which women experience poverty differs in
rural and urban contexts.
-
Rural Areas
-
The process of integration of Turkish
agrarian structure into market economy has accelerated after 1960, thus
making the use of expensive agricultural inputs unavoidable. Small producers
(those with less than 10 hectares of land) and the landless agricultural
workers, who together constitute 80% of the rural population, became drawn
into a new state of existence, requirements of which well exceed their
resources and know-how. This often means survival near levels of poverty
for many of the rural households. According to the results of the Income
Distribution Survey, conducted by the State Statistics Institute in 1987,
56% of the rural population (15.7 million) earn less than the minimum rural
wage and 14% (4 million) are under the poverty line.
-
Non-agricultural income constitutes a
significant part of the income of rural households. Salary and wages make
up the largest proportion within the non-agricultural income, whereas income
earned from commercial ventures comes second. In other words, those who
engage in agriculture under conditions of market economy, fragmented and
unproductive small-scale agricultural enterprises have failed to provide
a livelihood for the increasing population, pushing men to seek work in
the non-agricultural sectors. This increases the responsibilities and workload
of the women remaining behind. The labor of rural women, in terms of subsistence
and domestic production, is difficult to replace. Furthermore, female labor
has the flexibility to take over much of the work done by men, if needed.
The same is not the case for male labor. Therefore, the poor rural households
overcome their bottleneck, by and large, through increasing the work hours
of women. Another dimension of male and female labor is the inequality
in wages (Table 2). One of the reasons for this inequality is the fact
that women do labor intensive, non-mechanised, unproductive and undervalued
work. Again, according to 1987 survey, the monthly spendable income of
women, who are heads of their households, is lower than that of men. Although,
according to 1990 data, the ratio of women who are heads of the rural households
do not exceed the 7%, the effect of rural poverty is greatest on these
women.
-
Due to poverty, permanent and seasonal
migration of men has become a lifestyle. The women pass their lives waiting
for their husbands who come home once in a while, while their children
grow up, more or less, without fathers. This is yet another dimension of
the problem of rural poverty for women.
-
A radical solution to the subsistence
crisis caused by rapid population growth and structural transformations
in agriculture appears to be possible through the establishment of rural
industries which can create local employment opportunities for rural labor.
Therefore, on the one hand, while this will create new work opportunities
supportive of human honor and labor, on the other hand, a gradual shift
from unproductive agricultural enterprises towards the non-agricultural
sector will be encouraged.
-
Urban Areas
-
Large cities in Turkey have experienced
intensive internal migration and thus, a rapid and unhealthy process of
urbanization, starting in the 1950s and intensifying especially after 1970.
Within this process, gecekondu’s (shanty towns) occupied the outer-skirts
of the cities, where buildings had no license, did not comply with any
standard, lacked infrastructure and other urban services. While in 1955
4.7% of the urban population lived in the gecekondu’s, this figure reached
23.6% in 1970. A 1984 study reveals that more than 50% of the population
of the three major Turkish cities, Ankara, Istanbul and Izmir, live in
the gecekondu. Women, in their everyday struggle for survival, experience
the difficulties caused by environmental and infrastructural problems in
these areas more than men do.
-
The dwellers of the gecekondu live at
the margin of urban standards. As such, their needs and demands are determined
within a different frame of reference and since they maintain a strong
linkage with their village they tend to have diverse and flexible sources
of livelihood. Therefore, despite all the adverse conditions in the gecekondu,
this marginality, in fact, offers alternative strategies to women, in making
ends meet towards family subsistence, whereas the low and fixed income
families living in the city proper are the most constrained by urban poverty.
They face the dilemma of having to keep up with a middle class urban standard
of living without a corresponding access to sufficient resources. The women
in these families must perform miracles to maintain the household sustenance.
-
Thus in both rural and urban areas poor
women do not have the opportunity to earn an income which will enable them
to live as independent individuals. Furthermore, the responsibility they
carry in managing limited household resources places the weight of poverty
most intensely on their shoulders.
-
While these women contribute significantly
to family welfare as well as to the national economy, their role is grossly
unacknowledged, underrepresented or simply overlooked.
-
Development efforts, in most cases, have
been a top-down, male-oriented, growth centered process and in rural areas
women’s integration into this process often resulted in either their greater
seclusion from public life or greater exploitation of their labor without
a corresponding alleviation in status, autonomy and active participation.
-
Rural development projects implemented
in Turkey, so far, reveal that little success has been achieved in terms
of initiatives to integrate women into the development process. Although
improvements in village infrastructure, literacy courses, conventional
mother-child care and home economics programs have benefited women in their
own right, such approaches continue to define women as passive receivers
of welfare provisions. Furthermore, such activities have little bearing
on women’s productive capacities, thus, in contributing to the eradication
of poverty.
-
The first and comprehensive discussion
of women in development (WID) issues at the governmental level took place
at a conference in relation with the Erzurum Rural Development Project
in 1987. Since then there has been a growing awareness, on the part of
the policy makers and planners, to emphasize the significance of identifying
women as special target groups whose active participation is targeted.
Almost all rural development projects undertaken since 1990 have included
a woman component in the project design. In addition, all project bids
require a WID expert on the team of experts who will prepare the projects.
Although desired results have not yet been realized, these are significant
accomplishments in the field of WID.
E- ACCESS TO PRODUCTIVE RESOURCES
-
The mechanisms which will enable women’s
access to resources that will increase their productivity and participation
in economic activity are insufficient. The most important of such mechanisms
are credit, property rights and agricultural extension.
-
Use of Credit
-
Although bank legislation do not have
any discriminatory or restraining provisions to prevent women from obtaining
mortgage or any other type of financial loan, in practice, women have limited
access to formal credit. Currently, new measures are being taken to encourage
women to apply for loans. However, neither the allocated funds, nor women’s
awareness about credit opportunities have reached a sufficient level.
-
The lack of gender based data about credit
use makes a detailed analysis difficult. However, it is common knowledge
that women make much less use of loans than men do. A study carried out
by the World Bank in 1991 also supports this assumption.
-
a) Bank Loans: The World Bank Study is
based on the records of three public banks; Ziraat Bank, Halkbank and Vakýfbank.
-
In Turkey, agricultural credits are provided
by Ziraat Bank. Despite regional differences, the data of Ziraat Bank shows
that there is an imbalance between women’s share in total deposits and
their share in total credits. Women’s share in total deposits is 26.3%
and share of depositors is 26.1%. However, the share of loans used by women
in the total amount of loans is 2.8% and the ratio of women borrowers is
3.3% (Table 3).
