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Turkey
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
There appears to be no legislation in Turkey that addresses forced marriage.
Consent to marriage
There appears to be no legislation in Turkey that requires consent to marriage.
Servile marriage
There appears to be no legislation in Trukey that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Turkey that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Turkey without parental consent is 18 without differentiation of gender. The minimum age for marriage in Turkey with parental consent is 17, without differentiation of gender, as set out on Article 124 of the 2001 Code of Civil Law. However, marriages below the minimum age are permitted in case of emergency and for a very important reason with the authorisation of the judge, as set out on Article 126 of the 2001 Code of Civil Law. These exceptions are not differentiated by gender
Region
Western Europe and Others
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- European Court of Human Rights
- Asia Cooperation Dialogue
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- Bali Process
- Organisation of Islamic Cooperation
- Council of Europe
Legislative Provisions
AWAD REPORT
Paragraph 476
“Article 545: [Criminal Code] Any person who recruits children under fifteen years of age and causes them to beg, or who permits a child under fifteen years of age who is under his guardianship or has been entrusted to his protection and supervision to beg or to be used by another person for the purpose of begging, shall be subject to light imprisonment for a term of not less than three months and to a light fine of not less than 100 liras.
THE CONSTITUTION OF THE REPUBLIC OF TURKEY 1982 (REV. 2011)
Article 18 Prohibition of Forced Labour
(1) No one shall be forced to work. Forced labour is prohibited.
(2) Work required of an individual while serving a prison sentence or under detention, services required from citizens during a state of emergency, and physical or intellectual work necessitated by the requirements of the country as a civic obligation do not come under the description of forced labour, provided that the form and conditions of such labour are prescribed by law.
Article 19 Personal Liberty and Security
(1) Everyone has the right to liberty and security of person.
(2) No one shall be deprived of his or her liberty except in the following cases where procedure and conditions are prescribed by law:
Article 48 Freedom to Work and Conclude Contracts
(1) Everyone has the freedom to work and conclude contracts in the field of his/her choice. Establishment of private enterprises is free.
(2) The state shall take measures to ensure that private enterprises operate in accordance with national economic requirements and social objectives and in conditions of security and stability.
Article 49 Right and Duty to Work
(1) Everyone has the right and duty to work.
(2) The State shall take the necessary measures to raise the standard of living of workers, and to protect workers and the unemployed in order to improve the general conditions of labour, to promote labour, to create suitable economic conditions for prevention of unemployment and to secure labour peace.
Article 50 Working Conditions and Right to Rest and Leisure
(1) No one shall be required to perform work unsuited to his age, sex, and capacity.
(2) Minors, women and persons with physical or mental disabilities, shall enjoy special protection with regard to working conditions.
(3) All workers have the right to rest and leisure.
(4) Rights and conditions relating to paid weekends and holidays, together with paid annual leave, shall be regulated by law.
Article 55 Guarantee of Fair Wage
(1) Wages shall be paid in return for work.
(2) The state shall take the necessary measures to ensure that workers earn a fair wage commensurate with the work they perform and that they enjoy other social benefits.
(3) In determining the minimum wage, the living conditions of the workers and the economic situation of the country shall be taken into account.
THE CONSTITUTION OF THE REPUBLIC OF TURKEY 1982 (REV. 2011)(PDF)
CRIMINAL CODE LAW
Article 77. Offences against humanity
(1) Execution of any one of the following acts systematically under a plan against a sector of a community for political, philosophical, racial orreligious reasons, creates the legal consequence of an offenses against humanity.
c) Torturing, infliction of severe suffering, or forcing a person to live as a slave,
d) To restrict freedom,
h) Forced prostitution
(2) In case of execution of the act mentioned in paragraph (a) of first subsection, the convict is sentenced to heavy imprisonment; in case of commission of offenses listed in other paragraphs, the convict is sentenced to imprisonment not less than eight years. However, if the offense is caused by voluntary manslaughter or intentional injury of a person, then the provisions relating to physical joinder are applied in consideration of number of victims. (3) The court may adjudicate imposition of security precautions upon the legal entities due to such offenses,
(4) These offenses are not subject to statute of limitation.
