Open AccessFamily Law, Human Rights and Gender: An Examination of Turkish Comparative Rectitude
Author(s) -
Nadire Özdemir
Publication year - 2019
Publication title -
kadın 2000
Language(s) - English
Resource type - Journals
ISSN - 1302-9916
DOI - 10.33831/jws.v20i1.53
Subject(s) - spouse , wife , turkish , human rights , duty , law , jurisprudence , psychology , interpretation (philosophy) , political science , sociology , criminology , social psychology , philosophy , linguistics , computer science , programming language
This article is an examination of Turkish jurisprudence of comparative rectitude in divorce cases, in terms of human rights and gender. I will focus on the cases in where one spouse (usually the wife) has been adulteress while the other spouse (usually the husband) has committed violence against his spouse. The decisions of the courts claiming the adulteress and violence perpetrator are equal at faults or sometimes violence perpetrator at a lesser fault will be criticized. Critics will be brought on 'fidelity' as a marital duty, which is a vague concept, and its sexist interpretation in legal disputes. Another legal framework in marital duties that does not shape moral or sexual behaviours of the spouses but avoids human rights abuses will be proposed as concluding thoughts.