-
The data of Halkbank shows that deposits
held by women makes up 38.5% of all deposits, while the percentage of women
depositors is 12.5%. Despite their large volumes of deposit, the low share
of women as borrowers is quite evident. While the share of loans received
by women in the total amount of loans is 7.3%, their share in commercial
loans is lower than that of retail loans. As might be expected, the share
of loans received by women for domestic activities is the highest with
61.3%.
-
According to the Vakýfbank data, the share
of deposits held by women within the total amount of deposits is 10.1%,
whereas the percentage of woman deposit holders is 13.2%. Again, the share
of credits received by women is low. The share of credits received by women
within the total loans is 6.2% and the percentage of woman borrowers is
3.2%. In Vakýfbank, as in the Halkbank,, women make more use of retail
loans than commercial loans (Table 3).
-
The basic factors that account for women’s
low level participation in credit mechanisms are: difficulty in showing
collateral due to lack of property; lack of information about credit opportunity;
high risks involved in being a small-scale and inexperienced debtor; social
and cultural habits, among others.
-
The agreement for a project for the establishment
of a Credit Guarantee Fund for Small and Medium Scale Enterprises, employing
1 to 100 workers, has become effective as of 1993 within the framework
of the technical cooperation agreement between Turkey and Germany. This
fund will serve those entrepreneurs, male or female, who have difficulty
in showing collateral.
-
b) Special Credit for Women: First initiatives
for developing special credit for women has been within the context of
programs designed to encourage and support small-scale woman businesses.
-
The resolution on the “Principles for
Encouraging and Directing Investments and Services and Entrepreneurs Earning
Foreign Currency” went into effect in the beginning of 1993. Halkbank offers
two types of loans to women entrepreneurs within the framework of this
resolution.
-
The first type of credit is offered through
the cooperation of the Directorate for Developing and Supporting Small
and Medium Scale Industries (KOSGEB) and Halkbank. This is a loan of a
limited scale, issued for woman entrepreneurs who need to buy the necessary
machinery, looms and equipment for individually or collectively done work
at their homes, in carpet and kilim weaving, knitting, food production,
catering and similar activities. Only 10% interest is charged for this
credit. The term of the credit expires at the end of 3 years and the bank
requires a collateral.
-
As of April 1994, 2938 applications have
been received for this credit of which 2526 have been approved, 665 of
the approved projects have been granted the right to receive the credit,
but only 238 projects have actually received the credit, due to insufficiencies
in transfer of funds from the Treasury. Among the project applications
approved by KOSGEB, 2293 are in manufacture of garments and knitwear, 120
in carpentry, 21 in food and 92 in other fields of activity.
-
The second type of credit, which is called
“Credit for Women and Young Entrepreneurs”, has been launched directly
by Halkbank in the light of the experiences of the first type of credit.
This credit is made available to women entrepreneurs who wish to engage
in service oriented activities, as well as those included in the first
type of credit. The interest rate is 40% and is offered on the basis of
an establishment credit not exceeding 30% of the operation cost. The resource
allocated for this credit is 1.5 trillion Turkish Liras. As of April 1994,
the total number of applications is 254 and the total amount of credits
granted is 9 billion Turkish Liras.
-
Within the framework of special credits
for women, Vakýfbank offers credit up to 50 million Turkish Liras to women
producing or planning to produce domestically. The loan is made available
for the purchase of looms or equipment for sewing, embroidery and catering.
Moreover, this bank has been the pioneer in encouraging non-domestic production
by offering 250 million Turkish Liras credit to women who work in non-tradition
fields of activity. The most significant aspect of the credit is the acceptance
of two civil servants or two income earning housewives as guarantors. As
of April 1994, 11 women have received credit amounting to a total of 750
million Turkish Liras.
-
Property
-
Land Property: As indicated in section
C of this report, there is no legal inequality between men and women with
regard to land ownership. However, law on inheritance has provisions that
allow for gender discrimination in agricultural land ownership. The reason
behind this is to prevent further division of the already existing small
agricultural enterprises. The social tendency for women, in the rural areas,
is to give up their rights over land in favor of their brothers.
-
b) Urban Property: In Turkey as a whole,
73.1% of real estate is owned by men, while 8.7% belongs to women (Table
4). In the cities, this ratio is 68.3% for men and 12.7% for women. The
discrepancy, in favor of men, is even greater in rural areas. Although
joint ownership is higher in the urban areas as opposed to rural areas,
it is only 5.6% in all of Turkey. The pattern of property ownership observed
between men and women is also valid for male and female children.
-
Agricultural Extension
-
Agricultural extension programs started
in 1937 by the General Directorate of Rural Services in Ministry of Agriculture.
The extension programs designed for women are confined to home-economics
activities with the objective of improving the well-being of the family.
These activities have generally aimed to enable women to meet the basic
re-productive needs. Since the 1980’s, extension programs for women began
to include income-generating activities as well. This partially addresses
the requirements of changing conditions. However, production oriented extension
services continue to define male farmers as their target population. It
is generally assumed that the information will trickle across to the wives.
As a result, women have indirect access to the information and technology
related to their work.
-
The Agricultural Extension Implementation
and Research Project (TYUAP II, 1991-1994), conducted by the Ministry of
Agriculture, has attempted to develop new approaches, to ensure that more
effective extension can reach women.
F- INEQUALITY IN EDUCATION, HEALTH
AND EMPLOYMENT
-
Education
-
The underdevelopment phenomenon
that characterizes the social structure in Turkey immediately reflects
itself in gender inequality in education. The main reasons for this inequality
are; the use of limited economic resources selectively (a continuation
of patriarchal values), and as a result of increasing internal migration
and rapid urbanization, social and cultural inconsistencies, regional disparities
and increasing influence of religious education over the secular educational
institutions.
-
The most obvious indicator of
gender inequality in Turkey is the disparity in the rates of literacy.
Despite a significant drop in the rates of illiteracy for women in the
last decade, one third of Turkish women are still illiterate. In 1980 the
rate of illiteracy among women over the age of 15 was 60.3%, in 1985 this
rate fell to 35.7% and to 31.0% in 1990. This implies a clear case of disparity
when compared to the situation of men (the illiteracy rate for men was
25.5% in 1980, 12.4% in 1985 and 10.2% in 1990). The disparity in literacy
is even more striking between rural-urban areas and different regions (Tables
5 and 6).
