Country Report Non-discrimination
Country Report Non-discrimination

Author:

Publisher:

Published: 2022

Total Pages: 0

ISBN-13: 9789276490845

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As Turkey is not a member of the European Union, Directives 2000/43/EC and 2000/78/EC have not been transposed or implemented. The Law on the Human Rights and Equality Institution of Turkey (No. 6701), the anti-discrimination law adopted in 2016, prohibits direct, indirect and multiple discrimination as well as instruction to discriminate, discrimination by assumption, segregation, harassment and mobbing in the workplace. Discrimination by association is not included. The grounds covered by the Law are limited and it prohibits discrimination only on the basis of sex, race, colour, language, religion, belief, denomination, philosophical or political opinion, ethnic origin, wealth, birth, marital status, health, disability and age. Furthermore, there are anti-discrimination provisions in the Constitution and in several laws. Most notable among the laws with anti-discrimination clauses is the Law on Persons with Disabilities, which could be considered as an anti-discrimination law. However, the law prohibits discrimination solely on the ground of disability and has limited material scope. In addition, various laws, including the Labour Law, the Turkish Penal Code and the Law on National Education, have anti-discrimination clauses, but again with limited material scope. Sexual orientation is not enumerated in any of the laws, including the Law on the Human Rights and Equality Institution of Turkey, or in the Constitution, despite the consistent efforts of human rights and LGBTI+ associations. Age is explicitly listed as a protected ground only in the Law on the Human Rights and Equality Institution of Turkey. However, as with sexual orientation, age was also recognised as a ground by the Constitutional Court. The said laws and provisions, as well as precedents set by the Constitutional Court, are not being implemented. While hatred and incitement to hatred are prohibited under the Turkish Penal Code, as noted by the European Commission against Racism and Intolerance (ECRI), the 'definition of hate crime is excessively narrow and the Criminal Code does not explicitly provide that racist and homo/transphobic motivation constitutes an aggravating circumstance'. Moreover, hate speech grounds are exhaustive and do not include ethnicity, age and sexual orientation. Besides, existing provisions are scarcely applied to cases of hate crimes or hate speech. The anti-discrimination law does not prohibit hate speech or hate crime. The Constitutional Court for the first time found a violation in a hate speech case in 2021.

Non-Discrimination in Turkey
Non-Discrimination in Turkey

Author: Gözde Yılmaz

Publisher: Springer Nature

Published: 2022-08-08

Total Pages: 231

ISBN-13: 3031083997

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The book “Non-discrimination in Turkey” focuses on issue areas within the broader non-discrimination framework in Turkey. It looks domestic change in Turkey regarding non-discrimination across time. The book unpacks the principle of non-discrimination and provides analysis in many issue areas like LGBTI rights, disability rights or age discrimination that rely under the framework of non-discrimination. Adopting a comprehensive approach including many areas within non-discrimination, the book will be useful for the students, scholars and researchers of international relations, political science, Middle East and Turkish studies and those interested in human rights.

World Report 2020
World Report 2020

Author: Human Rights Watch

Publisher: Seven Stories Press

Published: 2020-01-28

Total Pages: 782

ISBN-13: 1644210061

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The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

Country Report
Country Report

Author:

Publisher:

Published: 2016

Total Pages:

ISBN-13: 9789279469824

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Cyprus was granted independence in 1960 with a Constitution that set out a power-sharing system, strictly communally divided between the 'Greeks' and the 'Turks'. The Constitution recognises two 'communities', the Greeks and the Turks and three 'religious groups', the Maronites, the Armenians and the Latins. The 'religious groups' were obliged to opt to belong to one of the 'communities' and opted to belong to the Greek community. The Roma community of Cyprus was not invited to opt but was deemed to belong to the Turkish community, because of its assumed common language (Turkish) and religion (Muslim) with the Turkish Cypriots. In 2009 the Roma community was recognised as a minority under the Framework Convention for the Protection of National Minorities; this has not led however to any change in policy or positive action in their favour; the government continues not to recognise any migrant community as a 'minority' whilst the Welfare Services deem that the Roma community is far too small to deserve separate treatment. The Constitution functioned until 1963, when the Greek-Cypriot President proposed 13 amendments to it, effectively taking away the most basic rights of the Turkish-Cypriots. The Turkish-Cypriots reacted by withdrawing from the Government in protest and inter-ethnic violence ensued between 1963 and 1967. In 1964 the Supreme Court ruled that the functioning of the government must continue on the basis of the 'doctrine of necessity' which mainly provides for the 'suspension' of those constitutional provisions that guaranteed the rights of Turkish-Cypriots to be represented in decision-making. Between 1963 and 1974, a large number of Turkish-Cypriots gradually withdrew into enclaves. In 1974, following the military interventions from Greece and Turkey, division was further embedded. The three 'religious groups' stayed in the south with the Greek-Cypriots and the Roma joined the Turkish-Cypriots who were moved to the north, until early 2000, when many Roma returned to the south and settled in specifically designated Roma settlements, renowned for their squalor, poverty and bad state of repair. The housing segregation inevitably led to the schooling segregation of Roma children, who are obliged to attend schools close to their residence. Despite improvements to the housing situation and measures in education targeting the Roma, they remain the most socially excluded and vulnerable Cypriots.

A Comparative Analysis of Non-discrimination Law in Europe 2021
A Comparative Analysis of Non-discrimination Law in Europe 2021

Author:

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9789276619741

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More than 20 years ago, a major and unprecedented development occurred in the European Union with the adoption in 2000 of two pieces of EU legislation in the field of anti-discrimination: the Racial Equality Directive (2000/43/EC) and the Employment Equality Directive (2000/78/EC). The transposition and implementation of these legal provisions into the national legal systems of the 27 Member States is described in a series of annually updated country reports produced by the European network of legal experts in gender equality and non-discrimination. In addition, the network also includes candidate countries (Albania, Montenegro, North Macedonia, Serbia and Türkiye) and the EEA countries (Iceland, Liechtenstein and Norway), as well as the United Kingdom, which exited the EU on 31 January 2020. The European network of legal experts in gender equality and non-discrimination was created in 2014, through a call for tenders from the European Commission to create a new single network following the work completed by the European network of legal experts in the non-discrimination field (managed by the Migration Policy Group and Human European Consultancy) and the European network of legal experts in the field of gender equality (managed by Utrecht University). The current network is managed by the Human European Consultancy, the Migration Policy Group and Utrecht University. The network reports annually on the national legislation of these countries compared with the anti-discrimination standards set by the EU. The national reports are written by independent national experts in each country covered by the network. The information is provided in response to questions set out in a template format that closely follows the provisions of the two directives, although the countries included in the network do not all have the same compliance obligations. The 36 reports cover national law, the establishment of enforcement mechanisms, case law and the adoption of other measures. They contain information current as of 1 January 2022.1 As such, they are a valuable source of information on national anti-discrimination law and can be found on the network's website at: www.equalitylaw.eu. This comparative analysis, drafted by Isabelle Chopin and Catharina Germaine (Migration Policy Group), compares and analyses the information set out in the country reports relating to 2021 in a format mirroring that of the country reports themselves and draws some conclusions from the information contained in them. The report further presents the general trends in European anti-discrimination policy and points out some of the remaining dilemmas in the application of anti-discrimination legislation. It gives an overview of the main substantive issues in both directives: the grounds of discrimination, the definition of grounds and scope, exceptions to the principle of equal treatment and positive action, access to justice and effective enforcement, and equality bodies.