Article 80. Human Trafficking
(1) Those who recruit, abduct, transport or transfer or harbour persons for the purpose of subjecting to forced labour or service, prostitution, enslavement or for removal of body organs, by getting their consent by means of threat, oppression, coercion or using violence, of abusing influence, of deceit or of abusing their control over or the vulnerabilities of these persons shall be sentenced to imprisonment up to eight to twelve years and a fine corresponding to 10,000 days.
(2) The consent of the victim shall be irrelevant in cases where the acts that constitute a crime are attempted with the intentions described in paragraph 1.
(3) In cases where minors below the age of eighteen are procured, abducted, transported or transferred or harboured with the intentions specified in paragraph one, the penalties foreseen in paragraph 1 shall still be applied to the perpetrator, even when no intermediary actions relating to the crime are committed.
(4) Legal entities shall also be subject to security measures for such crimes.
Article 117. Violation of freedom of work and labour
(1) Any person who violates freedom of work and labor by using violence or threat or performing an act contrary to the law, is sentenced to imprisonment from six months to two years and imposition of punitive fine upon complaint of the victim.
(2) Any person who employs helpless, homeless and dependent person (s) without payment or with a low wage incomparable with the standards or forces him to work and live inhumanly conditions, is sentenced to imprisonment from six months to three years or imposed punitive fine not less than hundred days.
(3) The same punishment is imposed also to a person who provides or transfers a person from one place to another to have him live and work under the above mentioned conditions.
(4) Any person who unlawfully increases or decreases the wages, or forces employees to work under the conditions different than that of agreed in the contract, or causes suspension, termination or re-start of the works, is sentenced to imprisonment from six months to three years.
Article 227. Prostitution
(1) Any person who encourages a child to become a prostitute, or facilitates prostitution, or shelters a person for this purpose, or acts as go-between during prostitution of the child, is punished with imprisonmentfrom four years to ten years, and also imposed punitive fine up to ten thousand days.
(2) Any person who encourages another person to become a prostitute, or facilitates prostitution, or acts as gobetween or provides place for such purpose is punished with imprisonment from two years up to four years, and also imposed punitive fine up to three thousand days. Any act aimed to benefit from the income of a person engaged in prostitution to earn one’s living, totally or partially, is considered encouragement of prostitution.
(3) Any person who brings people into the country, or sends groups to abroad for prostitution purposes is punished according to the provisions of above subsection.
(4) The punishment to be imposed according to above subsections is doubled in case a person is encouraged to become a prostitute by use of threat or force, or malice, or taking advantage of one’s helplessness.
(5) The punishment to be imposed by one half in case of commission of offenses listed in the above subsections by any one of the spouses, antecedents, descendants, brother/sister, adopter, guardian, trainer, educator, nurse or any other person responsible for protection and control of a person, or by a public officer or employee by due influence.
(6) The punishment to be imposed according to above subsections is increased by one half in case of commission of these offenses within the frame of activities of an organized criminal group.
(7) Security precautions specific to legal entities are imposed in case of commission of these offenses by organizations in the statute of legal entity.
(8) Any person who involves in prostitution is subject to treatment or therapy.
LABOUR LAW
Article 99. Violation of general provisions
The employer or his representative who;
a) acts in violation of the principles and obligation foreseen in Articles 5 and 7 of this Act,
b) does not give the employee the document mentioned in the last paragraph of Article 8, acts in violation of the provisions of Article 14, and
c) violates the obligation to arrange a work certificate in accordance with Article 28 or writes incorrect information on this certificate, shall be liable to a fine of fifty million liras for each employee in this category.
THE CONSTITUTION OF THE REPUBLIC OF TURKEY 1982 (REV. 2011)
ARTICLE 41
Family is the foundation of the Turkish society and based on the equality between the spouses.
The State shall take the necessary measures and establish the necessary organization to protect peace and welfare of the family, especially mother and children, and to ensure the instruction of family planning and its practice.
Every child has the right to protection and care and the right to have and maintain a personal and direct relation with his/her mother and father unless it is contrary to his/her high interests.
The State shall take measures for the protection of the children against all kinds of abuse and violence.
