Gender-Based Violence: Gender-based violence includes all kinds of violence that a person is exposed to because of his/her sex and gender. When it comes to violence, the first thing that usually comes to mind is physical violence, but forms of psychological violence are as prevalent as physical violence and adversely affect one’s body and soul integrity.

Discrimination: Discrimination is often made for reasons such as race, color, sex, sexual orientation, gender identity, gender expression, profession, age, language, religion, belief, national or social origin, property, disability, political or other opinions. Discrimination also includes obstacles to the recognition of one´s liberty or restrictions of such. A discriminatory treatment can be made indirectly for obvious reasons, or indirectly by ignoring or not observing special needs.

Hate speech: Hate speech means any written or verbal forms of expression including racist, gender and heterosexist hate, xenophobia, as well as intolerant, insulting and threatening expressions. Hate speech promotes, encourages, defends and justifies other forms of hate, such as nationalism, racism or patriarchy, discrimination and hostility towards minorities and migrants.

Hate crime: Hate crime means violent crimes against individuals or groups that are committed because of race, language, religion, gender, sexual orientation, gender identity, gender expression, occupation or ethnicity. Hate crimes might also occur as a result of systematic violence and discrimination.

Violence: Violence means all kinds of acts and actions that hurt the life, freedom, will, health and integrity of the exposed person. It includes acts and actions which temporarily or permanently hinder a person’s existence. Violent behaviors are undertaken by the perpetrator for various material and moral interests, such as demonstrating superiority or domination over the opponent, enforcing the desired state and action, showing superiority, earning respect or similar.

Physical Violence: Physical violence includes all kinds of attacks on the body, including actions such as slapping, kicking, shaking, choking, scaring, hair pulling, forcing someone to live in unhealthy conditions, torturing and killing.

Psychological (emotional) violence: Psychological violence targets the mental health and integrity of a person. This might include repetitive actions that are extreme, persistent, and repetitive. Examples for psychological violence are actions such as constant shouting, scaring, swearing and insulting, restricting communication with others, interfering with someone’s clothing, damaging objects, hurting animals, threatening and blackmailing.

Economic violence: Economic violence is the use of material resources and economic power for reasons such as punishments, threats and control. Economic violence also includes punishing a person by not giving her/him money (even though the financial situation might allow it), confiscate goods and souvenirs, prevent a person from working or force a person to work – all without the person’s consent.

Sexual violence: Sexual violence means that someone is forced to sexual acts without consent. Sexual coercion can have different forms and dimensions such as harassment or rape. During sexual violence, a person is forced to have sexual intercourse without any consent. Sexual violence is even possible while being married.

Sexual violence might also include sexual harassment, forcing someone to produce sexually explicit material, harming sexual organs, forcing someone to sexual contact in exchange for money, forcing someone to abort or forcing someone to be pregnant, having virginity control of women, and others.

Sexual harassment: Sexual harassment includes persistent and involuntary sexual approaches, speaking, behaviors and contacts. Sexual harassment can be committed by words, glances, body language, mail and e-mail. It can also be done by messaging, kissing or sending gifts that are unwanted by the other person and that imply sexuality.

Sexual abuse: Sexual abuse occurs if a person is involuntarily used for sexual behaviors of others, namely if a person is abused, and forced by others for their sexual purposes without consent.

Incest: Incest means sexual intercourse with close relatives such as mother, father, sister, grandparent, uncle, aunt.

Incest might occur with our without consent. Sexual intercourse between close relatives might also be a result of sexual abuse and sexual harassment based on threatening, deception, oppressing, coercing. Incest is very difficult to understand as it is a social taboo.

Intimate Partner Violence: Intimate Partner Violence includes any kinds of behavior of control or domination that may be harmful to partners or ex-partners at different levels. It includes actions such as observing, monitoring disdaining, questioning, isolation or restricting friendships of the other person. Furthermore, it includes not taking responsibility for events, threatening self-harm or threatening suicide.

