"The State Cannot Remain Passive when Women Ask for Protection"
Complainant E.D left her home and went to a women's shelter because she was exposed to violence by her husband H.D. Judge İzzet Doğan from the Istanbul 1st Family Court stated that E.D. has to be evaluated as an "individual without protection" who has the right to be protected by the state, and that the state and the judiciary cannot stay passive towards the request of protection.
"The equality of men and women defined by the law is a problem in Turkey because it has not been implemented, the male perspective in the applications could not be changed", Doğan said.
Implementation of the Law on Protection of the Family
According to Hurriyet newspaper, E.D. got married in 1999 and has two children. She left her home and found shelter in a public institution after she had claimed that that she had been treated violently by her husband. She stated that she had suffered from broken ribs and that her husband tried to choke her.
E.D. had put forward that her husband was continuously drinking alcohol that he was threatening her via text messages. She applied to the Istanbul 1st Family Court on 7 June and requested the precautions stipulated in Law No. 4320 on the Protection of the Family to be applied.
Judge Doğan accepted the request and decreed that her husband H.D. should not get closer than 15 meters to E.D. Furthermore, any possible weapons should be taken away from him.
"Violence leaves marks difficult to wipe away"
Judge Doğan pointed out in his decision, that Law No. 4320 on the Protection of the Family was approved on 14 January 1998. He made the following points:
- The law's general reason reads as follows: "The harm of violence creates dangerous results not only for the society but also for the individual. A family member who has experienced violence suffers psychological harm due to violence within the family. This sort of damage is difficult to be repaired throughout the whole life, since the violence is being applied by somebody who is actually supposed to show love, compassion and mercy.
- In the course of the constitutional amendments made on 7 May 2004, Article 10 entitled "Equality before the Judiciary" was amended as follows: "Man and woman have equal rights. The state has the responsibility to implement this equality."
- The equality of men and women defined by the law is a problem in Turkey because it has not been implemented; the male perspective in the applications could not be changed.
- E.D. has to be seen within the scope of "individuals without protection" who have the right to be protected by the state. It is out of question that the state and the judiciary remain passive upon the applicant's request of protection. (BB/VK)
