Top court rules for protection of private life of couples; single, married or divorced
In its latest ruling, the top court chamber defended women’s private lives who have been sued via referring to rulings by the European Court of Human Rights (ECHR) as well as articles in the European Convention of Human Rights. DAILY NEWS photoA high court ruled in favor of the protection of private life in a case assuming a collusive divorce with “fraudulent” motives in order for the female party to get a monthly salary as a survivor’s benefit.
Private life is the guarantee of a sphere in which the individual can form and develop its character. Family, in its broadest meaning, involves the relationship between parents and children, whether they are natural or spurious. The right for respect to the family life includes the right of living together for parents and their children and of forming personal relations even if the relationship between the parents has ended, the parents are living separately or the parents have gotten divorced,” the Supreme Court of Appeals said in its ruling, released last week and reported by the Anadolu Agency on Oct. 25.
Mainly due to severe economic conditions, women in Turkey prefer collusive divorces in order for the woman to receive a monthly salary her deceased father.
According to the domestic law, the survivors’ benefit is only given to unmarried, divorced or widowed daughters regardless of their age, while sons do not have the same right.
The Supreme Court of Appeal’s 15th Penal Chamber, in its earlier rulings, changed the rules of prison sentences for women in similar cases, emphasizing, “Individuals could decide to live together upon their will.”
Following such rulings, local courts have begun ruling acquittals for similar cases. Social Security Institution (SGK), however, continues to file these rulings under the Supreme Court of Appeals.
In its latest ruling, the top court chamber defended women’s private lives who have been sued via referring to rulings by the European Court of Human Rights (ECHR) as well as articles in the European Convention of Human Rights, which are related to the protection of private life.
“Given that there is not any legal arrangement preventing the couples from living together after getting divorced and deeming this act as a crime; couples’ living together cannot be evidence of a fraudulent action aimed at receiving a salary,” said the top court, underlining that the ECHR is part of the domestic law of Turkey and that it aims to protect human rights and to prevent human rights violations.