Prevention of Violence against Women and Law

0 312 458 89 00

Ziya Gökalp Cad. No:11 A1 Blok Kat:5 Kızılay/Ankara

6284 Numbered Law to Protect Family and Prevent Violence against Women regulates

“procedures and principles to protect the women, the children, the family members and the victims of stalking, who have been subject to the violence or at the risk of violence, with regard to the measures of preventing the violence against those people”

In this Law,

  • The special measures taken for the victims and perpetrators of domestic violence and protect women and children take place.
  • The Court may decide to expel the perpetrator from the shared dwelling for up to 6 months.
  • If you live in a residence other than your shared dwelling with the perpetrator he is decided not to approach your residence and workplace.

The protective cautionary decisions to be taken by the civilian authority:

  • To provide an appropriate shelter to the person and if necessary to the person’s children in the vicinity or in some other location.
  • To provide financial aid to the person, without prejudice to other assistances provided within the scope of other laws.
  • To provide psychological, professional, legal and social guidance and counseling services.
  • To provide a temporary protection upon a request of the relevant person or ex officio if there is a life threatening danger for the person.
  • Daycare is provided for children of the protected person to support her participation into worklife.

The protective cautionary decisions to be taken by the judge:

  • Decision of protection.
  • To move the perpetrator from the shared dwelling and to allocate it to you.
  • Not to approach to your workplace and the school of your children, not to disturb you by means of communication instruments, to change your workplace when necessary.
  • To provide a house settlement according to your need.
  • To change your identification under provisions of “witness protection law” if you are under a severe life threatening danger.
  • To provide you psychological, legal and social consultation services depending on your need.
  • To provide financial assistance to the protected person and her children based on the decision of a temporary alimony by taking into consideration of the living standards of the victim under provisions of this law. Even without request of the protected person, alimony is withdrawn from salary, income or wage of the perpetrator.
  • To consider the protected in general insurance scope even without income test.
  • To sentence the perpetrator who has a cautionary measure decision, to imprisonment if he does not abide by the decisions. Total duration of imprisonment cannot exceed 6 months.

Who can Access and How?

  • One of spouses, children or other housholds living in the shared dwelling or any member of family divorced by the Court, legally have right to live separated, de facto separated but married may demand cautionary protection by appealing to the Public Prosecutor for being subjected to violence.
  • Other extended family members such as grandparent, sibling, uncle, aunt, maternal uncle, maternal aunt, nephew/niece may demand protection decisions against other households.
  • Child born out of marriage may benefit from the provisions of the Law on condition of living with the mother or other households.

Violence against Women is a Human Rights Violation!

  • Recently we have been facing personal and social violence that manifests itself in different forms. The fact that women are subjected to battering, rape, torture and killing is conseder as a household privacy and therefore violence against women is excluded from the human rights struggle. To be a woman is the reason to be subjected to violence on the street, at work and even in public isntitutions that are responsible for protecting vulnerable people.
  • As women do not have legal literacy their awareness to reclaim their rights is underdeveloped. Violence has been described as a human rights violation only after it comes out that it is rooted in system and stem from the fibers of society. To eliminate human rights violations is mandate of the State and all public institutions.