-
The schooling rates for boys
and girls in the compulsory primary school level (5 years) are similar.
These rates are 85.4% for girls and 91.9% for boys in the 1991-92 academic
year. However, in secondary and higher education institutions, the number
of female students drops sharply. Gender inequality in education increases
parallel to the level of education. For instance in the 1991-92 academic
year, 53.2% of girls have continued on to the secondary school after completing
their primary school education, whereas this rate is 72.8% for boys (Table
7).
-
There are regional disparities
in attendance and completion of higher education institutions in general.
The differences between the levels of education of men and women are the
greatest in the less developed regions of the country. In Eastern and Southeastern
Anatolia, where economic limitations and traditional values act as a constraint
on the education of women, the situation is further frustrated by the ongoing
armed conflicts. In the last four years many schools have been shut down
for security reasons and the students have had to attend schools in the
vicinity or more distant locations. Female students are directly affected
by this situation, because of restrictions on their physical mobility.
-
The secondary school education
is carried out in “vocational-technical” and in “general” schools. The
number of female students in both types of schools is low and systematically
decreases as the level of schooling increases (Table 8).
-
The completion rates for secondary
schools reveal that the ratio of female students in “vocational and technical”
education is higher than that in “general” education and the former has
shown a faster rate of increase in the past decade (Table 8). This has
important implications for the education and social position of women,
since vocational and technical education, which aims to prepare students
for income generating activities and jobs in the market, is increasingly
shifting to a religious education, with an emphasis on traditional women’s
roles.
-
In a country such as Turkey,
where the majority of the population is Muslim and patriarchal values dominate
social relationships, gender equality has, more or less, prevailed as a
result of secular education. In the past decade, however, religiously based
secondary school education has been on the rise and the proportion of female
students in these institutions is also rapidly increasing.
-
The religiously oriented schools
offer secondary education within the vocational-technical school system.
The proportion of female students in vocational-technical secondary schools
has increased from 33.47% in 1982-83 to 35.19% in 1991-92. In other words,
the increase observed in the ratio of female students in vocational-technical
secondary schools can be attributed to an increase in the number of girls
in schools with religious curriculum. This may be positive in quantitative
terms, however such education, in addition to reinforcing traditional female
roles, also fails to provide the female students with an education that
will create employment opportunities in modern social institutions. Thus,
in the long run, it can have an adverse impact on women’s status.
-
Although women’s participation
in higher education has shown an increase through the years, there is still
great disparity between the proportion of females and males. While during
the 1982-83 academic year the proportion of women in higher education was
31.35%, in 1990-91 this figure rose to 33.05%. Likewise, there is an increase
in the number of women university graduates (Table 9). Nevertheless, both
data reveal that the share of women in higher education is about one third
of the total.
-
With regard to the distribution
according to academic fields, the greatest number of women graduated from
schools of fine arts (56%), followed by medicine and health (48%), pedagogy
and teacher education (47%) and humanities (46%) (Table 9).
-
Although the trends in the above
distribution have not shown significant change, within the past decade,
some interesting variations have taken place. For instance, from 1982-83
to 1990-91, while the highest increase in the number of female graduates
has continued to occur in traditional fields such as humanities, fine arts
and education, where women’s participation has always been high, at the
same time a significant rise in the number of women graduates from non-traditional
fields of commerce and business administration is observed.
-
Another non-traditional field
for women, i.e. engineering, has risen from 18.7% in 1982-83 to 19.3% in
1990-91. These figures, which can be considered to be quite high, are somewhat
misleading since the “engineering” category includes engineering proper
as well as architecture and urban planning, and it is the latter two where
the female graduates are particularly high. For instance, while the ratio
of women graduates from engineering alone is 15%, and has shown a slight
decline in the course of the past decade, the proportion of women in architecture
and urban planning is as high as 61%. This is indicative of the fact that
women concentrate more on the less technical fields in engineering, which
are considered to be more “appropriate” for women.
-
As in other countries, Turkey
has a large concentration of women in the teaching profession. The highest
number of women teachers work in primary education (Table 8). However,
there is also a significant proportion of women in higher education (Table
9). In the 1991-92 academic year, 32% of all teaching staff in higher education
were women. The participation of women among university teaching staff
is much higher than the world average. However, the proportion decreases
universally with the academic hierarchy. Women working in the universities
tend to be employed in support positions which lack promotional opportunities,
such as specialist or instructor, thus revealing that the academic structure
is also stratified by gender (Table 10).
-
On the other hand, an important
dimension of women’s education is within the framework of informal education
programs, which have both negative and positive impacts on the overall
education of women. The training centers offering vocational courses attract
large participation. However, the number of women who attend the Koran
courses offered under the informal education programs have also been increasing.
On the other hand, the number of students attending the many unofficial
Koran courses is not reflected in statistics, therefore making it impossible
to know the quantitative aspects of such education.
-
Health
-
Children between the ages of
0-14 and women between the ages of 15-49 constitute 62% of the Turkish
population. This group, due to its physiological characteristics and health
problems, make up a special social category.
-
Women have a higher life expectancy
ratio than men. In 1990 life expectancy at birth was 66 for women and 63
for men; at the age of 1 this was 69 and 67 respectively. However, compared
to developed countries, the life expectancy levels in Turkey are considerably
lower.
-
A gender analysis of infant
mortality reveals that male babies have a higher level of death. Infant
mortality rate is still very high in Turkey, although it decreased from
92.0 per thousand in 1983 to 81.5 in 1988, and further to 52.6 in 1993.
In 1989 this rate was 65.08 per thousand for male infants and 59.34 for
female. There is significant regional variation by locality, for example,
the rate is 69.14 in rural areas, 47.78 in urban areas, 49.39 in the Western,
and 78.83 in the Eastern provinces.
-
The mortality rates for infants
in the neonatal and post-neonatal periods also display differences according
to locality and region. Throughout the years, a significant fall has been
observed in the rates of both categories. As shown below, the decrease
in urban areas is especially striking.
|
|
Infant Neonatal Mortality
Rate (per 1000)
|
Infant Post-Neonatal
Mortality Rate (per 1000)
|
|
|
|
|
Urban
|
Rural
|
Urban
|
Rural
|
|
1978
|
58
|
62
|
61
|
84
|
|
1983
|
31
|
50
|
28
|
74
|
|
1988
|
28
|
43
|
22
|
63
|
-
Child mortality, between the ages of 1
and 4, shows no difference for boys and girls. However, as in the case
of infant mortality, there are significant differences between regions
and settlement areas. Average mortality rate for children between the ages
1-4 was 23.7 per thousand in 1983, 16.8 in 1988, 8.8 in 1993. These rates,
which are especially high in the rural areas of certain regions, are caused
by limited access to health services, lack of education, a fatalistic attitude
and sexist cultural values. Moreover, the high infant mortality rates have
negative bearing on women’s fertility rate.