Digital violence: Digital violence includes all different kinds of threats such as emailing, text messaging, social media messaging and other technology and digital-based methods, blackmailing, abuse, etc. Digital violence also includes all sorts of behaviors leading to general violence because of the use of digital instruments.

Domestic violence: Domestic violence includes all sorts of behaviors and attitudes that cause physical, psychological, economic and sexual violence. Domestic violence describes a violent situation among persons who are family members or persons who share the same household or living environment.

Stalking: Stalking means the persistent and willful following of a person. Stalking might also include the acts of spying on the life of a partner or ex-partner, pressure on the other to know when and where that person is/was, constant phone calls, repetitive behavior over a period of time, frightening and suppression.

Human trafficking: Human trafficking is the sale and disposition of persons against money for sexual slavery, forced labor or sexual exploitation. Human Trafficking can be made for different purposes such as buying a person for marriage, forcing a person to the sale of his/her organs and tissues, or forcing someone to make a surrogacy or external fertilization.

Commercial sexual exploitation of children: The commercial sexual exploitation of children means that children are forced to sexual intercourse with adults. These children are used for other people’s sexual pleasure in exchange for money, goods or benefits. The children might be put into this situation by relatives or strangers.

Punishment of violence

The fact that violence is not visible does not mean that violence does not exist and does not affect people in a negative way. In fact, violence might not be physically visible but still affect people very seriously.

Any form of violence must be prevented and the perpetrator of violence must be punished and made responsible for it.

Social justifications for violence such as honor, tradition and customs (including arguments such as “non-marital relationships”, “child ownership”, “non-virginity”, “divorce”, “separation”, “wish to work”) are often cited as justifications for violent behavior. However, such excuses for one´s behavior do not at all mitigate the responsibility and punishment for any violent behavior.

Violence, for which reason whatsoever, is unacceptable and furthermore a fundamental violation of human rights, both in the international human rights protection mechanisms and in the Turkish national legislation.

Violence must be prevented and, if it occurs, must be penalized.

The most important international conventions for the prevention of gender-basedviolence are the following:

–  The Universal Declaration of Human Rights   (UDHR);

–  The Convention on the Elimination of All Forms of Discrimination Against Women    (CEDAW);

– The Istanbul Convention (Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence).

The commitment to these international conventions give the signatory countries the obligation to establish measures and safeguards that are necessary to prevent gender-based violence.

The Istanbul Convention emphasizes that gender- based violence can affect women as well as men.

With regards to refugees, article 60 of the Istanbul Convention asks the states to accept Gender-Based Asylum Claims. This has a direct impact on theinternational protection status of refugees.

When it comes to gender-based asylum claims, states have several obligations:

– Taking legal measures so that gender-based violence against women is recognized as a form of serious damage that requires compulsory and complementary/secondary protection,

– Recognition of a refugee status to applicants if all grounds for a refugee status are interpreted in a socially sensitive mannerand the danger of persecution is identified with this interpretation,

– Decisions have been taken to ensure that the adoption procedures and support mechanisms for the asylum procedure are socially sensitive,

– The protection of the refugee status and the establishment of social protection must also be interpreted in a socially sensitive way with regards to all applications and asylum procedures.

Furthermore, the provisions of Article 4 of the Istanbul Convention on Fundamental Rights, Equality and Non-Discrimination prohibit discrimination on the grounds of sex, gender, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status.

The Law on Foreigners and International Protection (LFIP) defines people who have been subjected to gender-based violence as persons with special needs and furthermore states that victims of violence shall be provided with the adequate medical treatment they need. Furthermore, article 55 states that victims of violence cannot be deported until their case is resolved.

The National Action Plan on Combating Violence against Women , prepared by the Turkish Ministry of Family and Social Policies, includes activities to protect refugee women against violence.

