The Campaign for the Protection Order against Domestic Violence

According to Article 41 of the Constitution the family is the basis of society. It is the smallest unit through which individuals constitute membership of society, and with the establishment and perpetuation through mutual consent of a healthy family structure which has a direct impact on the formation of society and its future continuation in a sound form.

In our country rapid industrialisation and the parallel urbanisation have produced a rapid shift away from the traditional extended family structure of grandmother, grandfather, mother, father and grandchildren to a narrower definition of a family structure as embodied in the nuclear family of mother, father and child. The prevailing difficult economic conditions, social and conceptual confusion, and the exhausting pace of city life result in members of the family suffering psychological and social distress.

Violence began with the appearance of the first people and, in a variety different forms and methods of application, has remained a problem ever since. Violence in family life or "violence in the family" between different family members, which can be defined as "physical verbal or emotional abuse by one member of a family of another" is more dangerous to society and the damage that violence within the family, which is the smallest unit in society, causes and may cause deeper and more indelible damage to the structure of society itself. Violence within the family not only damages society; it also has a dangerous effect on the individual. The application of violence within the family by a person who should be showing love, affection and compassion, leaves psychological scars on the victim which may prove difficult ever to erase. Research has shown that mothers and children are the most likely victims of violence in the family.

In recent years violence within the family has reached shocking dimensions in our society. It is possible to see examples of beatings, torture and killings in the family every day in the printed and visual media.

For this reason, taking into consideration the statement in Article 41 of the Constitution that "the state takes measures to protect the welfare and peace of the family and particularly to protect the mother and the children and establishes mechanisms as required” legal measures need to be taken to protect women and children who are subject to violence within the family.

With the "Draft Law on the Protection of the Family”, prepared with this aim in mind and, taking into account the practices in countries such as the US, Australia, New Zealand, Britain, Ireland and Norway, provisions ensuring the right of women who are exposed to the possibility of violence to apply to the court to secure protection orders are hereby incorporated in the Turkish legal system.