-
The data on inoculation shows that vaccination
rates are slightly in favor of girls. In 1993, 62.8% of boys and 66.2%
of girls were inoculated. Again significant differences exist between settlement
areas and regions; for instance, vaccination rate was 50.7% in rural areas
73.9% in urban areas, 76.0% in the West and 40.6% in the East. An another
aspect that needs to be considered is the correlation between the mother's
level of education and vaccination. While vaccination rates for children
of illiterate mothers is 45.8%, this rate is 70.8% for children whose mothers
are primary school graduates and 82.5% for children of mothers who have
completed secondary school or institutions of higher education.
-
Various studies carried out in 1974 and
1987 show that malnutrition rate for infants under 5 years of age has been
decreasing. While this rate was 20% in 1977, it dropped to 11.5% in 1987.
Failure to sufficiently supplement infant diet, weight during birth, mother's
diet during pregnancy, the family's economic conditions and the education
of the mother are some of the factors that influence malnutrition.
-
In spite of a gradual fall in the total
birth rate, the desired levels are not achieved yet. Birth rate, which
was 4.3 per thousand in 1978, decreased to 3.0 in 1988 and to 2.5 in 1993.
There is almost no difference between rural (2.9% per thousand) and urban
areas (2.3 per thousand), however, the difference between regions is considerable.
In 1993, the birth rate in western provinces was 1.9, whereas, in the East
it was 4.1.
-
During delivery, only 76% of women receive
assistance from trained health personnel and only 60% give birth in a health
institution. The distribution of house deliveries display large differences
in terms of settlement areas, regions and education of women and is complementary
with other indicators of mother and child care. In rural areas 59.2% of
deliveries are performed in the home, the same figure for urban area is
27.4%; 19.8% in the West, 69.6% in the East; 69.2% for illiterate mothers,
29.6% for primary school graduates and 12% for secondary and higher school
graduates. Home births with assistance from health personnel amounts up
to 24.8%, while home births with no professional assistance constitutes
24.3%.
-
Through the years the use of modern contraceptives
has increased. However, 1993 data reveals a slight decreases caused by
the fail in the use of traditional methods. Contraceptive use rate was
63.4% in 1988 and 62.6%in 1993. The use of modern contraceptive methods
has increased from 31% to 34.5% in the same years. There are a large number
of women who do not use any contraceptive method or use an ineffective
one, even though they do not want more children. The reason given, by nearly
a quarter of these women, for not using contraceptive is that their "husbands
do not want it".
-
According to 1993 data, the use of modern
contraceptives varies with the education levels of women. While only 24%
of illiterate women use contraceptives, the rate is 36% for primary schools
graduates and around 50% for graduates of secondary schools and higher
institutions of education.
-
Maternal mortality rates in Turkey are
30 times as high as those in developed countries. This rate was 208 per
hundred thousand in 1975 and 132 per hundred thousand in 1981. As in infant
mortality, maternal mortality in Turkey is also higher than that of countries
in the same income level. Lack of education, fatalism, the disparity in
the distribution of health services, lack of access to the existing services
and low status attributed to women account for the high maternal mortality.
-
Abortions is legal in Turkey. A law issued
in 1983 has legalized the voluntary termination of pregnancies not exceeding
10 weeks and the surgical sterilization operations. The law requires the
consent of both spouses for abortion, for married women. Although this
may pose a constrain on women, the introduction of the law, nevertheless,
has reduced the number of deaths, disease and defects caused by abortions
previously carried out by primitive means.
-
The high prevalence of anaemia in pregnant
women plays an important role in bleeding which is the primary reason for
maternal deaths. Although there is no nation-wide data, some small-scale
studies reveal that 74% of pregnant women were anaemic in 1974 and 50%
of adult women suffered from anaemia between 1986-88. It is particularly
alarming that in the Black Sea region, 95% of pregnant women have haemoglobin
levels under 11 grams.
-
The low status of women; eating from the
same dish, feeding and cooking habits; ignorance and negligence of personal
hygiene are some factors that have adverse effect on women's health.
-
Tetanus vaccination of pregnant women
is still quite insufficient despite the increase observed over the years.
The high number of home births increases the risk of neonatal tetanus considerably.
The percentage of pregnant women receiving tetanus vaccine was 11% in 1988,
15% in 1989 and 40% in 1993.
-
The limited data at hand suggest that
the number of AIDS cases and HIV positive patients has been increasing
rapidly and that there is concentration between the ages 25-49. The 3 big
cities: Istanbul, Ankara and Izmir have the largest number of AIDS cases
and HIV carriers, although a considerable number of cases and carriers
have also been detected in the relatively developed cities like Antalya,
Trabzon, Nev?ehir, Eski?ehir, Bursa and Manisa. While the number of AIDS
cases was 88 in 1992 and 201 in 1993, the number of HIV carriers was 153
and 315 respectively.
-
Turkey has set the following targets for
the year 2000 in the fields of maternal care and family planning services:
to bring down population growth rate under 2%; to reduce the interregional
differences in health indicators by 75%; to diagnose all pregnancies at
an early stage and ensure pre-natal care; to provide assistance from health
personnel in all deliveries; to reduce maternal mortality rate to 50%;
infant mortality rate to 20 per thousand and child mortality rate to 40
per thousand.
-
Employment
-
Despite the consensus, by all concerned,
over the importance of women's participation in the labor force for women
themselves, as well as, their families and the national economy, effective
measures toward this end have not been taken. Therefore, increasing women's
employment in jobs with social security, ensuring that women enter the
work life as qualified and skilled labor, developing the necessary training
programs to this effect, remain basic targets.
-
Women are intensively employed in the
agricultural sector in Turkey. According to 1990 data 82% of women work
in agriculture. Although, parallel to the general decrease in the overall
agricultural work force, the proportion of the total female labor force
working in agriculture has also shown a drop over the years, however, their
percentage within the agriculture sector has, in fact, increased. For instance,
while this rate was 53.5% in 1985, it reached 55% in 1990. This process
is in conformity with what has come to be referred in the literature as
"feminization of agriculture". However, 89% of women in the agricultural
sector are unpaid family workers and the ratio of paid women workers is
very low (3.2%).
