Constitutional Court: Preventing abused child from having an abortion violated her rights

*Abortion is a right (File photo)

Click to read the article in Turkish

Concluding the case of R.G., a woman who was sexually abused in childhood years and prevented from having an abortion, the Constitutional Court has ruled that the woman's right to improve her material and spiritual existence was violated.

R.G. will be paid 100,000 lira (13,409 dollars) for compensation.

After being sexually abused by more than one person in the southern Mersin province, R.G. was impregnated. Her family applied to Mut Penal Judgeship of Peace in 2017 for an abortion.

The judgeship rejected the application on procedural grounds, stating that such an application should be made by the Mut Chief Public Prosecutor's Office.

After a request by the family, the prosecutor's office sent the investigation file to the judgeship, which rejected the application again.

R.G. then submitted a petition to the prosecutor's office, stating that she didn't want to give birth because of her age and psychological state and that a medical report should be written about whether pregnancy would endanger her life.

The prosecutor's office received a report from the Forensic Medicine Institution, which stated that "abnormal pregnancy complications could develop" and that the termination of pregnancy would be for the medical benefit of both mother and fetus.

The Chief Public Prosecutor's Office sent the final version of the investigation file to the judgeship, but it again rejected the request on the grounds that the report of the Forensic Medicine Board was not sufficiently detailed. R.G's objection to the decision was not accepted either.

The prosecutor's office sent the file to the court of peace but it gave a decision of lack of jurisdiction and stated that the file should be sent to the penal judgeship of peace.

After the prosecutor's office sent the file to the judgeship again, it ruled that there was no need for a decision.

R.G. then applied to the Constitutional Court.

According to the top court ruling published in the Official Gazette today (September 10), R.G.'s material and spiritual existence was violated as she was forced to give birth to the child.

The Constitutional Court also noted that the local court was not able to give a decision in two months in a case the time factor was of critical importance. (EMK/VK)