The Discrepancy between modernization of legal institutions and social customs


Korean Minjok Leadership Academy
KMJ



Table of Contents


Draft 4, Oct. 24th 2011
Draft 3, Oct. 18th 2011
Draft 2, Sept. 21st 2011
Draft 1, Sept. 3rd 2011
Working Table of Contents 3rd draft, Jun. 10th 2011
List of References 2, Jun. 10th 2011
Working Table of Contents 2nd draft, Jun. 1st 2011
Topic Adjustment , Jun. 1st 2011
Working Table of Contents , Apr. 23th 2011
List of References , Apr. 23rd 2011



Draft 4 . . Go to Teacher's Comment

Table of Contents

I. Introduction
II. Definition
III. Method of Study
IV. Historical Context
V. Revised Legal Institutions of the Republic of Turkey concerning women
V.1. Ataturk Reform
V.1.1. Revision
V.1.2. Limitations
V.2. Legal Reforms in the late 20th century
V.3. Turkish Civil Code Reform in 2001
V.4.Turkish Penal Code Reform in 2004
VI. Current Situations, Customs and Perceptions
VI.1. Modern Turkey
VI.2. Traditional Turkey
VII. Analysis
VI.1. Discrepancy between Institution and People
VI.2. Causes of the Discrepancy
VI.3. Impact of the Discrepancy
VIII. Conclusion
Notes
Bibliography

I. Introduction
            Among Middle Eastern countries, Turkey is recognized as modern and westernized. Ataturk¡¯s Reforms transformed the country¡¯s legal institutions into modern ones by the abolition of traditions and conventions along with the active promotion of western laws and practices. However, the actual situation in Turkey, the social customs and the consciousness of the people were slow to follow the legal reforms. Furthermore, Turkey became to bear two distinct types of society in itself, a relatively modern one and a traditional one. The western part of Turkey generally turned into a liberal European-minded society while the eastern part was far from change. The discrepancy between the modern legal institutions and social customs of Turkey, both modern and traditional ones, is especially evident in gender issues, which is the focus of this paper. I will explore the historical context, modernization of legal institutions, and the resulting modern Turkey as well as the traditional Turkey. In the analysis, the last part of this paper, I will discuss the apparent discrepancy between modern legal institutions and traditional social customs in the Republic of Turkey, and analyze the causes and impacts of the discrepancy.

II. Definition
            Legal institutions refer to the constitution and laws enacted by the government, in this paper, of Turkey.
            Social customs refer to the conduct and consciousness of the people.
            Turkey, in this paper, refers to the Republic of Turkey.
            Modern Turkey and traditional Turkey do not differ in terms of timeline but differ in terms of regions, cultures, and social atmosphere. Regional differences in Turkey stem from the peculiar geographic features of the country, a terrain serrated by many mountains and irrigated by few navigable rivers, isolation of the rural area from social, economic and political life of Ottoman Empire, and the generally poor means of transport and communication. (1) These regional differences continued into mid-twentieth century, and the rural-urban differentials were aggravated by the rapid modernization that proceeded in the larger cities of Turkey. Therefore, the country has two distinct identities, a modern one and a traditional one. Modern Turkey refers to the parts of the country shaped by modernization, and Traditional Turkey refers to the parts of the country where modernization has affected life on a superficial level while age-old tradition still largely determines daily life.

III. Method of Study
            First, modernization of legal institutions will be discussed based on the constitution, civil codes, penal codes and enacted laws, which can be studied through written document and legal reports. To reflect the reality of the Republic of Turkey in the paper, I have divided the country into modern and traditional Turkey. I will take a close look first at modern Turkey and discuss its social aspects both congruous and incongruous with the legal institutions. Moving on to traditional Turkey, I will also look for social aspects both congruous and incongruous with the legal institutions. The study of social aspects is based on texts analyzing Turkish society, documentaries, films, news articles, interviews, statistics, and so on. The focus of every discussion is the gender issue.

IV. Historical Contest
            After World War I, the Turkish War of Independence was waged under the leadership of Mustafa Kemal Pasha to prevent the implementation of the Treaty of Sevres. As a result, in 1922, the new Turkish state was established and the newly founded parliament formally abolished the Sultanate. Mustafa Kemal became the first president of the Republic of Turkey and introduced a series of political, legal, cultural, social and economic reforms aimed at modernizing and westernizing the new Republic of Turkey into a democratic and secular nation-state. The fundamentals of the reform were abolition of the office of the Ottoman Sultanate in 1922, proclamation of the Republic in 1923, and abolition of the office of Caliphate held by the Ottoman Sultan in 1924. One significant change brought about by the reforms was the end of millet system through which people formed millets and traditionally enjoyed a degree of autonomy under their own leadership and their own system of religious and cultural law. Moreover, the Islamic courts and Islamic canon law were replaced by a secular law structure base on the Swiss Civil Code.
            Another societal element that changed radically through the reforms is female status. Ataturk himself stated ¡°The social change can come by first, educating capable mothers who are knowledgeable about life; second, giving freedom to women; third, a man can change his morals, thoughts, and feelings by leading a common life with a woman; as there is an inborn tendency towards the attraction of mutual affection¡± (2) On 4 October 1926, the new Turkish civil code which was modeled after the Swiss Civil Code of 1907 and stated equal rights for women as men passed. On 5 December 1934, Turkey granted full political rights to women, before several European nations did, including France in 1944.

V. Revised Legal Institutions of the Republic of Turkey concerning women

V.1. Ataturk Reform

V.1.1. Revision
            Ataturk Reform brought about radical changes to the Turkish legal institutions.
            Firstly, the Constitution of 1924 was enacted. The basic principle of equality and rights of all Turks under the law regardless of class, gender and religion was established. Article 69 states that all Turks are equal before the law. Article 71 states that the life, the property, the honor and the home of each and all are inviolable. Article 75 states that no one may be molested on account of his religion, his sect, his ritual, or his philosophical conviction, allowing religious freedom. Article 87 states that primary education is obligatory for all Turks and shall be gratuitous in the government schools, suggesting the right of receiving education for both men and women.
            Secondly, the new Turkish Civil Code of 1926 based on the Swiss Civil Code was established, replacing the Islamic courts and Islamic canon law. The 1926 Code articles worked as essential reforms against the customary conducts of religious society, especially in regards to family law. Regulations concerning marriage were modified. The age of consent for girls changed from nine to fifteen, for boys from eleven to seventeen. The custom of the dowry paid by the bridegroom to the bride¡¯s family, which is the relic of a patriarchal society, became legally invalid. Polygamy and marriage without the consent of both partners were made illegal. Article 93 states that one must prove that any prior marriage had ended in order to get married. Article 112£­¡þ1 states that if either of the spouses were married at the time of entry into marriage, a marriage would be void. Any betrothal of children by their parents at birth was made legally unacceptable. Articles 90 and 91 state that girls younger than 15 and boys younger than 17 can only marry if they themselves consent and have the consent of their parent or guardian. If the girl is forced to marry against her will, the marriage can be annulled under Article 118. Furthermore, divorce was made equally obtainable by either sex through application to a court of law, thus abrogating the husband¡¯s absolute right on divorce. Divorce could be filed only under the judicial system based on the enumerated grounds.
            Thirdly, official measures were taken to abolish the wearing of religious clothing and other explicit signs of religious affiliation. As a result, wearing of some elements of traditional clothing became limited by a series of laws, beginning in 1923. However, the legislation did not explicitly ban veils or headscarves but concentrated on prohibiting fezzes and turbans for men, for example, through the Hat Law of 1925. In 1934, ¡°the law of prohibited garments¡± was passed, banning religious clothing, such as the veil and turban, while actively encouraging western-style attire.
            Fourth, the right to vote in municipal elections was given to women on March 20, 1930. By the constitutional amendment on December 5, 1934, women gained suffrage for parliament elections. Turkish women who participated for the parliament elections as a first time on February 8, 1935 obtained 18 seats. (3)

V.1.2. Limitations
            The 1926 Code kept the patriarchal family structure intact. The minimum age for all other legal procedures for girls except marriage was 18. Article 152 designates the husband as the head of the marriage, granting him the ultimate right over the choice of domicile and children and laying the foundations for discrimination against women. Article 153 requires a wife to take her husband¡¯s surname. Article 159 requires the husband¡¯s permission for a wife to gain the right to work outside the home although the wife could seek such permission from the courts alternatively.
            The Turkish Penal Code included unfair provisions for women. Rape was classed as a crime not against the individual but against the general customs, rules and family order of society. That is, sexual offences were regulated under the section ¡°Crimes against Society¡± in the sub-section ¡°Crimes against Public Morality and Family.¡± (4) This classification reflects a patriarchal belief that women¡¯s bodies and sexuality do not belong to themselves but to their families or society. Moreover, the penal code included several indications of patriarchal constructs by using such words as chastity, morality, shame and decency. To give an example, crimes of rape and sexual abuse were defined as ¡°forced seizure of chastity and attack on honor.¡± Killing of a newborn child born outside marriage by the mother received a reduced sentence, for this crime was regarded as an act of cleansing the woman¡¯s honor. Article 438 provided for a reduction of one third in the punishment for rapists if the victim was a sex worker. Article 441 states that a married man could not be convicted of fornication unless it was proved that he was living together with a woman outside marriage while for women, one complete sexual act was sufficient for conviction of fornication. The penal code did not contain special provisions pertaining to the use of violence against women in marriage as opposed to the statute books of the US and Europe. There was no legislation specifically addressing the issue of a girl undergoing sexual abuse in the family. (5)

V.2. Legal Reforms in the late 20th century
            Article 153 of the Civil Code was amended in May 1997; a woman can now choose after her marriage to either continue to use her surname in front of her husband¡¯s surname or take her husband¡¯s surname.
            Article 159 of the Civil Code was repealed by the Constitutional Court of 29 November 1990. A woman is no longer required to get permission from her husband in order to be able to work outside the home.
            Article 441 of the Turkish Penal Code was repealed by the Turkish Constitutional Court in December 1996 on the grounds that differences in the definition of fornication for the wife and the husband violated Article 10 of the Constitution which states that men and women must be equal before the law. This annulment appeared in the Official Gazette on 12 December 1996. A year was given to write a new legislation pertaining to fornication by men; however, a new law was not prepared after the given period, and fornication became a crime only for women and ceased to be a crime for men. Since this situation caused legal discrimination between men and women, Article 440 which concerned fornication by women was also annulled on June 26th, 1998. Therefore, fornication is no longer a crime for both men and women according to the Turkish Penal Code, although it can be a ground for filing a divorce according to the Turkish Civil Code.
            Virginity test is a traditional practice involving a violation of women¡¯s human rights and a violation of Article 17 of the Constitution, which states that, with the exception of medical requirements and circumstances delineated in legislation, no one¡¯ s bodily integrity may be violated. Following a series of protests from women¡¯s human rights groups, the Ministry of Justice issued a statute prohibiting virginity test on January 13, 1999 by differentiating it from legally required vaginal or anal examinations. The statute also states that women must not be examined for reasons of disciplinary punishment against their consent or in a manner which will hurt or torment them.
            However, relevant authorities have used various provisions in the law to justify enforced virginity test. (6) For example, the Statute for Awards and Discipline in the High School Education Institutions of the Ministry of Education stated that the proof of un-chastity is a valid reason for expulsion from the formal educational system. Therefore, female students were subject to virginity test, a usual practice for gathering evidence of un-chastity. After women¡¯s groups took action, the Ministry of Education revised the phrasing of the Statute in March 2002 by removing the explicit reference to un-chastity. The revised statute now allows the expulsion of students whose behavior contradicts conventional social values and influences the educational atmosphere negatively.
            Protection Order against Domestic Violence, established in 1998, enables a survivor from domestic violence to file a "protection order" against the perpetrator of the violence.
            Article 438 of the Penal Code was repealed by the National Assembly, thereby eliminating a reduction of one-third in the punishments for rapists if the victim was a sex worker.

V.3. Turkish Civil Code Reform in 2001
            The new Turkish Civil Code, which was approved by the Turkish Parliament on November 22, 2001 and came into effect on January 1, 2002, abolished the supremacy of men in marriage and thus established the full equality of men and women in the family. (7) The new Code ascertains that the property acquired during marriage is equally divided, acknowledging an economic value of women¡¯s labor for the well-being of the household, which was previously undervalued. It also establishes the legal minimum age for marriage which was 17 for men and 15 for women as 18 for both women and men. Moreover, Article 41 of the Constitution was amended in October 2001; the revised version redefines the family as ¡°the foundation of Turkish society¡± ¡°based on equality between spouses.¡±
            The new Civil Code has adopted a new legal approach to the family and women¡¯s role in the family. While the old Civil Code places women at a legislatively subordinate position in the family and assigns them with rights and duties defined in respect to the husband, the new Civil Code eliminates the patriarchal view on the family and defines it as a union based on equal partnership. The language used by the new Code also reflects the renewed concept. The terms, ¡°the wife¡± and ¡°the husband¡± are replaced by ¡°the spouses.¡± Furthermore, the legal language has been significantly simplified and outdated terminology removed and replaced by more comprehensible, modern terms, which make the law more accessible for everyone. The new approach to the family is reflected in several changes:
            The husband is no longer the head of the family; spouses are equal partners, jointly running the matrimonial union with equal decision-making powers.
            Spouses have equal rights over the family abode.
            Spouses have equal rights over property acquired during marriage.
            Spouses have equal representative powers.
            The concept of ¡°illegitimate children,¡± which was used for children born out of wedlock, has been abolished; the custody of children born outside marriage belongs to their mothers. (8)

