Law on Human Rights and Equality Institution of Turkey is available on our website 03.10.2017

THE LAW ON HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY

Law Number: 6701

Date of enactment:6/4/2016

Published in the Official Gazette dated 20/4/2016 numbered 29690

Published in the Statute Book: Order 5, Volume 57

 

CHAPTER ONE

Purpose, Scope and Definitions

Purpose and scope

Article 1- (1) The purpose of this Law is to protect and improve human rights on the basis of human dignity, ensure the right of individuals to be treated equally, prevent discrimination against the exercise of rights and freedoms which are determined by law and behave accordingly, combat torture and ill-treatment effectively, establish Human Rights and Equality Institution of Turkey to fulfil its duty of preventing discrimination nationally and regulate principles about its organization, duties and authorities.

Definitions

Article 2 (1)- During the implementation of this Law, the following concepts shall mean;

  1. Discrimination: Where persons are discriminated against or in favour of others as a result of an action or inaction for one or more than one reason listed in this Law or,
  2. Discrimination order: The order given by someone to persons who are authorized to take action on his/her behalf or a discrimination order given by a public servant to others,
  3. Chairman: Chairman of the Human Rights and Equality Institution of Turkey,

ç) Multiple Discrimination: Where the discriminatory action is related to more than one ground,

  1. Direct discrimination: Any different treatment which prevents or makes difficult the equal exercise of legal rights and freedoms by a real or legal person when compared with other persons having the same rights, on the grounds of discrimination cited in this Law,
  2. Indirect discrimination: Putting a real or legal person in a disadvantaged situation in the exercise of their legal rights and freedoms where it is not possible to justify the situation objectively, regarding the grounds of discrimination cited in this Law and as a result of actions, processes and applications which do not seem discriminatory,
  3. Disabled: A person affected by behaviours and environmental conditions which restricts their equal, full and effective integration into the society compared with other individuals, due to losses in their physical, mental, spiritual and sensual abilities to a certain extent,
  4. Mobbing at the workplace: Actions which intend to alienate a person from a job, exclude or weary the person on the basis of discrimination cited in this Law,

ğ) Public servant: Person who takes part in performing public services through appointment, election or by participating in public services permanently, periodically or temporarily,

  1. Board: Human Rights and Equality Board of Turkey,

ı) Institution: Human Rights and Equality Institution of Turkey,

  1. Reasonable regulation: Moderate, necessary and convenient changes and measures which are required on certain occasions within the boundaries of financial means in order to enable the disabled to exercise and benefit from rights and freedoms fully and equally as other individuals,
  2. Harassment: Any painful, degrading, humiliating and disgraceful behaviour which intend to tarnish human dignity or lead to such consequence based on one of the grounds cited in this Law including psychological and sexual harassment,
  3. National prevention mechanism: The system which was established within the framework of Optional Protocol to UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to pay regular visits to places where persons are deprived of their freedoms,
  4. Applied work experience: Development of knowledge, ability and work habits, as required by a profession, either simultaneously with the training or while working in the period following the training,
  5. Discrimination based on an assumed ground: Where a real or legal person is discriminated against during the exercise of rights and freedoms, presumably because of having one of the grounds cited in this Law, even though it is not related to one of the discriminatory grounds mentioned in this law.

 

CHAPTER TWO

FIGHTING DISCRIMINATION

Principle of equality and prohibition of discrimination

Article 3- (1) Everyone shall equally benefit from their rights and freedoms which are determined by law.

(2) Within the scope of this Law, discrimination on the basis of gender, race, colour, language, religion, faith, sect, philosophical or political opinion, ethnic origin, wealth, birth, civil status, medical condition, disability or age is prohibited.

(3) In the event of violation of prohibition of discrimination, public bodies and institutions who are tasked and authorized on this matter as well as professional organizations with the nature of state institutions shall take necessary measures to end the violation, eradicate the consequences, prevent any future violation and conduct legal and administrative proceedings thereof.

(4) Real persons and private legal persons which are responsible for the application of prohibition of discrimination shall take adequate measures to identify and eliminate the discrimination and ensure equality on the subjects within their scope of authority.

Types of discrimination

Article 4- (1) There are the following types of discrimination falling under the scope of this Law:

  1. Discriminate in favour of/against,
  2. Order discrimination and fulfil those orders,
  3. Multiple discrimination,

ç)    Direct discrimination,

  1. