Maltreatment against family members

ABSTRACTMaster of Degree With ThesisMaltreatment Against Family MembersDokuz Eylül Üniversitesiİnstitute of Social SciencesIn order to provide the solidarity and the security of the human beings,the families has been constitued and after that the society has been constitued bythe families. ?Family? has been changed in the course of time and manydifferent types of ?family? has come on the scene. But, despite all different typesof ?family?, the most important quality is continuity of it.Because of major importance of the family, almost all the law systems areinterested in the family and take all the measures necessary render it healthyand in order. The provisions which protect the family and its members has beentaken part in many laws, and especially in Turkish Civil Code. But, untill 1stWorld War, the criminal provisions which protect the family were notimportant because, the family was accepted as a civil law institution and it wasthought that the intervention to the family by using criminal rules wouldjeopardize individual liberty.Our subject, ?Crime of Maltreatment Against Family Members?, wastaken place in the ex Turkish Criminal Code (no. 765) among the ?CrimesAgainst Individuals?. In the new Turkish Criminal Code?s (no. 5237)systematic, the protection of the family is more important, therefore this crimeis taken place in the ?Crimes Against Family Order?.We take into account not only individual?s physical and mental health,but also the family itself. Therefore, in order to determine the family which istaken under protection, we focus on the concept of ?family? and we try toexplain the definition, the types, the protective intervention of the state andsome state?s laws.We try to define the Crime of Maltreatment Agianst Family Members, toshow differences from the other similar crimes. We try also to make thedefinition of the violence and the origin of it, the maltreatment and itsappearance in the comparative law, the historical development, with theassistance of the Court of Cassation?s jurisprudence.The violence agianst women is examined under another title, with theassistance of international documents. And also, ?Act of the Protection of theFamily? is examined.In the third chapter of our thesis, the aritcles 232/1-2 of the Code no.5237 is compared to the articles 477 and 478 of the Code no. 765.The fourth chapter, the family violence is examined criminologically;and various poll results and solution proposals are taken place in this chapter.In the conclusion, we emphasize that nobody can ignore the familyviolence and especially maltreatment against children and women. We also offersome proposotions about what the state and the society can do.Keywords: 1. Family, 2. Violence, 3. Crime