GENDER DISCRIMINATION IN THE TURKISH CITIZENSHIP LAW
Abstract:
Citizenship means a commitment to the state therefore it shapes the lives of individuals. Citizenship is acquired by law and it can be lost due to the law adjustment. Gender discrimination is a kind of classification between men and women that’s why it deprives people of some rights. Gender discrimination is not fitted any other state of law so it is prohibited to do gender discrimination in both national and international law. Abrogated Turkish citizenship law has many provision which includes gender discrimination. With this provision, some of the right which is given to women are not given to men and vice versa. These provisions were abolished in time but people who suffer it …show more content…
Citizenship and Acquiring Citizenship is a special bond between state and individuals that’s why acquiring citizenship and its results are regulated by law. These regulations provide safety for the citizenship. Acquiring citizenship is regulated by law in force which is 5901 Turkish Citizenship Law. Citizenship can be acquired by paternity, place of birth, right of choice or decision of the competent authority. Acquiring citizenship by decision of competent authority can be happened with following ways: General way of acquiring Turkish Citizenship, Exceptional way of acquiring, acquiring with marriage and acquiring with adoption. According to paternity way of acquiring, child who has Turkish father or mother automatically has a right to acquire Turkish citizenship. It means child who was born from Turkish mother automatically acquires Turkish citizenship although his father is not Turkish . According to 5901 law no, father and mother are not differentiated, they are considered both equal.
III. Abrogated Law no 403 and Gender Discrimination Even if the law in force prevents the gender discrimination, abrogated 403 law no which was in force between 22.05.1964 and 17.02.1981 had an regulation which causes gender discrimination . Abrogated Turkish Nationality Law ’s 1.clause was as …show more content…
However, if the mother has a Turkish citizenship, then father related conditions are considered. As a justification of that code, country interest and safety terms were used. It means, child has a Turkish mother becomes a threat for the country but child with a Turkish father does not. It is not possible to accept such a threat that will exist if the child has Turkish mother and it will be disappeared if the father is Turkish . This regulation was applied during the 27 years and even if it is abrogated, its effects and the problems continue because acquiring Turkish citizenship is determined according to force in law in the birth time . These people have a right to choose Turkish citizenship after reaching maturity but it is also obvious that these people lost their bond with Turkey that’s why it is not enough to give them this right. In addition to that, some of the codes give the right to acquire Turkish citizenship for foreign women but some of those rights are not valid for men. According to clause 7, women married with Turkish men can acquire Turkish citizenship in exceptional circumstances but this opportunity is not given to foreign men and this causes discrimination in
Abstract:
Citizenship means a commitment to the state therefore it shapes the lives of individuals. Citizenship is acquired by law and it can be lost due to the law adjustment. Gender discrimination is a kind of classification between men and women that’s why it deprives people of some rights. Gender discrimination is not fitted any other state of law so it is prohibited to do gender discrimination in both national and international law. Abrogated Turkish citizenship law has many provision which includes gender discrimination. With this provision, some of the right which is given to women are not given to men and vice versa. These provisions were abolished in time but people who suffer it …show more content…
Citizenship and Acquiring Citizenship is a special bond between state and individuals that’s why acquiring citizenship and its results are regulated by law. These regulations provide safety for the citizenship. Acquiring citizenship is regulated by law in force which is 5901 Turkish Citizenship Law. Citizenship can be acquired by paternity, place of birth, right of choice or decision of the competent authority. Acquiring citizenship by decision of competent authority can be happened with following ways: General way of acquiring Turkish Citizenship, Exceptional way of acquiring, acquiring with marriage and acquiring with adoption. According to paternity way of acquiring, child who has Turkish father or mother automatically has a right to acquire Turkish citizenship. It means child who was born from Turkish mother automatically acquires Turkish citizenship although his father is not Turkish . According to 5901 law no, father and mother are not differentiated, they are considered both equal.
III. Abrogated Law no 403 and Gender Discrimination Even if the law in force prevents the gender discrimination, abrogated 403 law no which was in force between 22.05.1964 and 17.02.1981 had an regulation which causes gender discrimination . Abrogated Turkish Nationality Law ’s 1.clause was as …show more content…
However, if the mother has a Turkish citizenship, then father related conditions are considered. As a justification of that code, country interest and safety terms were used. It means, child has a Turkish mother becomes a threat for the country but child with a Turkish father does not. It is not possible to accept such a threat that will exist if the child has Turkish mother and it will be disappeared if the father is Turkish . This regulation was applied during the 27 years and even if it is abrogated, its effects and the problems continue because acquiring Turkish citizenship is determined according to force in law in the birth time . These people have a right to choose Turkish citizenship after reaching maturity but it is also obvious that these people lost their bond with Turkey that’s why it is not enough to give them this right. In addition to that, some of the codes give the right to acquire Turkish citizenship for foreign women but some of those rights are not valid for men. According to clause 7, women married with Turkish men can acquire Turkish citizenship in exceptional circumstances but this opportunity is not given to foreign men and this causes discrimination in