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Restoring hope and justice: A lawyer’s fight for women’s rights after the earthquakes in Türkiye

When the devastating earthquakes struck Türkiye in 2023, the destruction went far beyond collapsed buildings. It shattered lives, leaving many women in vulnerable situations, displaced, and trapped in difficult circumstances.

For Fatma Serap Balakan, who is a lawyer from Hatay, providing legal aid to these women became more than just a profession- it turned into a mission. Through the grant scheme implemented by the Council of Europe and the Union of Turkish Bar Associations (UTBA) under the action “Fostering Women's Access to Justice in Türkiye,” she helped women navigate the legal challenges that emerged in the aftermath of the disaster.

Accessing legal aid in disaster-hit areas comes with significant obstacles. With transportation and communication systems severely disrupted, as Balakan says, reaching legal services is extremely difficult. "Many women also live in fear due to housing insecurity, and some face direct threats from their husbands," Balakan explains. However, she believes the biggest challenge is the psychological toll on women as they have not been dealing just with legal issues but struggling to survive and cope with trauma.

She insists that access to legal aid is crucial in post-disaster recovery, particularly for women facing gender-based violence. "Legal support can be life changing. It allows women to see a more secure and hopeful future," she says. However, many women remain unaware of their rights or find the legal system too complex to navigate. "When they learn about their rights, they gain confidence in themselves. Their faith in justice is renewed. Knowledge is power."

Balakan emphasises that legal aid provides more than just legal solutions; it reassures women that they are not alone. "Having someone to fight for them helps them feel psychologically supported. It gives them the strength to move forward in situations they previously felt powerless against."

Beyond legal struggles, Balakan has witnessed the immense hardship women face in their daily lives. She explains basic needs such as shelter, heating, and food must be met before they can focus on resolving legal matters. "Unfortunately, there are still serious challenges in securing these essentials. Women urgently need access to humanitarian aid, healthcare, and safety services. The lack of clean water and infrastructure issues continue to threaten public health, while electricity shortages and poor lighting in temporary housing put women and children at further risk."

One of the most pressing legal issues Balakan has encountered is divorce. According to Balakan, many women in the region are not economically independent and feel that accessing legal assistance is impossible. Without proper legal knowledge, they often fear the consequences of ending their marriages and are particularly concerned about child custody. "When we explain the legal process to them and provide support, their fears begin to ease, and they feel empowered to take the necessary steps," she says.

A particularly distressing issue is that women who had started divorce proceedings before the earthquakes often found themselves forced to remain with abusive partners due to the lack of alternative housing. "Many women who had been living separately before the earthquake had no access to temporary shelters, leaving them no choice but to stay with violent husbands or unsafe family environments."

To ensure better protection for women in disaster-hit areas, Balakan advocates for a more structured approach. "In container cities, there should be legal aid offices alongside security units to ensure women and children can access justice safely. Lawyers could be stationed there on duty," she suggests. However, she stresses that the most urgent need is a comprehensive emergency action plan to combat violence against women and children and domestic violence in post-disaster settings.

Despite the immense challenges, Balakan remains committed to her work. For many women in the earthquake-affected regions, legal aid is more than just a service- it is a lifeline to safety, empowerment, and a future where they can stand on their own.

The action “Fostering women's access to justice in Türkiye” is part of the European Union and Council of Europe’s joint programme "Horizontal Facility for the Western Balkans and Türkiye“. It contributes to enhancing accessibility and quality of legal aid services for women and supporting key stakeholders, including civil society, as well as increasing legal awareness and literacy among women in Türkiye.

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