V.4.Turkish Penal Code Reform in 2004
            The Turkish Penal Code Draft Law was approved by the Turkish Parliament Grand National Assembly on September 26th, 2004. Following three years of women¡¯s movement campaign from 2002 to 2004, the new Turkish Penal Code includes more than thirty amendments to lay out the foundations for gender equality and protection of sexual and bodily rights of women and girls in Turkey.
            The following is the description of amendments in the new Penal Code relevant to women¡¯s human rights, excerpted from the website of Women for Women¡¯s Human Rights (WWHR) ? New Ways, an independent women¡¯s NGO in Turkey. (9)
            Sexual offences are classified under the section ¡°crimes against individuals / crimes against inviolability of sexual integrity¡± instead of ¡°crimes against society / crimes against public morality and family¡± The definition of rape and sexual assault changed from ¡°forced or consensual seizure/attack of chastity¡± to ¡°any sexual behavior violating a person¡¯s bodily integrity.¡± This constitutes a groundbreaking shift in the overall perspective of Turkish Penal Law, legally acknowledging women¡¯s ownership of their bodies and sexuality.
            Progressive definitions of sexual offences are adopted, sexual harassment at the workplace is criminalized, and sentences for sexual crimes are increased. The definition of rape has been expanded to include anal and oral penetration, as well as the insertion of an object or any organ to the body. Psychological coercion is recognized as a means of coercion by the perpetrator and damage to the victim¡¯s psychological health is acknowledged as an aggravating circumstance. Sexual assaults under custody or by security forces, public officials or employers, by relatives or in laws are also regulated as aggravated offences. Sexual harassment is defined to include ¡°all harassment with sexual intent¡± and sexual harassment in the workplace, perpetrated both by superiors and co-workers, is explicitly recognized as an aggravated offence.
            Provisions regulating the sexual abuse of children have been amended to explicitly define sexual abuse and remove the notion of ¡°consent of the child¡± in sexual abuse. The old penal code did not acknowledge sexual abuse of children as a distinct crime, but rather regulated the crime under articles pertaining to rape and sexual assault. In the reformed penal code, sexual offences against children under fifteen have been aptly defined in a separate article entitled ¡°Sexual abuse of Children.¡± If the offence is perpetrated by parents, relatives, stepfathers, legal guardians, caretakers, teachers, and healthcare providers, it is considered an aggravated offence. Damage to the psychological health of the child is also acknowledged as an aggravating circumstance. Provisions assuming rape, sexual assault or sexual abuse of children can occur with the consent of the victim are also removed. In the old penal code, there were provisions assuming that sexual abuse of children could occur with their ¡°consent,¡± and foreseeing reduced sentences in such cases. In the reformed penal code, the notion which assumed that rape, sexual assault or sexual abuse of children could occur with the victim¡¯s consent has been eliminated and all references to consensual rape, sexual assault and sexual abuse of children have been removed.
            Marital rape is criminalized. Marital rape was not acknowledged as a crime in the old penal code. The justification of the article regulating rape stated that marital rape did not constitute a sexual offence. Marital rape has explicitly been acknowledged as a crime in the reformed penal code. It can be prosecuted upon the victim¡¯s complaint.
            Patriarchal concepts such as chastity, honor, public morality, public customs, shame or decency are eliminated from the penal code.
            There are new measures to prevent sentence reductions granted to perpetrators of honor killings and ¡°killings in the name of customary law¡± are regulated as aggravated homicide. In the old penal code, a general article regulating cases of ¡°Unjust Provocation¡± was often misinterpreted by judges to cover murders committed in the name of honor and was used to grant sentence reductions to perpetrators. In the reformed penal code, the article has been amended to only include ¡°unjust acts¡± and in the justification of the article, it has been explicitly stated this amendment was made to prevent its application to honor killing cases. Furthermore, ¡°killings in the name of customary law¡± have been defined as aggravated homicide in the new penal code, which does not encompass all honor killings, however still constitutes a significant advancement.
            Non-discrimination between virgin, non-virgin, married and unmarried women has been ascertained. The old penal code discriminated between virgin and non-virgin; or married and unmarried women, by regulating rape and abduction as aggravated crimes in case the woman was a virgin or married respectively. The provisions foreseeing more severe sentences if the rape victim is a virgin and if an abductee is married have been removed in the new penal code. The provision in the article on definitions, which made a distinction between ¡°women¡± and ¡°girls¡± is removed.
            The article granting sentence reduction to the killing of the newborn child born out of wedlock by the mother is removed. The article in the old penal code offering a reduced sentence for the murder of a newborn out of wedlock by the mother has been removed. This provision was based upon the notion that a child out of wedlock would compromise a woman¡¯s and family¡¯s ¡°honor¡± and thus such a murder could be legitimized.
            Provisions legitimizing rape and abduction in case the perpetrator marries the victim have been abolished. The old Turkish Penal Code entailed articles foreseeing reduction or suspension of the sentence in case rape or abduction perpetrators married their victims. This was based on a notion it would be better for a woman to marry her rapist, as this could save her ¡°honor,¡± and marrying the victim would thereby undo the offence. These provisions, which also served to legitimize forced marriages, have been removed in the new penal code.
            The article regulating ¡°indecent behavior¡± has been amended only to include sexual intercourse in public and exhibitionism. This article foresaw criminalization of the so-called ¡°indecent behavior,¡± or ¡°acts that severe others¡¯ feelings of ¡°chastity,¡± vague and subjective notions open to misuse by security forces and courts. The article was often used to prosecute sexual minorities on unfounded grounds. It could also be used to restrict women¡¯s sexual freedoms and rights. In the reformed penal code, the article has been amended only to penalize sexual intercourse in public and exhibitionism.

VI. Current Situations, Customs and Perceptions

VI.1. Modern Turkey
            The West is the most advanced region of Turkey, and it is also the most densely populated and urbanized region, as it includes Izmir (the third largest city) and Istanbul (the country's largest city and one of the largest metropolitans of the world). (10) Similarly, the South of Turkey consists of fertile agricultural areas, industrialized areas such as Adana, and areas along the coastline with a developing tourist industry such as around Antalya.
            According to the 2000 census, literacy rate is 80.6% for women as opposed to 93.9% for men, and current school enrolment at the primary level rates is 91.8% for girls and 100% for boys. Gender differences are still existent, but as a whole, they have vastly improved in modern Turkey. Although illiteracy rates show a decline from the Southeast to Northwestern region, migration from eastern to western regions carries the problem of female illiteracy from rural to urban areas. A large number of rural migrants settle in the squatter areas or gecekondular quarters ? quarters of houses put up quickly without proper permissions ? of many cities. As a result, the problem of female illiteracy and lack of access to education becomes even worse.
            Though gender inequality in education, literacy and school enrollment is improved, the lack of political representation by Turkish women is a persistent problem. According to Guler Sel, the chairwoman of the Haceteppe University Population Investigation Institution, there are developments in education, which should lead to more women seeking positions of authority in Parliament, but sadly, this is not the case. (11) According to the World Economic Forum¡¯s Global Gender Gap Index 2009 on a scale where 0 means inequality and 1.00 equality, women in Turkey are at 0.10 for the number of Parliament positions held and at just 0.04 for the number of ministerial positions held. However, it is notable that slow progress is on its way; since 2007, the percentage of women in ministerial positions in Parliament for the AKP has more than doubled, from 4 percent to 10 percent.
            Journal of International Women¡¯s Studies Vol. 12 #4 July 2011 carried out a survey on voting behaviors with 408 women living in Ankara. 90.0% of the respondents voted. Yet it is important to note that until recent years, in most cases husbands told their wives who to vote for and that women voted corresponding to their husband¡¯ s wishes. In 1982, 11% of women said they vote on their own and 53.4% that they vote in line with their husband's wishes. (12)
            The foremost issue when it comes to employment in urban areas is the high unemployment rate, especially of women. However, the government ignores the fact that the problem of low levels of employment we face today is essentially a problem of low employment levels of women or the exclusion of women from the labor market. (13) The economic growth in Turkey between 1955 and 1990 created only 1.3 million jobs in non-agricultural sectors for women while creating around 7 million jobs for men, which means 5.5 times more jobs for men than for women. In the cities, only 1 out of every 5 women over 15 years old is employed. As a result, the economic development process in regards to industry and services involves a growth fostering gender inequalities. Number of women with only labor-intensive jobs like garment production has increased because of the government¡¯s promotion of international competitiveness on export of labor intensive products since 1980; however, those women work in bad conditions earning low wages without social security.
            Another issue is the huge gap even among women when it comes to employment in urban areas. To give an example, Yildiz Ay in Istanbul starts her day with two and a half hours journey on 4 different buses across the suburbs to her work where she cleans hotel rooms. It was lucky for her to escape from violent marriage and find a work in Turkey where only a quarter of women work, but lack of choices was obvious since she had only four years of primary education. On the other hand, Dilek Bil also in Istanbul commutes on a boat from the Bosporus shore and is a former banker who now owns a advertising and marketing agency. She is not the only exception since more Turkish women are in the top management positions than women in most European countries, (14) Like in the case of Yildiz Ay and Dilek Bil, the contrast among different women is extreme even in the same city; while some enjoy rich opportunities and freedom as anywhere in Europe, some are trapped in the virtual domestic captivity. Because of the gap, it is easy for people to neglect what is behind the seemingly free city life.
            Third issue is the traditional value system that still promotes gender segregation in the workplace and other public spaces in contrast to the legal system that guarantees women equal work and pay opportunities. Even urban, educated, professional women may encounter the persistence of traditional and religious values about gender roles among their seemingly modern, secular husbands. (15) Moreover, most sectors except for agriculture are dominated by men, making it difficult for women to penetrate into the wall of traditional gender roles. For example, the typical profile of an entrepreneur in Turkey is of a male aged 25 to 34 with a primary or high school degree coming from a mid-level income. In this environment, only slightly more than 13 percent of urban women ever seriously contemplate starting a business and nearly half of those who started a business quit later.
            Forth issue stems from the fact that the traditional value system mentioned above carries on to the new generation of not only men but also women. A 2008 poll by the Women Entrepreneurs Association of Turkey illustrates that nearly half of urban Turkish women deem economic independence for women unnecessary; according to the psychologist Leyla Navaro, this reflects a heritage of patriarchy. Another significant finding from the research was that almost 50 percent of women between ages 15 and 19 believed a woman's place was at home, near her children. This ratio was higher than those women aged between 40 and 49 and university graduates who believed women belong in the home. Almost half of urban Turkish women believe economic independence for women is unnecessary, and younger generations seem to share this view more than the older generations. (16) Navaro speculates that ¡°the new generation is scared as they see the costs that were paid by those women who said business is first, family does not matter that much and that they might not want to experience the same difficulties.¡±
            According to a 2009 report released by the Turkish government, 42% of women surveyed said they had been physically or sexually abused by their husband or partner. (17) Even in urban areas, domestic violence is a common abuse against women in Turkey. On July 24, 2011, hundreds of people gathered in Istanbul to call for the Turkish government to take more progressive actions to protect women from domestic abuse. Protesters carried mock coffins and wedding dresses along with signs bearing the names and faces of murdered women as they marched down one of the busiest pedestrian thoroughfares in Istanbul.
            Honor killing follows families to cities. The Prime Ministry's Human Rights Directorate reported that the number of honor killings committed in Turkey rose to 220 in 2007. Most occurred in major cities, which illustrates the need to increase efforts to raise awareness on women's rights among urban migrants. (18) Mehmet Farac, who wrote a book on honor killing for the first time in Turkey (19), said, ¡°People put their traditions in their luggage, along with their pillows and sheets. Therefore they cannot break their ties with their society and traditions." Vildan Yirmibesoglu, the head of Istanbul's department of human rights said, "Families who move here are suddenly faced with modern, secular Turkey. This clash of cultures is making the situation worse as the pressure on women to behave conservatively is become more acute. And of course there are more temptations." As members of Turkey¡¯s younger generation, especially girls, become better educated and more exposed to the world through television and city life, they are increasingly rebelling against parents who cling to traditions that prohibit socializing with the opposite sex, choosing a husband or visiting freely with friends outside the home. (20) The growing social pressure on both generations has led to a drastic increase in the cases of murder, beating and other violence within families as well as suicide among girls and women.

VI.2. Traditional Turkey
            The countryside of Central Turkey and the North of Turkey is isolated from the rest of the country because of, respectively, lack of infrastructure and high mountains and forests. The East of Turkey is the least developed region of the country. (21) It can be divided largely into an eastern and a southeastern part. The eastern part is highly mountainous, and so husbandry is the most important economic activity. The southeastern part is similar with the eastern part in respect to the lack of industrialization and infrastructure. Until recently, the villages in this region were characterized by their tribal structure and the authority of their religious leaders (Sheiks).
            Gender differences in education are greater in rural areas than in urban areas. 30.8% of women in rural areas were illiterate while only 9% of rural men were illiterate in 2003. The most striking illiteracy rate is observed in the Southeast where 39% of women are illiterate, followed by the East and Black Sea regions where rates are 35% and 21% respectively. (22)
            More importantly, conceptions on the gender roles are striking. In all of the regions, 53.8% of the countryside women agrees with the statements that ¡°important decisions should be made by men¡± and 49.1% with ¡°men are wiser than women¡± in 1998. 62.7% agrees that ¡°women should not argue with men¡±. Only with regard to the statement that ¡°it is better for a male child to have education¡± the proportion of women who agree is much lower, 37 %. (23) The proportion of town women agreeing with those statements was clearly lower. Consequently, in traditional families, both men and women generally expect husbands to be dominant and wives to be obedient.
            Practices of marriages were also incongruous with the laws. In 1998, 21.6% of countryside women got married below age 16, mostly in Eastern region (32.9%). Only 28.8% of countryside women arranged marriage themselves and 29.1% were in familial relationship with their husbands. Moreover, 34.6% paid dowry. (24)
            Although agricultural employment is rapidly decreasing, agriculture continues to be the sector with the highest level of women¡¯s employment. According to the November 2008 data, 45 percent of female employment is agricultural employment. The decline in agricultural profits has led men to gradually leave the sector, contributing to the feminization of agriculture. In the rural areas, women carry on care services for their families as well as production activities such as production of bread, tomato paste, cheese, yogurt, and etc. at home, and also take part in agricultural production outside the home. Apart from agricultural sector, women mostly undertake the labor intensive works in small and middle scale enterprises; their workload is usually heavier than that of the men. (25) In other words, women are subject to harsh working conditions and heavy work load, all in addition to their domestic labor.
            Second issue is the unfair payment, or economic disadvantage for working women. A large number of women work in the fields of male member of their family without any payment. Moreover, the income they make through marketing and paid labor is usually confiscated by the men. The law laws regarding heritage which allows women to inherit lands and properties does not apply to most women, especially those in Eastern and Southeastern regions. Patriarchal traditions still oblige women to bear with legal rights favorable to men.
            Third issue is the fact that 98 percent of the women in agriculture are not registered. Therefore, a significant number of rural women are excluded from the social security system. Furthermore, there are women who come from families with little or no land becoming migrant or temporary workers. They represent the most underprivileged group in agricultural employment. These workers, most of whom are Kurdish, suffer from not only ill treatment due to their ethnicity but also extremely low earnings, and dreadful working conditions. They live in patchy tents near the fields where there is a lack of clean drinking water and proper facilities like hygienic toilets and kitchen. In this poor condition, women carry out their lives, cooking and taking care of the children.
            Forth issue is women¡¯s withdrawal from agricultural employment. Due to agricultural mechanization or migration to urban areas, many women recede from agricultural employment, but it non-agricultural employment opportunities are highly limited for women. Thus, they either become a housewife or find informal jobs in the cities. The abolition of agricultural subsidies and the introduction of direct income support in 2001 have led to the demise of small scale producers and the steady decline in the number of agricultural production fields and animals. As a result, between 2001 and 2007, 1.164 million women working in agriculture mostly as unpaid family workers were excluded from agricultural employment; the rate of women¡¯s employment in rural areas decreased 10 points in those 6 years from 41 to 31 percent, while the non-agricultural unemployment rate of women in rural areas increased from 11 to only 19 percent. (26) Despite a rapid decline in women¡¯s agricultural employment, the non-agricultural employment opportunities are hardly complementing the resulting gap.
            Rural families who commit honor killings, especially in the eastern and southeastern parts of Turkey, believe they are doing so for religious reasons, according to Ayse Sucu, president of the Women's Religious Affairs Directorate and the head of women's programs at the Turkish Religious Affairs Foundation. (27) Many misinterpretations of traditional religion in regards to women result in traditional customs that are persistently practiced to oppress women. Moreover, in villages where most people are either related to one another or know each other in communities and people¡¯s relationships are limited to their narrow circle, honor killings occur more frequently and evidently. That is because, in a closed community, information and rumors about events spread very quickly, and people interfere with affaires which the family feels the pressure to do something about in order to redeem its ¡®honor¡¯. Another form of honor crime, "honor suicides" is on the rise after the penal code was reformed in 2005, adopting mandatory life sentences for honor killers, whereas in the past, honor killers could receive a reduced sentence by claiming provocation. Most honor crimes are committed in the Kurdish region, a desolate land devastated by years of war and oppression. Rural communities there are ruled under a strict feudal, patriarchal system. (28) For instance, Batman, a bleak town in the southeast of Turkey is one of the most patriarchal areas of Kurdish Turkey and has been nicknamed "Suicide City" for numerous cases of honor suicide. Three quarters of all suicides in Batman are committed by women as opposed to worldwide statistics which shows that men are three times more likely to kill themselves. Mustafa Peker, Batman's chief prosecutor explained that even though most of the suicide cases seem to be forced, they are almost impossible to investigate. According to Peker, "family council" mostly decides a woman's fate; family members gather to discuss infringements of honor, and settle on how the victim must be killed. If not forced suicide, then a killer is also selected. The youngest member of the family is often chosen, for it is believed that they will be sentenced more leniently if caught. There are three options, a noose, a gun or rat poison for women who are ordered to kill themselves. They are then locked in a room to do the job themselves.