Some of these activities include:

–  Ensuring that refugee women and children benefit from protective and preventive services;

–  Organizing the Violence Prevention and Monitoring Centers in a manner that refugee women can benefit from their services;

–  Ensuring that refugee women can also benefit from the Social Support Line by dialling “183”;

– Considering refugees and their needs while preparing the materials for combating violence;

– Including refugee women in local and national studies.

In a most general definition, trauma can be defined as a psychological or emotional response to an experience that creates or disturbs a person or that creates profound sadness.

Many experiences such as accidents, illnesses or injuries, exposures to violence, losses of loved ones or divorces can lead to traumas.

Everyone experiences a traumatic event differently because everyone faces new negative experiences in the light of other previous experiences that a person has previously encountered in his/her life.

Individuals and groups even become more vulnerable if violence is combined with other traumatic incidents, such as intense conflicts and violence in the country the people live or lived in, trauma of displacement for asylum, loss, adaptation problems experienced in the host society or socio-economic difficulties.

When people cannot cope with the trauma they experience, they may encounter many symptoms that influence their daily lifes.

Some of the psychological and psychosocial effects that are symptomatic for victims of violence are as follows:

– Pain caused by the damage of physical body integrity such as injuries

– Psychological depression due to pain;

– Depression and post-traumatic stress disorder;

– Loss of self-confidence;

– Feelings like intense guilt, fear, anxiety, shame;

– Sleep disturbances and appetite disorders;

– Physical disorders;

– Self-injurious behavior extending to suicidal behavior;

– Developing anxiety disorders such as panic disorder;

– Addictions.

All these traumatic experiences hinder people from having a good mental health and hinder them from overcoming psycho-social problems.

Therefore, psychosocial support plays an important role for helping refugees to cope with their problems and experiences.

Psycho-social support includes the strengthening of individuals against psychological discrepancies that may arise after traumas, the reduction or abolition of traumatic symptoms, the redevelopment of disrupted social relations, provision, strengthening and support of people in order to recognize their potential needs for psycho-social support.

Psycho-social support might include:

– Providing psychological support to persons suffering from post-traumatic stress disorders;

– Identifying and directing those who need psychiatric services;

– Providing other social and financial assistance;

– Allowing individuals and groups to participate in post-trauma psychosocial support services so that they will be able to identify their own needs;

– Allowing people to be prepared for possible emergencies and improving their coping skills.

Psycho-social support can be provided in a variety of ways by both public and non-governmental organizations:

• Assessment of Needs:The Assessment of Needs includes the assessment of needs after a traumatic experience and the referral to further support services.
• Psychological First Aid: Psychological First Aid means that basic psychological aid and information is given to traumatized people. In consequence, people might be relieved by expressing themselves and by talking about the incidents they have experienced. Psychological First Aid can be realized in the form of group interviews, by distributing brochures or through other media tools.
• Referral and Guidance: Referral and Guidance is aimed at those who are found to need psychological and psychiatric support. These people are directed to other specialists and institutions so that they can receive the relevant services.
• Creation of an Information Center: The aim is to create an easily accessible Information Center, where information on basic protection can be shared with all people in need.
• Call the Society for Action: Awareness- raising of the society on post-traumatic rehabilitation and psycho-social support activities.
• Social Projects: The implementation of social projects is one of the most frequently used methods for psycho-social support. It enables post-traumatized people to develop coping capacities by participating in social life activities and it allows them to gain the sense of regaining control of their life.
• Trainings: Trainings are the most common form of psycho-social support. Trainings are given by social workers and other specialists working in this area.

It is extremely important that the special needs of victims of violence are taken into consideration by the social workers as the latter are experts in the field of violence.

The expert should also take in mind the sources of the violence.

However, it is not always possible to identify individual, namely person-specific needs in the first place.

In case that your psycho-social support is not good for you, keep in mind that your problem is not unsolvable. It is possible that your support is not suitable for you, but the problem itself may be solved.

