AAAS Scientific Responsibility, Human Rights and Law Program

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FACTS OF THE CASE:

On 26 February 2002, the Turkish Ministry of Health officially rescinded a code of conduct that required virginity exams of female students in state run health schools. The code, which was adopted in mid-July 2001, required any female student suspected of having had sexual relationships, whether consensual or not, or of being a prostitute, to undergo a physical virginity exam. Females who were determined not to be virgins faced mandatory expulsion from school.

The predominantly Muslim culture of Turkey emphasizes virginity as an important social norm and women are expected to remain virgins until marriage. Until 1999, forced gynecological exams were commonly performed. The government instituted a ban on the practice in 1999 after five female students who did not want to undergo the physical exam committed suicide by ingesting rat poison.

The code of conduct came under immediate and widespread criticism from women's organizations and human rights groups, both internationally and in Turkey. Under the intense pressure, Health Minister Osman Durmus publicly reversed his position on the policy and instructed doctors to observe the 1999 ban. However, the policy had not been officially rescinded until now.

The Turkish Medical Association (TMA) and the Association of Turkish Nurses have long condemned this practice. In 1992, the TMA released an official statement against virginity examinations, calling the practice "an assault to the woman's sexual identity."

Forced virginity examinations violate several international human rights standards that Turkey is required, as a State party, to uphold, including the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. The practice also violates the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Turkey signed both treaties on 15 August 2000. Signing a treaty signifies a nation’s intention to comply with its provisions and to work for its ratification. The practice is also in violation of the Universal Declaration of Human Rights, which was adopted without opposition by the United Nations General Assembly on 10 December 1948 and functions as international customary law.

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

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:

No action is necessary at this time. Many thanks to all who sent appeal letters.

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. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are 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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