-
Women, who are part of the economically
active population in the agricultural sector, may withdraw from the labor
market after migrating to the cities. While some of these women become
housewives, other particularly in the gecekondu, contribute to urban unemployment
or work at marginal jobs. This situation which is caused by the phenomenon
of rural transformation and migration, is the basic reason for the constant
fall in women's participation rates in the labor force. In addition, girls
who start working after primary school in rural areas tend to continue
on to secondary school in urban areas. While the Labor force Participation
rate (LPR) for women in 1988 was 33.8%, it fell to 30.6% in 1993. In rural
areas it was 48.2% whereas in the cities it was 15%. As suggested by these
data, women have limited employment opportunities in the formal sectors
in the cities. Nevertheless, these women many of whom are unskilled, instead
of working outside of their homes contribute to the family budget by working
as domestic workers or do piece work at their homes. In some cases, these
women are the basic providers for their families. Some of these activities
which constitute an important dimension of women's work in the cities often
are not reflected in LPR data.
-
In Turkey, where urban growth was not
accompanied by a parallel development in the employment infrastructure,
unemployment rates are rather high. Urban unemployment, which was 11.7%
in 1992, was 20.5% for women. Younger women are affected by this situation
more severely. The unemployment rate for women in the 20-24 age group is
as high as 32.5%. The rate for men in the same age group is 19.2%. Employment
opportunities for women improve as their level of education increases (Table
11).
-
There has been a shift from agriculture
to other sectors in female labor force participation in the 1980's. This
is largely due to a general fall in agricultural work force. While the
share of women agricultural workers within total female labor force decreased
from 87% in 1980, to 82% in 1990, during the same period, it has risen
from 4.5% to 6.4% in non-agricultural activities.
-
A review of the sectoral employment data
shows that women are represented the highest in scientific-technical profession
with 4.8% in 1990. On the other hand, high level executive positions have
the lowest proportion of women employees with only 0.20%. In all occupations,
however, an increase was observed in the employment of women in 1990. This
increase is the highest among commercial, sales and services workers (Table
12).
-
A significant part of the wage earners
in manufacturing, industry and service sectors is under the social security
program of Social Security Institute (SSK). However, women are underrepresented
in SSK due to their under-representation among wage earners. While the
number of women within Social Security Institute was 229.291 in 1985, the
number of men was 2.378.574. The proportion of women within the total was
only 8.8%; it reached 10.7% in 1993. Daily average wage based on the premium
was 7.6% lower for women than men in 1993.
-
In Bað-Kur, which is the social security
institution covering self-employed individuals, women's ratio is 9.37%
in 1990. The voluntary pension scheme offered to housewives by Bað-Kur
remains limited due to reasons, such as, high premiums, dependence on the
husband for making the payments and lack of information. Bað-Kur's agricultural
pension scheme addresses mainly men. Women can only subscribe to the scheme
as heads of their families thus enabling only widows or divorcees to make
use of the scheme. In 1992, only 2% of Bað-Kur pension scheme members were
women.
-
The Pension Fund (Emekli Sandiði), which
is the social security institution that provides pension plans to civil
servants, has the highest proportion of women members. In 1992, the proportion
of female members or the Pension Fund was 30.3%.
-
In the recent years, in order to encourage
women's participation in employment certain incentives have been introduced
to support women to start a business. However, this has been confined to
traditional activities aimed at making contributions to the family budget.
Moreover, since credits are extended through bank loans and women face
a number of obstacles in receiving these credits, as mentioned in earlier
sections, the initiative has been less than effective.
G. VIOLENCE AGAINST WOMEN
AND THE IMPACT OF CONFLICT
-
The increasing regional/local wars have
opened up a new front that operates against women: rape. Although rape
is one of the most widely used means of violence especially against women
and children as a reward for the winner and a humiliation for the loser,
it remains to be the least condemned war crime. In view of the current
development in the world, the need to address this issue with great concern,
during the 4th International Women's Conference, is self-evident.
-
As in all other parts of the world violence
against women is a serious problem in Turkey. In spite of the presence
of a number of non-governmental, official and semi-official organizations,
concerned with this problem, the real dimension of violence against women
remain unknown.
-
Violence against women became central
to the agenda of the Women's movement in the 1980s and through this movement
became a national issue. This is an important development from the point
of view of the society. The problem has received greater attention through
debates, conferences and similar activities during and after 1988. Various
organizations have published books, leaflets, magazines and posters etc.
on the subject. Furthermore, television and radio channels have programs
that give information on the issue of women and violence and introduce
the institutions where battered women can get help from.
-
Societal Sensitivity to the Use
of Violence
-
Although there is a tendency among both
men and women to accept violence against women as legitimate, in the Turkish
society, the campaign launch in 1987 by feminist women again beating has
led to certain sensitivity on the issue. 3000 women participated in the
meeting organized in Istanbul in the context of this campaign. The campaign
attracted both positive and negative reactions in the press and its impact
spread all over the country, creating a turning point in women's awareness
on violence.
-
Parallel to the growing sensitivity on
the issue, Purple Roof Shelter Foundation (1990) and Woman Solidarity Foundation
(1993) against violence against women has been established. These organisations
provided psychological and legal advice, employment opportunities, psychological
guidance, vocational training, as well as, training against violence in
their centers. 262 women have applied to Purple Roof Shelter Foundation
within two years from its establishment. Altindað Women Solidarity Center
established in 1991, within Women Solidarity Foundation, provided 500 women
with its services until the Foundation gained legal status in 1993. Furthermore,
in 11 months more than 60 women have made use of the Woman Shelter established
by the Foundation in 1993. It should, however, be mentioned that, such
establishment operated mainly in big cities.
-
After the 1989 elections, when social
democratic parties won the majority of local governments, municipalities
gave support to the establishment of centers for women subjected to violence.
Nearly 4000 women have made used of women's center established by municipalities
of Istanbul Bakirköy (1990), ?i?li (1990), Izmir Bornova (1991), Kayseri
(1992) and Nazilli (1992): The Nazilli, Kayseri and Bakirköy centers have
later been shut down. The fact that the Islam-based Refah (Welfare) party
has won the majority in many local governments in the 1994 elections has
raised serious concern about the future of the woman centers operating
within these municipalities.
-
At the government level, the General Directorate
on the Status and Problems of Women supports research on violence against
women and organises activities such as seminars and training programs.
