- Section: Purpose
- Section: Scope and Definitions
- Section: Principles
- Section: Purpose, Establishment and Structure of the Commission Against Gender Discrimination and Violence
- Section: Application to the Commission Against Gender Discrimination and Violence
- Section: Evaluation and Decision
- Section: Enforcement and Execution
- Section: Resources
Part 1: Purpose
This policy document aims to prevent, support and strengthen by defining the principles for creating an environment of the Coding Society that is completely free from forms of discrimination and violence; it aims to set out the policy that should prevail as long as it establishes effective investigation and sanction mechanisms if the applicant requests.
We Code Association is committed to creating an environment of trust in which those who have experienced or witnessed gender-based harassment and violence can express themselves. But the purpose of this document is not to prevent consensual relations between persons, impose a certain sense of morality, limit freedom of expression, involve all kinds of personal tensions and inconveniences in official processes and subject them to sanctions.
We Code Association stands against the violation of the right to not be tarnished as well as in the face of speech and actions involving sexual harassment, sexual assault and/or discrimination against its employees and beneficiaries. We encode, with this document, first of all, encourage those who are subjected to these behaviors and who consider themselves witnesses to these behaviors by stating their institutional stance and principles in the face of sexual harassment and/or sexual assault, without any doubt, and in writing, to take appropriate steps. The trainee fights sexual harassment and sexual assault without compromise due to the nature of the work relationships in which volunteers and community members are involved and ensures that the mechanisms to be addressed are strengthened.
Given that gender-based sexual harassment and/or sexual assault is a form of violence, effective investigations and prosecutions should be carried out when the violent event occurs, in accordance with the obligations imposed by international conventions and laws on institutions in the fight against violence.
This document, which sets out the Coding Association's policy to eliminate the pervasive discriminatory and sexist culture in the private and public sphere, sets out its goals of preventing gender-based discrimination, violence, sexual harassment and assault, supporting and empowering those subjected to these discourses and actions.
The prevention policy covers the measures to be taken within the Code Association within the framework of the principles contained in the document.
Part 2: Scope and Definitions
The principles and objectives contained in this Policy Document have been adopted by the We Code Association without time and space restrictions. In addition, this document states that they have been subjected to or subjected to gender discrimination, violence, sexual harassment and/or assault, regardless of age, sexual orientation, gender identity/expression, gender characteristic, marital status, language, religion, race, denomination, economic gain, professional seniority, and time and space It covers the employees and the community of the Kodluvi Association, who declare themselves to be in danger of being threatened. We code employees, interns, volunteers and community members are all components of this document without discrimination.
Definitions
Commission: Refers to the Ethics Commission of the Association We Code. The Ethics Commission will step in when the Listening Commission is not enough.
Members of the Commission: Refers to the members of the Listening Commission.
Ensemble: This concept We Code The Association identifies beneficiaries, workshop providers, assistants, and community members.
Applicant: We Code a person who applies to the Commission against Gender Discrimination and Violence against Gender Based Discrimination and Violence, alleging or witnessing forms of gender-based discrimination or violence,
Complaining: a person who indicates that he or she has suffered violence and/or harassment,
Complained: the person who is alleged to have committed violence and/or abuse,
Witness: Identifies the person who has witnessed him or her being subjected to forms of discriminatory behavior or violence based on sex.
Violence: Whether in public or private life, threats to commit acts or acts that result in physical, sexual, psychological, digital or economic harm and suffering are all acts of violence based on gender, including coercion or arbitrary restriction of freedom.
Discrimination: Age, sexual orientation, gender identity/expression, gender characteristic, gender, race, color, language, religion, denomination, philosophical, political or other opinion, national or social origin, affiliation with a national minority, property, birth, health status, disability, marital status, migrant or refugee, refugee it is any type of conduct that causes a violation of the principle of equal treatment based on any basis, such as status or similar status. Dislike, contempt, avoidance and hatred can take various forms, deprivation of rights, from mistreatment to verbal and physical violence.
societal Gender-Based Violence: It is any type of verbal or physical discriminatory violence that a person or a group is exposed to because of their gender, sexual orientation, gender identity/expression, gender characteristic and that disproportionately affects them.
At the root of gender-based violence are discriminatory approaches and attitudes, such as humiliating, devaluing the person, not recognizing the person's gender identity based on stereotyped judgments or roles imposed on gender. Just as gender-based violence can be directed directly at people belonging to a particular group, it can also disproportionately affect people belonging to a particular segment, even if seemingly neutral.
Sexual Harassment: It includes sexual speech, behavior or other forms of behavior that are made without physical contact and are not consensual. “Continuity” is not a prerequisite. It is qualitatively divided into:
- Simple Harassment: They are actions that do not carry an element of blackmail, but contain insults, creating uncomfortable, undesirable environments. For example, making sexual jokes and compliments or using slang words, engaging in persistent flirting, harassing with digital or other pornographic material, asking for images to be shared, asking questions about one's sexual life, or creating gossip. The nature of simple harassment is aggravated by its constant repetition despite warnings.
