As with the LFIP, the TPR also contains definitions of “persons with special needs” and “unaccompanied children” and provides for additional guarantees. According to Article 3 TPR, “unaccompanied minors, persons with disability, elderly, pregnant women, single parents with accompanying children, victims of torture, sexual assault or other forms of psychological, physical or sexual violence” are to be categorised as “persons with special needs”.
The TPR and other related secondary legislation providing the legal framework and procedures for the provision of services to temporary protection beneficiaries identify the Ministry of Family and Social Services as the responsible authority for “persons with special needs”.
As provided by the AFAD Circular 2014/4 on “Administration of Services to Foreigners under the Temporary Protection Regime”, “services such as accommodation, care and oversight of unaccompanied minors, persons with disabilities and other persons with special needs are the responsibility of the Ministry of Family and Social Services. The Ministry is responsible for the referral of vulnerable persons to children centres, women shelters or other appropriate places.”
Being identified and registered as a “person with special needs” entitles beneficiaries to additional safeguards and prioritised access to rights and services. They should be provided “health care services, psycho-social assistance, rehabilitation and other support and services free of charge and on priority basis, subject to the limitations of capacity.”[1]
Unaccompanied children under temporary protection
Article 3 TPR defines an “unaccompanied minor” as “a child who arrives in Türkiye without being accompanied by an adult who by law or custom is responsible for him or her, or, a child left unaccompanied after entry into Türkiye, provided that he or she did not subsequently come under the active care of a responsible adult”.
Türkiye is a party to the Convention on the Rights of the Child and domestic child-protection standards are generally in line with international obligations. According to Turkish Law, unaccompanied children, once identified, should be taken under state protection with due diligence under the authority of the Ministry of Family and Social Services.
Article 48 TPR provides that unaccompanied children shall be treated in accordance with relevant child protection legislation and in consideration of the “best interests” principle. The 2015 Ministry of Family and Social Policies Directive on Unaccompanied Children provides additional guidance regarding the rights, protection procedures and implementation of services for unaccompanied children. The Directive designates PDMMs as the state institution responsible for the identification, registration and documentation of the unaccompanied children. PDMMs are also entrusted the responsibility of providing shelter to unaccompanied children until the completion of the age assessment, health checks and registration, documentation procedures upon which the child is referred to the Ministry of Family and Social Services.
Once the PDMM refers the child to the relevant Provincial Ministry of Family and Social Services Child Protection Directorate, temporary protection beneficiary unaccompanied children aged 0-12 are to be transferred to a child protection institution under the authority of the Ministry of Family and Social Services.
According to the TPR, unaccompanied children are mainly housed in Ministry of Family and Social Services shelters but may also be placed in Temporary Accommodation Centres if appropriate conditions can be ensured.[2] In practice, unaccompanied children between the ages of 0-18 are transferred to the nearest Provincial Child Protection Directorate. These children are not only Syrians, but include children from Afghanistan, Iraq, Somalia and South Africa. The Ministry has established child protection centres for unaccompanied children, but the number of unaccompanied children placed in these institutions has not been made public.[3]
The psychosocial well-being of Syrian children in Türkiye has been visibly impacted from the traumatic effects of war and flight, as well as deprivation, lack of opportunities for social interaction, and limited access to basic services. According to academic research conducted in 2022 and 2023, the psychosocial needs of Syrian children are largely disregarded by the authorities, and more sustainable activities, such as sport and the arts, should be performed to accelerate their social integration.[4]
Purple Roof Women’s Shelter Foundation highlights several problems[5] faced by unaccompanied children in the earthquake-affected zone. Firstly, unaccompanied children have been settled to the shelters of some organisations that are not reliably acting in the children’s best interests. Secondly, there is a lack of clarity on the determination of the adults accompanying the children were their mothers. There is no appropriate review procedure or reliable process to ensure the best interests of non-Turkish unaccompanied children regarding the person that children can be handed over. Furthermore, decisions regarding Syrian un-accompanied children appear to have been made without thorough assessment, relying solely on the children’s statements.
Women and girls under temporary protection
Protection from domestic violence
As regards the protection of women, Article 48 TPR refers to Türkiye’s Law No 6284 on Protection of the Family and Prevention of Violence, and the Implementing Regulation of this law, which provides a series of preventive and protection measures for women who are either victim or at risk of violence.
These guarantees are particularly important in light of the persisting risks of gender-based violence or even death generally affecting women in Türkiye.[6] Two-thirds of married women who participated in a study conducted in Kocaeli in 2022 reported experiencing one or more forms of gender-based violence in their marriages but only 38% consider divorce.[7]
Women subjected to or at risk of domestic violence or sexual or gender-based violence by people other than family members must be protected by the competent state authorities. When a woman contacts the police or any other state institution or a third party informs the authorities, depending on the case, either preventive or protective measures should be taken. Temporary protection beneficiary women can also benefit from these measures.
On the basis of a referral from either the police, women can be referred to Centres for the Elimination and Monitoring of Violence (Şiddet Önleme ve İzleme Merkezi, ŞÖNİM), which then refer them to women shelters (kadın konukevi) run by the Ministry of Family and Social Services, municipalities or NGOs in accordance with available capacity. However, the problem is that the total number and capacity of women’s shelters in Türkiye falls far short of the demand (see International Protection: Special Reception Needs). According to data shared by the Ministry of Family and Social Services, in 2023, in total there are 149 women’s shelters with a capacity of 3,650[8]; 112 shelters affiliated with the Ministry in 81 provinces provided services with a capacity of 2,805; 33 women’s shelters affiliated with municipalities in 13 provinces with a capacity of 735; 1 women’s shelter affiliated with NGOs with a capacity of 20; and 3 women’s shelters affiliated with PMM with a capacity of 90. In 2023, to maintain women’s shelter services in Hatay, which was affected by the earthquake, 3 containers were provided, furnishing support was given to shelters in need.
Since women’s shelters are intended to house both Turkish and foreign nationals, temporary protection and international protection recipient women are also affected by the capacity issues. In refugee dense areas such as Gaziantep, Adana, and Şanlıurfa, there is an urgent need for more women’s shelters. For instance, in Şanlıurfa, the conditions are not good, especially bacuse of the overcrowding[9]. In case of a lack of capacity, the referred women might be placed in other cities. In 2023, the women are often reluctant to access these centres, due to lack of trust, the fear of return, deportation, or any possible negative consequences[10]. Sometimes due to the differences in legal systems between countries, there is a lack of awareness among refugee women about domestic violence experienced by girls and women, to share information about what violence is, women’s shelters, and restraining orders, [11].
Another related practical limitation is that, although the law clearly provides that both women at risk of violence and women who have actually been subjected to violence should be able to access shelters, in practice due to capacity problems only women who have actually been subjected to violence are offered access to existing shelters. In most cases, shelters also inquire into the women’s claim to ascertain that violence is “certain” and request evidence such as an assault report or a criminal investigation, although practice is not uniform across the country. In South-Eastern Anatolia, the need for women’s shelters is very high. Due to capacity problems, some shelters give priority to women with an assault report or a criminal investigation, which is very difficult for refugee/asylum-seeking women. As a rule, women placed in shelters can stay in the facility for up to six months. Even if they are lucky enough to find a place in a women’s shelter, they generally return to the house where they experienced violence at the end of six months. Protection and prevention mechanisms in cases of SGBV/GBV against refugee women in Türkiye do not work effectively.[12]
As a rule, women placed in shelters can stay in the facility up to 6 months. This period can be extended on exceptional basis. Victims of human trafficking are housed in two shelters located in Ankara and Kırkkale for one month (see International Protection: Special Reception Needs).[13]
The Women Shelters Regulation issued in 2013 also clearly indicates that for a woman to be admitted to a shelter, she is not required to provide a valid identity document. However, a Temporary Protection Identification Document is required of women seeking to be admitted to shelters in practice. To admit applicants in 2023, some women’s shelters required registration with the municipality and a valid identification number.[14] In 2023, in some cities, women who were victims of SGBV had their applications taken, and they could access protection immediately. In some small towns, some ŞÖNİMs (shelters) accept refugee women even without a criminal complaint reported against the perpetrator. However, in Ankara, the shelter requires a criminal complaint and the ID card of the applicant.[15]
Conditions in shelters are restrictive and many migrant women leave after a short period of time due to discrimination and psychological violence from other women[16]. LGBTQI+ women are automatically excluded from these shelters.[17]
The number of the identified victims of human trafficking is 223 in 2022 and the vast majority are Turkish citizens and unaccompanied children, and the Ministry of Family and Social Services provides support to the victims in question. In addition, a significant number of identified foreign victims do not want to benefit from the victim support program. The PMM annual report mentioned that there was an increase in the number of Syrian, Afghan and Turkish citizens among the identified victim nationalities[18].