VII. Analysis

VII.1. Discrepancy between Institution and People of Turkey
            As seen in the above, it is evident that female status becomes higher from the rural areas to urban areas, from the east to the west. Almost 35 percent of the women in the countryside of Turkey have not completed primary education, while this figure drops to 25 percent for the towns. (29) The proportion of countryside women who did not complete primary education is highest in the East (64 percent) and lowest in the West (16 percent). In terms of female employment, urban women are exposed to more diverse opportunities than rural women who are normally limited to farm work. However, in general, women as a whole suffer from the discrepancy between the legal institutions and actual situation; wages and treatment at work are far from being equal to those of men, and in politics, where women are now free to actively participate, there still exist barriers both explicit and implicit. Moreover, physical abuses against women, which are to be regulated with various laws enacted, are far from being regulated in both rural and urban areas of Turkey. In urban areas, migrated families settle with traditional mindsets which result in conflicts with younger mindsets. Those conflicts often end up with blood; numerous honor crimes committed in big cities such as Istanbul clearly demonstrates so. Moreover, many of the domestic violence cases remain unreported. One of the significant reasons is because of the physical, psychological, and economic control of families over women. Because women both physically and psychologically depend entirely on family, or husbands for their protection and economic maintenance, it is inevitable for them to deter from reporting the abuses and to bear with them. Gaps between laws and practices, therefore, put women in not only unequal but also dangerous state in the society.

VII.2. Causes of the Discrepancy
            The main cause of the discrepancy between the legal institutions and the customs of people in the Republic of Turkey is that the reforms or the modernization of the legal institutions were not driven by the people but by the state in the first place. The process of Ataturk¡¯s radical reform was characterized by a struggle between progressives and conservatives; on one side Ataturk and his reform-minded liberal elite, on the other the broad mass of uneducated, conservative common people. (30) Ataturk¡¯s reforms also led to the end of the millet system of religious or ethnic communities. Millet system allowed religious communities to enjoy a degree of autonomy, to live in accordance to their own system of religious and cultural law. However, the Ataturk reform abolished the millet system, replacing it with a secular state that introduced radical changes to centuries-long traditions, both religious and cultural. The radical changes in laws and administrations were not supported by proper education and reform of the minds of people. Therefore, Ataturk reforms and following reforms in the legal institutions have brought about improvements in Turkey¡¯s issue of gender inequality only with great disparity over different regions and different people. They have scratched only the surface of the gender inequality and women¡¯s issues; the root problem in the very perceptions of the people persists.
            The consciousness of the people is not geared towards enforcing the laws by the state, especially when they go against the traditionally respected cultural and religious norms by which they had been ruled before Ataturk. Moreover, many people, both men and women, are not even conscious of the problems they have; women who believe in patriarchal system, men who believe in their power over women, both physically and mentally, fathers killing their daughters who have ¡®dishonored¡¯ the family, and mothers who do not resist the decisions made for their daughters¡¯ deaths all demonstrate so. Even if there are people conscious of the problems, there is a lack of representation of women¡¯s interests in the labor force, politics and other key areas. This overall lack of support for the reformed laws has led to the lack of the enforcement or implantation of the laws to a point where women cannot trust the state authorities. When women report family violence to police, law enforcement officers often prioritize preserving family unity, and push battered women to reconcile with abusers rather than pursuing criminal investigations or assisting women in getting protection orders. (31) In predominantly Kurdish southeast Turkey, fundamental mistrust of the state and police has been aggregated with years of regional conflict, further discouraging women from reporting violence. There are also practical barriers, such as lack of interpreters and limited opening hours of family courts, which deter women from filing for a protection order. The notion of ¡®family honor¡¯ is pervasive in almost every Turkish village, and honor killings aren't always thoroughly investigated because some police and prosecutors share the same perspective as the honor killers. When the police, prosecutors and even judges themselves do not believe in the values reinforced by the laws, gaps between laws and customs in Turkish society are inevitable.

VII.3. Impact of the Discrepancy
            The most significant impact of the discrepancy is that the society becomes stagnant; no matter how much reforms the state undertake, there is no improvement in reality since the people whom the reforms are targeted at are actually unwilling to accept and implement the laws enacted. The World Economic Forum¡¯s Global Gender Gap Index rank of Turkey dropped significantly in 2007 from 105 to 121 and since then, Turkey has consistently been on the low section of the rank; it ranked 129th place out of 134 in 2009. Moreover, as the younger generation is more exposed to modern ways of life and tends to go against traditional values, the older generation stuck in the traditional mindsets, remote from the modernized legal institutions as well as modernized younger minds, is likely to be raged and undertake radical measures, especially against girls. Clashes between the younger and older generations, modern and traditional generations are evident among migrated families in urban areas. Another result of the discrepancy is the lack of moral standards, or their ambiguity. When article 10 of the constitution states that ¡°Men and women have equal rights¡±, patriarchal households teach that men are superior to women; When article 17 states that ¡°Everyone has the right to life¡±, numerous girls are killed by families, and boys are often assigned to kill the girls.

VIII. Conclusion
            This paper has looked at the law reforms and discrepant customs of people in traditional and modern Turkey in respect to women¡¯s status, their educational, economic and political opportunities, familial affairs, and violence against women. There were differences in forms and degrees of the discrepancy between the east and the west, and between traditional Turkey and modern Turkey; however, the discrepancy was apparent in both. The cause of the discrepancy stems from the historical fact that Ataturk reforms was not supported by the common people at the time; although they significantly improved gender inequality, the improvement remained at a superficial level, for the consciousness of the people did not follow the reform the legal institutions underwent. The enforcement of the laws also remained at a superficial degree, and therefore, the disparity between the laws and the people was inevitable. The impact of the discrepancy is clear; the country remains to be stagnant in terms of women¡¯s status; clashes of modern and traditional generations aggravate, and moral standards become vague.
            The only solution that can be derived for this issue is the reform of the minds of the people: education and promotion of the right values. Even the police, prosecutors and even judges need to be educated on gender equality in order for legal institutions to be properly enforced. When people recognize the inhumane and unfair nature of some traditional value systems and the need for the promotion of gender equality can they finally realize the democratic state where ¡°Everyone possesses inherent fundamental rights and freedoms which are inviolable and inalienable¡± as the constitution states.

Notes

(1) p. 275, K. S. Srikantan, Regional and Rural-Urban Socio-Demographic Differences in Turkey, Middle East Journal Vol.27, No.3 (summer, 1973) p.275-300.
(2) Wikipedia Article: Mustafa Kemal Ataturk
(3) Wikipedia Article: Women¡¯s Suffrage, Section: Turkey
(4) Women for Women¡¯s Human Rights, Section: Women¡¯s Human Rights in Turkey, Turkish Penal Code http://www.wwhr.org/turkish_penalcode.php
(5) The Legal Status of Women in Turkey. Canan Arin. WWHR Report No.1. 1997 p.19
(6) Turkish Civil and Penal Code Reforms from a Gender Perspective: The Success of Two Nationwide Campaigns. WWHR - NEW WAYS. 2005, p.59
(7) Women for Women¡¯s Human Rights, Section: Women¡¯s Human Rights in Turkey, Turkish Civil Code http://www.wwhr.org/turkish_civilcode.php
(8) Turkish Civil and Penal Code Reforms from a Gender Perspective: The Success of Two Nationwide Campaigns. WWHR - NEW WAYS. 2005, p. 9
(9) Women for Women¡¯s Human Rights, Section: Advocacy and Lobbying on the National Level - The Campaign for the Reform of the Penal Code from a Gender Perspective http://www.wwhr.org/penalcode_reform.php
(10) Ay?e Gunuz-Ho?gor, Jeroen Smits, The status of rural women in Turkey: What is the role of regional differences, Nijmegen Center for Economics (NiCE) p.3
(11) Hurriyet Dailey News Article: ¡°Lack of female politicians pulls Turkey down¡± Ceylan Ye?insu, October 27, 2009
(12) Caporal, Kemalism and Turkish Women After Kemalism, 1982 p. 714
(13) Women¡¯s Labor and Employment in Turkey: Problem Areas and Policy Suggestions, April 17, 2009. KEIG Women¡¯s Labor and Employment Initiative Platform p.5
(14) BBC News Video: ¡°Women in Turkey continue to struggle with gender gap¡± 8 March 2011
(15) Mongabay.com Section: Turkey- The Society
(16) Hurriyet Daily News Article: ¡°Half of women say they do not need economic independence¡± September 24, 2008
(17) CNN article: ¡°Marchers demand better protection for women in Turkey¡± Jeremiah Bailey-Hoover, July 24, 2001
(18) Turkey 2008 Progress Report, Commission of the European Communities
(19) National Criminal Justice Reference Service Section: Publications NCJRS abstract
(20) Washington Post Article: ¡°In Turkey, ¡®Honor Killing¡¯ Follows Families to Cities¡± Molly Moore, August 8, 2001
(21) Ay?e Gunuz-Ho?gor, Jeroen Smits, The status of rural women in Turkey: What is the role of regional differences, Nijmegen Center for Economics (NiCE) p.5
(22) A Gender Review in Education, Turkey. Section: Education in Turkey in the 2000¡¯s, UNICEF. 2003 http://www.unicef.org/turkey/gr/ge21ja.html
(23) Ay?e Gunuz-Ho?gor, Jeroen Smits, The status of rural women in Turkey: What is the role of regional differences, Nijmegen Center for Economics (NiCE) p.15
(24) Women¡¯s Labor and Employment in Turkey: Problem Areas and Policy Suggestions, April 17, 2009. KEIG Women¡¯s Labor and Employment Initiative Platform p.4
(25) Ay?e Gunuz-Ho?gor, Jeroen Smits, The status of rural women in Turkey: What is the role of regional differences, Nijmegen Center for Economics (NiCE) p. 24
(26) Women¡¯s Labor and Employment in Turkey: Problem Areas and Policy Suggestions, April 17, 2009. KEIG Women¡¯s Labor and Employment Initiative Platform p.5
(27) PBS News Hour Article: ¡°In Turkey, Degrees of Change in Women's Rights¡± Larisa Epatko, November 6, 2008
(28) The Independent Article: ¡°Women told: 'You have dishonoured your family, please kill yourself'¡±. Ramita Navai in Batman, Eastern Turkey, March, 2009
(29) Ay?e Gunuz-Ho?gor, Jeroen Smits, The status of rural women in Turkey: What is the role of regional differences, Nijmegen Center for Economics (NiCE) p.12
(30) Wikipedia Article: Ataturk¡¯s Reforms
(31) ¡°He Loves You, He Beats You¡± Family Violence in Turkey and Access to Protection, Human Rights Watch, May 2011 p.5

Bibliography

Bibliographic Sources

1. Metin Heper. Historical Dictionary of Turkey. Scarecrow Press. 2002
2. Website. WHKMLA: History of Turkey http://www.zum.de/whkmla/region/asmin/xturkey.html

Primary Sources

1. Turkish Constitution of 1924 ( in English as it was adopted, without amendments)
2. Constitution of the Republic of Turkey (Constitution of 1982)
3. Official translation of the proposed changes by the Government in Turkish constitutional referendum, 2010

Secondary Sources

1. Article: Wikipedia, History of Turkey http://en.wikipedia.org/wiki/History_of_Turkey
2. Article: Wikipedia, Women in Turkey http://en.wikipedia.org/wiki/Women_in_Turkey
3. Article: Wikipedia, Mustafa Kemal Ataturk http://en.wikipedia.org/wiki/Mustafa_Kemal_Atat%C3%BCrk
4. Wikipedia Article: Ataturk¡¯s Reforms http://en.wikipedia.org/wiki/Atat%C3%BCrk's_Reforms
5. Wikipedia Article: Women¡¯s Suffrage, Section: Turkey http://en.wikipedia.org/wiki/Women's_suffrage#Turkey
6. Turkey, Country Studies, The Library of Congress, 1995 http://lcweb2.loc.gov/frd/cs/trtoc.html
7. Mongabay.com Section: Turkey- The Society http://www.mongabay.com/reference/country_studies/turkey/SOCIETY.html
8. The New Constitution of Turkey. Edward Mead Earl. Political Science Quarterly, Volume 40, Issue 1(Mar., 1925), 73-100.
9. Caporal, Kemalism and Turkish Women After Kemalism, 1982
10. K. S. Srikantan, Regional and Rural-Urban Socio-Demographic Differences in Turkey, Middle East Journal Vol.27, No.3 (summer, 1973) p. 275-300. http://www.jstor.org/pss/4325097
11. Erdogan, Mustafa. ¡°Islam in Turkish Politics: Turkey¡¯s Quest for Democracy without Islam.¡± Critique 15(1999): 25-50
12. ¡°The Reception of Swiss Family Law in Turkey.¡± Anthropological Quarterly 46 (1972): 100-16
13. Ataturk¡¯s Legacy to the Women of Turkey. Durham, U.K.: Center of Middle Eastern and Islamic Studies, University of Durham, 1985
14. Women for Women¡¯s Human Rights (WWHR) ? NEW WAYS http://www.wwhr.org/
15. Turkish Civil and Penal Code Reforms from a Gender Perspective: The Success of Two Nationwide Campaigns. Ela Anil. WWHR - NEW WAYS. 2005 http://www.wwhr.org/files/CivilandPenalCodeReforms.pdf
16. The Legal Status of Women in Turkey. Canan Arin. WWHR Report No.1. 1997 http://www.kadinininsanhaklari.org/images/legal_status.pdf
17. The New Legal Status of Women in Turkey. Ela Anil. Women for Women¡¯s Human Rights (WWHR) ? NEW WAYS, 2002 http://www.kadinininsanhaklari.org/files/2_4.pdf
18. Women¡¯s Labor and Employment in Turkey: Problem Areas and Policy Suggestions, April 17, 2009. KEIG Women¡¯s Labor and Employment Initiative Platform http://www.wwhr.org/files/keigpolicyreportweb.pdf
19. Ay?e Gunuz-Ho?gor, Jeroen Smits, The status of rural women in Turkey: What is the role of regional differences, Nijmegen Center for Economics (NiCE) http://www.ru.nl/publish/pages/516298/nice_06101.pdf
20. Anil Duman, Female Education Inequality in Turkey: factors affecting girls¡¯ schooling, Central European University, 2009 http://smye2009.org/file/557_Duman.pdf
21. A Gender Review in Education, Turkey. Dr Nur Otaran, UNICEF. 2003 http://www.unicef.org/turkey/pdf/ge21.pdf
22. Turkey 2008 Progress Report, Commission of the European Communities http://www.pbs.org/newshour/indepth_coverage/europe/turkey/progress_report_08.pdf
23. National Criminal Justice Reference Service Section: Publications NCJRS abstract https://www.ncjrs.gov/App/publications/Abstract.aspx?id=187537
24. Documentary: Honour Killings: Turkey, United Nations. uploaded by United Nations on YouTube in 2008 http://www.youtube.com/watch?v=FtUS_JSxnwI
25. Film: Die Fremde (2010) directed by Feo Aladag
26. Film: Ayla (2010), directed by Su Turhan
27. PBS News Hour Article: ¡°In Turkey, Degrees of Change in Women's Rights¡± Larisa Epatko, November 6, 2008. http://www.pbs.org/newshour/indepth_coverage/europe/turkey/women.html
28. Hurriyet Dailey News Article: ¡°Lack of female politicians pulls Turkey down¡± Ceylan Ye?insu, October 27, 2009 http://www.hurriyetdailynews.com/n.php?n=lack-of-female-politicians-pulls-turkey-down-2009-10-27
29. Hurriyet Daily News Article: ¡°Half of women say they do not need economic independence¡± September 24, 2008 http://www.hurriyetdailynews.com/h.php?news=half-of-women-say-they-do-not-need-economic-independence-2008-09-24
30. BBC News Video: ¡°Women in Turkey continue to struggle with gender gap¡± 8 March 2011 http://www.bbc.co.uk/news/world-europe-12675869
31. CNN article: ¡°Marchers demand better protection for women in Turkey¡± Jeremiah Bailey-Hoover, July 24, 2001 http://articles.cnn.com/2011-07-24/world/turkey.women.protest_1_progressive-laws-turkish-government-protection-order?_s=PM:WORLD
32. New York Times Article: ¡°How to Avoid Honor Killing in Turkey? Honor Suicide¡± Dan Bilefsky, July 16, 2006 http://www.nytimes.com/2006/07/16/world/europe/16turkey.html?pagewanted=all
33. Washington Post Article: ¡°In Turkey, 'Honor Killing' Follows Families to Cities; Women Are Victims Of Village Tradition.¡± Molly Moore, Wednesday, August 8, 2001 http://www.library.cornell.edu/colldev/mideast/dilberk.htm
34. The Independent Article: ¡°Women told: 'You have dishonoured your family, please kill yourself'¡±. Ramita Navai in Batman, Eastern Turkey, March, 2009 http://www.independent.co.uk/news/world/europe/women-told-you-have-dishonoured-your-family-please-kill-yourself-1655373.html
35. The Dynamics of Honor Killings in Turkey. Filiz Kardam. United Nations Population Funds, 2005. http://www.unfpa.org.tr/turkey/rapyay/honorkillingsreport.pdf
36. ¡°He Loves You, He Beats You¡± Family Violence in Turkey and Access to Protection, Human Rights Watch, May 2011 http://www.hrw.org/sites/default/files/reports/turkey0511webwcover.pdf