CRIMINAL CODE 2004
Article 80. Human Trafficking
(1) Those who recruit, abduct, transport or transfer or harbour persons for the purpose of subjecting to forced labour or service, prostitution, enslavement or for removal of body organs, by getting their consent by means of threat, oppression, coercion or using violence, of abusing influence, of deceit or of abusing their control over or the vulnerabilities of these persons shall be sentenced to imprisonment up to eight to twelve years and a fine corresponding to 10,000 days.
(2) The consent of the victim shall be irrelevant in cases where the acts that constitute a crime are attempted with the intentions described in paragraph 1.
(3) In cases where minors below the age of eighteen are procured, abducted, transported or transferred or harboured with the intentions specified in paragraph one, the penalties foreseen in paragraph 1 shall still be applied to the perpetrator, even when no intermediary actions relating to the crime are committed.
(4) Legal entities shall also be subject to security measures for such crimes.
CODE OF CIVIL LAW 2001
Article 11
Maturity begins with the age of eighteen.
Marriage makes a person mature.
Article 12
Minors who are over the age of fifteen, with the consent of their parents and with the consent of their parents, are can be rendered
Item 14
Those who do not have the power to discriminate, minors and restricted persons do not have the capacity to act.
Article 15
The power of discrimination, without prejudice to the discrete situations indicated in the law
The actions of a person who is absent do not have legal consequences.
Article 16
Minors and restricted persons with discrimination power, consent of their legal representatives they cannot enter into debt through their own transactions. In unrequited winning and strict adherence to the person This consent is not required to exercise the rights.
Minors and restricted people who have discrimination power are responsible for their tort
Art 124
A man or woman cannot marry unless they are seventeen years old. However, in a state of emergency and for a very important reason, the judge he can allow a man or woman to marry. Before the decision, whenever possible, the guardian is listened.
Item 126
Minor cannot marry without the permission of his legal representative.
Item 128
The judge, the legal representative who does not allow marriage without justified reason After listening, the applicant can allow the minor or the restricted person to get married.
Item 142
The marriage officer wants to marry each other.
asks what they don’t want. Marriage occurs when the parties give positive verbal answers. Officer, explains that the marriage is made in accordance with the law with the mutual consent of the parties.
Item 147
The absolute nullity of a marriage that has been terminated by the public prosecutor, ex officio cannot; however, any concerned may want the absolute butla to be decided.
In cases where discrimination is gained later or mental illness has improved spouse who has gained the power to distinguish the absolute butlan case alone or who has recovered from mental illness can open.
The previous marriage of a person who remarried while married before the absolute butlan decision is made If it is over and the other spouse is good intentioned in the second marriage, the decision of this marriage cannot be decided.
Item 148
The spouse who lacks the power to distinguish for a temporary reason during marriage, can sue the annulment of the marriage.
Item 149
One of the spouses can sue the annulment of the marriage in the following cases:
1.Although he does not want to marry at all or does not intend to marry the person he marries, he If he consented to marriage,
2.The absence of his wife will make living with him into an unbearable situation.
if he married by mistake of an extremely important nature.
Item 151
The life, health or honor and honor of himself or one of his relatives
The wife, who was consented to marry after being scared by a very close and grave danger to her, can sue.
Item 152
The right to file an action for annulment, when the reason for cancellation is learned or the effect of fear
It is reduced by six months starting from the date of disappearance, and in any case five years after the marriage
Item 153
If a minor or restricted marries without the consent of his legal representative, the legal representative can sue the annulment of the marriage.
A person who marries in this way becomes mature by reaching the age of eighteen later.
If the wife ceases to be pregnant or the wife becomes pregnant, the annulment of the marriage cannot be decided.
Item 158
If the marriage is decided, the wife who is in good faith while getting married protects the personal status gained with.
For the liquidation of the property regime between the spouses, compensation, alimony and surname, related provisions apply
Item 185
With marriage, a marriage union is established between spouses.
The spouses cooperate to ensure the happiness of this union and to care for the children, education and They are obliged to take care of their supervision together.
Spouses have to live together, stay loyal and help each other
Item 187
The woman takes the surname of her husband by marrying; but to the marriage officer or Afterwards, with a written application to the population administration, the previous surname in front of her husband’s surname can use. A woman who previously used two surnames can only benefit from this right for one surname.