Discriminatory behavior is common among public officers working at courthouses. Alongside open hate speech, public officers can display other forms of discrimination against refugees, such as not properly informing them or slowing down the judicial process. Access to justice in the courts is further complicated due to language barriers. Women receive notifications from the courts in Turkish not in Arabic including in SMS messages. Syrian women’s cases can be rejected due to a lack of translators in the courts or a lack of knowledge on the part of the legal aid staff. Some NGOs provides information on their rights, such as Women’s Solidarity Foundation, Mavi Kalem, and Refugee Rights Türkiye.
One exemplary initiative to ensure access to justice for refugee women is the grant agreement between the Council of Europe and the Union of Turkish Bar Associations (UTBA[19]). This grant, part of the “Women’s Access to Justice in Türkiye” project, aims to provide comprehensive legal aid services, particularly targeting women victims of violence and those from vulnerable groups such as refugees and migrants. The project emphasizes gender-responsive legal aid, training lawyers in gender sensitivity, and ensuring that applicants receive consistent and intersectional support. Additionally, it seeks to remove barriers and geographical obstacles to legal aid, ensuring that trained legal aid lawyers, selected by local bar associations, provide quality legal advice and representation, thereby safeguarding women’s human rights in alignment with European standards.
Courts issue suspension orders in cases of domestic violence, but in 2023, they have been still ineffective because the perpetrators and victims sometimes reside in the same household. Violence perpetrated along the migration route is pervasive but completely invisible. Syrian women cannot discuss sexual harassment or assault of this nature.[20] In case of living in common settlement areas in the earthquakes affected region, there is a difficulty regarding the implementation of the restraining order, an injunction decision is taken, but in some cases, the security has no information about this order which make harder to implement the order and provide the security to the women[21].
Polygamous and arranged marriages
In addition to violence, the protection of women and girls under the age of 18 involved in arranged marriages and unofficial polygamous marriages – including “second wives” and girls sold by their families – is a persistent and significant concern. Despite the fact that both practises are illegal under Turkish law, polygamous marriages are lawful in Syria, and women are not always aware of the legal differences between the two countries. These issues have also contributed to an increase in the rate of early divorce among girls under the age of 18.[22] In 2023, it is observed that there is an increase on child marriages, especially in the earthquakes-affected area[23].
To overcome threats posed by prostitution and sexual assault, early marriages and becoming a co-wife (Kuma in Turkish) are considered a means of social protection for some refugee women. The rates of early and/or forced marriages, sexual violence, polygamy, unwanted pregnancies, unsafe deliveries, and maternal mortality among Syrian refugees are significantly higher than among Turkish women.[24] As the status of the second wife is not recognised in Turkish Civil Law, in the case of abuse and violence they have difficulties in accessing their legal rights.[25]
In 2023, the Turkish Court of Cassation upheld the annulment of a second marriage, conducted in Syria by a Syrian national who later acquired Turkish citizenship, on the grounds of absolute nullity due to violation of public order. The individual had legally married a second wife in Syria while still married to the first, and upon gaining Turkish citizenship, both marriages were registered in Türkiye. The decision, based on Turkish Civil Code Article 145/1, was initially challenged but ultimately confirmed by the Court of Cassation, emphasizing that polygamy is prohibited under Turkish law regardless of the individual’s previous nationality and legal practices in their country of origin.
In spite of criminalisation in Turkish law, temporary protection recipients have limited opportunities to claim the relevant legal safeguards and protection measures due to a lack of adequate public information and, most importantly, a critical shortage of counselling and legal assistance services available to refugee women. In addition, when treating child brides and mothers, public authorities such as health care institutions frequently fail to fulfil their legal obligation to inform the police of child marriage cases. In cases where they inform the authorities, police officers may not investigate the incidents.[26] Statistics on such reports are not available countrywide in 2023.