Draft 3 . . Go to Teacher's Comment

Gender Issues in the History of the Republic of Turkey
The Discrepancy between Modern Legal Institutions and Traditional Social Customs

Table of Contents

I. Introduction
II. Definition
III. Method of Study
IV. Historical Context
V. Revised Legal Institutions of the Republic of Turkey concerning women
V.1. Atatürk Reform
V.2. Legal Reforms in the late 20th century
V.3. Turkish Civil Code Reform in 2001
V.4.Turkish Penal Code Reform in 2004
VI. Current Situations, Customs and Perceptions
VI.1. Modern Turkey
VI.2. Traditional Turkey
VII. Analysis
VI.1. Discrepancy between Institution and People
VI.2. Causes of the Discrepancy
VI.3. Impact of the Discrepancy
VIII. Conclusion
Notes
Bibliography

I. Introduction
            Among the countries of the Middle East, Turkey is recognized as modern and westernized. Atatürk's Reforms transformed the country's legal institutions into modern and westernized ones by the abolition of traditions and conventions along with the active promotion of western laws and practices. However, the actual situation in Turkey, the social customs and the consciousness of the people were slow to follow the legal reforms. Furthermore, Turkey became to bear two distinct types of society in itself, a relatively modern one and a traditional one. The western part of Turkey generally turned into a liberal European-minded society while the eastern part was far from change. The discrepancy between the modern legal institutions and social customs of Turkey, specifically traditional Turkey, is especially evident in gender issues, which is the focus of this paper. I will explore the historical context, modernization of legal institutions, the resulting modern Turkey and its comparison with the traditional Turkey. In the analysis, the last part of this paper, I will discuss the apparent discrepancy between modern legal institutions and traditional social customs in the Republic of Turkey, and analyze the causes and impact of the discrepancy.

II. Definition
            Legal institutions refer to the constitution and laws enacted by the government, in this paper, of Turkey.
            Social customs refers to the conduct and consciousness of the people.
            Turkey, in this paper, refers to the Republic of Turkey.
            Modern Turkey and traditional Turkey do not differ in terms of timeline but differ in terms of regions, culture, and social atmosphere. Regional differences in Turkey stems from the peculiar geographic features of the country, a terrain serrated by many mountains and irrigated by few navigable rivers, isolation of the rural area from social, economic and political life of Ottoman Empire, and the generally poor means of transport and communication. These regional differences lived up to mid-twentieth century and with modernization rapidly proceeding in the larger cities of Turkey, rural-urban differentials were aggravated. (1) Therefore, the country has two distinct identities, modern and traditional ones. Modern Turkey refers to parts of Turkey that was reformed and modernized as a result of modernization attempts and European influence while traditional Turkey refers to parts of Turkey that was far from being modernized and influenced by modernization attempts and European influence, and so has remained to be traditional in terms of social customs.

III. Method of Study
            First, modernization of legal institutions will be discussed based on the civil codes, penal codes and enacted laws, which can be studied through written document and legal reports. To reflect the reality of the Republic of Turkey in the paper, I have divided the country into modern and traditional Turkey. I will take close look first at modern Turkey and discuss its social aspects both congruous and incongruous with the legal institutions. Moving on to traditional Turkey, I will also look for social aspects both congruous and incongruous with the legal institutions. The study of social aspects is based on texts analyzing Turkish society, documentaries, films, news articles, interviews, statistics, and so on. The focus of every discussion is the gender issue.

IV. Historical Contest
            After World War I, the Turkish War of Independence was waged under the leadership of Mustafa Kemal Pasha with the aim of preventing the implementation of the Treaty of Sevres. (2) In 1922, as result, the new Turkish state was established and the newly founded parliament formally abolished the Sultanate. Mustafa Kemal became the first president of the Republic of Turkey and subsequently introduced a series of political, legal, cultural, social and economic reforms that aimed at modernizing and westernizing the new Republic of Turkey into a democratic and secular nation-state. The fundamentals of the reform were abolition of the office of the Ottoman Sultanate in 1922, proclamation of the Republic in 1923, and abolition of the office of Caliphate held by the Ottoman Sultan. One of the significant changes brought about by the reforms was the end of millet system by which people formed millets and traditionally enjoyed a degree of autonomy, with their own leadership under their own system of religious and cultural law. Moreover, the Islamic courts and Islamic canon law were replaced by a secular law structure base on the Swiss Civil Code.
            Another societal element that changed radically through the reforms is female status. Ataturk himself stated ¡°The social change can come by first, educating capable mothers who are knowledgeable about life; second, giving freedom to women; third, a man can change his morals, thoughts, and feelings by leading a common life with a woman; as there is an inborn tendency towards the attraction of mutual affection¡± On 4 October 1926, the new Turkish civil code which was modeled after the Swiss Civil Code of of 10 December 1907 and stated equal rights for women as men passed. On 5 December 1934, Turkey moved to grant full political rights to women, before several other European nations.

V. Revised Legal Institutions of the Republic of Turkey concerning women

V.1. Atatürk Reform

V.1.1. Revision
            Atatürk Reform brought about radical changes to the Turkish legal institutions. Firstly, the Constitution of 1924 was enacted. The basic principle of equality and rights of all Turks under the law regardless of class, gender and religion was established. Article 69 states that all Turks are equal before the law. Article 71 states that the life, the property, the honor and the home of each and all are inviolable. Article 75 states that no one may be molested on account of his religion, his sect, his ritual, or his philosophical conviction, allowing religious freedom. Article 87 states that primary education is obligatory for all Turks and shall be gratuitous in the government schools, suggesting right of receiving education for both men and women. (3)
            Secondly, the new Turkish Civil Code of 1926 based on the Swiss Civil Code was established in lieu of the Islamic courts and Islamic canon law. The 1926 Code articles worked as essential reforms against the customary conducts of religious society, especially in regards to family law. Regulations concerning marriage were modified. The age of consent for girls changed from nine to fifteen, for boys from eleven to seventeen. The custom of the dowry paid by the bridegroom to the bride¡¯s family, which is the relic of a patriarchal society, was deprived of legal validity. Polygamy and marriage without the consent of both partners were made illegal. Article 93 states that one must prove that any prior marriage had ended in order to get married. Article 112-1 states that if either of the spouses were married at time of entry into marriage, a marriage would be void. Any betrothal of children by their parents at birth was deprived of legal validity. Articles 90 and 91 state that girls younger than 15 and boys younger than 17 can only marry if they themselves consent and have the consent of their parent or guardian. If the girl is at least 15 years old, she may refuse to marry someone against her will. If the girl is forced to marry against her will, the marriage can be annulled under Article 118. Furthermore, divorce was made equally obtainable by either sex through application to a court of law, thus abrogating the husband¡¯s absolute right on divorce.(4) Divorce could be filed only under the judicial system based on the enumerated grounds.
            Thirdly, official measures were gradually introduced to eliminate the wearing of religious clothing and other overt signs of religious affiliation. Beginning in 1923, a series of laws progressively limited the wearing of selected items of traditional clothing. The Hat Law of 1925 introduced the use of Western style hats instead of the fez. Legislation did not explicitly prohibit veils or headscarves and focused instead on banning fezzes and turbans for men. Another control on the dress was passed in 1934 with the law relating to the wearing of 'Prohibited Garments'. It banned religion-based clothing, such as the veil and turban, while actively promoting western-style attire. (5)
Fourth, the right to vote in municipal elections was given to women on March 20, 1930. Women's suffrage was achieved for parliament elections on December 5, 1934 by the constitutional amendment. Turkish women who participated for the parliament elections as a first time on February 8, 1935 obtained 18 seats. (6)

V.1.2. Limitations
            The 1926 Code kept the patriarchal family structure intact. The minimum age for all other legal procedures for girls except marriage was 18. Article 152 designates the husband as the head of the marriage and thus grants him the final say over the choice of domicile and children, which set the foundations for discrimination against women. The husband acts as the representative of the married couple. It is the husband who decides where they will live and who is responsible for adequately supporting his wife and children. Article 153 requires a wife to take her husband¡¯s surname. Article 159 requires the husband¡¯s permission for a wife to gain the right to work outside the home although the wife could seek such permission from the courts alternatively.
            The Turkish Penal Code had provisions unfair to women. Rape was classed as a crime not against the individual but against the general customs, rules and family order of society. That is, sexual offences were regulated under the section ¡°Crimes against Society¡± in the sub-section ¡°Crimes against Public Morality and Family.¡± (7) This classification reflected a patriarchal notion that women¡¯s bodies and sexuality did not belong to themselves, but rather to their families or society. Moreover, the penal code included several references to vague patriarchal constructs such as chastity, morality, shame or decency. For example, crimes of rape and sexual abuse were defined as ¡°forced seizure of chastity and attack on honor.¡± Killing of a newborn child out of wedlock by the mother received a reduced sentence, as this crime was considered to be committed to cleanse the woman¡¯s honor. Article 438 provided for a reduction of one third in the punishment for rapists if the victim was a sex worker. Article 441 states that unlike the woman, for whom one complete sexual act was sufficient for conviction of fornication, a married man could not be convicted of fornication unless it was proved that he was living together with a woman outside marriage. The penal code did not contain special provisions relating to the use of violence against women in marriage, unlike the statute books in the US and Europe. The husband was usually charged under the general provisions of the Criminal Code, including Article 478, which provides for imprisonment of up to 30 months for the maltreatment of a family member in a manner, which contravenes the accepted understanding of affection or mercy. There was no legislation specifically addressing the issue of a girl undergoing sexual abuse in the family. V.2. Legal Reforms in the late 20th century
            Article 153 of the Civil Code was amended in May 1997; a woman is now free to choose either to retain and use her surname in front of her husband¡¯s surname on marriage, or take her husband's surname.
            Article 159 of the Civil Code was repealed under a ruling by the Constitutional Court of 29 November 1990. Today, a woman no longer requires permission from her husband in order to be able to work outside the home.
            Article 441 of the Turkish Penal Code was annulled by the Turkish Constitutional Court in December 1996 on the grounds that differences in the definition of fornication for the wife and the husband violated Article 10 of the Turkish Constitution, which states that men and women must be equal before the law. This annulment appeared in the Official Gazette on 12 December 1996. A one-year period was allowed for the writing of new legislation pertaining to fornication by men; however, because a new law was not prepared after the given period, fornication became a crime only for women and ceased to be a crime for men. Since this situation caused legal discrimination between men and women, Article 440 which concerned fornication by women was also annulled in June 26th, 1998, and this was made official on March 13th, 1999 after it appeared in the Official Gazette. Therefore, fornication is no longer a crime for neither men nor women according to the Turkish Penal Code, although it can be a ground for divorce according to the Turkish Civil Code.
            Virginity test is a traditional practice constituting a violation of women's human rights and a violation of Article 17 of the Constitution, which states that, with the exception of medical requirements and circumstances delineated in legislation, no one¡¯ s bodily integrity may be violated. In 1999, following protests from women¡¯s human rights groups, the Ministry of Justice issued a statute to eliminate virginity test by differentiating it from legally required vaginal or anal examinations. The statute, which was passed on January 13, 1999, defines such circumstances as: alleged rape, sexual conduct with minors, and encouraging or acting as an intermediary for prostitution. In the case of such crimes, if there are no other means of proving the alleged crime or if the passage of time may interfere with gathering evidence for the case, the judge may order a vaginal or anal examination without the consent of the woman. The judicial decree must be accompanied by written approval from the public prosecutor. The statute further states that women must not be examined for reasons of disciplinary punishment against their consent or in a manner which will hurt or torment them.
            Yet relevant authorities have used various provisions in the law to justify enforced virginity test. An example of a statute by which virginity test has been justified is the Statute for Awards and Discipline in the High School Education Institutions of the Ministry of Education, which came into effect on January 31, 1995. (8) The statute stated that proof of un-chastity is a valid reason for expulsion from the formal educational system. The usual practice for gathering evidence of un-chastity was subjecting female students to virginity tests. In March 2002, as a result of action by women¡¯s groups, the Ministry of Education revised the wording of the Statute for Awards and Discipline in the High School Education Institutions of the Ministry of Education. In the revised statute, the explicit reference to un-chastity was removed. The new statute now allows for the expulsion of students whose behavior contradicts commonly accepted social values and influences the educational atmosphere in a negative way.
            Protection Order against Domestic Violence, which enabled a survivor of domestic violence to file a court case for a "protection order" against the perpetrator of the violence, was established in 1998.
            Article 438 of the Penal Code, which provided for a reduction of one-third in the punishments for rapists if the victim was a sex worker, was repealed by the National Assembly.

