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BERK ÇEKTİR b.cektir@todayszaman.com Columnists

‘Supreme court of the Middle Ages’? A different approach to ‘women and the high judiciary’ (1)


I am absolutely totally too far away from being a feminist. Indeed, I am of the opinion that there is a harsh positive discrimination in favor of woman in Turkey. I can make a list of hundreds of examples proving and supporting this idea.

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I am certain that I will read several comments condemning me for ignoring the killings in the name of patriarchal traditions; however, what I would like to highlight here has nothing to do with this matter. I would rather like to point out that what has been happening concerns a minor part of the population and is limited to a specific geographical area. Having said that, I should underline that a large percentage of Turks are conservative but would not kill in the name of conservatism.

I do not plan on writing the ultimate article solving the question “Are man and woman equal?” No, I am also not suggesting that feminism is useless. I just don’t think that it is the most essential element.

Wow! You won’t believe how frightened I am of a possible reaction of feminists. God forbid, it might not only be local feminists who’ll react.

Criticizing the Supreme Court of Appeals

It is not a “U Can’t Touch This” matter (Is MC Hammer still there on the stage?). Certainly, just as we are free to criticize all people and institutions, we are also free to criticize the Supreme Court of Appeals. I am not suggesting that the job of the supreme court is mission impossible, but the difficulty in criticizing the supreme court stems from the fact that it performs a very difficult job, one that requires time, skills, knowledge and experience.

Last week I read a very interesting article in Today’s Zaman. The article was about the Supreme Court of Appeals and spoke about how the court had issued a number of controversial verdicts that many believe contradict various international and domestic laws, including an article in the Constitution that ensures equality between men and women.

It is absolutely correct that the Supreme Court of Appeals makes some controversial decisions. In some cases the court makes decisions that contradict one another. Sometimes even decisions handed down by the same chamber of the court contradict one another. As members change, so do their decisions.

As I wrote not too long ago, the case of one Murat Oral (who was involved in a traffic accident and died in circumstances similar to another accident that had been taken to the court) involved a surprising U-turn that reversed its previous decision. The changed view appeared in the verdict as “the latest understanding of the 11th Chamber of the Supreme Court of Appeals.” The press later on learned that members of the court had recently changed and that even the president of the 11th chamber had agreed to go with this new judgment.

To sum up, there are even worse points on which the high court can be criticized. I am not trying to say “Look how beautiful our Supreme Court of Appeals is,” but when criticizing it, we should at least be fair.

My next article will address why the Supreme Court of Appeals was involved in discussing the virginity of a woman.


NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com The names of the readers are disclosed only upon written approval of the sender.

DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.

23 November 2009, Monday
BERK ÇEKTİR
Comments on this article

Ahmet Emin SEYHAN , Nov 23 2009 23:28, Monday
Holly quran, nisa, 15 ''If any of your women are guilty of lewdness, take the evidence of four (reliable) witnesses f...
hpg , Nov 23 2009 20:11, Monday
Well, I have archived this peace of evidence. Not long ago, O.K. Cengiz described in these columns how the ECtHR was for...

Click to read the details of comments
   
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Columnists
ABDULHAMİT BİLİCİ
ABDULLAH BOZKURT
ALİ BULAÇ
ALİ H. ASLAN
AMANDA PAUL
ANDREW FINKEL
ASIM ERDİLEK
AYŞE KARABAT
BEJAN MATUR
BERİL DEDEOĞLU
BERK ÇEKTİR
BÜLENT KENEŞ
BÜLENT KORUCU
CHARLOTTE MCPHERSON
DOĞU ERGİL
EKREM DUMANLI
EMRE USLU
ETYEN MAHÇUPYAN
FATMA DİŞLİ ZIBAK
FİKRET ERTAN
GÜRKAN ZENGİN
HASAN KANBOLAT
HÜSEYİN GÜLERCE
İBRAHİM KALIN
İBRAHİM ÖZTÜRK
İHSAN DAĞI
İHSAN YILMAZ
KATHY HAMILTON
KERİM BALCI
KLAUS JURGENS
LALE KEMAL
MEHMET KAMIŞ
MICHAEL KUSER
MUHAMMED ÇETİN
MÜMTAZER TÜRKÖNE
NICOLE POPE
ÖMER TAŞPINAR
ORHAN KEMAL CENGİZ
PAT YALE
ŞAHİN ALPAY
SELÇUK GÜLTAŞLI
SUAT KINIKLIOĞLU
YAVUZ BAYDAR