-
In addition, the General Directorate of
Social Services and Protection of Children (GDSSPC) has woman's hostels
in Ankara, Antalya, Bursa, Eski?ehir and Izmir, many of which have been
establish in 1991. The General Directorate has assumed the task of assisting
women with their children who have been physically, sexually or psychologically
abused. The hostels offer shelter to those who are "abandoned by their
spouses due to family disputes; physically, sexually or psychologically
abused; subject to material or social poverty beyond their control caused
by their personal or environmental conditions, forced into an unwanted
marriage, treated drug or alcohol addicts; have recently been released
from prison; have illegitimate children and have been refused by their
families for this reason." From the date of its establishment up to 28
February 1994, 524 women and 515 children were admitted to hostels.
-
Moreover, in its orphanages and senior
citizens homes, GDSSPC provides services the younger and older women groups
who are especially vulnerable to violence and oppression. The number of
these homes has risen from 19 in 19985 to 36 in 1993. In addition, a center
for the rehabilitation and care of mentally handicapped woman was established
in 1993.
-
Another group vulnerable to violence is
the group of women who were forced to migrate from their homeland. In recent
years, groups of women who have been subjected to violence and whose lives
are under constant threat, migrated to Turkey from Iran, Iraq, Bulgaria
and Bosnia-Herzegovina. Some of these women live in refugee camps away
from their families with an unknown future.
-
Case of forced migration also occurs in
South Eastern Turkey where armed clashed and terrorist activities have
been on going since mid-1980's. in these areas women and children are not
only the direct targets of violence but are often forced to leave their
homes and migrate.
-
Women left behind by husbands who are
economic or political immigrants to European countries, or women who have
personally joined international labor migration comprise other women categories
that are vulnerable to violence and oppression. Thus, the later experience
the difficulties of migration phenomenon much more intensively than their
male counterparts.
-
Apart from these special circumstances,
women in general are not properly protected from violence due to sexist
approaches in the legislation. The Turkish Civil Code's approach to Women
keep men in a dominating and superior position. The sexist approaches are
also evident in the penalties for violent crimes against women.
-
The Turkish Criminal Code that draws a
clear distinction between women and men involved in adultery has considerable
reduction on penalties for acts of murder caused by adultery. The code,
which fails to provide the necessary protection for women subject to sex
crimes, foresees violence is considered to be a crime only if it is reported
as a complaint and the criminal is sentenced to a maximum of 30 months
imprisonment.
-
Approach to Violence Against Women
in the Legal System
-
Section 8 (Article 414-424) of the Criminal
Code entitled, "Crimes Against General Morality and Family Order" regulates
sexual assault. These crimes mainly committed against individuals are evaluated
on the basis of general morality and thus the legal interest of the individuals
is neglected. Article 414 and 415 differentiate between rape and rape attempt.
Article 423/1 sets forth 'the violation of virginity' as a condition, thus
the crime depends not on the act of rape but on the virginity of the victim.
-
Article 429 deals with abduction of girls
and women and foresees different penalties for the act depending upon whether
the woman is married or single. Furthermore, Article 433 reduces penalties
for the crime if the act of abduction is committed with the intention of
marriage regardless of the woman's will.
-
Article 440 and 441 define the act of
adultery for men and women and it is further calls for a reduced of sentence
for acts of murder incited by adultery. This has important implications
for violence against women.
-
Article 453 the penalty for a woman who
kills her infant in order to protect her honor is 4 to 8 years of imprisonment,
a penalty which is much lower that the one given for ordinary acts of murder.
According to the article, the relatives who kill the new born baby in order
to save the women's honor and dignity shall only be sentenced to 5 to 10
years of imprisonment. Article 462 further states that a criminal who has
killed or attempted to kill his relative involved in adultery or an illegitimate
affair shall receive1/8 reduction in his penalty.
-
Domestic Violence and Judicial Practices
-
Article 487 states that maltreatment,
such as physical abuse between the spouses, is a crime only if the injured
party files in a formal complaint. A formal complaint requires that the
woman subjected to violence would have to show witnesses, insist on medical
examination and follow up her claim, in other words, display a persistent
attitude. The reports prepared by the doctors and the police about hospitalized
women are not always accurate. The accuracy of the records depends largely
on the woman's account of the event and her persistence. As a result, the
few cases that actually make it to the courts are related to charges against
"wounding". Domestic violence is rarely charged as "murder attempt".
-
The implementation of Article 478, which
suggests imprisonment up to 30 months for domestic maltreatment, is hindered
by reasons mentioned above. Moreover, most prison sentences are for 7 days
and are far from being preventive.
-
Another important issue is damage caused
to property. Article 524 stipulates that no legal action shall betaken
for crimes against material goods except for plunder if committed by one
of the spouses. Although the provision aims to maintain the unity of the
family, it fails to protect the injured party.
-
One final point is related to the unfortunate
examination for virginity and sexual intercourse. These are carried out
in an arbitrary and humiliating manner. The lack of a regulation about
the issue in the Law on Penal Court Procedures, which went into force in
1993, is a source further difficulty.
-
Trends for The Future
-
Turkey is still at an early stage in its
struggle against the issue of violence against women. The women's movement
and the international agreement signed by Turkey has led the state to recognize
that violence against women is a basic violation of human rights. However,
it can not be claimed that this recognition has become ingrained in the
public opinion, both men and women, and state institutions. Furthermore,
the activities of the women's movement, which enhanced the sensitivity
of the public opinion in the past, have gradually decreased. Almost all
of the women's solidarity groups (except the Purple Roof and Woman's Solidarity
Foundations) which were established during 1987-88 'Campaigns Against Beating'
have disintegrated in 1991-92. This verifies the difficulty involved in
forming and developing an independent and credible movement to deal with
the various aspects of the problem of women and violence.
-
It must be kept in mind that, since a
peaceful and non-violent environment is the first pre-requisite for enhancing
women's status, the continual subjugation of women to aggression, across
social class, stands as the major obstacle for women's self-actualization
and their participation in various spheres of society. The limited number
of studies on violence reveals that especially domestic violence against
women is perceived as a normal part of life. For instance, according to
a 1988 study, 45% of men in Turkey think that husbands have the right to
beat "non obedient" wives. 66% of men believe that men have absolute authority
at home and women have to obey them. 54% of men are convinced that men
are more clever and superior than women and 64% claim that wives must accept
their husbands' opinion in cases of dispute. Another study (1990) shows
that 20% of women and 32% of men approve of men beating their wives. However,
although violence as a value is so internalized, women resist and try to
fight back. According to the findings of a 1992 study 53% of family disputes
are caused by physical abuse of women by the husband and 31% by the
husband beating the children.
