ECHR Decree Forces Turkey to Protect Women

Pınar İlkkaracan from the Women's Human Rights-New Solutions Foundation, has interpreted the decree by the European Court of Human Rights (ECHR), according to which Turkey has to pay compensation to Nahide Opuz for failing to protect her or her mother from the violence of her ex-husband.

According to İlkkaracan, some people have misunderstood the decree to mean only that Opuz will receive compensation. However, she says,

"It would be wrong only to focus on Opuz. ECHR decrees do not only concern individuals. All the preventative measures spoken of in the court decision have to be taken for all women."

Turkey must implement general measures

Most importantly, so İlkkaracan, Turkey is now obliged to prevent all women from experiencing violence.

"These preventative measures range from increasing women's shelters to implementations in the police service. For instance, when a woman applies to the police, a report has to be written. In addition, applications because of domestic violence are mostly made at night or at the weekends. Criminal complaints are made via the prosecution, which is unavailable at those times, so women are not protected. Women's shelters also need to be open at that time. The police cannot send a woman home, it must inform her of her rights. It is also not enough to order protection, the situation has to be closely monitored."

The ECHR decree, so the researcher, does not only accuse Turkey of not preventing domestic violence, but, more importantly, of discriminating against women.

"The decree speaks of gender inequality which reinforces violence."

Lack of action will provoke EU reactions

According to İlkkaracan, Turkey needed to implement positive discrimination and other measures in order to prevent gender inequality.

"The EU has been told that legal reforms are being carried out, but the court decree shows that the reforms are insufficient."

We asked İlkkaracan what would happen if Turkey does not take the preventative measures that are mentioned in the court decree.

"If it does not take measures, there are penalties. Once the court decree is certain, three months later the Committee of Ministers of the Council of Europe questions Turkey on progress. If they are not satisfied, they will consult others and continue to monitor."

Nahide Opuz had experienced countless assaults by her husband, and he finally killed her mother. She applied to the ECHR in 2002. (EZÖ/AG)