Initiatives such as the Child Protection Centre run by Türk Kızılay in Altındağ, Ankara offer information to women on early pregnancy, child marriage, sexual harassment, reproductive rights and contraception. Many NGOs have child protection activities.
In addition, polygamous marriages have an impact on refugees’ access to certain rights such as Social Welfare. The assistance granted under the ESSN, for instance, is only provided to one wife and her registered per household.[27]
The situation of sex workers
Since sex work is frequently perceived in Türkiye as behaviour endangering public order or health, certain groups like sex workers are particularly vulnerable. In an evacuation case filed against a Syrian transgender sex worker woman by the end of 2022, it was argued that she was required to leave the property because she engaged in sex work and was a transgender woman, neither of which is unlawful in Türkiye. The case is still pending.[28] Due to the small amount of the financial support provided by UNHCR and the inability to access the labour market, their engagement in sex work continued through 2023.[29] Syrian cisgender sex workers who are victims of gender-based violence have the right to be placed in SONIM, but due to the language barrier, they typically leave the shelter after three to four days.[30]
According to the study conducted by the Red Umbrella Association, Syrian sex workers are stigmatized on the basis of both being a Syrian and doing sex work/ Syrian sex workers interviewed said that they were subjected to discriminatory treatment and ill-treatment in their encounters with law enforcement officers. Syrian sex workers do not know which center they should apply to for which health problem[31].
Torture survivors under temporary protection
Both LFIP and TPR identify “torture survivors” among persons with special needs. Torture survivors, like all other temporary protection beneficiaries, have access to a range of healthcare services in public hospitals, including psychiatric assistance. There is also a small number of NGOs, such as Human Rights Foundation of Türkiye, that specialise in treatment and rehabilitation services to torture survivors.
LGBTQI+ persons under temporary protection
Persons belonging to lesbian, gay, bisexual, transgender and intersex populations are not defined by the TPR as a category of “persons with special needs”. The lack of a gender-sensitive registration procedure under TPR has an impact on their ability to disclose their sexual orientation or gender identity or being registered as persons with special needs.[32] However, it should be noted that when they inform PDMM’s protection offices about their gender identity or sexual orientation, they are eligible for a protection interview and resettlement evaluation. UNHCR implementing partners often provide help in this process.[33]
Because of the PDMMs’ referrals, LGBTIQ+ communities living in relatively small cities like Yalova, where approximately 2,000 LGBTIQ+ individuals live encounter significant housing, labour market, and health care problems and wish to leave Türkiye as soon as possible.[34] Their access to health care, including in Migrant Health Centres (see Health Care) is hindered by high levels of discrimination and fear of being exposed to a family member and they prefer approaching to public hospitals.[35]
As a result of the change in registration policy, from 6 June 2022 to 6 February 2023, PDMMs referred Syrians seeking protection to temporary accommodation centres. For instance, one transgender person was granted access to the temporary accommodation centre in Kahramanmaras, while another transgender woman’s access was denied by temporary accommodation center in Adana. In these two cases, they were unable to register. However, in cases of gender-based violence registration was accesible.
In the context of widespread discrimination targeting both refugee and LGBTIQ+ communities, LGBTIQ+ refugees feel unsafe and vulnerable. This discrimination is prevalent when they seek accommodation or labour market access[36].
Following the earthquakes, the marginalised position of LGBTQI+ individuals exacerbated existing societal inequalities and discrimination. These individuals faced heightened violence, discrimination, and hate speech, exacerbated by longstanding government targeting. In earthquake-affected areas, LGBTQI+ persons encountered significant obstacles accessing essential services, with their specific needs and challenges often overlooked and minimized. Local LGBTQI+ organizations and groups played a crucial role in meeting even basic needs through solidarity activities. The state’s prioritisation of “family” in determining and providing aid exacerbated discrimination against LGBTQI+ individuals, both in earthquake-affected zones and among those who relocated to other cities[37].
Ethnic and other minorities under temporary protection
The number of members of ethnic minorities, such as Roma, Dom and Lom groups from Syria are not known for certain. In Gaziantep, these groups generally live in rural areas, work in seasonal agricultural work and refrain from registering out of fear of being discriminated by the public authorities.[38] In the Şirinevler district of Gaziantep 70% of the population is Dom. In Gaziantep, there is a huge industrial area in the Unaldi district where many Syrians including Doms, are employed without a work permit. In rural areas, families generally live together. However, in big cities, they prefer not to be visible and live separated from each other.
