6284 Sayılı Kanun’a Göre Şiddet Uygulayana Yönelik Muayene ve Tedavi Tedbirinin Şartları ve Hukuki Sonuçları

Abstract

Violence against women remains a significant global social issue negatively impacting public order. In accordance with the Council of Europe Convention on preventing and combating violence against women and domestic violence (better known as the Istanbul Convention), Turkey, a state party, has considerably reformed its legislation. Law No 6284 on Protection of the Family and Prevention of Violence against Women was adopted on March 08, 2012. It became valid and entered into force following its publication in the Official Gazette dated March 20, 2012, numbered 28239. This new law abrogated Law No 4320 on the Protection of the Family, dated 17.01.1998. In addition to the protective measures for victims of violence, Law No 6284 provides several preventive court-ordered measures directed at the perpetrator. For example, the examination and treatment of domestic violence perpetrators is regulated under Article 5/I (h) and (i). It stipulates that family judges can impose participation in preventive intervention programs. This study evaluates the conditions, ramifications, and significance of this court-ordered preventive measures. If existing sanctions on domestic violence offenders who violate treatment orders are deemed inadequate, alternative solutions that aim to protect the victims are provided by the courts.