II. INTERNATIONAL SUPPORT FOR TECHNICAL
COOPERATION
-
The Turkish Government has made a commitment
to establish the necessary national mechanism for reaching gender equality
and organizing the necessary activities as stipulated by the 1986 Agreement
on the Prevention of All forms of Discrimination Against Women. Accordingly,
as mentioned earlier in this report, the General Directorate on the Status
and Problems of Women was established in 1990 and became attached to the
Ministry of State for Women's Affairs and Social Services in 1991.
-
The establishment of a high level state
mechanism to address women's issues is a turning point for both the strengthening
of the national mechanism for women and development, as well as, initiating
national policies pertaining to the subject.
-
The first national report on the social
situation of women was discussed by the United Nations CEDAW committee
in 1990. The second national report was sent in 1993 and entered the CEDAW
list. The Date for the discussion of the report will be set in January
1995.
-
A transfer of international technical
co-operation resources to the Turkish women and development sectors corresponds
to the period when the aforementioned national mechanism was established.
The resources of the UN women and development program were channelled to
the Turkish National Program in 1992. In 1993 it became effective as "The
National Program For The Strengthening of Women's Participation in Development"
with support from the United Nations Development Program (UNDP).
-
Considerable number of women specialists
have been employed in The Turkish Government-UNDP collaborative projects
since the 1970s and has shown a significant increase in the recent years.
90% of the project managers, specialists and support personnel working
for the TUR/92/006 National Women and Development Project, carried out
jointly with the Ministry of State, General Directorate on the Status and
Problems of Women, are women: The UNDP has made available a total of 600.000
US Dollars for the project, the duration of which is 5 years.
-
Various researches on the social position
of the Turkish women have been launched in connection with the Human Development
Reports published by UNDP since 1990. The report evaluation the research
results has been submitted to the attention of authorities in official
and political organizations.
-
The "Development of Women's Employment"
project, which is a component of a larger project on 'Employment and Education',
prepared and financed jointly by The Turkish Government and the World Bank,
aims at facilitating women's access to the more prestigious careers which
are dominated by men. This is a research project covering a wide variety
of the different aspects of issue, such as: women's position in employment,
existing opportunities for women's participation in fields which provide
promotion, policy requirements, and finally, dissemination of the findings
to the public. The project is financed with 1.4 million US Dollars and
its duration is 4 years.
-
"Small Business Project" financed by 332
000 US Dollar donation provided by Japanese Grant Foundation through the
World Bank, aims at analysis of institutional and practical problems faced
by female entrepreneurs and the formation of necessary mechanism to overcome
these problems. Within this framework there are plans to establish a rotating
capital fund which will provide credit to women entrepreneurs. This is
a preparatory project and it will be possible to find new funding depending
upon the development achieved by the project.
-
Another UN organization, World food and
Agriculture Organization (FAO) conducts joint projects with the Ministries
of Agriculture and Forestry for improving women's economic situation by
increasing her productivity and effectiveness in production through the
use of extension and credit opportunities within the process of rural development.
-
An important dimension of international
support to rural development in Turkey is provided by the International
Fund for Agricultural Development (IFAD). Mu?-Bingöl (1990-1993) project
supported by IFAD had rural women as an as an important target group. Yolzgat
Rural Development Project (1991-1993) also supported by IFAD is an integrated
project and is especially important in its efforts to encourage a participatory
approach and organization.
-
The Turkish Government-UNICEF co-operation
programs are based on the assumption that women's status and problem emanate
from the discrimination against female children, therefore, they favour
positive discrimination for the improvement of the status of girls. Strategies
on the health, education and development of young girls and women have
been integrated into the 1991-1995 The Turkish Government-UNICEF co-operation
program. Within this framework, Mother and Child Care, Basic Education
Program, Communication and Support Program for Women and Regional Integrated
Projects have been launched.
-
United Nations Fund for Population (UNFPA)
which provides support for women and family planning, mother and childcare
and population planning, conducts joint activities with the Turkish Ministry
of Health in the less developed regions.
-
International Labor Organization (ILO),
which carries out joint projects with the Ministry of Labor and Social
Security, Works for the implementation of the provisions introduced under
the ILO agreements to expand employment and improve work conditions.
-
The Turkish Government, which has adopted
"The Agreement on the Prevention of All Discrimination Against Women" and
"1985 Nairobi Forward Looking Strategies for the Development of Women"
as its basic principles, has made significant accomplishments towards improving
the status of Turkish women and its efforts regarding women's issues in
the world.
-
This is why the support of international
technical co-operation is so crucial. International support has been used
effectively in order to contribute to the activities of the national institutions
established by the government, especially to strengthen the national mechanism
operating in favor of women and to build up public opinion about the situation
of women. The projects which have received international support have become
important milestones in the improvement of women's education and employment,
in the formation of the institutional infrastructure and policies in the
development of data bans on information about women and research and implementation
regarding women's issues.
-
Moreover, the international technical
co-operation support needs to be used more efficiently. Above all, the
units of international organizations that provide program support in the
field of women and development must be strengthened. Furthermore, the budget
and the specialists allocated to women's programs by the UN organizations
and other international technical co-operation and finance organizations,
need to be increased in capacity. UN should provide the necessary support
to UN national representatives successfully working on the issue of women
and development.
-
Turkey has constantly kept national and
international women's issues on its agenda and has covered significant
ground in developing, a healthily and efficient institutionalization to
address these issues in the long run. Thus the Turkish Government wishes
for a stronger International Women and Development Co-operation. This wish,
gain further importance, especially when one takes into consideration the
adverse impact of socio-economic problems encountered in the recent years.
The sustainability of contemporary values of women and development, is
further endangered by the potential threat posed by the fundamentalist
trends at the national level.
-
In the recent years, Turkey has assumed
an important political, economic as strategic role in the Middle East and
the Balkans. Therefore, this cooperation is crucial for the establishment
of gender-sensitive, secular and modern development strategies in the region.
Since Turkey has gained experience in issue of women and development, it
has the capacity to provide technical and advisory assistance to neighboring
countries.
-
Considering that, in spite of the significant
economic growth rate, Turkey has failed to display a parallel success in
achieving a people-centered development, thus permanent international support
for program and project resources that include social and human development
models are extremely important. Therefore, international technical co-operation
funds need to be rapidly channelled towards social development programs
with a focus on the human element.