If this is the case, please share this feeling with social workers and experts.

Since 28.04.2011, due to events occurring in the Syrian Arab Republic, Syrians who migrate to Turkey are subject to a special procedure  named “temporary protection”.

Under such temporary protection, Turkey  allows people who migrate from Syria to Turkey to stay legally within the country  and to benefit from certain rights and services.

In current practice, the Directorate General of Migration Management (DGMM) provides this status to Syrian citizens migrating from Syria seeking asylum in Turkey, as well as to stateless persons and Palestinians previously residing in Syria..

Due to the fact that asylum seekers from Syria have the right to stay in Turkey under the scope of temporary protection, there is no need for them to apply for international protection.

For this reason, those who benefit from temporary protection cannot make an international protection application within the current Turkish application procedures.

The principle of non-refoulement is one of the most important provisions  of the 1951 Geneva Convention. Article 33 of the 1951 Geneva Convention prohibits that refugees and asylum seekers are  returned to places where danger of persecution is present.

There are 2 exceptions of the non-refoulement principle (Art. 33 II Geneva Convention):

– The benefit of non-refoulement may not be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he/she is;

– A refugee that has been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country.

Conditions in Turkey under whichrefoulement is allowed   

In Turkey, the  principle of non-refoulement is regulated by the Law on  Foreigners and International Protection – LFIP (Law No. 6458).

However, the  LFIP  also defines people who can be deported despite the principle of non-refoulement.

According to the LFIP,  removal decision shall be issued in respect of those foreigners

Listed below:

– Those who are deemed to be removed pursuant to Article 59 of the Turkish Penal Code № 5237;

– Those who are leaders, members or supporters of a terrorist organization or of a benefit oriented criminal organization

– Those who submit untrue information and false documents during the entry, visa and residence permit actions in Turkey

– Those who made their living from illegitimate means during their stay in Turkey

– Those who pose a public order or public security or public health threat

– Those who overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled

– Those whose residence permits are cancelled

– Those who overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason

– Those who are working without a work permit

– Those who breach the terms and conditions for legal entry into or exit from Turkey

– Those who are determined to have entered into Turkey despite an entry ban

– Those whose international protection claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in this Law they no longer have the right of stay in Turkey after the final decision

– Those who fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused

A removal decision may be issued in respect of applicants or international protection beneficiaries solely when there are serious reasons to believe that they pose a threat to national security of the Turkey or if they have been convicted upon a final decision for an offence constituting a public order threat

The statements  such as “made their living from illegitimate means during their stay in Turkey” (Art.54/1ç), “who pose a public order or public security or public health threat (Art.54/1d), “work without a work permit” (1-ğ) make life difficult for vulnerable groups such as sex workers, LGBTI people or people living with HIV.  They frequently face the  risk of repatriation as  they often become a  target for law enforcement officers.

In addition, the second paragraph of Article 54, which was added with the amendments made in 2016, states a removal decision may be issued in respect of applicants or international protection beneficiaries solely when there are serious reasons to believe that they pose a threat to the national security of Turkey or if they have been convicted upon a final decision for an offence constituting a threat of the public order.

Legal Remedies against Refoulement

It is possible to take legal remedies against refoulement. It is possible to lodge an appeal at the Administrative Courts.

This includes:

• The person, legal representative or lawyer can apply to the Administrative Court within fifteen days starting from the date of the notification of the deportation order.
• The applicant shall inform the deporting authority accordingly
• The decision of the court is incontestable.
• The foreigner shall not be deported within the period of filing the lawsuit, or in the case of appeal for judicial proceedings, until the conclusion of the proceedings, provided that the foreigner’s remedy is reserved.
• An individual application may be referred to the Constitutional Court upon the decision of the Administrative Court.

