Child Marriages in Türkiye: A Case Study of the H.K.G. Case

Introduction 

According to official data, 302,159 girls have been married in Türkiye in just the last 10 years.1 In Türkiye, although the leg

al age for marriage is 18, with certain legal exceptions, child marriages can be lowered to 16.2 Statistics can only reflect the figures allowed under the legal framework, while children married through illegal means and the extent of this abuse reveal what lies beneath the surface. The estimated birth statistics for children under the age of 15 who gave birth were recorded as 20,895 between 2001 and 2021.3 However, being aware that these figures only represent the recorded part of it is essential regarding the purpose of the legal analysis.  This paper will examine the overlooked issue of child brides in Türkiye through the recent tragic and striking case of H.K.G., and will discuss the gaps in legal provisions and their implementation. 

Relevant Facts of the H.K.G. Case 

The H.K.G. case is one of the most recent cases demonstrating the severity of child marriages in Turkey. The victim, H.K.G., was married through a religious ceremony to 29-year-old Kadir İstekli in 2004, when she was only 6 years old, by arrangement of her family.4 Following this, the victim was sexually abused for years, however, Kadir İstekli described it as a game to H.K.G. In 2021, the victim went to a hospital when she was 14 years old. When H.K.G. explained her situation to the staff there, the healthcare workers became suspicious and reported the case to the relevant authorities. Allegedly, a 21-year-old woman was sent in place of the victim for the bone age test conducted to verify the victim's age, thus, a falsified report was made.5 During the investigation, this intervention closed the case before any legal proceedings could begin. In 2016, when H.K.G. reached the legal marriage age of 18, she officially married her abuser, Kadir İstekli.6 

 The victim divorced in 2021 and thereafter brought a criminal complaint against her former husband, Kadir İstekli, her mother, Fatıma Gümüşel, and her father, Yusuf Z. Gümüşel. When the investigation took place, the incident gained intense public reaction across the country, especially on social media. Following this, the Istanbul Anatolian Chief Public Prosecutor’s Office launched a new investigation, and in December 2022, Kadir İstekli and the victim’s father, Yusuf Z. Gümüşel, were arrested.7 

The authorities issued an arrest warrant for Fatıma Gümüşel. The court held the first hearing of the case in January 2023 and conducted it behind closed doors due to a confidentiality order. The court delivered the first verdict in October 2023. The court sentenced Kadir İstekli to 30 years, Yusuf Z. Gümüşel to 20 years, and Fatıma Gümüşel to 16 years and 8 months in prison for the crime of “qualified sexual abuse of a child on multiple occasions.”8 

The appeal review identified a deficiency in the sentencing. On September 23, 2024, following a retrial, the court sentenced Kadir İstekli to 36 years and Yusuf Z. Gümüşel to 18 years and 9 months in prison. 9 

Legal Framework of Child Marriages in Türkiye and International Obligations 

THE AGE OF MAJORITY AND LEGAL CAPACITY 

The Turkish Civil Code determines the age of majority as 18.10 However, if the consent of the child and their guardian is obtained, a child who has reached the age of 15 may be deemed of age by a court decision.11 

Legal capacity requires the ability to distinguish , and the law foresees that children and those under guardianship are deprived of this capacity.12 

MARRIAGE AGE AND EXCEPTIONS 

The conditions stipulated for eligibility to marry are: age, the ability to distinguish, the consent of legal representatives, and applying to the court.13 According to Article 124 of the Turkish Civil Code, no man or woman can marry before the age of 17.14 In some exceptional cases, the marriage of a child who has completed the age of 16 is possible with court permission. Before the decision, the consent of the child’s guardian is obtained.15 

PROTECTION OF THE CHILD AND TURKISH CRIMINAL LAW 

Türkiye has taken extensive measures to protect the children’s rights. Article 3 of the Child Protection Law is based on the principle of the best interest of the child in any legal and administrative process.16 The Turkish Penal Code prescribes severe punishment for sexual abuse, especially for children under the age of 15. Sexual relations with a minor constitute a serious crime, even if based on consent.17 

INTERNATIONAL LAW AND TÜRKİYE'S OBLIGATIONS 

 The Child Rights Convention, of which Türkiye is a part, includes the principle of the best interest of the child.18 In this case, the state must ensure that the child is treated well and protected by their family or others. This is the responsibility of the state toward the child. 

According to the convention, anyone under the age of 18 is a child. States party to the convention are obligated to take all necessary measures to ensure that the child is protected from any physical or emotional attack, violence or abuse, all forms of exploitation, and mistreatment. 

Another convention to which Turkey is a party, CEDAW, states that early marriages cannot be permitted and that state parties are obligated to establish a minimum age for marriage and ensure that marriages are officially registered. 19 

PROBLEMS IN ENFORCEMENT 

LEGAL LOOPHOLES 

Although existing international agreements, the Turkish Civil Code, and the Turkish Penal Code have taken significant measures to prevent child marriages and abuse, it is statistically evident that there is a persistent issue in practice.20 The exceptions provided by the Turkish Civil Code may create a flexible environment open to molestation. The possibility of lowering the marriage age with family consent and a court decision does not offer deterrence. Such legal loopholes, left to the discretion of individuals, result in significant shortcomings in practice. 

Legal capacity is required for legal action; nothing a six-year-old child says or does regarding a marriage they perceive as a game can be evaluated under the concept of consent. 

 SOCIETAL CHALLENGES 

Even though laws set boundaries, addressing the root of the issue, that is, the societal perspective, is essential for the sustainability of their implementation. Child marriages, seen more intensely in rural areas, are fundamentally based on traditional and religious norms, lack of education, and financial difficulties.21 Regardless of the cause, the role of society in this issue is undeniably crucial. The ongoing ignorance regarding children’s rights and the failure to create the necessary awareness result in society and the state leaving these children, just like H.K.G., in the grip of years-long captivity. With the awareness of society, reporting mechanisms and societal pressure on institutions will also gain strength. 

 Conclusion 

Unfortunately, H.K.G. was not the first, and sadly, she was not the last either. However, her courage shone like a flame across the country and spread her story to everyone, opening the door to the awareness that was not there for her in time. Child marriages are a national and international issue, and their solution must be immediate and strict. Every overlooked child is a legacy deprived of their education and childhood for the future. Protecting the child is the responsibility of, above all, the state and everyone else.