V.3. Turkish Civil Code Reform in 2001
            The new Turkish Civil Code, approved by the Turkish Parliament on November 22, 2001 and applied on January 1, 2002, abolished the supremacy of men in marriage and thus established the full equality of men and women in the family. The new Code sets the equal division of property acquired during marriage as a default property regime for property acquired after the new code went in effect, assigning an economic value to women¡¯s hitherto invisible labor for the well-being of the family household. It also sets 18 as the legal minimum age for marriage for both women and men (it was previously 17 for men and 15 for women), gives the same inheritance rights to children born outside marriage as those born within marriage, and allows single parents to adopt children. In addition, in October 2001, Article 41 of the Constitution was amended, redefining the family as an entity that is "based on equality between spouses." The new article reads: "The family is the foundation of Turkish society and is based on equality between spouses." (9)
            The new Civil Code has taken a new approach to the family and to women's role in the family. The old legal approach, which assigned women a legislatively subordinate position in the family with rights and duties defined in respect to the husband, has been abandoned in favor of one that defines the family as a union based on equal partnership. This new concept is also reflected in the language of the new Code. The terms, "the wife" and "the husband" are replaced by "the spouses." Moreover, the legal language has been considerably simplified and out-of-date terminology replaced by comprehensible, modern terms, rendering the law more accessible for everyone. The new approach to the family is reflected in several changes:
            The husband is no longer the head of the family; spouses are equal partners, jointly running the matrimonial union with equal decision-making powers.
            Spouses have equal rights over the family abode.
            Spouses have equal rights over property acquired during marriage.
            Spouses have equal representative powers.
            The concept of "illegitimate children," which was used for children born out of wedlock, has been abolished; the custody of children born outside marriage belongs to their mothers. (10)

V.4.Turkish Penal Code Reform in 2004
            On September 26th, 2004, the Turkish Penal Code Draft Law was accepted in the Turkish Parliament Grand National Assembly. Due to the success of the three-year campaign of the women¡¯s movement from 2002 to 2004, the new Turkish Penal Code includes more than thirty amendments that constitute a major step towards gender equality and protection of sexual and bodily rights of women and girls in Turkey. (11) The amendments in the new Penal Code pertaining to women¡¯s human rights are as follows:
            Sexual offences are classified under the section "crimes against individuals / crimes against inviolability of sexual integrity" instead of "crimes against society / crimes against public morality and family" The definition of rape and sexual assault changed from "forced or consensual seizure/attack of chastity" to "any sexual behavior violating a person¡¯s bodily integrity." This constitutes a groundbreaking shift in the overall perspective of Turkish Penal Law, legally acknowledging women's ownership of their bodies and sexuality. Progressive definitions of sexual offences are adopted, sexual harassment at the workplace is criminalized, and sentences for sexual crimes are increased. The definition of rape has been expanded to include anal and oral penetration, as well as the insertion of an object or any organ to the body. Psychological coercion is recognized as a means of coercion by the perpetrator and damage to the victim¡¯s psychological health is acknowledged as an aggravating circumstance. Sexual assaults under custody or by security forces, public officials or employers, by relatives or in laws are also regulated as aggravated offences. Sexual harassment is defined to include "all harassment with sexual intent" and sexual harassment in the workplace, perpetrated both by superiors and co-workers, is explicitly recognized as an aggravated offence.
            Provisions regulating the sexual abuse of children have been amended to explicitly define sexual abuse and remove the notion of ¡°consent of the child¡± in sexual abuse. The old penal code did not acknowledge sexual abuse of children as a distinct crime, but rather regulated the crime under articles pertaining to rape and sexual assault. In the reformed penal code, sexual offences against children under fifteen have been aptly defined in a separate article entitled ¡°Sexual abuse of Children.¡± If the offence is perpetrated by parents, relatives, stepfathers, legal guardians, caretakers, teachers, and healthcare providers, it is considered an aggravated offence. Damage to the psychological health of the child is also acknowledged as an aggravating circumstance. Provisions assuming rape, sexual assault or sexual abuse of children can occur with the consent of the victim are also removed. In the old penal code, there were provisions assuming that sexual abuse of children could occur with their "consent," and foreseeing reduced sentences in such cases. In the reformed penal code, the notion which assumed that rape, sexual assault or sexual abuse of children could occur with the victim¡¯s consent has been eliminated and all references to consensual rape, sexual assault and sexual abuse of children have been removed.
            Marital rape is criminalized. Marital rape was not acknowledged as a crime in the old penal code. The justification of the article regulating rape stated that marital rape did not constitute a sexual offence. Marital rape has explicitly been acknowledged as a crime in the reformed penal code. It can be prosecuted upon the victim¡¯s complaint.
            Patriarchal concepts such as chastity, honor, public morality, public customs, shame or decency are eliminated from the penal code.
            There are new measures to prevent sentence reductions granted to perpetrators of honor killings and ¡°killings in the name of customary law¡± are regulated as aggravated homicide. In the old penal code, a general article regulating cases of ¡°Unjust Provocation¡± was often misinterpreted by judges to cover murders committed in the name of honor and was used to grant sentence reductions to perpetrators. In the reformed penal code, the article has been amended to only include ¡°unjust acts¡± and in the justification of the article, it has been explicitly stated this amendment was made to prevent its application to honor killing cases. Furthermore, "killings in the name of customary law" have been defined as aggravated homicide in the new penal code, which does not encompass all honor killings, however still constitutes a significant advancement.
            Non-discrimination between virgin, non-virgin, married and unmarried women has been ascertained. The old penal code discriminated between virgin and non-virgin; or married and unmarried women, by regulating rape and abduction as aggravated crimes in case the woman was a virgin or married respectively. The provisions foreseeing more severe sentences if the rape victim is a virgin and if an abductee is married have been removed in the new penal code. The provision in the article on definitions, which made a distinction between "women" and "girls" is removed.
            The article granting sentence reduction to the killing of the newborn child born out of wedlock by the mother is removed. The article in the old penal code offering a reduced sentence for the murder of a newborn out of wedlock by the mother has been removed. This provision was based upon the notion that a child out of wedlock would compromise a woman's and family's "honor" and thus such a murder could be legitimized.
            Provisions legitimizing rape and abduction in case the perpetrator marries the victim have been abolished. The old Turkish Penal Code entailed articles foreseeing reduction or suspension of the sentence in case rape or abduction perpetrators married their victims. This was based on a notion it would be better for a woman to marry her rapist, as this could save her "honor," and marrying the victim would thereby undo the offence. These provisions, which also served to legitimize forced marriages, have been removed in the new penal code. The article regulating "indecent behaviour" has been amended only to include sexual intercourse in public and exhibitionism. This article foresaw criminalization of the so-called "indecent behavior," or "acts that severe others' feelings of "chastity," vague and subjective notions open to misuse by security forces and courts. The article was often used to prosecute sexual minorities on unfounded grounds. It could also be used to restrict women¡¯s sexual freedoms and rights. In the reformed penal code, the article has been amended only to penalize sexual intercourse in public and exhibitionism.

VI. Current Situations, Customs and Perceptions

VI.1. Modern Turkey
            The West is the most advanced region of Turkey. (12) It is also the most densely populated and urbanized region, as it includes Izmir (the third largest city) and Istanbul (the country's largest city and one of the largest metropolitans of the world). Like the West, the South of Turkey includes fertile agricultural areas as well as industrial centers, like Adana, and a growing tourist industry along the coastline, like around Antalya.
            According to the 2000 census, literacy rate is 80.6% for women as opposed to 93.9% for men, and current school enrolment at the primary level rates 91.8% for girls and 100% for boys. Gender differences are still existent, but as a whole, they have vastly improved in modern Turkey. Although, illiteracy rates show a decline from the Southeast to Northwestern region (13), migration from the eastern to western region carries the problem of female illiteracy from rural areas to urban areas. Large numbers of rural migrants settle in the squatter areas or gecekondular - a house put up quickly without proper permissions, a squatter's house, and by extension, a shanty or shack (14) - quarters of many cities. As a result, the problem of female illiteracy and lack of access to education becomes even worse.
            Though gender inequality in education, literacy and enrollment is improved, the lack of political representation for Turkish women is a persistent problem. According to Guler Sel, the chairwoman of the Haceteppe University Population Investigation Institution, there are developments in education, which should lead to more women seeking positions of authority in Parliament, but sadly, this is not the case. (15) According to the World Economic Forum¡¯s Global Gender Gap Index 2009, which is on a scale where 0 means inequality and 1.00 signifies equality, women in Turkey are positioned at 0.10 in Parliament positions held and at just 0.04 for the number of women in ministerial positions. However, it is notable that slow progress is on its way; since 2007, the AKP has more than doubled the percentage of women in ministerial positions in Parliament, from 4 percent to 10 percent.
            Journal of International Women¡¯s Studies Vol. 12 #4 July 2011 carried out a survey on voting behaviors with 408 women living in Ankara, Turkey. 90.0% of the respondents voted. Yet it is important to note that most of the time husbands tell their wives who to vote for and that women voted in line with their husband's wishes until recent years. In 1982, 11% of women said they vote on their own and 53.4% that they vote in line with their husband's wishes. (16)
            According to a 2009 report released by the Turkish government, 42% of women surveyed said they had been physically or sexually abused by their husband or partner. (17) On July 24, 2011, hundreds of people in Istanbul called for the Turkish government to be more proactive about protecting women from domestic abuse. People in the crowd carried mock coffins and wedding dresses as they marched down one of the busiest pedestrian thoroughfares in Istanbul. Protestors also carried signs bearing the names and faces of murdered women.
            Honor Killing follows families to cities. The Prime Ministry's Human Rights Directorate reported that the number of honor killings committed in Turkey rose to 220 in 2007. Most occurred in major cities, which illustrates the need to increase efforts to raise awareness on women's rights among urban migrants. (18) Mehmet Farac, who wrote a book on honor killing for the first time in Turkey, said, "People put their traditions in their luggage, along with their pillows and sheets," "Therefore they cannot break their ties with their society and traditions." Vildan Yirmibesoglu, the head of Istanbul's department of human rights said, "Families who move here are suddenly faced with modern, secular Turkey. This clash of cultures is making the situation worse as the pressure on women to behave conservatively is become more acute. And of course there are more temptations." As members of Turkey¡¯s younger generation, especially girls, become better educated and more exposed to the world through television and city life, they are increasingly rebelling against parents who cling to traditions that prohibit socializing with the opposite sex, choosing a husband or visiting freely with friends outside the home. The mounting social pressures on both generations have led to an alarming increase in murders, beatings and other violence within families, as well as suicides among girls and women. (19)

VI.2. Traditional Turkey
            The countryside of Central Turkey and the North of Turkey The coastal area is isolated from the rest of the country because of, respectively, lack of infrastructure and high mountains and forests.
            The East of Turkey is the least developed region of the country. (20) It can be divided broadly into an eastern and a southeastern part. In the eastern part, the terrain is highly mountainous, and so the most important economic activity is husbandry. The southeastern part is similar with the eastern part in terms of lack of industrialization and infrastructure. Until recently, an important characteristic of the villages in this region was their tribal structure and most people lived under the authority of their religious leaders (Sheiks).
            Gender differences in education is greater in rural than in urban areas. 30.8% of women in rural areas are illiterate while only 9% of rural men are illiterate. The most striking illiteracy rate in observed in the Southeast where 39% of women are illiterate followed by the East and Black Sea regions where rates are 35% and 21% respectively, according to the 2000 census.
            More importantly, conceptions on the gender role are striking. In all of the regions, 53.8% of the countryside women agrees with the statements that "important decisions should be made by men" and 49.1% "men are wiser than women". 62.7% agree that "women should not argue with men". Only with regard to the statement that "it is better for a male child to have education" the proportion of women who agree is much lower, 37 %. (21) The proportions of town women agreeing with those statements were clearly lower. Therefore, in traditional families, both men and women generally expect husbands to be dominant and wives to be obedient.
            Practices of marriages were also incongruous with the laws. 21.6% of countryside women got married below age 16, mostly in Eastern region (32.9%). Only 28.8% of countryside women arranged marriage themselves and 29.1% were in familial relationship with their husbands. Moreover, 34.6% paid dowry. (22)
            Rural families who commit honor killings, especially in the eastern and southeastern parts of Turkey, believe they are doing so for religious reasons, according to Ayse Sucu, president of the Women's Religious Affairs Directorate and the head of women's programs at the Turkish Religious Affairs Foundation. Many misinterpretations of traditional religion in regards to women result in traditional customs that are persistently practiced to oppress women. (23) Moreover, in villages where most of the people are either related to one another or know each other in communities, kinship ties are important and people¡¯s relationships outside their narrow circle are quite limited, and honor killings become more evident. In a closed community information and rumors about such events spreads very quickly, relatives start to Interfere and the family is under pressure to do something to regain its prestige. Another form of honor crime, "honor suicides" is growing after the reforms to Turkey's penal code in 2005 which introduced mandatory life sentences for honor killers, whereas in the past, killers could receive a reduced sentence claiming provocation. Most honor crimes occur in the Kurdish region, a barren land ravaged by years of war and oppression. Rural communities there are ruled under a strict feudal, patriarchal system. For instance, Batman, a grey, bleak town in the south-east of Turkey is one of the most patriarchal areas of Kurdish Turkey and has been nicknamed "Suicide City" for numerous honor suicides. Three quarters of all suicides in Batman are committed by women as opposed to worldwide statistics that men are three times more likely to kill themselves. Mustafa Peker, Batman's chief prosecutor explained that even though most of the suicide cases seem to be forced, they are almost impossible to investigate. Mr. Peker said a woman's fate is usually decided during a "family council", when the extended family meets to discuss breaches of honor. In these meetings, it is agreed how the victim must be killed. If it is not to be a forced suicide, a killer is chosen. The youngest member of the family is often ordered to kill, in the belief they will be treated more leniently if caught. Women who are told to kill themselves are usually given one of three options ? a noose, a gun or rat poison. They are then locked in a room until the job is done. (24)

VII. Analysis

VII.1. Discrepancy between Institution and People of Turkey
            As seen in the above, it is evident that female status becomes higher from the rural areas to urban areas, from the east to the west. Overall in Turkey, almost 35 percent of the women in the countryside have not completed primary education, while this figure drops to 25 percent for the towns. (25) The proportion of countryside women who did not complete primary education is highest in the East (64 percent) and lowest in the West (16 percent). In terms of female employment, urban women are exposed to more diverse opportunities than rural women who are normally limited to farm work. However, in general, women as a whole suffers from the discrepancy between the legal institutions and actual situation; wages and treatment at work are far from being equal to those of men, and in politics, where women are now allowed to be proactive there still are barriers both explicit and implicit. Moreover, physical abuses against women, which are to be regulated with various laws enacted, are far from being regulated in both rural and urban areas of Turkey. In urban areas, migrated families settle with traditional mindsets which result in conflicts with younger mindsets. Those conflicts usually end up with blood; numerous honor crimes committed in big cities such as Istanbul clearly demonstrates so. Moreover, many of the domestic violence cases remain unreported. One of the significant reasons is because of the physical, psychological, and economic control of families over women. Because women both physically and psychologically depend entirely on family, or husbands for their protection and economic maintenance, it is inevitable for them to deter from reporting the abuses and to bear with them. Gaps between laws and practices, therefore, put women in not only unequal but also dangerous state in the society.

VII.2. Causes of the Discrepancy
            The main cause of the discrepancy between the legal institutions and the customs of people in the Republic of Turkey is the fact that the reforms or the modernization of the legal institutions were not driven by the people but by the state in the first place. The process of Ataturk¡¯s radical reform was characterized by a struggle between progressives and conservatives; on one side Ataturk and his reform-minded liberal elite, on the other the broad mass of uneducated, conservative common people. (26) Ataturk¡¯s reforms also led to the end of the millet system of religious or ethnic communities. Millet system allowed the people to enjoy a degree of autonomy, to live in accordance to their own system of religious and cultural law. However, the Ataturk reform abolished the millet system, replacing it with a secular state that introduced radical changes to centuries-long traditions, both religious and cultural. The radical changes in laws and administrations were not supported by proper education and reform of the minds of people. Therefore, Ataturk reforms and following reforms in the legal institutions have brought about improvements in Turkey¡¯s issue of gender inequality only with great disparity over different regions and different people. They have scratched only the surface of the gender inequality and women¡¯s issues; the root problem in the very perceptions of the people persists.
            The consciousness of the people is not geared towards enforcing the laws by the state, especially when they go against the traditionally respected cultural and religious norms by which they had been ruled before Ataturk. Moreover, many people, both men and women, are not even conscious of the problems they have; women who believe in patriarchal system, men who believe in their power over women, both physically and mentally, fathers killing their daughters who have ¡®dishonored¡¯ the family, and mothers who do not resist the decisions made for their daughters¡¯ deaths all demonstrate so. Even if there are people conscious of the problems, there is a lack of representation of women¡¯s interests in the labor force, politics and other key areas. This overall lack of support for the reformed laws has led to the lack of the enforcement or implantation of the laws to a point where women cannot trust the state authorities. When women report family violence to police, law enforcement officers often prioritize preserving family unity, and push battered women to reconcile with abusers rather than pursuing criminal investigations or assisting women in getting protection orders. (27) In predominantly Kurdish southeast Turkey, years of regional conflict have also contributed to fundamental mistrust of the state and police, which further deters women from reporting violence. Practical barriers, such as lack of interpreters and limited opening hours of family courts, also stop women from asking for a protection order. (28) The notion of ¡®family honor¡¯ is pervasive in almost every Turkish village, and honor killings aren't always properly investigated because some police and prosecutors share the same views as the honor killers. When the police, prosecutors and even judges themselves do not believe in the values reinforced by the laws, it is inevitable for gaps between laws and customs to persist in Turkish society.

