Why are child marriages still legal in Turkey?

Sinem Nazlı Demir - 12punto.com.tr

Aylin Moralıoğlu, a lawyer responsible for the Istanbul Bar Association's Legal Aid Bureau, made significant statements to 12punto regarding children's and women's rights. Emphasizing that there are serious gaps in the current legal framework, particularly concerning child marriage, Moralıoğlu stated, "It is impossible to speak of a child's consent. This is direct abuse."

Although the legal age of marriage is 17 according to the Civil Code, allowing 16-year-olds to marry with a judge's decision paves the way for this abuse. Moralıoğlu points to the legal contradiction, stating, "Article 90 of the Constitution is clear; international conventions take precedence over domestic law. We are a party to the Convention on the Rights of the Child. Everyone under the age of 18 is a child, and marriage is abuse."

ABUSE UNDER THE GUISE OF MARRIAGE: "THE LANGUAGE OF POLITICIANS LEGITIMIZES THIS AREA"

Moralıoğlu stated that child marriage is not just an individual issue but a systemic one, adding, "This abuse is occasionally attempted to be legitimized through the rhetoric of politicians and religious figures." She noted that the process, which begins with girls being pulled out of the education system, pushes them into a cycle of violence:

"Education was divided with the 4+4+4 system. After the first 4 years, the schooling rate for girls dropped. This increased the risk of marriage. When economic hardships, misinterpretations of religion, and socio-cultural structures combine, child marriages become widespread."

THE MOST COMMON FORM OF ABUSE: THE DANGER FROM THE CLOSEST CIRCLE

According to Aylin Moralıoğlu, in cases of child abuse, the perpetrators are mostly from the child's own circle. Abuse becomes even more devastating in situations where the perpetrator is a trusted person such as a father, uncle, teacher, or neighbor.

"Crimes committed within the home are covered up more easily. It becomes much harder for the child to tell anyone. If the perpetrator is a family member, there is usually an attempt to cover it up."

Drawing attention to the role of guidance counselors and psychological advisors, Moralıoğlu stated that training in this area is essential. She said that a comprehensive awareness campaign must be conducted for families, teachers, religious officials, and public personnel.

WHERE IS THE STATE, AND WHY IS THE SYSTEM SILENT?

Stating that one of the state's fundamental obligations in preventing child abuse is to implement preventive mechanisms, Moralıoğlu recalled the Lanzarote Convention and issued a call with these words:

"The state needs to develop joint mechanisms not only in courts but also in social support centers, with bar associations, schools, and health institutions. But we still have major shortcomings in this regard."

“IF THE STATE REMAINS SILENT, THE CHILD REMAINS SILENT”

One of the most important messages Moralıoğlu gave was that the cover-up of abuse is not just a choice made by families, but a result of the system's silence:

"The child remains silent because the system remains silent. That is why we must speak first; we must expose it. The salvation of children is only possible this way."

Emphasizing that reporting to bar associations, the police, and ministries is of vital importance, Moralıoğlu pointed out that early intervention is essential for the child's rehabilitation and reintegration into society.

WHAT IS THE SOLUTION? NOT MORE SILENCE, BUT MORE SOLIDARITY

Emphasizing that preventing child abuse requires not just legal changes but a change in mentality, Aylin Moralıoğlu said that education and support mechanisms must be strengthened. She underscored that every segment of society—families, teachers, legal professionals, and the media—must act together:

This striking interview shows once again how fragile children's rights are in Turkey.

Lawyer Aylin Moralıoğlu's words are very clear:

"Child marriage is child abuse. Period."