- Qualified Harassment: They are actions that occur through acts such as blackmail or open threats and are aimed at controlling the person's behavior. As it can be related to the abuse of one's professional position, serious cases of harassment can also occur between those of equal status. In cases where he does not accept the offer of sexual content, it is stated or implied that the person will pay costs related to his business life and, if he accepts, that he will make a profit.
Sexual Assault: It is the violation of one's sexual immunity by any type of behavior that is carried out on the body and is not consensual. According to the Turkish Penal Code, “the insertion of an organ or other object into the body” is an increasing punishment for sexual assault. Sexual assault in marriage has also been described as a crime.
Consent: It is the fact that a person has innately and effectively allowed the word, attitude or behavior in spite of a discourse or action directed at him. The fact that consent has been given once does not mean that consent lasts, consent can always be withdrawn. The use of physical and/or psychological force by the use of title and/or position shall not be deemed to constitute consent or to remain silent by threat, fear, coercion, intimidation, deception and deception. The existence of consent should be assessed sensitively and within gender sensitivities, especially where elements that pose a risk of crippling the will, such as the presence of a subordinate relationship between the parties to the incident, stand out.
Consent construction is the use of persistence, manipulation, emotional threats, persuasion processes (e.g. gifts, financial support, treats, and assurances), emotional pressure, making the person feel guilty, and similar methods used to translate “no” into “yes” in any sexual behavior for which the person does not consent.
Digital Harassment: They are any disturbing or controlling actions and actions directed at a specific group, relating to an information system or data in an information system or information system that is used as a tool, directed at a specific person or group, without targeting a specific person or a specific person, by taking advantage of the possibilities of technology. Registration of all types of personal data without consent is covered under this scope.
Persistent Follow-up: Actions such as constantly being around a private or public space without a person's consent, waiting, remotely or closely monitoring on the road, any threatening behaviour that is deliberately repeated and intimidated to prevent the person from feeling safe, investigating their personal information by physical or technological means to learn about their daily life and using the information obtained for harassment purposes.
Retaliation: It is the implicit or explicit hardening of the work life, private and/or public sphere for the purpose of revenge because the person wants to go the way of complaining, thinking that he or she has been harassed, refusing offers for sexual or emotional purposes. Retaliation is applied against someone who wants to report or has made a report of sexual harassment and/or assault. Actions directed at witnesses who want to report a case are also considered retaliation.
Reward Promise: In the event of sexual or emotional conduct of the person or acceptance of an offer of such content, the promise of any privilege involving the obtaining of an award, lawsuit, interest, interest, gain, indirect or directly linked to the profession. Explicitly or implicitly indicating that a person will be rewarded if he accepts sexual or emotional conduct or an offer of the same content is a promise of reward.
Whistleblower: It defines the person who has not been directly affected by the relevant act, such as violence or harassment, etc., but who reports this fact to the relevant mechanisms.
Bystander intervention: Witnessing a related act, such as violence or harassment, etc., is called to intervene to stop the act or provide the necessary sanction.
Chapter 3: Principles
The principles guaranteed by this document are:
Non-Discrimination Principle
The policies set forth in this document include age, sexual orientation, gender identity/expression, gender characteristic, marital status, pregnancy, race, color, origin, language, religion, denomination, belief, ideology, appearance, disability, age, professional seniority, educational status, property, economic status, ideology or any other such basis It is applied without discrimination.
Privacy Policy
The Commission Against Gender Discrimination and Violence acts in accordance with the principle of confidentiality of the complainant and the complainant at all stages and ensures that all stages of the process are managed in accordance with this principle, respecting the dignity of the applicant and the complainant and in order to protect the privacy of private life.
Principle of Neutrality
Persons who are close to the person against whom the complaint is made cannot be held in any capacity, including rapporteurship in the process of allegations of gender-based violence, sexual harassment, sexual assault and/or discrimination, etc. If one of the members of the commission has such affinity, he may not attend the meeting on the subject and vote.
Principle of Ivedism
The unit takes action without time to face allegations of gender discrimination, violence, sexual harassment and/or assault. In particular,
- When it is considered that the undesirable attitude and approach in question constitutes a serious threat, constitutes a danger or that the evidence is likely to be lost,
- When the action occurs between people who have an institutional hierarchy between them and there is an asymmetry of power;
- When the situation adversely affects the performance, career or employment of the person who has suffered gender-based violence, sexual harassment, sexual assault and/or discrimination;
- Acts quickly and actively when it is concluded that unwanted sexual approaches are being used as a means of reward or retaliation, revenge.
