Lawyer Ceren Akkaya points out that the attacks on women’s rights will not be limited to the legal amendment on alimony, and says that it may make it harder for women to decide to have a divorce with the aim of getting away from violence and building a life away from violence.
The details of the legal amendment expected to be introduced to the right of alimony have recently been reported in the press. Awaiting to be reviewed by Justice Minister Bekir Bozdağ, the amendment plans to introduce a time limit to the right of alimony after divorce.
Accordingly, the time during which alimony is to be paid will be limited to 5 years for marriages that lasted less than 2 years and to 12 years for those that continued for 5 to 10 years. The related law is expected to be amended in such a way that the duration of alimony payment will be determined based on the duration of marriage for marriages that lasted more than 15 years.
Depending on the circumstances of the parties, it will be at the discretion of the judge to set the time limit. The judge will consider the “job and income situations of spouses” in making this decision.
How will it affect the lives of women?
Lawyer Ceren Akkaya from the İstanbul Purple Roof Women’s Shelter Foundation talks to Bianet news platform and comment on the legal amendment expected to introduce a time limit to the right of alimony in Turkey.
Akkaya says that without eliminating women’s aggravating poverty and taking the necessary steps to ensure gender equality in Turkey or without making way for women’s employment by offering support such as kindergarten support, etc. – as it is required in a social state – we cannot talk about the issue of alimony.
No data has been presented to by the state about alimony; however, the studies conducted by various civil society organizations and research companies have shown that the average amount of alimony is around 300 Turkish Lira (~22 US Dollars) in a month and most of it cannot be collected. Akkaya says, “We do not give up saying that if there is a problem with alimony, it is a problem concerning the collection of this money and a problem of women’s poverty.”
She also underlines that the amendment foreseeing a year limit will not do good to anyone because the law already does not foresee an indefinite alimony. “Besides, with this issue brought to the agenda from time to time for nearly the last four years, there has emerged a tendency among judges to limit the duration of alimony payment or to reduce the amount of alimony to be paid.”
According to Akkaya, feeling at ease thanks to this issue being brought to the agenda, the ones obligated to pay alimony have started acting more comfortable about it. For this reason, they want the Civil Code’s provisions on alimony and its all other provisions to be left as they are without any legal amendments and we are insistent on this demand.
“A precursor to other interferences with women’s rights”
“It seems that this amendment is to be introduced upon the pressure of various small groups such as the ‘aggrieved fathers platform’ because no one apparently listens to women, women’s organizations or the studies conducted.
I am also of the opinion that various amendments desired to be introduced to the Civil Code should naturally be regarded as a precursor to other interferences with women’s rights.
If it begins with amendments to the right to alimony, other amendments may unfortunately follow. We already see that there are also preparations to amend the law in terms of divorce. If this legal amendment is passed, it may make it harder for women to decide to have a divorce with the aim of getting away from violence and building a life away from violence.
Because while several women are now farther away from employment and responsible for precarious care work and especially in a period when poverty is getting deeper in Turkey, it may naturally lead them to see this time limit on alimony as an obstacle in their way.”
Source: Bianet