Research conducted by Kırkayak Kültür[39] has revealed that negative perceptions, attitudes and discriminatory practices against Dom and Abdal communities, and the inability of Dom and Abdal communities to access rights and services in the aftermath of the earthquake appears to be a result of multilayered discriminatory practices.
(For more information see AIDA Turkiye 2022.)
[1] Article 48 TPR.
[2] Article 30(3) TPR, as inserted by Regulation 2018/11208. The previous provision in Article 23(4) TPR has been repealed by the amendment.
[3] Obianet, ‘News List’, 2023, available here
[4] Halk Sağlığı Bakışıyla Göçün Ruh Sağlığına Etkileri, ‘The Effects of Migration on Mental Health From a Public Health Perspective’, 2023, available at: https://bit.ly/3DceNRf; Ali Riza Atici, ‘Ortaokullarda öğrenim gören mülteci ve göçmen çocukların motor beceri düzeyleri ve beden eğitimi temel psikolojik ihtiyaçlarının incelenmesi’ 2023, available here
[5] Türkiye’de Deprem Bölgesindeki Refakatsiz Çocukların Durumuna İlişkin Bilgi Notu, 2 Mart 2023
[6] For 2017 figures on killings and sexual abuse, see Hürriyet, ‘409 women killed, 387 children sexually abused in Türkiye: 2017 Report’, 2 January 2018, available here. See also Observatory for Human Rights and Forced Migrants in Türkiye, A Year of Impunity: A one year visual database of migration-related human rights abuses, July 2017, 14.
[7] Birkan Doğan & Hasan H. Taylan, ‘Geçici Koruma Altindaki Suriyelilerin Aile İçi Sorunlarinin İncelenmesi: Kocaeli Örneği’, 2022, available here
[8] T.C. Aile ve Sosyal Hizmetler Bakanlığı, 2023 Faaliyet Raporu, available here
[9] Information provided by a stakeholder, March 2024.
[10] Information provided by stakeholders, March – April 2024.
[11] Information provided by stakeholders, March – April 2024.
[12] Information provided by a stakeholder, May 2023.
[13] PMM, ‘İnsan Ticareti İle Mücadele 2023’, available here
[14] Information provided by a stakeholder, March 2024.
[15] Information provided by a stakeholder, May 2022 and May 2023.
[16] Ibfirnation provided by stakeholders, March – April 2024.
[17] Information provided by a stakeholder, March 2021 and May 2023.
[18] PMM, Annual Report 2023, available here
[19] CoE, December 2022, Understanding Barriers to Women’s Access to Justice and Legal Aid in Türkiye, available here
[20] Information provided by a stakeholder, May 2023.
[21] Information provided by stakeholders, March – April 2024.
[22] Information provided by a stakeholder, May 2023.
[23] Information provided by stakeholders, March – April 2024
[24] Ibid, page 7.
[25] Ibid, page 8.
[26] Information provided by a stakeholder, May 2023
[27] Information provided by a stakeholder, May 2023.
[28] Information provided by a stakeholder, June 2023.
[29] Information provided by a stakeholder, June 2023.
[30] Information provided by a stakeholder, June 2023.
[31] Gerçek Gündem, ‘Araştırma: Türkiye’deki yabancılar (2) Suriyeli seks işçileri Türkiye’de neler yaşıyor?’, 19.07.2023, available here
[32] Information provided by a stakeholder, June 2023.
[33] Information provided by s stakeholder, June 2023.
[34] Open Democracy, ‘I Am Not Your Refugee: From All Over: LGBTQ Türkiye’, 6 October 2022, available here
[35] Information provided by a stakeholder, June 2023.
[36] Information provided by s stakeholder, March 2024.
[37] Kadınişçi.org, Depremden kurtulan LGBTİ+’lar, katmerli ayrımcılıkla boğuşuyor,available here
[38] Information provided by a stakeholder, May 2023.
[39] Kirkayak Kültür, February 2024, “We started from zero, we returned to zero again…”, available here.