The Principle of Care and Preventing Redundancy
The Commission shall effectively and diligently deploy psychological and similar support mechanisms for applicants who have notified it; it shall pay due attention and care to take the necessary action against those who do not act on the claims or try to cover up such claims, and to prevent re-occurrence of those affected. This principle is specifically aimed at preventing the applicant from being reframed when it comes to allegations of gender discrimination, violence, sexual harassment and/or assault, and support processes are structured in accordance with this principle. The unit adheres to the principles of confidentiality and care at all stages of the process and behaves in such a way as not to damage the sense of trust of the parties.
Non-Judgement Support Policy
The purpose of the unit established by this document is not to judge the applicant and the complainant on the basis of a specific moral judgment, but to activate the mechanism of support against the alleged discourse and action. It is also essential to provide legal support at the request of the applicant and at all stages of the process.
Principle of Volunteering
We Code employees who believe they have suffered or witnessed conduct involving sexual harassment and sexual assault are encouraged and informed of their rights to apply to the Commission against Gender Discrimination and Violence, a support mechanism. However, volunteerism is essential in the application and at all stages of the process. As a rule, no action can be carried out without the consent of the applicant.
Declaration and Evidence
Sexual harassment is often a phenomenon that occurs between two people and is difficult to prove. This situation pushes the harassed to remain silent and thus causes an environment conducive to harassment. The prevention mechanisms introduced by this document will operate on the principle of understanding the nature of the incident with a more holistic reasoning about the nature of the harassment, the context of the incident and the nature of the incident in the absence of evidence other than the statement. From this point on, people who think they have been victimized are encouraged to report it, even if they are unsure of the nature of the incident. However, since the suspicion that will arise due to insufficient evidence in the administrative and judicial investigation processes is interpreted in favor of the victim, it is important that people who are harassed be careful about collecting and storing different types of material (visual and audible recordings, witness statements, etc.) that can be used as evidence in the investigation, provided that it is in accordance with the law. For example, storing notes, messages from the complainant, keeping a record of the steps taken and their results, asking for the support of witnesses, if any, can be followed. The person who thinks they have been sexually harassed will be provided with psychological support and physical safety throughout all the proceedings from the point they report the situation.
Chapter 4: Purpose, Establishment and Structure of the Commission Against Gender Discrimination and Violence
Article 1: We Code The Purpose of the Commission Against Gender Discrimination and Violence;
- We are committed to raising the awareness of employees and the community against gender discrimination and violence and ensuring that this policy is implemented by creating policies to prevent it,
- We encode that employees and members of the commission undergo training at certain periods,
- To submit recommendations to the board of directors for Kodluyoruz to create policies/practices against gender-based discrimination and violence,
- Establish an action plan within the framework of the principle of confidentiality to assess the needs of people exposed to situations related to gender discrimination and violence and provide information on necessary safety, medical, psychological, psychosocial and legal issues,
- To follow the process by directing people exposed to cases of gender discrimination and violence to the relevant places,
- We code to evaluate all thoughts, opinions and suggestions from our employees, the board of directors and the community,
- It is determined to ensure that relevant information and announcements are communicated to the employees and community of We Code.
Article 2: We Code Association of the Commission Against Gender Discrimination and Harassment
Creation
At the Commission Against Gender Discrimination and Violence; Recommended by the Board of Directors of the We Code Association
Listening Commission;
- Program Leader Faruk Dinçer
- Project Leader İrem Urfalıoğlu
- Corporate Communications Manager Gökçe Deniz Karademir
- Specialist Ecem Çolak
- Program Foreman/Monitoring & Evaluation Officer Esra Köylüoğlu
The elected and appointed members shall be appointed by the Chairman of the Board as members of the Commission against Gender Discrimination and Violence and shall be notified to the members by official writing. The chair of the Commission against Gender Discrimination and Violence is elected from among the members of the Commission and by the Commission.
Chairman of the Ethics Committee;
Program Foreman/Monitoring & Evaluation Officer: Esra Köylüoğlu
Ethics Commission;
- We Code CEO Zeynep Basmacı
- Chairman of the Board of Directors of We Code Association: Berat Kjamılı
- We Code Association Member Onur Ünver
- Business Development Specialist Defne Karakoç
The Ethics Commission will step in when the Listening Commission is not enough.
Article 3:
- The term of office of members is 2 years.
- Expired members can be reinstated.
- The membership of the member who does not attend the meeting of the Commission 2 times without valid excuse is reduced.
- Members may resign provided they give one month's written notice. If a valid excuse is found, the duration condition is not searched.
- Vacated membership shall be filled within one month in accordance with the provisions of Article 2.
Article 4:
- The listening commission meets at least 1 time in 3 months. The day, time and agenda of the meeting shall be notified to the members in writing by the chairman at least one week before the meeting.
