Case of unmarried Turkish couple defined as ‘domestic violence’ for first time
Mesut Hasan Benli - ANKARA
Although the couple is not married, according to the Council of Europe Istanbul Convention, violent acts between unmarried partners should be considered “domestic violence” and the Turkish constitution obliges to regard the international agreements as part of the domestic law, the Ankara Second Family Court has said.
Even if there is a contradiction between the domestic law and the signed and approved international agreement, the provisions of the international agreement should be implemented according to the constitution, it added.
The unidentified woman in the case filed a complaint within the framework of law no. 6284, which regulates measures to protect family values and prevent violence against women.
She asked for an injunction against her partner and demanded to be paid alimony, alleging that he became to violent and threatened her after she became pregnant.
In regards to the “Council of Europe Convention on preventing and combating violence against women and domestic violence,” the court took the complaint within the concept of “domestic violence” and issued an injunction against the man, banning him from contacting the woman or going near her home, school or workplace.
The court also ordered him to pay a monthly alimony of 300 Turkish Liras.
The Istanbul Convention, which was opened for signature in Istanbul on May 11, 2011, has been signed by 46 countries and the European Union. On March 12, 2012, Turkey became the first country to ratify the convention, followed by 31 other countries from 2013 to 2018. The convention came into force on August 1, 2014.
“All acts of physical, sexual, psychological or economic violence that occur with the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim,” are defined as “domestic violence” in the convention.