The protection of family in terms of social state principle
2009
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Advisor: Doç. Dr. Oğuz Şimşek
Abstract (EN)
Family is the foundation of the societies and especially the foundation of the Turkish society. The institution of family maintains its importance and value since past and it?s shown as an address for overcoming the individual and social problems. ?The social state?, that interests in the social status, prosperity and peace of individuals and families and aims to secure a way of life appropriate to human dignity for individuals and families, is obliged to take appropriate measures to protect the family. The Turkish Republic, that adopted the principle of ?social state? under the 2nd Article of the Turkish Contstitution, specially gave place to the principle of ?protection of family? under the 41th Article of the Constitution. When the statements in the justification of Article 41, Article 174 of the Constitution and the Constitutional Court's decisions are assessed as a whole, it's seen that the Framer's family understanding is based on official weddings and is composed of mother-father and children (including adopted child). As the extramarital affairs and the relations that are established with imam weddings are not accepted under the Turkish Civil Code, they are not included in the concept of ?family? within the meainng of Article 41 of the Constitution. For the same reasons, the family that is protected either in terms of the social state or within the framework of Law no:4320, is also the one which is established with official wedding.The aim of the social state has to be to help people who are in need of assistance and the family politics must be based on this idea. Instead of directing families to consumption, the ways of joining people to production with economic measures which will ensure permanent income must be prefered. In case of getting at least one person under social insurance in a family by the way of securing a job, the other people in the family will be automatically under the umbrella of social security. Thus the peace and prosperity of individuals and families will be secured in a social state.The States have to determine family oriented, long term, permanent and planned politicies by giving importance to the family that it deserved. The covered policies in our country does not appear to be adequete and suitable to bring lasting solutions for the families? problems. The time has come to establish an executive ministry like ?The Ministry of Family, Social Service and Assitantance? in our Country.The presence of Law no:4320 is an important benefit (especially for the women and children that are living in our country). By working to prevent domestic violence, this law has important functions for the protection of family that is the basis of society and the members of the family.The establishment of Family Courts is also considered as an important service. The family courts make an important contribution to the protection of family in terms of social state principle as they are specialized courts and they try to resolve trials and problems related to family properly by working with experts like psychologists, pedagogues and social workers.
Author
Dr. Hatice Çakırbay Çimen
Institution
How to Cite
Hatice Çakırbay Çimen (Master Thesis). The protection of family in terms of social state principle, 2009, Dokuz Eylül University.
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