TO CONTACT NOW: 0 541 485 92 48
CHANGE OF VICTOR’S WORK PLACE WITHIN THE SCOPE OF LAW NO. 6284
CHANGE OF VICTOR’S WORK PLACE WITHIN THE SCOPE OF LAW NO. 6284REQUEST FOR APPOINTMENT OF GOVERNMENT OFFICER
According to article 4/1-b of Law No. 6284 on the Protection of Family and Prevention of Violence Against Women, the judge is responsible for the protection of women, family members, and persons who are victims of persistent stalking, who are victims of violence or who are at risk of violence, and In order to prevent violence, it may be decided to change the workplace of these people.
Since changing the workplace of the victim is one of the protective measures regulated in the law, no evidence or document is sought regarding the violence. The injunction decisions can be requested from the judge, the local authority or the law enforcement unit in the fastest and easiest way to reach. The decision to change the workplace given by the judge will be fulfilled by the competent authority or the employer according to the legislation to which the persons are subject.
How to Apply for Change of Work Place?
First of all, the application petition containing the request for the application of a protective measure in accordance with the Law No. 6284 is submitted to the family court on duty in the nearest place to the victim. The petition can also be submitted to the Public Prosecutor’s Office, the police station, the district governor’s offices, and ŞÖNİMs. However, in this case, since it will take time to deliver the petition to the Family Court, applying directly to the Family Court will provide faster results.
When the court decides to apply the protective measure to change the workplace, it should be requested to change the workplace with a petition to be submitted to the institution or workplace, together with the protective measure regarding the change of workplace.
The Constitutional Court’s K.Ş. application
In a dispute before the Constitutional Court regarding the implementation of the said measure; The applicant, who is a classroom teacher, works in the same public institution as her ex-husband. The applicant was battered and stabbed by his ex-wife. Civil lawsuits have been brought against the ex-wife of the applicant. The applicant requested the application of a protective measure in accordance with the Law No. 6284, and his request was accepted and the duration of the protection measure was extended with the decisions of the family court on various dates. The applicant applied to the provincial directorate of national education in the place where he worked and requested to change his workplace because his life safety was in danger. Although the applicant again requested from the family court to change his workplace, this time his request was rejected on the grounds that it was of an administrative nature, and his objection was not accepted.
Although the Constitutional Court explained on concrete grounds that the applicant’s life safety was in danger, first to the institution he worked for and then to the judicial authorities, the Ministry and the Family Court did not act in accordance with their positive obligations to provide the measures to protect the applicant who was the victim of violence, therefore, in line with the 17th Amendment of the Constitution. It has decided that the right to protect the material and spiritual existence of the person under protection in Article .
Stj.Av.Rumeysa Özge Uzkan
TO CONTACT NOW: 0 541 485 92 48
