TURKEY. The Population
Planning Law. Law No. 2827 of 24 May 1983. (T.C. Resmî
Gazete, 27 May 1983, No. 18059, pp. 3-6).
This Law repeals Law No. 557 of 1 January 1965 on
population planning (see IDHL, 1966, 17, 985) and the second
paragraph of Sec. 472 of the Turkish Criminal Code.
Secs. 1-6 read as follows:
1. The purpose of this
Law shall be to regulate the principles of population planning,
pregnancy termination and sterilization procedures, cases where
emergency interventions are permitted, and the acquisition, production,
and procedures for approval of contraceptive drugs and devices.
2. "Population planning"
means the freedom of individuals to decide on the number and the
timing of their children.
The State shall take the necessary measures for the
provision of education on and services for population planning.
Population planning shall be achieved by implementing measures
for preventing pregnancy.
Pregnancy terminations and sterilizations shall be
performed under State supervision and control.
Other than for the indications laid down in this
Law, pregnancies shall not be terminated and sterilization and
castration procedures shall not be employed.
Services for training and education in and implementation
of population planning
3. In order to inform
the public of the need for population planning, and to carry out
services regarding training and education in, and implementation
of, population planning, regulations shall be prepared by the
Ministries of National Defence, National Education, and Social
Security, under the coordination of the Ministry of Health and
Social Welfare. These regulations shall be issued by the Council
The primary institution responsible for conducting
the above-mentioned activities in regard to population planning
shall be the Ministry of Health and Social Welfare, which in this
regard shall cooperate with the universities, the Turkish radio
and Television Organization, social security organizations, all
State organizations and institutions, professional organizations
that qualify as State institutions, and voluntary organizations.
For this purpose, the Ministry of Health and Social
Welfare shall be authorized to establish a special organization
to obtain, produce, or arrange for the production of contraceptive
drugs and devices, and to take measures for the free distribution
of these drugs and devices either through its own organization,
or by other agencies, as well as for their sale at less than cost
price to those persons in need thereof.
The production of contraceptive devices in Turkey,
and their importation into the country, shall be subject to the
authorization of the Ministry of Health and Social Welfare.
Approval of the specifications of contraceptive drugs
and devices shall be granted by the Ministry of Health and Social
Welfare upon receipt of written comments by a Commission which,
in addition to other members, shall include members of medical
school faculties. Any drug or device not approved by the Ministry
of Health and Social Welfare by the above-mentioned procedures
may not be tested on human subjects by any organization, institution,
or unit, including university medical schools.
[Ministry of Health and Social Welfare required
to prepare and issue regulations on: the establishment and operation
of the Commission referred to; pregnancy prevention methods; and
the training of, and responsibility for the provision of services
by, physicians, nurses, and midwives]
Physicians, nurses, and midwives shall administer
contraceptives in accordance with the conditions laid down in
the above-mentioned regulations, irrespective of any conditions
laid down in special laws.
means the operation undertaken to remove a man or woman's ability
to have children without interfering with the satisfaction of
their sexual needs.
Sterilization operations may be performed on adults
on their request, on condition that there are no medical contraindications.
During surgery, and if a medical need for castration
arises on therapeutic grounds, a castration operation may be performed
without obtaining the patient's consent.
Termination of pregnancy
5. Provided there are
no medical contraindications, the uterus may be evacuated until
the end of the 10th week of pregnancy.
If the gestation period is longer than 10 weeks,
the uterus may be evacuated only if the pregnancy represents,
or will constitute, a danger to the mother's life, or if the child
to be born or its offspring will be damaged, this being confirmed
in writing, on the basis of objective findings, by a specialist
in obstetrics and gunaecology and a specialist in a related field.
In a situation where failure to intervene immediately
will result in danger either to life or to one of the vital organs,
a physician making an assessment to this effect shall evacuate
the uterus. However, in such cases, the physician who has terminated
the pregnancy must inform the Directorate of Health and Welfare
in provincial centres, and Government physicians in local towns,
of the name and address of the woman, the intervention procedure,
and the justification for the intervention; such information must
be provided either prior to the intervention, or, if this is not
possible, within 24 hours following the intervention.
Regulations to be prepared shall indicate the conditions
that constitute emergency situations; the format and content of
the notification form; the format for the consent forms to be
used by persons requesting evacuation of the uterus or sterilization,
and instructions on how to fill in these forms; the places where
such operations can be performed; the conditions to be fulfilled
by such places as regards health and other aspects; and matters
regarding the inspection and supervision of such places.
Permission for pregnancy termination
6. The intervention referred
to in Section 5 shall be contingent upon the permission of the
pregnant woman; in the case of minors, it shall be contingent
on permission by a parent; in the case of persons under legal
guardianship, either because they are minors or because they are
mentally incompetent, it shall be contingent on the consent of
the minor and the legal guardian, as well as the permission of
a justice of the peace. Permission to evacuate the uterus shall
however not be required in the case of a pregnant woman unable
to make a conscious decision on account of mental incompetence.
Where a person whose consent is required under the provisions
of the second paragraph of Section 4 or the first paragraph of
Section 5, is married, the consent of the spouse shall be required
in order to evacuate the uterus or for sterilization.
The requirement of obtaining permission from a parent
or from a justice of the peace may be waived if there could be
danger to life or to a vital organ unless urgent action is taken.
Sec. 7 (Activities contravening the Section regarding
the production and advertising of, and publicity for, drugs and
devices) indicates the penalties to which persons contravening
Sec. 3 are liable. It is also prescribed that lawful advertising
and publicity for contraceptive drugs and devices must be carried
out in accordance with Sec. 13 of Law No. 1262 of 21 May 1928.
The penalties to which persons contravening certain other provisions
of Sec. 3, or Secs. 5 and 6 are liable, are laid down in Sec.
8 (Use of unauthorized [contraceptive] drugs and devices).
The heading of Secs. 9-12 reads "Amended legal
provisions." Under Sec. 9, the title of Sec. 468 and the
heading of Chapter 4 of Part 9 of Book II of the Turkish Criminal
Code (Law NO. 765 of 1 March 1926) are amended to read "Crimes
involving wilful and forced abortion." A revised version
of Sec. 468 is likewise introduced. Sec. 10 amends the first
paragraph of Sec. 469 of the Criminal Code, while Secs. 11 and
12 introduce revised versions of Secs. 470 (dealing with unlawful
abortion) and 471 (dealing with unlawful sterilization).
Sec. 13 (Repealed laws and provisions) repeals, inter
alia, the second paragraph of Sec. 472 of the Criminal code.
This section also includes a "provisional Section,"
requiring the adoption of new regulations, etc., to enter into
force within three months following the publication of this Law.
Until then, those provisions of the regulations made in pursuance
of Law No. 557 of 1 January 1965 and not in conflict with the
present Law, are to remain in force. The instruments to be adopted
are to comprise: regulations on the termination of pregnancy
where this is required on medical grounds; regulations on sterilization;
provisions on population planning; and provisions on the in-service
training activities of the General Directorate of Population Planning.
Sec. 15 (Enforcement) prescribes that the Council of Ministers is to be responsible for the implementation of this Law.