Map source: Copyright European Commission. In 2004, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia acceeded to the European Union. The 2007 EU candidate countries are Bulgaria and Romania. Turkey and Croatia are also involved in accession negotiations.

last updated 13 April 2006

Obligations of Accession Countries

As a candidate country, Turkey must abide by the acquis communitaire, a  body of law that encompasses common rights and obligations flowing from the laws and principles of treaties, resolutions and declarations of the EU, judgments of the Court of Justice and international agreements on EU affairs. The acquis communitaire, during enlargement of the Union was divided into 31 chapters, but it changes as the EU changes. Issues regarding gender equality are found in Chapter 13, entitled Employment and Social Affairs. Of particular importance in the area of gender equality are Articles 2 and 3 of the Amsterdam Treaty, which call for gender mainstreaming and the elimination of inequality in all of the European Community’s (now European Union’s) activities. Article 13 covers sex discrimination and the new Article 141 demands equal treatment of and equal opportunities for men and women in employment. This article was implemented with the Community Framework Strategy on Gender Equality, which was initially released in 2001 and has been re-drafted every year since. The Community Framework Strategy outlines the need for collection of gender-disaggregated data, policy planning, training and educational awareness programs. As Turkey seeks membership in the EU, it is expected to maintain these established standards of gender equality.

Applying for Membership

Turkey applied to join the European Economic Community (EEC) in 1959 and although it did not become a member, it was the beginning of a long-term relationship with what is now the European Union.  In 1987, Turkey applied for full membership in the EEC, and although deemed eligible for membership, no action was taken. In 1995, Turkey and the EU established a customs union that has since had a substantial impact on trade, “a key factor in EU-Turkey relations,” and in 1999, the EU first recognized Turkey as a candidate for EU accession. A pre-accession strategy was drafted to help Turkey through the necessary reforms, and Turkey drafted a National Programme for the Adoption of the Acquis explaining their plan for harmonizing domestic laws with those of the EU. Turkey began receiving financial assistance in 2001 that provided “support for institution building, investment to strengthen the regulatory infrastructure needed to ensure compliance with the acquis, and investment in economic and social cohesion.”

In 2003, the European Council adopted a revised Accession Partnership. The Accession Partnership focused on the political criteria for accession, commonly known as the Copenhagen Criteria, which included aims for gender equality. Turkey’s ability to accede hinged upon its ability to fulfill the established criteria, but also depended upon the European Union’s ability to absorb the country, with its low GDP and high population. By the end of 2004, the European Council indicated a plan to open accession negotiations with Turkey. A draft Negotiation Framework was adopted by the Council in October 2005 and revised after reevaluating Turkey’s progress in December 2005. This Framework will guide Turkey through the steps leading to accession by outlining Turkey’s new priorities, including implementation of the Copenhagen political criteria. It is also the basis for the funding that Turkey will receive.

Turkey’s Progress on Gender Equality

Women and men have equal rights under Article 10 of Turkey’s constitution, and the government is “responsible for taking all necessary measures to realize this goal.” As required by the Copenhagen criteria, Turkey has begun to harmonize its domestic law with that of the EU. In 1998 the Turkish Parliament adopted the Law for the Protection of the Family in Turkey, which criminalizes domestic violence, although there is some concern that it is incomplete and is not being properly implemented. The Parliament adopted a Labor Law in 2003, and in 2004, “regulations addressing the issues of pregnant and breastfeeding women in the workplace and night work became operative.” In 2005, the Parliament was reviewing a draft bill on parental leave and was considering the establishment of a Standing Committee on Gender Equality. Domestic violence remains a great concern however. Research conducted in the mid to late 1990’s revealed that in some areas of Ankara, almost 100% of the women were victims of domestic violence. It is present in all areas of Turkey and knows no economic bounds. Nonetheless, by mid-2005 in all of Turkey there were only 14 shelters and in some areas, attempts to leave the abuser or discuss the abuse are considered a crime of honor, sometimes punished by death.

Such honor killings, as well as marital rape, have been outlawed by the passage of a new penal code, effective 1 June 2005. Turkey must now take action to implement these laws in order to harmonize its policies with those of the EU. The European Parliament passed a resolution noting its concern that Turkey has such high levels of domestic violence and that women have limited access to education, to the work force and to political positions.  In addition, many women are forced into marriages, and it is difficult, and often dangerous, to seek redress for gender-based violence.  The inability and unwillingness to seek redress makes it difficult to collect data on the incidence of violence against women, but the resolution makes recommendations for Turkey’s continued progress in the way of gender equality and elimination of gender violence, including gender-disaggregated data collection.

In addition to these recommendations, Turkey also has as a guide the European Social Charter as well as the European Social Charter Revised, which it has signed, but not yet ratified . Both of these have provisions addressing gender equality, including provisions that address domestic violence. Ratification carries with it responsibility to report regularly to the European Committee on Social Rights on progress relating to implementation of the Charter. In each report, member states address certain provisions of the Charter. The members of the Committee, who are elected by the Council of Europe Committee of Ministers, review the annual reports and then issue conclusions that can be used by member states to make changes necessary for conformity with the Charter.

Turkey’s Ministry of State for Women’s Affairs, Family and Social Services, and the Directorate General on the Status of Women adopt and coordinate national policies on gender equality, but much of the progress on gender equality is a result of the active women’s organizations in the country.

Compiled from:

Equal Opportunities for Women and Men: Monitoring law and practice in new member states and accession countries of the European Union: Turkey Fact Sheet 2005, Open Society Institute, Network Women’s Program, 2005.

Relations with Turkey, Europa, 2 February 2006.

EU-Turkey Relations, EurActive.com, 14 November 2005.

Gender Equality, Europa(last visited 5 January 2006).

The Role of Women in Turkey, EU Parliament, 6 July 2005.

Turkey and the EU, Institute of European Affairs, 3 November 2005.

Turkey’s EU Bid Raises Profile of Women’s Rights, Women’s eNews, 11 July 2005.

Turkey: Women Confronting Family Violence, Amnesty International, 2 June 2004.