- The listening commission, outside of ordinary meetings, may be called to an extraordinary meeting by the President due to an urgent business.
- Meetings are held with the participation of all members.
- All Coding employees can participate in the meeting as a listener/observer.
- The number of resolutions is more than half of those present at the meeting. If the votes are equal, the decision of the party with the Chairman of the Commission is considered adopted.
- At meetings, the writing task is performed by a member appointed by the President of the Commission. The minutes finalized at the next meeting shall be forwarded to the members of the Commission. Decisions taken shall be communicated by the Chairman of the Commission to the Board of Directors and other interested parties as necessary.
- The member performing the writing task shall transmit the agenda of the meeting to the members of the Board of Directors and the Commission, at least one week before the date of the meeting, and the minutes of the final meeting no later than one week after the date of the meeting.
Chapter 5: Application to the Commission Against Gender Discrimination and Violence
- Persons who believe that they have been directly or indirectly subjected to sexual violence and/or harassment and/or who suspect or have witnessed it may contact the unit. We Code If any application is made to the Association administration or different teams, the teams inform the applicant about the Commission Against Gender Discrimination and Violence and, if the applicant deems it appropriate, forward the relevant application to the Commission.
- The application can be submitted in person or via the e-mail address of the Commission without limitation of days and hours. Control of this email address is provided only by the chairman of the commission or, if necessary, a commissioner designated by the chairman of the commission.
- In cases where support is needed, the applicant is referred to a specialist consultant in his field.
- Applications can be received anonymously at the request of the applicant. If the applicant requests the commission to proceed with the process, the applicant's information ceases to be anonymous. The entire administrative and legal process begins with the written consent of the applicant, it is impossible to initiate the administrative and legal process on behalf of the person without the written consent of the applicant.
- A form is created by the interviewer for each application. Follow-up operations are carried out following the given deadline.
- Only the date, subject of the application and the applicant's requests are included in the form, unless the applicant has consent to the addition of other information.
- If the applicant requests the commission to proceed with the process, the identity information of the parties and witnesses of the incident is stored in the application file.
- If any action is initiated at the request of the applicant, the applicant is informed about the stages and the outcome of the process being carried out.
- There is no time limit on the application. It is possible for the applicant to submit an application in order to benefit from support and reinforcement mechanisms, even if there is a time limit on the judicial and administrative side.
- In the event of a situation that could overshadow the impartiality and objectivity of any of the parties to the event that is the subject of the application and of any of the members of the Commission, the member concerned shall not be included in the application process. In the event that the relationship in question is subsequently learned or realized, the board member leaves the process related to the application. In these cases, one of the reserve members is temporarily assigned by the We Code Association.
Chapter 6: Assessment and Decision
- Applications are evaluated promptly and carefully. During the process, due attention and care shall be taken to avoid and prevent the occurrence of any conduct that could lead to the applicant's reinstatement and damage the human dignity and sense of trust of the parties. In the process of support and solidarity, questioning and accusatory words, behaviors, attitudes and allusions that will increase victimization are avoided. The entire commission acts in accordance with the obligation of urgency and care.
- The Commission, examining the application, draws up a report containing its views on the matter. According to the principle of confidentiality, reports on applications are delivered to the members of the board of directors by hand by the chairman of the Commission with a secret stamp and in a sealed envelope.
- If the applicant submits a formal complaint, the Commission shall share with the relevant authorities the work done so far with the applicant's consent. It also maintains support for the applicant during and after the process.
- All documents on applications are closed to persons other than the current and subsequent commission and commission members. These documents are not shared or reproduced with any person or entity under the principle of confidentiality, except for notification obligations arising from legislation and other legal obligations.
Chapter 7: Enforcement and Execution
This document was adopted by the Board of Directors of Codime Association and entered into force on 07.11.2022.
The Board of Directors of the “Commission Against Gender Discrimination and Violence Against Gender Based Discrimination and Violence” conducts the work on the formation and functioning of the “Commission Against Gender Based Discrimination and Violence”.
Sources
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Directive of Ankara Bar Association Support and Solidarity Unit Against Sexual Violence http://www.ankarabarosu.org.tr/upload/HD/Donem66_2/Diger/abc%C5%9Fkddbyonerge.pdf downloaded from. (28.07.2022)
Başkent University Support Principles Against Sexual Harassment and Assault Policy Paper https://www.baskent.edu.tr/belgeler/mevzuat/yonerge/Cinsel_Taciz_ve_Saldiriya_Karsi_Destek_Ilkeleri_Politika_Belgesi.pdf downloaded from. (03.02.2022)
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Boğaziçi University Sexual Harassment Prevention Commission Work Directive https://drive.google.com/file/d/1G3ytfamm6MlAuIziZGsW3He-kwLimx8a/view downloaded from. (03.02.2022)