Administrative Supervision of Deportation Cases  and Deportation (“Removal”) Centers

Persons who are subject to a decision of deportation may be subject to administrative supervision by the governorate if the following conditions apply:

Those who might escape and disappear,

• Those violating the rules of entry or exit to Turkey,
• Those who use fake or invalid documents,
• Those without an acceptable excuse while not leaving Turkey within the given period, Those who pose threats for the public order, public security or public health. People  who are under  administrative supervision are held at Deportation Centers (“Removal Centers”). The period of administrative supervision at the Deportation Centers cannot exceed six months.

However, this period may be extended to a maximum of another six months if the deportation process cannot be completed because the foreigner does not cooperate or fails to provide accurate information or documents relating to her/his country of origin.

The Ministry of Interior is informed about the persons that are determined to be put under administrative supervision.

If the Ministry finds it appropriate, the administrative supervision of  these persons is stopped  and they receive a Permission for Departure.

These foreigners may be required to reside at a particular address or to be notified in the desired form.

During the period of their stay in the Deportation Centers, the people who are subject to deportation must have access to some basic services:

• Emergency and basic health services,
• Access to and communication with relatives, notaries, legal representatives and lawyers,
• Access to a telephone,
• Dialogues with visitors and those country’s consular officers of which he/she is a citizen, and meetings with officers from UNHCR.

Furthermore, the best interests of children must be respected and families and unaccompanied children must be housed separately.

It must be ensured that children have access to education and trainings.

In this regard, necessary measures shall be taken by the Ministry of National Education.

Sexual Health Hygiene is related to self-care and basic hygiene. Hand washing, facial cleansing and bathing habits also directly affect one´s sexual hygiene.

Recommendations for sexual hygiene are the following:

– Regularly wash your hands with soap and water;

– Keep genitals clean and dry;

– Don´t use wet wipes, perfumed solutions or similar for cleaning your genitals;

– Use cotton and non-tight underwear, pay attention to wearing clean underwear;

– Don’t postpone urination after sexual intercourse and in all other situations;

– While using sanitary pads, change them after 3 – 4 hours maximum and clean your genitals with every change of the sanitary pads;

– Don´t use towels, swimwear, underwear or similar that belongs to others;

– Go to regular health checks for the early detection of possible diseases;

– Don´t brush your teeth before oral sex, instead just perform oral care with mouth rinsing products.

Despite the fact that sexual and reproductive health rights are basic human rights, many people do not receive SRH health care because of social pressure due to persistent general morality rules and perceptions.

This might be a particularly serious problem for some individuals and groups that want to access health care services.

Such key groups are young women, LGBTI people, people living with HIV and sex workers.

These people face high risks of discrimination at work or for their education and have a risk of stigmatization in their social and family life and environment.

Access to all kinds of sexual and reproductive health services is a fundamental human right equal for everybody.

While you want to access SRH services, but you are discriminated directly (such as a doctor’s refusal of the patient, non-protection of the privacy of personal information, exposure to bad-treatment and degradation, etc.) or indirectly (lack of planning of private health services for fragile groups, lack of safe and user-friendly health facilities, economic difficulties etc.), you can benefit from legal counseling, psychosocial support, individual information, awareness-raising events, case management, and similar services for the different cases of violation of rights.

You can receive such services while going to the service units or by calling the toll-free Support Line 0850 888 0539

The United Nations Population Fund  (UNFPA) intensified its humanitarian aid efforts for Syrian refugees since 2011 with regards to the ongoing civil war in Syria .

In the scope of the UN Regional Refugee and Resilience Plan called “3RP”, which has been approved by the Government of Turkey, UNFPA develops and implements humanitarian aid projects.

UNFPA identifies the needs of refugees, provides services for existing needs and takes care for the effective accessibility to service mechanism in protection areas.

In order to reduce the obstacles for key refugee populations in accessing the protection services, a joint project is launched by a cooperation of UNFPA , the Positive Living Association  and the Red Umbrella Sexual Health and Human Rights Association.

The project is financed by the European Civil Protection and Humanitarian Aid Operations  (ECHO) and carried out between January 2018 and June 2019.