VII.3. Impact of the Discrepancy
            The most significant impact of the discrepancy is that the society becomes stagnant; no matter how much reforms the state undertake, there is no improvement since the people whom the reforms are targeted at are actually unwilling to accept and implement the laws enacted. The World Economic Forum¡¯s Global Gender Gap Index rank of Turkey dropped significantly in 2007 from 105 to 121 and since then, it has consistently been on the low section of the rank, being in 129th place out of 134 in 2009. Moreover, as the younger generation is more exposed to modern ways of life and tends to go against traditional values, the older generation stuck in the traditional mindsets, remote from the modernized legal institutions as well as modernized younger minds, is likely to be raged and undertake radical measures, especially against girls. Clashes between the younger and older generations, modern and traditional generations are evident among migrated families in urban areas. Another result of the discrepancy is the lack of moral standards, or their ambiguity. When article 10 of the constitution states that ¡°Men and women have equal rights¡±, patriarchal households teach that men are superior to women; When article 17 states that ¡°Everyone has the right to life¡±, numerous girls are killed by families, and boys are often assigned to kill the girls.

VIII. Conclusion
            This paper has looked at the law reforms and discrepant customs of people in traditional and modern Turkey in respect to women¡¯s status, their educational, economic and political opportunities, familial affairs, and violence against women. There were differences in forms and degrees of the discrepancy from east to west and from traditional Turkey and modern Turkey; however, the discrepancy was apparent in both. The cause of the discrepancy stems from the historical fact that Ataturk reforms was not supported by the common people at the time; although they significantly improved gender inequality, the improvement remained at a superficial level, for the consciousness of the people did not follow the reform the legal institutions underwent. The enforcement of the laws also remained at a superficial degree, and therefore, the disparity between the laws and the people was inevitable. The impact of the discrepancy is clear; the country remains to be stagnant in terms of women¡¯s status; clashes of modern and traditional generations aggravate, and moral standards become vague.
            The only solution that can be derived for this issue is the reform of the minds of the people: education and promotion of the right values. Even the police, prosecutors and even judges need to be educated on gender equality in order for legal institutions to be properly enforced. When people recognize the inhumane and unfair nature of some traditional value systems and the need for the promotion of gender equality can they finally realize the democratic state where ¡°Everyone possesses inherent fundamental rights and freedoms which are inviolable and inalienable¡± as the constitution states.

Notes

[Incomplete]
(1) p. 275, K. S. Srikantan, Regional and Rural-Urban Socio-Demographic Differences in Turkey, Middle East Journal Vol.27, No.3 (summer, 1973) p. 275-300.
(2) Article: Wikipedia, History of Turkey http://en.wikipedia.org/wiki/History_of_Turkey
(3) Turkish Constitution of 1924
(15) http://www.hurriyetdailynews.com/n.php?n=lack-of-female-politicians-pulls-turkey-down-2009-10-27
(16) p. 714, Caporal, BKemalism and Turkish Women After Kemalism, 1982
(17) http://www.pbs.org/newshour/indepth_coverage/europe/turkey/progress_report_08.pdf
(18) http://www.library.cornell.edu/colldev/mideast/dilberk.htm
(19) http://articles.cnn.com/2011-07-24/world/turkey.women.protest_1_progressive-laws-turkish-government-protection-order?_s=PM:WORLD
(23) http://www.pbs.org/newshour/indepth_coverage/europe/turkey/women.html
(16a) http://lcweb2.loc.gov/cgi-bin/query/r?frd/cstdy:@field(DOCID+tr0058)
(24) http://www.independent.co.uk/news/world/europe/women-told-you-have-dishonoured-your-family-please-kill-yourself-1655373.html

Bibliography

Bibliographic Sources
1. Metin Heper. Historical Dictionary of Turkey. Scarecrow Press. 2002
2. Website. WHKMLA: History of Turkey http://www.zum.de/whkmla/region/asmin/xturkey.html

Primary Sources
1. Turkish Constitution of 1924 ( in English as it was adopted, without amendments)
2. Constitution of the Republic of Turkey (Constitution of 1982)
3. Official translation of the proposed changes by the Government in Turkish constitutional referendum, 2010

Secondary Sources
1. Article: Wikipedia, History of Turkey http://en.wikipedia.org/wiki/History_of_Turkey
2. Article: Wikipedia, Women in Turkey http://en.wikipedia.org/wiki/Women_in_Turkey
3. Article: Wikipedia, Mustafa Kemal Ataturk http://en.wikipedia.org/wiki/Mustafa_Kemal_Atat%C3%BCrk
4. K. S. Srikantan, Regional and Rural-Urban Socio-Demographic Differences in Turkey, Middle East Journal Vol.27, No.3 (summer, 1973) p. 275-300.
5. Turkey, Country Studies, The Library of Congress, 1995
6. The New Constitution of Turkey. Edward Mead Earl. Political Science Quarterly, Volume 40, Issue 1(Mar., 1925), 73-100.
7. Turkish Civil and Penal Code Reforms from a Gender Perspective: The Success of Two Nationwide Campaigns. Ela Anil. WWHR - NEW WAYS. 2005
8. Bozkurt, G. ¡°The Reception of Western European Law in Turkey from the Tanzimat to the Turkish Republic, 1839-1939.¡± Islam-Zeitschrift fur Gesehichte und Kultur des Islamiscen Orients 75, no.2 (1998): 283-95
9. In Turkey, Degrees of Change in Women's Rights. Larisa Epatko. November 6, 2008. Online NewsHour
10. Benton, C. ¡°Many Contradictions: Women and Islamists in Turkey.¡± Muslim World 86, no.2(1996): 106-29¡±
11. Erdogan, Mustafa. ¡°Islam in Turkish Politics: Turkey¡¯s Quest for Democracy without Islam.¡± Critique 15(1999): 25-50
12. ¡°The Reception of Swiss Family Law in Turkey.¡± Anthropological Quarterly 46 (1972): 100-16
13. The Legal Status of Women in Turkey. Canan Arin. WWHR Report No.1. 1997
14. The New Legal Status of Women in Turkey. Ela Anil. Women for Women¡¯s Human Rights (WWHR) - NEW WAYS, 2002
15. Attaturk¡¯s Legacy to the Women of Turkey. Durham, U.K.: Center of Middle Eastern and Islamic Studies, University of Durham, 1985
16. The status of rural women in Turkey: What is the role of regional differences? Ayse Gunduz-Hosgor, Jeroen Smits. Nijmegen Center for Economics Institute for Management Research, 2006
17. Female Education Inequality in Turkey: factors affecting girls¡¯ schooling. Anil Duman. Central European University, 2009
18. A Gender Review in Education, Turkey. Dr Nur Otaran, UNICEF. 2003
19. Documentary: Honour Killings: Turkey, United Nations. uploaded by United Nations on YouTube in 2008 http://www.youtube.com/watch?v=FtUS_JSxnwI
20. Film: Die Fremde (2010) directed by Feo Aladag
21. Film: Ayla (2010), directed by Su Turhan
22. New York Times. How to Avoid Honor Killing in Turkey? Honor Suicide. Dan Bilefsky. July 16, 2006
23. In Turkey, 'Honor Killing' Follows Families to Cities; Women Are Victims Of Village Tradition. Molly Moore. Washington Post Foreign Service Wednesday, August 8, 2001
24. Women told: 'You have dishonoured your family, please kill yourself'. Ramita Navai in Batman, eastern Turkey. The Independent; Europe. March, 2009
25. The Dynamics of Honor Killings in Turkey. Filiz Kardam. United Nations Population Funds, 2005.



Draft 2 . . Go to Teacher's Comment

The Discrepancy between Modern Legal Institutions and Traditional Social Customs
A Paper Focusing on the Gender Issues in the History of the Republic of Turkey

Table of Contents

I. Introduction
II. Definition
III. Method of Study
IV. Historical Context
V. Revised Legal Institutions of the Republic of Turkey concerning women
V.1. Ataturk Reform
V.2. Legal Reforms in the late 20th century
V.3. Turkish Civil Code Reform in 2001
V.4.Turkish Penal Code Reform in 2004
VI. Current Situations, Customs and Perceptions
VI.1. Modern Turkey
VI.2. Traditional Turkey
VII. Analysis
VI.1. Contrast between Modern and Traditional Turkey
VI.2. Discrepancy between Institution and People
VI.3. Causes of the Discrepancy
VI.4. Impact of the Discrepancy
VIII. Conclusion
Notes
Bibliography

I. Introduction
            Among the countries of the Middle East, Turkey is recognized as modern and westernized. Ataturk¡¯s Reforms transformed the country¡¯s legal institutions into modern and westernized ones by the abolition of traditions and conventions along with the active promotion of western laws and practices. However, the actual situation in Turkey, the social customs and the consciousness of the people were slow to follow the legal reforms. Furthermore, Turkey became to bear two distinct types of society in itself, a relatively modern one and a traditional one. The western part of Turkey generally turned into a liberal European-minded society while the eastern part was far from change. The discrepancy between the modern legal institutions and social customs of Turkey, specifically traditional Turkey, is especially evident in gender issues, which is the focus of this paper. I will explore the historical context, modernization of legal institutions, the resulting modern Turkey and its comparison with the traditional Turkey. In the analysis, the last part of this paper, I will extend the case of Turkey into more general terms so that the discussion of discrepancy between institution and people in the society overall is possible.

II. Definition
      Legal institutions refer to the constitutions and laws that are enacted by the government.
      Social customs refers to the conduct and consciousness of the people.
      Turkey, in this paper, refers to the Republic of Turkey.
            Modern Turkey and traditional Turkey does not differ in terms of timeline but differs in terms of regions, cultures, and social atmosphere. Regional differences in Turkey stems from the peculiar geographic features of the country, a terrain serrated by many mountains and irrigated by few navigable rivers, isolation of the rural area from social, economic and political life of Ottoman Empire, and the generally poor means of transport and communication. These regional differences lived up to mid-twentieth century and with modernization rapidly proceeding in the larger cities of Turkey, rural-urban differentials were aggravated. Therefore, the country has two distinct identities, modern and traditional ones. Modern Turkey refers to parts of Turkey that was reformed and modernized as a result of modernization attempts and European influence while traditional Turkey refers to parts of Turkey that was far from being modernized and influenced by modernization attempts and European influence and so has remained to be traditional in terms of social customs and people¡¯s consciousness.

III. Method of Study
            First, modernization of legal institutions will be discussed based on the civil codes, penal codes and enacted laws, which can be studied through written document and legal reports. To reflect the reality of the Republic of Turkey in the paper, I have divided the country into modern and traditional Turkey. I will take close look first at modern Turkey and discuss its social aspects both congruous and incongruous with the legal institutions. Moving on to traditional Turkey, I will also look for social aspects both congruous and incongruous with the legal institutions. The study of social aspects is based on texts analyzing Turkish society, documentaries, films, news articles, interviews, statistics and so on. The focus of every discussion is the gender issue.

IV. Historical Contest
            After World War I, the Turkish War of Independence was waged under the leadership of Mustafa Kemal Pasha with the aim of preventing the implementation of the Treaty of Sevres. In 1922, as result, the new Turkish state was established and the newly founded parliament formally abolished the Sultanate. Mustafa Kemal became the first president of the Republic of Turkey and subsequently introduced a series of political, legal, cultural, social and economic reforms that aimed at modernizing and westernizing the new Republic of Turkey into a democratic and secular nation-state. The fundamentals of the reform were abolition of the office of the Ottoman Sultanate in 1922, proclamation of the Republic in 1923 and abolition of the office of Caliphate held by the Ottoman Sultan. One of the significant changes brought about by the reforms was the end of millet system by which people formed millets and traditionally enjoyed a degree of autonomy, with their own leadership under their own system of religious and cultural law. Moreover, the Islamic courts and Islamic canon law were replaced by a secular law structure base on the Swiss Civil Code.
            Another societal element that changed radically through the reforms is female status. Ataturk himself stated ¡°The social change can come by (1) educating capable mothers who are knowledgeable about life; (2) giving freedom to women; (3) a man can change his morals, thoughts, and feelings by leading a common life with a woman; as there is an inborn tendency towards the attraction of mutual affection¡± On 4 October 1926, the new Turkish civil code which was modeled after the Swiss Civil Code and stated equal rights for women as men passed. On 5 December 1934, Turkey moved to grant full political rights to women, before several other European nations.

V. Revised Legal Institutions of the Republic of Turkey concerning women

V.1. Ataturk Reform

V.1.1. Revision
            Ataturk Reform brought about radical changes to the Turkish legal institutions.
            Firstly, the Constitution of 1924 was enacted. The basic principle of equality and rights of all Turks under the law regardless of class, gender and religion was established. Article 69 states that all Turks are equal before the law. Article 71 states that the life, the property, the honor and the home of each and all are inviolable. Article 75 states that no one may be molested on account of his religion, his sect, his ritual, or his philosophical conviction, allowing religious freedom. Article 87 states that primary education is obligatory for all Turks and shall be gratuitous in the government schools, suggesting right of receiving education for both men and women.
            Secondly, the new Turkish Civil Code of 1926 based on the Swiss Civil Code was established in lieu of the Islamic courts and Islamic canon law. The 1926 Code articles worked as essential reforms against the customary conducts of religious society, especially in regards to family law. Regulations concerning marriage were modified. The age of consent for girls changed from nine to fifteen, for boys from eleven to seventeen. The custom of the dowry paid by the bridegroom to the bride¡¯s family, which is the relic of a patriarchal society, was deprived of legal validity. Polygamy and marriage without the consent of both partners were made illegal. Article 93 states that one must prove that any prior marriage had ended in order to get married. Article 112 (1) states that a marriage would be void if either of the spouses were married at time of entry into marriage. Any betrothal of children by their parents at birth was deprived of legal validity. Articles 90 and 91 state that girls younger than 15 and boys younger than 17 can only marry if they themselves consent and have the consent of their parent or guardian. If the girl is at least 15 years old, she may refuse to marry someone against her will. If the girl is forced to marry against her will, the marriage can be annulled under Article 118. Furthermore, divorce was made equally obtainable by either sex through application to a court of law, thus abrogating the husband¡¯s absolute right on divorce. Divorce could be filed only under the judicial system based on the enumerated grounds.
            Thirdly, official measures were gradually introduced to eliminate the wearing of religious clothing and other overt signs of religious affiliation. Beginning in 1923, a series of laws progressively limited the wearing of selected items of traditional clothing. The Hat Law of 1925 introduced the use of Western style hats instead of the fez. Legislation did not explicitly prohibit veils or headscarves and focused instead on banning fezzes and turbans for men. Another control on the dress was passed in 1934 with the law relating to the wearing of 'Prohibited Garments'. It banned religion-based clothing, such as the veil and turban, while actively promoting western-style attire.
            Fourth, the right to vote in municipal elections was given to women on March 20, 1930. Women's suffrage was achieved for parliament elections on December 5, 1934 by the constitutional amendment. Turkish women who participated for the parliament elections as a first time on February 8, 1935 obtained 18 seats.

