Saturday, January 30, 2010

Ground-Breaking Decision on Early Marriage

BIA 29.01.2010- Lawyer Kayar appreciated Judge Karınca's decision to take the families economic situation and the children's education into account in cases related to early marriage permit. Kayar emphasized that families should be counselled throughout the entire case.
Judge Eray Karınca from the Ankara 8th Family Court decided not to give permission to the marriage of 16-year-old girl F.Ş. with a relative of hers. Karınca decreed for social support for the family and for the children to be sent to school.

Lawyer Habibe Yılmaz Kayar appreciated the decision and emphasized that full support of counselling should be provided for cases related to marriage permit. "Why is that marriage necessary, what are the intentions and does the child give her consent? Only after having received answers to these questions is it useful to consider the file", Kayar said.
"Parents' opinion not enough on its own"

Kayar drew attention to the fact that in Turkey many applications have been made for the permit of early marriage. The lawyer argued that a large number of those early marriages were arranged regardless of the child's consent.

Kayar stressed the need for a careful investigation into requests of marriage for under-aged children. It should be confirmed that there is a crucial reason for the necessity of that marriage which should correspond to human rights, Kayar underlined. "The approval of the parents on its own should not be considered sufficient for changing a child's life that way. It must also be determined whether the child agrees to the marriage on the base of her free will".

Kayar continued: "Eray Karınca interpreted the law from a magnificent point of view. While the applicants do not refer to their economic situation, judge Karınca realized that families arrange early marriage for their daughters because of poverty. He took a wise decision that officials should be informed in writing abour economic support for the family and to the continuation of the children's education". (BB/VK)