In addition to the services that are provided within the five different service units, further advocacy work is carried out aimed at strengthening the beneficiaries´ access to protection services outside the service units.

 PROTECTION MECHANISMS AND SERVICES

Within the scope of the project, there are three main protection mechanisms, namely Service Units, Outreach Work and aHotline.

Service Units

Service Units are places where protection activities for refugees will be executed directly.

In total, there are 5 services units, based in  Ankara, Denizli, Eskişehir and two in Istanbul. Within the service units, various activities such as the provision of information, awareness-raising events, case management and counseling are conducted for both individuals and groups.

If you need any of the services provided in the scope of the project, you can directly contact the Service Units.

Outreach work

Outreach workiscarried out in order to provide support services for the purpose of the project, mainly in areas where Service Units are not available or in areas where Service Units are not accessible.

Outreach workers reach out to key refugee groups, inform them about their work, identify  cases and make referrals to other relevant institutions.

Various project partners and cooperating institutions provide information about sexual and reproductive health and legal assistance  regarding international protection and access to diverse support mechanisms.

Furthermore, they offer capacity building and case management for victims of violence  and they provide guidance upon other required needs.

Hotline 

The hotline is established to reach beneficiaries in an extensive manner.

Through the hotline, you can get information about the services in the service units and you can report any problems.

 The hotline provides you with information and it may direct you to various other institutions that may be helpful for you.

You can reach the hotline 7 days a week, 24 hours per day by dialing 0850 888 0 539. 

You can call the hotline from anywhere in Turkey free of charge.

How Can I Benefit from the Services?

 I – Sexual and Reproductive Health (SRH)  

• You can receive  individual information about sexual and reproductive health  and general health services or you can participate in group awareness events  (workshops, interviews, etc.) in the Service Units.

• You can receive  individual information and counseling services about  HIV/AIDS and other sexually transmitted infections (STIs) in  the Service Units and through the Hotline, or you can join group awareness events (workshops, interviews, etc.) by going to  the Service Units.

• You can seek support for referrals to relevant health units for testing, diagnosis and treatment of HIV and other sexually transmitted infections.

• You can receive  individual information on the gender transition process  or you can join group awareness events  and ask for guidance and support when contacting  the relevant health units.

• You can participate at  group awareness events on SRH and access general health services. You may ask for information, legal counseling and follow-up of cases if you face violations.

• You can receive  information, get training and communication materials on SRH and general health issues.

• You can get condoms  free of charge.

II – Gender-Based Violence 

• In the  Service Units, you can participate in  group awareness activities about basic human rights , access to justice, violence and about protection mechanisms. You can also get individual counseling.

• You can receive information about violence, discrimination and abuse of rights.

• If you have been exposed to violence and/or discrimination, you may seek psycho-social support, referrals to emergency medical support mechanisms or  psychological  support.

• After having encountered violence, you can receive  legal counseling or assistance for other legal protection procedures. You can also be supported while being referred to security services and other protection mechanisms.

• If you are exposed to violence, you may receive support for your case . The specific case management aims to protect the physical and mental integrity of victims. It therefore includes comprehensive assistance, follow-up and even post- violence support.

• Counseling on security and protection,  legal support and guidance, as well as guidance to medical support services and psycho-social support  are provided.

You can ask for support by  going directly to the Service Units or calling the Hotline at:   0850 888 0 539

III –  International Protection

• In the Service Units, you can participate in group awareness activities  on  International Protection and use the training and information materials.

•  You can also get information from the hotline.

• You can receive information on registration, relocation, and third-country resettlement in  the Service Units and through theHotline.

• For registration, relocation and third country resettlement , you can request support for being referred to  the relevant institutions  (provincial immigration authorities, UNHCR, provincial security directorates, NGOs).

• If you think you might be deported, or in case of urgent deportation, you can seek legal advice by calling the hotline.