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FACTS OF THE CASE:

In mid-July, the Turkish Ministry of Health adopted a new code of conduct for female students studying for careers in the health sector. The code of conduct mandates virginity exams for female students suspected of having had sexual relationships, whether consensual or not, or of being a prostitute. If the physical exam demonstrates that an underage female student had sex, she will be expelled. This code of conduct will affect female students under the age of 18 who attend the health schools, which train young girls for professions in nursing and midwifery. According to news reports, the exam can only be conducted under the order of a judge and the decision to expel cannot be appealed.

Turkish culture emphasizes virginity as an important social norm and women are expected to remain virgins until marriage. Females who lose their virginity, whether through consensual sexual relations or rape, suffer an irrevocable loss of honor for themselves and their families. No such emphasis is placed on male virginity. Turkish doctors have performed virginity exams for social reasons, including verifying the virginity of a potential bride, certifying that sexual relations did not occur prior to a divorce, suspicion of consensual sexual intercourse, and lack of vaginal bleeding after first marital intercourse.

The Turkish Medical Association (TMA) and the Association of Turkish Nurses have condemned this practice. The TMA issued a statement in 1992 against virginity examinations that stated: "It is [our] conviction that virginity control, that is defined as an assault to the woman's sexual identity, not only lacks a legal basis but also has no ethical aspects to it." According to a report in the Journal of the American Medical Association about the role of Turkish forensic physicians in the practice, many of the doctors perceive that virginity examinations are psychologically traumatic. In January 1999, the Turkish Ministry of Justice issued a ban on virginity examinations except in cases of sexual assault. The ban followed several suicide attempts by teenaged women who were forced to submit to the examinations.

Turkish Health Minister Osman Durmus defended his recent support for renewing virginity examinations as an attempt to protect minors from underage sex and prostitution. Since his policy was announced, he has come under intense criticism from women's health groups and his own political party. Durmus has since declared publicly that he is against virginity exams and instructed doctors to observe the 1999 ban on virginity exams. However, the code of conduct has not been changed to reflect Durmus' new position.

Another troubling policy, "The Statute for Awards and Discipline in the High School Education Institutions," also remains on the books. The statute was issued by the Ministry of Education and came into effect on January 31, 1995. The state stated that "proof of un-chastity" is a valid reason for expulsion of females from the formal educational system.

Forced virginity examinations violate several international human rights standards, including the articles enumerated in the following treaties and declarations.

(Sources of information for this case include: Human Rights Watch, Journal of the American Medical Association, the Associated Press, and Women for Women's Human Rights.)

RELEVANT HUMAN RIGHTS STANDARDS

Convention on the Elimination of All Forms of Discrimination against Women

• Article 2: States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women.

Convention on the Rights of the Child

• Article 16: No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation.

International Covenant on Civil and Political Rights

• Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 17(1): No one shall be subjected to arbitrary or unlawful interference with his [or her] privacy, family, home or correspondence, nor to unlawful attacks on his [or her] honour and reputation.
• Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.

International Covenant on Economic, Social and Cultural Rights

• Article 13: The States Parties to the present Covenant recognize the right of everyone to education.

Universal Declaration of Human Rights

• Article 05: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 26(1): Everyone has the right to education.

RECOMMENDED ACTION:

Please send telegrams, faxes, airmail letters or emails:

• Urging the Ministry of Health to immediately rescind the provision in the new code of conduct that mandates virginity testing of Health School students suspected of having sexual relations;
• Urging the Ministry of Education to review its policies in the Statute for Awards and Discipline in the High School Education Institutions to ensure that its provisions for expulsion of female students are not discriminatory; and
• Expressing support for the continued and full observance of the 1999 Turkish Ministry of Justice ban on virginity exams, as these exams violate several international human rights standards.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Bülent Ecevit
Prime Minister of Turkey
Basbakanlik
06573 Ankara
Turkey
Fax: 011 90 312 417 0476
Salutation: Dear Mr. Prime Minister

Osman Durmus
Minister of Health
Ministry of Health
Saglik Bakanligi Sihhiye Ankara
Turkey
Fax: 011 90 312 431 4879
Salutation: Dear Mr. Minister

Metin Bostancioglu
Minister of National Education
Ministry of National Education
Ankara, Turkey
Fax: 011 90 312 417 7027
Salutation: Dear Mr. Minister

COPIES SENT TO:

Women for Women's Human Rights (WWHR) - NEW WAYS
Kadinin Insan Haklari Projesi (KIHP)
Inonu Cad. No: 37/6 Saadet Apt.
Gumussuyu 80090 Istanbul - Turkey
Fax: 011 90 212 251 0065
wwhrist@superonline.com


Ambassador Baki Ilkin
Embassy of the Republic of Turkey
1714 Massachusetts Ave. NW
Washington DC 20036
Fax: (202) 612-6744
Salutation: Dear Mr. Ambassador

Mr. Hasan Gemici
State Minister Responsible for Women and Children
Office of the Prime Minister
Basbakanlik
06573 Ankara
Turkey
Fax: 011 90 312 417 0476
Salutation: Dear Mr. Minister

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6796; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals re to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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