Law on the Protection of Family and Prevention of Violence Against Women and Istanbul Convention

Making statements about the Istanbul Convention, which has come to the fore frequently lately, and the scope and important topics of the law numbered 6284, Hunting. Burcu KırçılHe said that the law contains provisions that will enable important steps to be taken in combating and preventing violence.

The first convention in international law that has the power to sanction violence against women and domestic violence, opened for signature in Istanbul on 11 May 2011 by the Council of Europe Committee of Ministers.Convention on Preventing and Combating Violence Against Women and Domestic Violence”Or as it is known as the“ Istanbul Convention ”, it keeps its place on the agenda with the cases of violence against women.

Making statements about the contract Kırçıl Law Firm Founder and Manager Hunting. Burcu KırçılHe said that the convention includes prevention, protection, prosecution and policies for establishing victim support mechanisms to create a comprehensive legal framework for combating violence against women. Emphasizing that violence against women is a violation of human rights that causes physical, mental, social, sexual and economic harm, suffering, loss of dignity, loss of self-confidence and continuing discrimination against women, to whom women from all segments of society are or may be exposed, Av. Burcu Kırçıl,

He explained that in our domestic law, developments in international law were followed and institutional studies were carried out to prevent violence.

"Law on Protection of Family and Prevention of Violence Against Women"

On March 8, 2012 numbered 6284 “Law on the Protection of Family and Prevention of Violence Against Women"Who said that the flour was created Hunting. Burcu Kırçıl, “The Law No. 6284 essentially includes the protection measures regulated in Law No. 4320. However, the new law includes comprehensive regulations in terms of the scope of victims of violence, prevention of violence, giving protection orders and establishing inter-institutional coordination, and temporary financial assistance to the victim. " said.

Protective Measure Decisions

Stating that the new law contains provisions that will enable important steps to be taken in combating and preventing violence. Hunting. Burcu Kırçıl noted:

Under the title of judge protective cautionary decisions in accordance with the Law No. 6284;

• Changing the workplace of the protected person,
• If the person is married, determining a settlement separate from the common settlement,
• In the presence of the conditions and upon the request of the protected person, placing a family residence annotation in the land registry,
• If there is a life-threatening danger in terms of the protected person and it is understood that other measures will not be sufficient to prevent this danger, it may decide to change the identity and other related information and documents according to the provisions of the Witness Protection Law No. 5726, based on the informed consent of the relevant person.

In addition to the protective measures in question, preventive cautionary decisions can also be taken by the judge against the perpetrators. These;

• Not making any words or behaviors that include threats of violence, insults, humiliation or humiliation towards the victim of violence,
• To be removed from its location immediately,
• Immediate removal from the common residence,
• Allocating the common house to the protected person,
• Does not approach the protected persons,
• Protected persons do not approach their residence, school and workplace,
• If there is a decision to establish a personal relationship with the children before, the personal relationship is accompanied by a companion, restriction or complete removal of the personal relationship,
• If deemed necessary, the protected person does not approach their children, without prejudice to the relatives, witnesses and the establishment of a personal relationship, even if they have not been subjected to violence,
• Personal belongings of the protected person,
• The protected person does not damage household items,
• Does not disturb the protected person by means of communication or any other means,
• Handing over weapons that are legally permitted to be kept or carried to law enforcement,
• Even if he performs a public duty that is obliged to carry a gun, he should surrender the gun that is embezzled due to this duty to his institution,
• Protected persons do not use alcohol or drugs or stimulants in their places,
• Not approaching the protected persons or their places while under the influence of alcohol or drugs or stimulants,
• Providing examination and treatment, including hospitalization in case of addiction to alcohol or drugs or stimulants,
• It may be decided to apply to a health institution for examination or treatment and to provide treatment.

The Family Court may apply simultaneously to the measures it deems necessary among the measures regulated in the Law regarding the perpetrators of violence, or may decide on similar measures.

Protective Measure Decisions to be Taken by the Local Authority

Law No. 6284 also regulated protective cautionary decisions to be taken by the administrative authority. These;

1. a) Providing suitable shelter for himself and, if necessary, for his accompanying children, in his or her location.
2. b) Temporary financial aid, without prejudice to the aids to be made under other laws.
   c) Providing guidance and counseling in psychological, professional, legal and social aspects. ç) Taking under temporary protection upon the request of the person concerned or ex officio, in case of life-threatening.
3. d) If necessary, provided that a period of four months to support the participation of the protected person in working life, if the person has children, and a period of two months if the person is working, it is not exceeding half of the monthly net minimum wage determined each year for those over the age of sixteen and is documented. Providing nursery facilities by meeting.

An important point is that, in cases where delay is inconvenient, the measures specified in subparagraphs (a) and (ç) of the aforesaid provision can also be taken by the relevant law enforcement officers.

In addition to the measures included in the Law No. 6284, the judge can also apply with protective and supportive measures included in Article 5395 of the Child Protection Law No. 5.

Protective and Supporting Measures

Protective and supportive measures are measures to be taken in the areas of counseling, education, care, health and accommodation to ensure that the child is protected primarily in his family environment. Of these;

1. a) Counseling measureabout raising children to those responsible for the child's care; to guide children in solving their problems regarding their education and development,
   b) Education measuredaytime or boarding attendance of the child to an educational institution; to attend a vocational or artistic course or to obtain a profession

to be placed next to a master or in public or private sector workplaces,
c) Maintenance measureIn the event that the person responsible for the care of the child cannot fulfill his / her duty for any reason, to benefit from the official or private nursing home or foster family services or to be placed in these institutions,
d) Health measure, the temporary or permanent medical care and rehabilitation required for the protection and treatment of the physical and mental health of the child, treatment of those who use addictive substances,

1. e) Shelter measureis a measure to provide suitable accommodation for people with children who do not have a shelter or pregnant women whose lives are in danger.

Stating that in case of acting contrary to the requirements of all cautionary decisions, the violator is subjected to a forced imprisonment from three to ten days with the decision of the family court judge. Hunting. Burcu KırçılThe duration of the coercive prison is from fifteen to thirty days, but the total duration of the coercive prison cannot exceed six months.

Hunting. Who is Burcu Kırçıl?

Hunting. Burcu KIRÇIL started her professional activities in 2002, when she graduated from Ankara University Faculty of Law. Having established his own law firm in 2007 in line with his experience in practice, Atty. Kırçıl in 2015, it was authorized individually "callact" is a call center company by establishing case of Turkey's leading banks and clients operating in many different areas, including companies, serves in advisory and enforcement. He has been working as an "expert mediator" in addition to his legal profession for more than 17 years.