Similarly, Article 16 of the Convention on
the Elimination of All Forms of
Discrimination against Women (CEDAW),
referring to the definition of a child in the
LEGAL AGE OF MARRIAGE: 18
WITH FAMILY APPROVAL: 17
WITH COURT RULING: 16
first article of the CRC (a person under
the age of 18) and the unconditional best
interests of the child in all cases, states
the obligation of States parties to the
The UN Special Rapporteur on Violence
against Women and Girls, its Causes and
Consequences, [5] who paid an official
visit to Türkiye from 18 to 27 July 2023,
similarly, emphasised that ‘the legal age
of marriage under the Turkish Civil Code
is 18, but marriage is permitted at 17 with
the consent of parents or guardians and
at 16 with the approval of a judge in
exceptional cases’. The Special
Rapporteur made similar
recommendations to the Committee on
the Rights of the Child and the
Committee on the Elimination of
Discrimination against Women: ‘More
effective efforts should be made to
eliminate child marriage, including
Convention to prevent the condoning or
legitimising of the marriage of minors.
Recommendation No. 21 of the
Committee on the Elimination of
Discrimination against Women entitled
‘Equality in marriage and family relations’
provides additional clarifications to
Article 16 of the CRC: ‘The Committee
sets the minimum age of marriage at 18
years for men and women. Women and
men assume important responsibilities
when they marry. Therefore, marriage
should not be permitted unless the
parties are of full age and have the
capacity to act.’ In its concluding
observations on the eighth periodic
report of Türkiye, the Committee on the
Elimination of Discrimination against
through an explicit prohibition of child
marriage in the Penal Code and de facto
tolerance of religious marriage. Efforts to
raise awareness of the harmful effects of
Women recommended that ‘the State
party should adopt legislation prohibiting
child marriage and setting the minimum
early marriage on the health and
development of girls should be
strengthened. Awareness-raising efforts
age of marriage at 18 for men and
women, and continue to take all
necessary measures to eliminate
polygamous and child marriages,
in this area should be carried out in line
with the joint recommendation/general
comment No.31 of the Committee on the
Elimination of Discrimination against
Women and No.18 of the Committee on
including unregistered religious
marriages, and require the official
registration of all marriages’.
the Rights of the Child on harmful
practices.’
[5] Press release: https://turkiye.un.org/tr/192234-birle%C5%9Fmi%C5%9F-milletler-kad%C4%B1na-ve-k%C4%B1z%C3%A7ocuklar%C4%B1na-y%C3%B6nelik-%C5%9Fiddet-nedenleri-ve-sonu%C3%A7lar%C4%B1-%C3%B6zel
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