The path to child abuse opened by our civil laws

According to the Turkish Civil Code (TMK), any child who turns 16 can be allowed to marry if their family appeals to the family court for permission. In 2011 for instance, 20,000 families have gone to court demanding permission to marry their 16-year-old daughters.  

As a matter of fact, the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) and the Istanbul Convention, both of which we are a party to, do not allow early marriages.

International agreements have the force of law. Article 90 of the constitution, amended in 2004, says, "In case of contradiction between international agreements regarding basic rights and freedoms approved through proper procedure and domestic laws due to different provisions on the same issue, the provision of international agreements shall be considered."

A law can be taken to the Constitutional Court on grounds that it is unconstitutional but international treaties cannot. In this sense, these agreements are even stronger than laws. In this case, we can say that the articles in the TMK about early marriage are against the constitution. 

Academic studies and researches have shown that early marriage damages the psychological and physical health of the child. Early pregnancy may result in death. Because the genital area of the child is not suitable for birth, the mortality rate during child birth is high. Even if the child is born, its mortality rate until the age of 5 is 70 percent higher than other children. 

Early marriage deprives the child of education. The child leaves or forced to leave school. Even though the child's psychical and spiritual development is a constitutional right, a child who is married early is deprived of this self-development right.