An Evaluation of the Necessity to Modify Sexist Expressions in the Turkish Commercial Code No. 6102 in Light of Art. 2/f of the Convention on the Elimination of All Forms of Discrimination against Women

Abstract

To ensure gender equality and end the discrimination against women, many studies and legal arrangements are being made at the national and international levels. Discrimination and inequality of opportunity are fueled by gender stereotypes imposed on society by the masculine mentality, which is surrounded by prejudices with religious, historical, social, political, and cultural roots. Thus, the mentality that normalizes discrimination against women is embedded in the language through words, idioms, proverbs, certain concepts, and practices. Moreover, attitudes and behaviors involving prejudice and discrimination can be transferred to language, culture, and even legal texts through words. Art. 2/f of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), to which Turkey is a party and which, in a sense, regulates the human rights of women, emphasizes that discrimination begins with language. It requires state parties to modify or abolish discriminatory and sexist expressions in their legislation and to replace them with regulations that protect and strengthen the equality of women and men with egalitarian and inclusive language. In this study, the Turkish Commercial Code (TCC) is analyzed in the light of Art 2/f of CEDAW. This is because comprehensive commercial legislation and legal practices exist in the field of trade, which are built on concepts such as businessman and seaman. Similarly, when the Turkish legal legislation is analyzed in general, the frequency with which the sexist term “man” is substituted for the concepts of human being or person is notable. In lieu of such sexist concepts that refer explicitly to men and implicitly to women, inclusive and egalitarian concepts should be preferred. The TCC must be devoid of sexist language because Turkey is a signatory to CEDAW and Art. 90/5 of the Turkish Constitution places the convention’s provisions above the law. This study, which also includes proposals for egalitarian concepts, draws attention to the necessity of making regulations that emphasize the equality of women and men and aim to prevent inequality of opportunity in order to strengthen the place and impact of the TCC in trade, which is transforming and developing with globalization and digitalization.

Keywords

• gender
• women’s rights
• equal opportunity
• business judgement rule
• seaman
• nondiscrimination