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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE 2018 ANNUAL REPORT

them into society. Therefore, taking into account of the above-mentioned reasons, our
Institution decided that the applicant should be transferred to a prison which is located closer
to his family to facilitate the visits by his family and submitted a Recommendation to the
Ministry of Justice to resolve the grievance of the applicant.

b) Protection of Family

Under the field of “protection of family”, the applications are usually filed regarding the
following areas:

◊ acts relating to the violation of the right to marry and start a family,

◊ protection of family unity,
◊ protection of family structure and values,

◊ domestic violence, negligence and abuse,
◊ honor killings and feud,

◊ adoption and foster care services, and
◊ other matters concerning the protection of family.
In 2018, the majority of applications filed to our Institution have been about “protection of
family unity”, and “other matters concerning the protection of family”.

Applications regarding prevention of violations of rights in visiting arrangements for the
parent who doesn’t hold custody after divorce

Many applicants stated, inter alia, that they had difficulties in establishing personal
relationships with and relating to their child whose custody was held by other parent, and that
the custody right was misused after divorce, and so in their applications, they requested that
any behavior preventing the parent from establishing a personal relationship with his/her child
should be prevented, that it was unacceptable to deliver the child for parental visit through
the office of the execution as if the child is a “property”, that the principle “respect for family
is being violated, and that necessary legal and administrative measures should be taken in line
with the international agreements to which Türkiye is a party such as European Convention on
Human Rights, and the United Nations Convention on the Rights of the Child.
To analyze the problems in the context of these applications, our Institution held meetings
with the applicants, relevant civil society organizations as well as the administrations, and
organized a workshop on prevention of violation of rights in delivery of child.

After thorough examinations, it was found that some of the problems were stemming from
the law while others were from administrative functioning. Therefore, our Institution issued
Recommendations such as issuing new regulations regarding visitation of child by the parent

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