-
Another issue that needs to be emphasized,
is the need to simplify the bureaucratic procedures in receiving international
technical co-operation and project support, as well as, the need to adapt
the project fund supports to the conditions of each country. This will
provide stronger support to activities on women and development.
-
Turkey also wishes to make use of international
co-operation in strengthening regional technical co-operation programs
geared towards improving the situation of women. Therefore, there is need
to increase the international support made available to women and development
activities carried out by Turkey alone or jointly with other countries
in the region.
III. STRATEGIC TARGETS FOR THE FUTURE
-
Although, gender related issues have occupied
the social agenda for the past decade, it is not possible to say that sufficient
progress has been achieved in securing equality among the sexes and in
extending the principles of participatory democracy throughout society
regardless of class, race and gender. There are still important steps to
be taken. Below are some strategic targets and relevant recommendations
with regard to those topics, which shape the framework of the National
Report.
-
However, before proceeding with the recommendations,
it is necessary to emphasize the significance of women's participation
and contribution to the arts, a process which is very basis of creativity
and enrichment in any society. Especially in the developing countries,
the arts have particularly important function in the establishment of universal
values and their diffusion in society. Moreover the free and equal access
of women to artistic production provides them with the opportunities of
self actualization, as well as, with the common grounds in which emancipatory
women images are created. Thus the Turkish National Report draws attention
to the need to give due support to the promotion of women's role in the
arts, to the establishment of platforms which will deal with their problems
and to the importance of international cooperation in this respect.
-
ACCESS TO DECISION-MAKING AND USE OF
POWER
-
The main objective with regard to decision-making
and power is to create a shift in the power structure from one of dominance
over others to one that promotes peace and problem-solving and to ensure
equal participation of women in the decision-making process at all levels.
In order to accomplish such a goal the following measures must be taken:
-
Elimination of political bans and modification
of political party management system, so that, women of all social standings
can participate in formal politics in varying forms and degrees.
-
Creation of funds to support women within
political parties, and legal modifications that will allow certain part
of the Treasury support made to political parties, to be used to attract
women to enter political life.
-
Providing training and consultation services
through women's organizations to encourage and support women's political
participation.
-
Enforcement of measures such as maternity
leave and kindergartens to facilitate and secure the continuity of women
in their work life.
-
Replacement of early retirement policy,
which has adverse effects on women's professional advancement, with alternative
schemes that enable the spouses to share family and child-care leave at
various intervals of their career.
-
Implementation of a quota system or positive
discrimination to enable the promotion of qualified women to higher administrative
positions.
B-MECHANISMS FOR THE ADVANCEMENT
OF WOMEN
-
The objective is to establish and extend
supportive measures for women at national and local levels that will secure
a flow of information and facilitate women to enhance their power of self-determination
in all spheres of their lives. Within this context:
-
Women's organization can be instrumental
as pressure groups as well as partners in action, to ensure that these
mechanisms function effectively.
-
Creation of a "Higher Consultation Council"
as a coordinating body between "The General Directorate on the Status and
Problems of Women" and NGOs.
-
Provision of legal and financial means
to support the volunteer organization in order that they may work more
effectively, contribute to decision-making and planning processes and to
provide them with the opportunity to participate in international meetings.
-
Creation of women's department within
central and provincial branches of all Ministries and place priority to
recruitment of qualified female staff to be employed in these units.
C- COMMITMENT TO THE ACHIEVEMENT
OF WOMEN'S RIGHTS
-
The commitment towards fulfilling the
requirements of universally defined standards of women's rights, necessitates
the elimination of gender-biased articles in the legislation, adaptation
of international standards and raising the social awareness on the issue
of women's rights. Thus the following legislative amendment are foreseen:
The Turkish Civil Code
-
In line with the liabilities defined in
the Civil Code with regard to securing family sustenance the financial
status of the spouses should be taken into consideration and their contribution
to the fulfilment of this liability should be freely determined. In cases
where the wife does not have an income, her contributions in housework
should be accepted towards her obligation.
-
The couples should have the right to choose
the surname of any one of the spouses or to agree on using the surname
of both spouses together.
-
Women and men should be given the right
to determine their residence separately.
-
The right to represent the conjugal unity
should be granted to both of the spouses.
-
A property regime that grants both spouses
the right to equal utilization and ownership of the material possessions
acquired during marriage.
-
The elimination of the article, which
calls for a judge to verify all legal procedures, carried out by a wife
on behalf of her husband with third parties.
-
Annulment of the article which gives priority
to the father in cases of dispute over custody.
The Turkish Criminal Code
-
Redefinition of offences related to adultery
to eliminate sex discrimination by standardizing procedures and penalties
for husbands and wives indulging in adultery.
-
The penalty for abduction of women - and
any act of violence - should not be linked to the victim's marital status,
her age or the intention of the abductor but rather to the act itself.
-
In order to ensure that religious marriage
ceremonies accompany the official secular ceremony and to discourage polygamy,
penalty for related offences should be increased.
-
Intra-marital rape should be included
as a crime in the Turkish Criminal Code.
-
Expansion and enforcement of the arrangements
which call for nursing rooms and kindergartens in the workplace.
-
The Labor Law should be revised to include
provisions that would prevent employers from laying-off female employees
during their pregnancy and maternity leave.
-
Equality rights should be ensured in pregnancy
and maternity leaves for women, irrespective of their employment status
as laborer or civil servant; furthermore, couples should be able to share,
maternity and child care leave.
-
The principle of equal pay for equal work
among male and female laborers should be defined in an explicit manner.
-
Social security system should be revised
to cover women who do domestic work and who are unpaid family workers.
-
Right to establish trade unions should
be altered to include civil servants and the Civil Servant Law, which prohibits
the right to strike should be annulled.
-
The burden of proof, in accordance with
ILO Agreement no. 158, should fall up on the employer in cases of dismissal
without compensation of workers who use their right to unionize.
The Turkish Citizenship Law
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The right to citizenship of foreigners
marrying Turkish citizens should apply to both sexes.
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Measures have to be taken to assist women
to become aware of the legal rights which have direct bearing on their
lives; be able to use their rights; develop a sensitivity to gender discriminatory
provisions in the laws and express their demands as social conditions change.
D- POVERTY AND DEVELOPMENT
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Eradication of poverty is a major development
objective for turkey. In this regard, special intervention measures should
be taken in order to reach p