V.1.2. Limitations
            The 1926 Code kept the patriarchal family structure intact. The minimum age for all other legal procedures for girls except marriage was 18. Article 152 designates the husband as the head of the marriage and thus grants him the final say over the choice of domicile and children, which set the foundations for discrimination against women. The husband acts as the representative of the married couple. It is the husband who decides where they will live and who is responsible for adequately supporting his wife and children. Article 153 requires a wife to take her husband¡¯s surname. Article 159 requires the husband¡¯s permission for a wife to gain the right to work outside the home although the wife could seek such permission from the courts alternatively.
            The Turkish Penal Code had provisions unfair to women. Rape was classed as a crime not against the individual but against the general customs, rules and family order of society. That is, sexual offences were regulated under the section ¡°Crimes against Society¡± in the sub-section ¡°Crimes against Public Morality and Family.¡± This classification reflected a patriarchal notion that women¡¯s bodies and sexuality did not belong to themselves, but rather to their families or society. Moreover, the penal code included several references to vague patriarchal constructs such as chastity, morality, shame or decency. For example, crimes of rape and sexual abuse were defined as ¡°forced seizure of chastity and attack on honor.¡± Killing of a newborn child out of wedlock by the mother received a reduced sentence, as this crime was considered to be committed to cleanse the woman¡¯s honor. Article 438 provided for a reduction of one third in the punishment for rapists if the victim was a sex worker. Article 441 states that unlike the woman, for whom one complete sexual act was sufficient for conviction of fornication, a married man could not be convicted of fornication unless it was proved that he was living together with a woman outside marriage. The penal code did not contain special provisions relating to the use of violence against women in marriage, unlike the statute books in the US and Europe. The husband was usually charged under the general provisions of the Criminal Code, including Article 478, which provides for imprisonment of up to 30 months for the maltreatment of a family member in a manner, which contravenes the accepted understanding of affection or mercy. There was no legislation specifically addressing the issue of a girl undergoing sexual abuse in the family.

V.2. Legal Reforms in the late 20th century
            Article 153 of the Civil Code was amended in May 1997; a woman is now free to choose either to retain and use her surname in front of her husband¡¯s surname on marriage, or take her husband¡¯s surname.
            Article 159 of the Civil Code was repealed under a ruling by the Constitutional Court of 29 November 1990. Today, a woman no longer requires permission from her husband in order to be able to work outside the home.
            Article 441 of the Turkish Penal Code was annulled by the Turkish Constitutional Court in December 1996 on the grounds that differences in the definition of fornication for the wife and the husband violated Article 10 of the Turkish Constitution, which states that men and women must be equal before the law. This annulment appeared in the Official Gazette on 12 December 1996. A one-year period was allowed for the writing of new legislation pertaining to fornication by men; however, because a new law was not prepared after the given period, fornication became a crime only for women and ceased to be a crime for men. Since this situation caused legal discrimination between men and women, Article 440 which concerned fornication by women was also annulled in June 26th, 1998, and this was made official on March 13th, 1999 after it appeared in the Official Gazette. Therefore, fornication is no longer a crime for neither men nor women according to the Turkish Penal Code, although it can be a ground for divorce according to the Turkish Civil Code.
            Virginity testing is a traditional practice constituting a violation of women¡¯s human rights and a violation of Article 17 of the Constitution, which states that, with the exception of medical requirements and circumstances delineated in legislation, no one¡¯ s bodily integrity may be violated. In 1999, following protests from women¡¯s human rights groups, the Ministry of Justice issued a statute to eliminate virginity testing by differentiating it from legally required vaginal or anal examinations. The statute, which was passed on January 13, 1999, defines such circumstances as: alleged rape, sexual conduct with minors, and encouraging or acting as an intermediary for prostitution. In the case of such crimes, if there are no other means of proving the alleged crime or if the passage of time may interfere with gathering evidence for the case, the judge may order a vaginal or anal examination without the consent of the woman. The judicial decree must be accompanied by written approval from the public prosecutor. The statute further states that women must not be examined for reasons of disciplinary punishment against their consent or in a manner which will hurt or torment them.
            Yet relevant authorities have used various provisions in the law to justify enforced virginity testing. An example of a statute by which virginity testing has been justified is the Statute for Awards and Discipline in the High School Education Institutions of the Ministry of Education, which came into effect on January 31, 1995. The statute stated that proof of un-chastity is a valid reason for expulsion from the formal educational system. The usual practice for gathering evidence of un-chastity was subjecting female students to virginity tests. In March 2002, as a result of action by women¡¯s groups, the Ministry of Education revised the wording of the Statute for Awards and Discipline in the High School Education Institutions of the Ministry of Education. In the revised statute, the explicit reference to un-chastity was removed. The new statute now allows for the expulsion of students whose behavior contradicts commonly accepted social values and influences the educational atmosphere in a negative way.
            Protection Order against Domestic Violence, which enabled a survivor of domestic violence to file a court case for a "protection order" against the perpetrator of the violence, was established in 1998.
            Article 438 of the Penal Code, which provided for a reduction of one-third in the punishments for rapists if the victim was a sex worker, was repealed by the National Assembly.

V.3. Turkish Civil Code Reform in 2001
            The new Turkish Civil Code, approved by the Turkish Parliament on November 22, 2001 and applied on January 1, 2002, abolished the supremacy of men in marriage and thus established the full equality of men and women in the family. The new Code sets the equal division of property acquired during marriage as a default property regime for property acquired after the new code went in effect, assigning an economic value to women¡¯s hitherto invisible labor for the well-being of the family household. It also sets 18 as the legal minimum age for marriage for both women and men (it was previously 17 for men and 15 for women), gives the same inheritance rights to children born outside marriage as those born within marriage, and allows single parents to adopt children. In addition, in October 2001, Article 41 of the Constitution was amended, redefining the family as an entity that is "based on equality between spouses.¡± The new article reads: "The family is the foundation of Turkish society and is based on equality between spouses."
            The new Civil Code has taken a new approach to the family and to women¡¯s role in the family. The old legal approach, which assigned women a legislatively subordinate position in the family with rights and duties defined in respect to the husband, has been abandoned in favor of one that defines the family as a union based on equal partnership. This new concept is also reflected in the language of the new Code. The terms, ¡°the wife¡± and ¡°the husband¡± are replaced by ¡°the spouses.¡± Moreover, the legal language has been considerably simplified and out-of-date terminology replaced by comprehensible, modern terms, rendering the law more accessible for everyone. The new approach to the family is reflected in several changes:
            The husband is no longer the head of the family; spouses are equal partners, jointly running the matrimonial union with equal decision-making powers.
            Spouses have equal rights over the family abode.
            Spouses have equal rights over property acquired during marriage.
            Spouses have equal representative powers.
            The concept of ¡°illegitimate children,¡± which was used for children born out of wedlock, has been abolished; the custody of children born outside marriage belongs to their mothers.

V.4.Turkish Penal Code Reform in 2004
            On September 26th, 2004, the Turkish Penal Code Draft Law was accepted in the Turkish Parliament Grand National Assembly. Due to the success of the three-year campaign of the women¡¯s movement from 2002 to 2004, the new Turkish Penal Code includes more than thirty amendments that constitute a major step towards gender equality and protection of sexual and bodily rights of women and girls in Turkey. The amendments in the new Penal Code pertaining to women¡¯s human rights are as follows:
            Sexual offences are classified under the section ¡°crimes against individuals / crimes against inviolability of sexual integrity¡± instead of ¡°crimes against society / crimes against public morality and family¡± The definition of rape and sexual assault changed from ¡°forced or consensual seizure/attack of chastity¡± to ¡°any sexual behavior violating a person¡¯s bodily integrity.¡± This constitutes a groundbreaking shift in the overall perspective of Turkish Penal Law, legally acknowledging women¡¯s ownership of their bodies and sexuality.
            Progressive definitions of sexual offences are adopted, sexual harassment at the workplace is criminalized, and sentences for sexual crimes are increased. The definition of rape has been expanded to include anal and oral penetration, as well as the insertion of an object or any organ to the body. Psychological coercion is recognized as a means of coercion by the perpetrator and damage to the victim¡¯s psychological health is acknowledged as an aggravating circumstance. Sexual assaults under custody or by security forces, public officials or employers, by relatives or in laws are also regulated as aggravated offences. Sexual harassment is defined to include ¡°all harassment with sexual intent¡± and sexual harassment in the workplace, perpetrated both by superiors and co-workers, is explicitly recognized as an aggravated offence.
            Provisions regulating the sexual abuse of children have been amended to explicitly define sexual abuse and remove the notion of ¡°consent of the child¡± in sexual abuse. The old penal code did not acknowledge sexual abuse of children as a distinct crime, but rather regulated the crime under articles pertaining to rape and sexual assault. In the reformed penal code, sexual offences against children under fifteen have been aptly defined in a separate article entitled ¡°Sexual abuse of Children.¡± If the offence is perpetrated by parents, relatives, stepfathers, legal guardians, caretakers, teachers, and healthcare providers, it is considered an aggravated offence. Damage to the psychological health of the child is also acknowledged as an aggravating circumstance. Provisions assuming rape, sexual assault or sexual abuse of children can occur with the consent of the victim are also removed. In the old penal code, there were provisions assuming that sexual abuse of children could occur with their ¡°consent,¡± and foreseeing reduced sentences in such cases. In the reformed penal code, the notion which assumed that rape, sexual assault or sexual abuse of children could occur with the victim¡¯s consent has been eliminated and all references to consensual rape, sexual assault and sexual abuse of children have been removed.
            Marital rape is criminalized. Marital rape was not acknowledged as a crime in the old penal code. The justification of the article regulating rape stated that marital rape did not constitute a sexual offence. Marital rape has explicitly been acknowledged as a crime in the reformed penal code. It can be prosecuted upon the victim¡¯s complaint.
            Patriarchal concepts such as chastity, honor, public morality, public customs, shame or decency are eliminated from the penal code.
            There are new measures to prevent sentence reductions granted to perpetrators of honor killings and ¡°killings in the name of customary law¡± are regulated as aggravated homicide. In the old penal code, a general article regulating cases of ¡°Unjust Provocation¡± was often misinterpreted by judges to cover murders committed in the name of honor and was used to grant sentence reductions to perpetrators. In the reformed penal code, the article has been amended to only include ¡°unjust acts¡± and in the justification of the article, it has been explicitly stated this amendment was made to prevent its application to honor killing cases. Furthermore, ¡°killings in the name of customary law¡± have been defined as aggravated homicide in the new penal code, which does not encompass all honor killings, however still constitutes a significant advancement.
            Non-discrimination between virgin, non-virgin, married and unmarried women has been ascertained. The old penal code discriminated between virgin and non-virgin; or married and unmarried women, by regulating rape and abduction as aggravated crimes in case the woman was a virgin or married respectively. The provisions foreseeing more severe sentences if the rape victim is a virgin and if an abductee is married have been removed in the new penal code. The provision in the article on definitions, which made a distinction between ¡°women¡± and ¡°girls¡± is removed.
            The article granting sentence reduction to the killing of the newborn child born out of wedlock by the mother is removed. The article in the old penal code offering a reduced sentence for the murder of a newborn out of wedlock by the mother has been removed. This provision was based upon the notion that a child out of wedlock would compromise a woman¡¯s and family¡¯s ¡°honor¡± and thus such a murder could be legitimized.
            Provisions legitimizing rape and abduction in case the perpetrator marries the victim have been abolished. The old Turkish Penal Code entailed articles foreseeing reduction or suspension of the sentence in case rape or abduction perpetrators married their victims. This was based on a notion it would be better for a woman to marry her rapist, as this could save her ¡°honor,¡± and marrying the victim would thereby undo the offence. These provisions, which also served to legitimize forced marriages, have been removed in the new penal code.
            The article regulating ¡°indecent behaviours¡± has been amended only to include sexual intercourse in public and exhibitionism. This article foresaw criminalization of the so-called ¡°indecent behaviors,¡± or ¡°acts that severe others¡¯ feelings of ¡°chastity,¡± vague and subjective notions open to misuse by security forces and courts. The article was often used to prosecute sexual minorities on unfounded grounds. It could also be used to restrict women¡¯s sexual freedoms and rights. In the reformed penal code, the article has been amended only to penalize sexual intercourse in public and exhibitionism.

VI. Current Situations, Customs and Perceptions

VI.1. Modern Turkey
            The illegal attempt to preserve a proportional quota of women judges, even though there are other women who wish to be judges;
            The rare appointment of a woman as head of the court; Granting girls only the minimum compulsory education and regarding higher education for females as superfluous.
            Taking part in elections requires considerable expenditure and political parties tend to put their woman candidates in less favorable positions where they have little chance of being elected. Many women also have domestic responsibilities, such as caring for children. As a result, women often prefer not to participate in active politics and there are very few female members of parliament.

Bibliography

1. Article: Wikipedia, History of Turkey
http://en.wikipedia.org/wiki/History_of_Turkey
2. Article: Wikipedia, Women in Turkey
http://en.wikipedia.org/wiki/Women_in_Turkey
3. Article: Wikipedia, Mustafa Kemal Ataturk
http://en.wikipedia.org/wiki/Mustafa_Kemal_Atat%C3%BCrk
4. Regional and Rural-Urban Socio-Demographic Differences in Turkey, K. S. Srikantan. Middle East Journal. Vol.27, No.3 (summer, 1973) pp. 275-300.
5. Turkey, Country Studies, The Library of Congress, 1995
6. The New Constitution of Turkey. Edward Mead Earl. Political Science Quarterly, Volume 40, Issue 1(Mar., 1925), 73-100.
7. Turkish Civil and Penal Code Reforms from a Gender Perspective: The Success of Two Nationwide Campaigns. Ela Anil. WWHR - NEW WAYS. 2005
8. Bozkurt, G. ¡°The Reception of Western European Law in Turkey from the Tanzimat to the Turkish Republic, 1839-1939.¡± Islam-Zeitschrift fur Gesehichte und Kultur des Islamiscen Orients 75, no.2 (1998): 283-95
9. In Turkey, Degrees of Change in Women's Rights. Larisa Epatko. November 6, 2008. Online NewsHour
10. Benton, C. ¡°Many Contradictions: Women and Islamists in Turkey.¡± Muslim World 86, no.2(1996): 106-29¡±
11. Erdogan, Mustafa. ¡°Islam in Turkish Politics: Turkey¡¯s Quest for Democracy without Islam.¡± Critique 15(1999): 25-50
12. ¡°The Reception of Swiss Family Law in Turkey.¡± Anthropological Quarterly 46 (1972): 100-16
13. The Legal Status of Women in Turkey. Canan Arin. WWHR Report No.1. 1997
14. The New Legal Status of Women in Turkey. Ela Anil. Women for Women¡¯s Human Rights (WWHR) ? NEW WAYS, 2002
15. Attaturk¡¯s Legacy to the Women of Turkey. Durham, U.K.: Center of Middle Eastern and Islamic Studies, University of Durham, 1985
16. The status of rural women in Turkey: What is the role of regional differences? Ayse Gunduz-Hosgor, Jeroen Smits. Nijmegen Center for Economics Institute for Management Research, 2006
17. Female Education Inequality in Turkey: factors affecting girls¡¯ schooling. Anil Duman. Central European University, 2009
18. A Gender Review in Education, Turkey. Dr Nur Otaran, UNICEF. 2003
19. Documentary: Honour Killings: Turkey, United Nations. uploaded by United Nations on YouTube in 2008 http://www.youtube.com/watch?v=FtUS_JSxnwI
20. Film: Die Fremde (2010) directed by Feo Aladag
21. Film: Ayla (2010), directed by Su Turhan
22. New York Times. How to Avoid Honor Killing in Turkey? Honor Suicide. Dan Bilefsky. July 16, 2006
23. In Turkey, 'Honor Killing' Follows Families to Cities; Women Are Victims Of Village Tradition. Molly Moore. Washington Post Foreign Service Wednesday, August 8, 2001
24. Women told: 'You have dishonoured your family, please kill yourself'. Ramita Navai in Batman, eastern Turkey. The Independent; Europe. March, 2009
25. The Dynamics of Honor Killings in Turkey. Filiz Kardam. United Nations Population Funds, 2005.

