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Introduction

The information contained on this page represents the situation as of 31 December 2009 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Dilek Kurban
E-mail: dilekkurban@tesev.org.tr
 

Country context

There is no official data on the composition of the population in Turkey on the basis of the ethnicity, denomination and mother tongue. With regard to the religious composition in the country, the majority of the population indicates some degree of affiliation with Islam. Alevis constitute the largest religious minority in Turkey.

Main principles and definitions

The legislation prohibiting discrimination is general in nature and it does not refer to different types of discrimination at all. Only with regards to sex and pregnancy, art. 5 para. 3 of the Labour Law prohibits both direct and indirect discrimination. As only in one case it was decided that prohibition of discrimination was violated, there is no judicial interpretation either. Consequently, it is unknown how the courts will interpret what constitutes discrimination.

Enforcing the law

There are no special bodies established to receive applications from victims of discrimination. Consequently, in cases of allegations of discrimination, the complainants have to follow general administrative and legal venues. If the victim seeks an amicable settlement instead of a court action, alternative dispute settlement methods offered in the Turkish legal system are very limited. 

Main legislation

There is no specific anti-discrimination or equal treatment legislation in Turkey. As Turkey is not a member of the European Union, Directives 2000/43 and 2000/78 have not been transposed. However, in March 2010 a preliminary draft of the Law on Combating Discrimination and Establishment of an Equality Council was sent to various universities and non-governmental organizations, in order for them to express their opinions on the draft. The draft was apparently inspired by the Directives and the European experience. Both the list of prohibited grounds and the material scope of the draft are wider than the Directives.

Material scope

The material scope of the legislation is hard to determine in many cases, as provisions prohibiting discrimination are rather general and vague. Besides, there is no consistency in the legislation. For example, not all laws and regulations on education or employment explicitly prohibit discrimination. In such cases, “equality” is applied to the case as a general principle of law or a reference is being made to art. 10 of the Constitution on “Equality Before the Law.”

Equality bodies

There is no equality body in Turkey. Victims of discrimination can to apply to human rights boards which are established in every province and districts and Human Rights Inquiry Commission of Turkish Grand National Assembly. Both the boards and the commission have the competence to inquire complaints of discrimination in employment. The Human Rights Presidency, Human Rights Boards and Human Rights Inquiry Commission of Turkish Grand National Assembly can give a decision that describes the situation as a violation or non-violation of the right to equal treatment and these decisions are not enforceable and are not legally binding.

Go to the European Commission - Employment, Social Affairs and Equal Opportunities This initiative is financed by the EC Programme Progress. But the views expressed in this website do not necessarily reflect the official views of the EU institutions.