Parental equality in Turkey: understanding gender roles through the legal treatment of working and divorced mothers

Abstract

This article addresses the position of Turkish law regarding parental equality, with a focus on day-to-day childcare responsibility. It discusses whether the current legal landscape is consistent with the aim of relieving mothers from a disproportionate share of childcare. The article first explains the general legal framework of gender equality in Turkey before offering closer insight into two fields that help understand whether parental equality is embraced or rejected: measures regarding work-life balance and the organisation of child-parent relationships after divorce. The article analyses specific legal measures impacting the delegation of childcare duties by mothers, including leave and flexible work policies and childcare services. It argues that the legal framework concerning working mothers conveys contradictory messages that reinforce the gendered character of childcare duties. Based on recent case law concerning divorced mothers, the article underlines the potential for the evolution towards parental equality but acknowledges the limited impact of such developments due to the attachment to the maternal preference rule. The article concludes that, despite good intentions and legal reforms favouring gender equality, Turkish law is still devoid of a comprehensive policy regarding parental equality and does not offer incentives for fathers to participate in daily childcare.