Overall assessment

AuthorKadriye Bakirci
12 Overall assessment
The following transposition problems were mentioned in this report:
1. Although it is possible to observe important improvements in line with the EU acquis
on gender equality in Turkey between 2005-2010, unfortunately sinc e 2011 gender
equality has not advanced. Rather than fighting for progress, women are simply
trying to hold on to laws that were passed in the previous two decades.
2. Although Turkey was one of the first states to sign and ratify the Istanbul Convention,
we h ave se en a backlash against the Istanbul Convention. Some politicians claim
that Turkey should withdraw from the convention.
3. There are problems of harmonisati on with EU and international standards in the
wording, personal and material scope of the Turkish employment legislation.
Different strands of employment legislation and different levels of protection appl y
to three groups of dependent workers ( employees working under a private law
employment contract either in the public or private sector; civil servants; and public
officials working under an administrative law employment contract in the public
sector). Piecemeal amendment of related regulations has resulted in an ill-fitting
patchwork of legislation. As a result, Turkish employment law falls short of EU law in
relation to discrimination, harassment, sexual harassment and/or victimisation.
4. There are several gaps in or problems with the legislation related to work-life
- unpaid care leave is only recognised for biological employee mothers and there
is no unpaid care leave for biological employee fathers;
- a leave of absence for employees in th e event of the illness of a dependent
family member is not recognised;
- there is no bottle-feeding leave for fathers of newly born children;
- there is no explicit provision recognising the right to return to work for
employees after taking leave; and
- the right to part-time work and the right to switch from full-time work to part-
time w ork is only recognised for women civil servants but not for mal e civil
5. The Turkish social security system strongly protects an occupational core, the le vel
of state involvement in the social realm is extremely low and a safety net in the form
of a social assistance scheme is lacking. The most significant common trait of the
welfare regimes in Turkey is the importance of the family as the main institution of
6. The lack of reliable data on discrimination complaints/cases hampers effective policy-
7. Male-dominated proceedings and institutions, as well as male officers including
judges, prosecutors and the police, aggravate the complaints of women or the follow-
up process. Therefore it is not sufficient to adopt purely paper measures . To enable
the application of these measures by their internalisation by men and even by
women, we need a change in mentality, starting from social mobilisation in
8. An amnesty has been proposed for men sentenced for child sexual abuse, on the
grounds that they were falsely accused and their intercourse with minors was
consensual. If passed, the bill will allow for the release from prison of men guilty of
assaulting a minor if the act was committed with out force, threat, or any other
restriction on consent and if the aggressor ma rries the victim. The proposal would
open the door for sexual predators and encourage ma rriage to minors.

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