Bibliographic Sources

1. Metin Heper. Historical Dictionary of Turkey. Scarecrow Press. 2002
2. Website. WHKMLA: History of Turkey http://www.zum.de/whkmla/region/asmin/xturkey.html

Primary Sources

1. Turkish Constitution of 1924 ( in English as it was adopted, without amendments)
2. Constitution of the Republic of Turkey (Constitution of 1982)
3. Official translation of the proposed changes by the Government in Turkish constitutional referendum, 2010



Draft 1 . . Go to Teacher's Comment

I. Introduction
II. Definition
III. Method of Study
IV. Historical Context
V. Revised Constitutions of the Republic of Turkey
V.1. Women¡¯s Status
V.2. Outlawing of Discriminatory Social Customs
VI. Modern Turkey
VI.1. Women¡¯s Status
VI.2. Social Customs
VII. Traditional Turkey
VII.1. Women¡¯s Status
VII.2. Social Customs
VIII. Analysis
VI.1. Contrast between Modern and Traditional Turkey
VI.2. Discrepancy between Institution and People
VI.3. Causes of the Discrepancy
VI.4. Impact of the Discrepancy
IX. Conclusion
Notes
Bibliography

I. Introduction
            Turkey is one of the most modernized and westernized countries in the Middle East. Ataturk¡¯s Reforms transformed the country¡¯s legal institutions into modern and westernized ones by the abolition traditions and conventions along with active promotion of western laws and practices. However, the actual situation in Turkey, the social customs and the consciousness of the people were slow to follow the legal reforms. Furthermore, Turkey became to bear two distinct types of society in itself, a relatively modern one and a traditional one. The western part of Turkey generally turned into a liberal European-minded society while the eastern part was far from change. The discrepancy between the modernization of legal institutions and social customs in traditional Turkey is especially evident in gender issues, which is the focus of this paper. I will explore the historical context, modernization of legal institutions, the resulting modern Turkey and its comparison with the discrepancy in traditional Turkey. In the analysis, last part of this paper, I will extend the case of Turkey into more general terms so that the discussion of discrepancy between institution and people in the society overall is possible.
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IV. Historical Context
            After World War I, the Turkish War of Independence was waged under the leadership of Mustafa Kemal Pasha with the aim of revoking the terms of the Treaty of Sevres. In 1922, as result, the new Turkish state was established and the newly founded parliament formally abolished the Sultanate. Mustafa Kemal became the first president of the Republic of Turkey and subsequently introduced a series of political, legal, cultural, social and economic reforms that aimed at modernizing and westernizing the new Republic of Turkey into a democratic and secular nation-state. The fundamentals of the reform were abolition of the office of the Ottoman Sultanate in 1922, proclamation of the Republic in 1923 and abolition of the office of Caliphate held by the Ottoman Caliphate.
            One of the significant changes brought about by the reforms was the end of millet system by which people formed millets and traditionally enjoyed a degree of autonomy, with their own leadership under their own system of religious and cultural law. Moreover, the Islamic courts and Islamic canon law were replaced by a secular law structure base on the Swiss Civil Code.
            Another societal element that changed radically through the reforms is female status.

Bibliography
1. Article: Wikipedia, History of Turkey
2. Article: Wikipedia, Women in Turkey
3. Turkey, Country Studies, The Library of Congress
4. The New Constitution of Turkey. Edward Mead Earl. Political Science Quarterly, Volume 40, Issue 1(Mar., 1925), 73-100.
5. Turkish Civil and Penal Code Reforms from a Gender Perspective: The Success of Two Nationwide Campaigns. Ela Anil. WWHR - NEW WAYS. 2005
6. Bozkurt, G. ¡°The Reception of Western European Law in Turkey from the Tanzimat to the Turkish Republic, 1839-1939.¡± Islam-Zeitschrift fur Gesehichte und Kultur des Islamiscen Orients 75, no.2 (1998): 283-95
7. In Turkey, Degrees of Change in Women's Rights. By Larisa Epatko. Online NewsHour
8. Benton, C. ¡°Many Contradictions: Women and Islamists in Turkey.¡± Muslim World 86, no.2(1996): 106-29¡±
9. ¡°Islam in Modern Turkey.¡± In Islam in the Modern World, ed. Dorothea S. Frank. Washington, D.C.: Middle East Institute, 1951
10. Erdogan, Mustafa. ¡°Islam in Turkish Politics: Turkey¡¯s Quest for Democracy without Islam.¡± Critique 15(1999): 25-50
11. ¡°The Reception of Swiss Family Law in Turkey.¡± Anthropological Quarterly 46 (1972): 100-16
12. Tucker, Judith. ¡°Revisiting Reform: Women and the Ottoman Law of Family Rights.¡± Arab Studies Journal 4, no.2(1996): 4-18
13. Status of Women in Turkey. 3rd ed. Ankara: Meteksan, 1989.
14. The Rights and Responsibilities of the Turkish Women. Trans. Ahmet E. Uysal. Ankara: Turk Tarih Kurumu Basimevi, 1981
15. The Legal Status of Women in Turkey. Canan Arin. WWHR Report No.1
16. The New Legal Status of Women in Turkey. Ela Anil. Women for Women¡¯s Human Rights (WWHR) ? NEW WAYS, 2002
17. Bing, Edward J. ¡°Progress of Women in New Turkey.¡± Current History 18 (1923): 305-11
18. Attaturk¡¯s Legacy to the Women of Turkey. Durham, U.K.: Center of Middle Eastern and Islamic Studies, University of Durham, 1985
19. The status of rural women in Turkey: What is the role of regional differences? Ayse Gunduz-Hosgor, Jeroen Smits. Nijmegen Center for Economics Institute for Management Research, 2006
20. Female Education Inequality in Turkey: factors affecting girls¡¯ schooling. Anil Duman. Central European University
21. A Gender Review in Education, Turkey. Dr Nur Otaran, UNICEF
22. Documentary: Honour Killings: Turkey. United Nations
23. Film: Die Fremde (2010) directed by Feo Aladag
24. Film: Ayla (2010), directed by Su Turhan
25. New York Times. How to Avoid Honor Killing in Turkey? Honor Suicide. Dan Bilefsky. July 16, 2006
26. In Turkey, 'Honor Killing' Follows Families to Cities; Women Are Victims Of Village Tradition. Molly Moore. Washington Post Foreign Service Wednesday, August 8, 200
27. Women told: 'You have dishonoured your family, please kill yourself'. Ramita Navai in Batman, eastern Turkey. The Independent; Europe. March, 2009
28. The Dynamics of Honor Killings in Turkey. Filiz Kardam. United Nations Population Funds.

Bibliographic Sources
1. Metin Heper. Historical Dictionary of Turkey. Scarecrow Press. 2002
2. Website. WHKMLA: History of Turkey http://www.zum.de/whkmla/region/asmin/xturkey.html

Primary Sources
1. Turkish Constitution of 1924 ( in English as it was adopted, without amendments)
2. Constitution of the Republic of Turkey (Constitution of 1982)
3. Official translation of the proposed changes by the Government in Turkish constitutional referendum, 2010



Working Table of Contents . . Go to Teacher's Comment

I. Introduction
II. Definition
III. Method of Study
IV. Turkey
IV.1. Historical Context
IV.1.1. Transition into a Republic
IV.2. Revised Constitutions
IV.2.1. Women¡¯s Status
IV.2.2. Outlawing of Discriminatory Social Customs
IV.3. Social Customs and Perception
IV.3.1. Women¡¯s Status
IV.3.2. Remaining Discriminatory Social Customs
IV.3.3. Social Perception
IV.4. Causes of the Discrepancy
IV.5. Progress in Change
V. Malaysia
V.1. Historical Context
V.1.1. British Colony
V.1.2. Federation of Malaya
V.2. Revised Constitutions
V.2.1. Law Reform Act (LRA)
V.2.2. Inheritance
V.2.2. Syariah Court
V.3. Social Customs and Perception
V.3.1. Polygamy
V.3.1.1. Practices
V.3.1.2. Social Perception
V.3.2. Islamic Family Law Act (IFLA)
V.5. Progress in Change
VI. Analysis
IV.1. Contrast between Turkey and Malaysia
IV.2. Discrepancy between Institution and People
IV.3. Causes of the Discrepancy
IV.3. Impact of the Discrepancy
VII.Conclusion
Notes
Bibliography



List of References . . Go to Teacher's Comment

Bibliography
Secondary Sources :
1. Benton, C. "Many Contradictions: Women and Islamists in Turkey." Muslim World 86, no.2(1996): 106-29
2. "Islam in Modern Turkey." In Islam in the Modern World, ed. Dorothea S. Frank. Washington, D.C.: Middle East Institute, 1951
3. Bozkurt, G. "The Reception of Western European Law in Turkey from the Tanzimat to the Turkish Republic, 1839-1939." Islam-Zeitschrift fur Gesehichte und Kultur des Islamiscen Orients 75, no.2 (1998): 283-95
4. Erdogan, Mustafa. "Islam in Turkish Politics: Turkey¡¯s Quest for Democracy without Islam." Critique 15(1999): 25-50
5. "The Reception of Swiss Family Law in Turkey." Anthropological Quarterly 46 (1972): 100-16
6. Tucker, Judith. "Revisiting Reform: Women and the Ottoman Law of Family Rights." Arab Studies Journal 4, no.2(1996): 4-18
7. Status of Women in Turkey. 3rd ed. Ankara: Meteksan, 1989.
8. The Rights and Responsibilities of the Turkish Women. Trans. Ahmet E. Uysal. Ankara: Turk Tarih Kurumu Basimevi, 1981
9. Bing, Edward J. "Progress of Women in New Turkey." Current History 18 (1923): 305-11
10. Attaturk¡¯s Legacy to the Women of Turkey. Durham, U.K.: Center of Middle Eastern and Islamic Studies, University of Durham, 1985
11. Documentary. United Nations. Honour Killings: Turkey
12. New York Times. How to Avoid Honor Killing in Turkey ? Honor Suicide. Dan Bilefsky. July 16, 2006
13. Seda-Poulin, Maria Luisa. "Islamization and Legal Reform in Malaysia: The Hudud Controversy of 1992." In Southeast Asia Affairs 1993, ed. Dalijit Singh. Singapore: Institute of Southeast Asian Studies, 1993.
14. Gender Discriminatory Laws in Malaysia, Women's Centre for Change (WCC), Penang, November 2008
15. Country Briefing Paper: Women in Malaysia, Aminah Ahmad, December 1998
16. Women¡¯s Equality In Malaysia. Women's Aid Organisation. Pertubuhan Pertolongan Wanita March. 2001
17. The Progress of Malaysian Women Since Independence 1957-2000. Minister of Women and Family Development Malaysia. July 2003
Primary Sources
1. Turkish Constitution of 1924 ( in English as it was adopted, without amendments)
2. Constitution of the Republic of Turkey (Constitution of 1982)
3. Official translation of the proposed changes by the Government in Turkish constitutional referendum, 2010
4. Federal Constitution of Malaysia
5. Law Reform Act (Marriage and Divorce) of 1976
6. Law Reform Act of 1995
7. Islamic Family Law Act (IFLA) of Malaysia



Working Table of Contents . . Go to Teacher's Comment

I. Introduction
II. Definition
III. Method of Study
IV. Turkey
II.1. Historical Context
II.1.1. Transition into a Republic
II.2. Revised Constitutions
II.2.1. Women¡¯s Status
II.2.2. Outlawing of Discriminatory Social Customs
II.3. Social Customs and Perception
II.3.1. Women¡¯s Status
II.3.2. Remaining Discriminatory Social Customs
II.3.3. Social Perception
II.4. Causes of the Discrepancy
II.5. Progress in Change
V. Malaysia
III.1. Historical Context
IV.1.1. British Colony
IV.1.2. Federation of Malaya
III.2. Revised Constitutions
IV.2.1. Law Reform Act (LRA)
IV.2.2. Inheritance
IV.2.2. Syariah Court
III.3. Social Customs and Perception
IV.3.1. Polygamy
IV.3.1.1. Practices
IV.3.1.2. Social Perception
IV.3.2. Islamic Family Law Act (IFLA)
III.5. Progress in Change
VI. Analysis
IV.1. Contrast between Turkey and Malaysia
IV.2. Discrepancy between Institution and People
IV.3. Causes of the Discrepancy
IV.3. Impact of the Discrepancy
VII.Conclusion
Notes
Bibliography



Topic adjustment . . Go to Teacher's Comment

I decided to compare Turkey with Malaysia
I found that while Turkey enacted westernized/modernized laws comparatively forcefully over all people and therefore have not been effective, Malaysia considered Muslims and even had two separate systems of courts one of which is Syariah Court that has jurisdictions over matters involving Muslim.
So I'm thinking that as i study more about the two countries Turkey would turn out to have had a progress of radical and progressive, thus ineffective (only on the paper and not in practice) and Malaysia gradual and more considerate of the local customs, thus gradually effective westernization/modernization of legal system (on the issue of gender)



Working Table of Contents . . Go to Teacher's Comment

I. Introduction
II. Turkey
II.1. Historical Context
II.1.1. Transition into a Republic
II.2. Revised Constitutions
II.2.1. Women's Status
II.2.2. Outlawing of Discriminatory Social Customs
II.3. Social Customs and Perception
II.3.1. Women's Status
II.3.2. Remaining Discriminatory Social Customs
II.3.3. Social Perception
II.4. Progress in Change
III. Korea
III.1. Historical Context
III.1.1. Arrival of Missionaries
III.1.2. Transition into a Republic
III.2. Revised Constitutions
III.2.1. Women's Status
III.2.2. Outlawing of Social Customs
III.2.2.1. Polygamy
III.3. Social Customs and Perception
III.3.1. Women's Status
III.3.2. Resistance of Social Customs
III.3.3. Social Perception
IV. Singapore
IV.1. Historical Context
IV.1.1. English Common Law in 1826
IV.2. Woman¡¯s Charter Bill in 1960
IV.2.1. Women's Status
IV.3. Social Customs and Perception
IV.3.1. Women's Status
IV.3.2. Social Perception
IV.4. Singapore Muslim
IV.4.1. Women's Status
IV.4.2. Discriminatory Social Customs
V. Analysis
V.1. Discrepancy between Institution and People
V.2. Impact of the Discrepancy
VI. Conclusion
Notes
Biography



List of References . . Go to Teacher's Comment

These are the movies that i saw when i went to Seoul International Women's Film Festival as a youth jury

Die Fremde (2010), directed by Feo Aladag
Feo Aladag is an Austrian director married to Turkish/German author Zuli Aladag, who is also the producer of Die Fremde.

Ayla (2010), directed by Su Turhan
Su Turhan was born in Istanbul but immigrated to Germany at the age of two.

http://www.youtube.com/watch?v=FtUS_JSxnwI
this video has interviews with Turkish people including a man who commited honor killing and women whose families threaten to kill them

http://www.nytimes.com/2006/07/16/world/europe/16turkey.html
this article was also interesting because it implies that even if honor killing is banned by law, social perception may push women to commit 'honor suicide'