ECtHR rules against waiting period for remarriage of divorced women in Turkey

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The European Court of Human Rights (ECtHR) has ruled that the 300-day waiting period for divorced women in Turkey seeking to remarry is discriminatory.

In a unanimous decision, the court concluded that this practice violates Article 8, which guarantees the right to respect for private life, and Article 14, which prohibits discrimination, of the European Convention on Human Rights (ECHR).

Under the laws in Turkey, divorced women are required to wait a minimum of 300 days after their divorce is finalized before they can marry someone else. Women who do not wish to observe this waiting period are required to provide medical evidence proving that they are not pregnant.

The ECtHR determined that the 300-day waiting period and the requirement for medical documentation to shorten it cannot be justified. It ruled that such practices violate the plaintiff's right to respect for private life.

Furthermore, the ECHR dismissed the argument that this practice serves as a necessary measure to prevent uncertainty regarding the biological father of a child. The court stated that this justification, aimed at preventing ambiguity in the birth registry, cannot legitimize the discrimination.

The ECHR decision emphasized that the treatment the plaintiff experienced based on her gender is unwarranted and cannot be justified by any means. It firmly asserted that the intention to establish the identity of the biological father, in order to prevent confusion in the family tree, has no place in modern society.

Following the ECHR's preliminary ruling, the parties involved have a three-month period to request a final decision on the matter. (EMK/VK)