A case of collateral damage: widows of religious weddings in Turkey
Küçük Resim Yok
Tarih
2019
Yazarlar
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Verlag Barbara Budrich
Erişim Hakkı
info:eu-repo/semantics/openAccess
Özet
The family is the basic unit of society. It is a social and legal construct and, in various countries, a religious construct. In many states, the rights and responsibilities of married partners are governed by the principles of civil or common law, religious or customary laws and practices, or some combination of such laws and practices that do not comply with human rights of women and their social realities. Inequality in the family is a prevalent form of discrimination against women and is often justified in the name of ideology, tradition and culture. The fundamental issue that instigates this article is the indirect discrimination women in Turkey in de facto partnerships ? notably the religious marriages ? suffer from especially in terms of the economic rights to be granted to spouses during or after the dissolution of their marriage. Taking the example of the Grand Chamber judgment of the European Court of Human Rights in Serife Yigit v. Turkey, this article examines the indirect discrimination suffered by women in Turkey who are bound with religious wedding and how this situation is, in fact, a clear example of the hermeneutical injustice experienced by those women. In its judgment Şerife Yiğit v. Turkey1 ? a striking example of this factual situation ? the European Court of Human Rights (ECHR) examined the case of a woman, Şerife Yiğit, who was not recognized as the heir of a man to whom she had been married on a purely religious basis for 26 years as the only wife and mother of their six children. Living in a rural area of Turkey, Şerife Yiğit had been unable to claim retirement benefits ? i.e. widow’s pension ? and health insurance on account of their marriage not being legally valid as they were not officially registered as married.
Açıklama
Anahtar Kelimeler
Kaynak
Gender and Diversity Studies in European Perspectives
WoS Q Değeri
Scopus Q Değeri
Cilt
Sayı
Künye
Şimga, H. ve Usal, Z.O. (2019). A case of collateral damage: widows of religious weddings in Turkey. Jungwirth, I., & Bauschke-Urban, C. (Ed.). Gender and Diversity Studies in European Perspectives içinde (s. 88-111).
