The ECHR has ruled that the provision of law in Turkey that obliges women to wait 300 days after a divorce before they can remarry is contrary to human rights.
The ECHR considered that the 300-day waiting period was “direct and gender-based discrimination”.
In Turkey, divorced women are required to wait 300 days before remarrying unless they present a report showing that they are not pregnant.
The provision in question was evaluated as a violation of rights by the European Court of Human Rights (ECHR).
According to DW’s report, the ECHR violated Article 8 of the European Convention on Human Rights titled “right to respect for private life” and Article 14 titled “prevention of discrimination” in connection with Article 12 titled “right to marry”. stated that.
The provision that obliges women to wait 300 days to remarry after divorce is included in Article 132 of the Turkish Civil Code.
Women do not have to wait until the end of this period if they can prove that they are not pregnant or marry their ex-husbands.
In the article in question, it is stated that “If the marriage has ended, the woman cannot marry until 300 days have passed from the end of the marriage. The period ends with giving birth. If it is understood that the woman is not pregnant from the previous marriage or if the spouses whose marriage has ended want to marry each other again, the court removes this period.”
“Interference with the right to respectfully for private life”
In the case where it found a violation of rights, the ECHR ruled that making the complainant Nurcan Bayraktar, who applied to the court, to wait for 300 days and requesting a medical report from this person, did not serve any compulsory social need.
Stating that the practice in question was “not justified by sufficient and appropriate reasons as well as being disproportionate to the legitimate aims pursued”, the ECHR ruled that this action “which resulted in an interference with the applicant’s right to respect for his private life” was “not necessary in a democratic society”.
“Direct and gender-based discrimination”
The ECHR stated that this practice against divorced women “is a direct and gender-based form of discrimination that cannot be defended on the grounds of avoiding uncertainty about the father of an unborn child”.
Stating that “the aim of preventing the confusion of the family tree, in other words, the determination of the biological father, seems to have lost its validity in modern societies”, the ECHR reminded that there are other legal ways in the laws that allow practices such as paternity testing.
What is ECHR?
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. Wikipedia