• Abstract and Figures
• Public Full-text

Human Rights Brief Volume 9 | Issue 3 Article 3 2002 Virginity Testing in Turkey: A Violation of Women’s Human Rights Chanté Lasco American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Human Rights Law Commons, Sexuality and the Law Commons, and the Women Commons Recommended Citation Lasco, Chanté. "Virginity Testing in Turkey: A Violation of Women’s Human Rights." Human Rights Brief 9, no. 3 (2002): 10-13. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Lasco: Virginity Testing in Turkey: A Violation of Women’s Human Rights Virginity Testing in Turkey: A Violation of Women’s Human Rights by Chanté Lasco* n February 2002, Turkey issued a decree and it is likely that a Turkish woman would banning forced virginity testing. This fol- rather undergo virginity testing than risk Ilowed an announcement in July 2001 by her reputation. Turkey’s Health Minister, Osman Durmus, The extent of the practice is difficult to that midwife and nursing students were estimate because most women are very reluc- required to be virgins, and that testing would Credit: Shara Abraham tant to admit their virginity has been ques- be used to ensure compliance. Although tioned and thus seldom report being sub- human rights groups and the international jected to testing. Despite the lack of statistics, community welcomed news of the recent interviews with doctors, lawyers, and local ban on virginity testing, it remains to be women’s and human rights activists reveal seen whether the practice of virginity testing that the threat of such exams follows women will in fact cease. throughout their lives. Further, it is clear As Turkey attempts to improve its human that the Turkish government plays a sig- rights record in a bid for European Union nificant role in conducting, or acquiescing membership, its government faces a ten- in, virginity testing, especially those exams sion between enduring cultural norms and performed on women in police custody, international human rights standards. The on students and job applicants, and on rape prominence of certain cultural norms can victims. cause conflicting results when the govern- ment tries to demonstrate progress by pro- Virginity Testing mulgating legislation without instituting Those subjected to virginity testing additional measures, such as educational include women who apply for certain gov- campaigns and enforcement mechanisms, to ernment jobs; girls applying to attend spe- ensure that human rights abuses are not cialized schools, such as nursing school; or tolerated. women who are arrested for political Virginity testing is discriminatory, highly activism or “immodest behavior,” such as invasive, and often involuntary. These tests dining with female friends. Further, involve the physical examination of a wom- Turkey’s history of torture and gross an’s hymen for tears to determine whether human rights violations against prisoners the woman is still “a girl” (the term Turkish Turkish women in Istanbul. Women puts women detainees at risk of serious doctors use to refer to a virgin). Underlying in Turkey have been arrested for abuse. the practice of virginity testing are cultural dining with female friends, an activ- ity that is considered by some to be Prisoners and Detainees norms, which dictate that women who are “immodest behavior.” not virgins may not be considered eligible for Virginity testing of prisoners and marriage and could bring dishonor to their detainees is not carried out in response to families. This is especially true in rural areas of predominately complaints of sexual assault or at a prisoner’s request; rather, Muslim Turkey. Virginity testing is thus used to prove a the tests are routine and involuntary. Women in prison are woman’s chastity and make her eligible for marriage. This often subjected to virginity testing immediately upon being cultural context creates a presumption that female virginity incarcerated, and again prior to release, under the justifi- is a legitimate interest of the family, community, and ulti- cation that virginity testing protects female prisoners. Police mately, the state. According to Human Rights Watch (HRW), authorities argue that if a woman is raped in police cus- an interview with a Turkish doctor revealed that if a woman tody, a virginity test constitutes evidence of the crime. They does not bleed on her wedding night, she likely will be contend that if an exam reveals that a woman is not a virgin, taken for “virginity control.” Although gynecologists main- that evidence demonstrates a woman is sexually active and tain the status of the hymen is not determinative of one’s vir- that the loss of virginity was not due to custodial rape. There- ginity, Turkish doctors nonetheless rely on such information fore, only women who can prove they were virgins prior to when they perform virginity testing, and “passing” the virginity being raped can successfully bring a custodial rape charge. test is based on whether or not the hymen is torn. Forced virginity exams are thus used to defend against claims Prior to the ban on virginity testing, women were entitled of rape while in custody. This situation insinuates that non- to refuse a virginity test. Doctors who performed virginity test- virgins who are raped are not violated. Further, because the ing, however, reported they were unaware that a woman’s state fails to recognize that the tests are physically invasive and consent was required. Such misinformation demonstrates that involuntary, virginity testing constitutes cruel treatment. having a law in place is not enough to ensure the protection Women detained for political offenses also are targeted for of women’s rights. Rather, a comprehensive educational virginity testing. In southeastern Turkey, where the Kurdish campaign is needed to ensure the law’s requirements are met. conflict is particularly volatile, Turkey has instituted a state of Further, in practice women rarely exercise their right to emergency, authorizing police to detain anyone suspected of refuse virginity testing because of pressure from family, or terrorist activity for thirty days without being charged. Anti- the police in cases in which prisoners are tested. Women who terrorism laws restrict a variety of rights, including the right refuse virginity testing often are assumed to be non-virgins, continued on next page 10 Published by Digital Commons @ American University Washington College of Law, 2002 1 Human Rights Brief, Vol. 9, Iss. 3 [2002], Art. 3 Virginity Testing, continued from previous page individual victim and emphasizes that loss of honor is the pri- mary offense. Turkey’s criminal statutes explicitly refer to the virginity of the victim. For example, causing a woman or girl to demonstrate, to publish, and to broadcast. In accordance to lose her virginity after promising to marry her is a felony. with these anti-terrorism laws, female journalists working for This supports a perception that rapes committed against left-wing publications have been detained in southeastern non-virgins are less serious. Turkish law thus puts a victim’s Turkey and subjected to forced virginity testing. modesty on trial, rather than the perpetrator’s actions. As a Additionally, police force women to submit to virginity test- result of this legal framework, gynecological exams of rape ing under the guise of investigating prostitution. Police victims, which should be performed for the sole purpose of often detain and examine women they deem immoral, accus- obtaining forensic evidence, often include virginity testing. ing them of prostitution for acts the police consider immod- Further, virginity exams can be used as a way to control est. For example, women have been detained as suspected women’s lives by forcing them to marry to protect family prostitutes and subjected to testing for dining alone or with honor. If a woman’s family suspects she has had sexual inter- female friends, staying with female friends in a hotel, staying course, they may attempt to force a marriage between the with a boyfriend in a hotel, walking or driving alone on a woman and her sexual partner by filing criminal charges with street, sitting on a park bench after dark with male friends, the police and forcing the woman to undergo a virginity or living alone and having male visitors. exam. A man charged with the offense of causing a woman Compounding the humiliation and pain associated with the to lose her virginity by promising to marry her, seduction, or virginity tests, police harass women with the results. If an statutory rape can escape criminal liability if he marries the exam “determines” that a woman is not a virgin, she often faces woman bringing charges. taunting and verbal abuse by the police. In more egregious cases, if an examiner feels that the test shows a woman is a vir- Violation of National and International Law gin, police sometimes threaten to rape the woman and destroy her “honor.” National Law Under the Turkish criminal code, vaginal exams may be per- Students, Job Applicants, and Hospital Patients formed at the state’s behest for the following reasons: (1) to Prior to the ban, directors of state-run dormitories for collect evidence after criminal charges have been filed for rape, female university students often required virginity exams of but only if the woman participates willingly; or (2) to conduct women when they first entered the dormitories, and subse- a health check for working prostitutes. The law also dictates quent to any nights they spent elsewhere.

Load more

  5

Copy Link