Improving the Effectiveness of Family Courts: Better Protection of the Rights of Family Members

This project is co-funded by the European Union and the Council of Europe, and implemented by the Council of Europe:

Budget: 2.223.000 EUR

33 months (20 March 2021 – 19 December 2023)

Ministry of Justice, judges, public prosecutors, candidate judges and prosecutors, experts, court staff, lawyers, academia, public/court users

Justice Academy of Turkey

The Project aims at equipping family courts judges and public prosecutors working in the domestic violence bureaus, candidate judges and prosecutors, staff of family courts and experts (pedagogues, psychologists and social workers) with capacities and skills in the areas that would directly contribute to ensuring family justice, individual rights and child friendly justice. Increased specialisation of judges, prosecutors, court staff and experts through trainings in the scope of the Project will address issues of delay and uncertainty and improve consideration of cases involving vulnerable and high-risk service users to alleviate considerable stress for all parties concerned and lessen the possibility of secondary trauma.

The Project will assist the Turkish judiciary in improving rights of family members through standard-settings and practical tools such as guidelines and handbooks to be applied in the family court procedures in a consistent manner throughout the country. The Project aims at delivering the most accessible justice in the shortest time to those who seek it. Most importantly, the protection and promotion of family members’ wellbeing will be a crucial consideration throughout its implementation.

Effective co-operation among the stakeholders involved in family law and family court procedures is expected to be established through the Project. Awareness raising activities will also be conducted.

This Project’s overall objective is to ensure rule of law and fundamental rights in Turkey fully in line with international and European standards. Improving the effectiveness of family courts in protecting the rights of women, children and other family members is the specific objective of the Project.

Direct link to Project home page.

Rita Marascalchi (Project Coordinator, based in Strasbourg)

Anja Busch (Project Assistant, based in Strasbourg)

Aytek Çingitaş (Project Manager, based in Ankara)

Simin Yalçıntaş Deli (Senior Project Officer, based in Ankara)

Nihal Zemheri Günay (Project Linguistic Assistant, based in Ankara)

Nur Akabalı (Project Assistant, based in Ankara)

Fulay Erdal (Finance Assistant, based in Ankara)

Expected Result 1: Effectiveness and functioning of the family courts and office of public prosecutors are enhanced

1.1. Conducting Baseline Study, Gap and Needs Analysis

1.2. Improving Divorce Procedures and their Effective Application to Prevent Trauma

1.2.1 Roundtable Meetings on the Effectiveness of Divorce Procedures

1.2.2 Development of Guidelines on the Divorce Case-flow Management

1.3. Improving the Framework of the Alimony and Compensation Determination

1.4. Improving the Application of the Principle of the Best Interest of the Child and Custody Arrangements

1.4.1 Roundtable Meetings on Improving the Application Best Interest of the Child

1.4.2 Development of Assessment Tool on the Determination of the Best Interest of the Child by the Family Courts

1.4.3 Organisation of Workshop on Custody Arrangements

1.4.4. Development of Guidelines on Improved Custody Arrangements

1.5. Assessment of ADR Mechanisms in Family Law Procedures

1.6. Improving the Applications of Law No.6284 and Case-flow and Prosecution Management in Domestic Violence

1.6.1 Workshop on the Improvement of Case-flow and Prosecution Management of Domestic Violence

1.6.2 Development of a Tool on the Improved Case-flow and Prosecution Management in Cases subject to Law No. 6284

1.7. Review of the Legal Framework

1.8. Study Visits for the Analysis of Best Practices in the European Countries

Expected Result 2: Capacities of judges, public prosecutors and experts are enhanced regarding key human rights and family law issues

2.1. Training Need Analysis (TNA)

2.2. Design of Training Programme and Modules (working groups)

2.2.1. Consultation on Training of Judges and Candidate Judges on Family Court Cases IPA/2020/421-065 Page 32 of 89

2.2.2. Consultation on Training of the Experts and Auxiliary Staff in the Family Court

2.3. Delivery of Training Programme

2.3.1. Delivery of Training of Trainers (ToT) Seminars

2.3.2. Delivery of Pre- and In-Service Training Programme for the Judges and Prosecutors

2.3.3. Delivery of In-Service Training Programme for the Experts and Auxiliary Staff in charge in the Family Courts

2.4. Evaluation of the Training Programme

Expected Result 3: Co-operation mechanisms among stakeholders are improved

3.1. Increasing Legal Collaboration in Family Law Practices

3.1.1. Analysis of Needs for more Effective Collaboration

3.1.2. Consultation Workshops for Elaborating an Action Plan of the Establishment of the Collaboration Mechanism

3.2 Establishment of a Collaboration Mechanism

3.2.1. Working Groups Meetings on the Mandate and Working Procedures of the Collaboration Mechanism

3.2.2. Purchase of Sources on Family Law

3.3. Organisation of Regular Collaboration Meetings

3.4. Multi-sectoral institutional collaboration and pilot implementation

3.4.1. Pilot Implementation

3.4.2. Organisation of a Multi-Partner Seminar to Discuss and Disseminate the Outcomes of the Collaboration Mechanism

Expected Result 4: Awareness of public regarding family court proceedings is increased

4.1. Information Needs Assessment

4.2. Design and Implementation of Awareness Raising Activities for the Public

4.2.1. International Conference

4.2.2 Open Court Days

4.3 Design and Implementation of Awareness Raising Activities for the Court Users

4.3.1. Design, Preparation and Dissemination of Awareness Raising Materials

4.3.2 Establishment of Law Clinics in Pilot Courthouses