The reflection of these international conventions and
standards on national legislation is as follows:
According to the Turkish Penal Code (TPC);
A parent or guardian who marries off a child under her/his care commits more
than one offence specified below:
Threat, blackmail (Art.106-107)
Obstruction of the right to education and training (Art.112)
Instigating or assisting in the commission of the offences of sexual abuse or sexual
intercourse with a minor (Art.103-104) (Art.38-39)
Human trafficking (Art.80)
Violation of the obligation of protection, supervision, assistance and notification
(Art.97-98)
Maltreatment (Art.232)
Violation of the obligation arising from family law (Art.233)
Marrying a child with an unofficial marriage despite being married (Art.230)
Offences committed by mediating and witnessing marriage:
Religious ceremonies and aiding and abetting the offences of sexual abuse or
sexual intercourse with a minor (Art.103-104) (Art.39 and Art.230): Those who
perform religious ceremonies may be charged with aiding and abetting the
commission of the offences of sexual abuse and sexual intercourse with a minor
due to the facilitating nature of this act.
Violation of the obligation to notify (Art. 97-98): Violation of the obligation of
protection, supervision, assistance and notification may be claimed for those who
witness the marriage by attending the wedding etc.
Failure to report a crime:
When a public official (judicial and administrative authorities, law enforcement
officers, village and neighbourhood headperson, municipal police officers, persons in
charge of educational institutions and other public institutions and organisations)
learns that a crime has been committed in connection with her/his duty and
neglects to notify the competent authorities or delays in this regard (Art.279).
Members of the health profession (physicians, dentists, pharmacists, midwives,
nurses and other persons providing health services) who, while performing their
duties, come across an indication that an offence has been committed and neglect
or delay in notifying the competent authorities (Art.280).
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