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One of the reasons for this unstable approach is the fact that realizing the gender…
The Istanbul Convention in this regard notes that the judicial bodies shall further…
In 2008, TCC reviewed article 86/3 of the Turkish Criminal Code(19)…
TCC in its assessment referred to the positive obligations of the state in the context…
In a similar situation, an amendment regarding gender-based violence was made in…
While seemingly similar reasonings by TCC, the two situations bear important differences.…
In the face of an ever-growing trend of impunity for the perpetrators and the exponential…
Most gender-based violence cases within the context of Turkey emerge as domestic…
In such cases, the recent caselaw of the ECtHR accepts that the States have a duty…
Constitutional Court of Turkey decided on a number of cases concerning such interim…
It shows that TCC employed the view of article 31 of the Istanbul Convention where…
TCC held that the State had positive obligations regarding interpersonal relations…
TCC followed a similar outlook to the dissenting opinion in another decision. Özlem Tuncel…
A similar negligence was present in the case of Nefise Erdoğan and Abdurrahman Erdoğan decision
Two other decisions made by TCC concern similar shortcomings by the State failing…
In this instance TCC regarding the reduced sentence as a problem but not seeing it…
The second case, Fatma Güneş application(39), too concerns the applicant’s daughter, E.B., who was killed by her husband R.B. Prior to her murder, E.B. had complained to public authorities for her husband had abused and insulted her, had protective measures in place, and the ensuing judicial proceedings resulted in a judicial fine and a decision of deferral of the announcement of the verdict. TCC, despite referring to
TCC reasoned solely from the grounds of protective measures and stated that the State…
The Istanbul Convention foresees integrated and systemic policies to be adopted(41),…
Further on this point, the case of Opuz v. Turkey(43)…
In the case, the applicant, Nahide Opuz, and her mother had been subjected to repeated…
Looking back at the previous decisions by TCC in light of the identified shortcomings…
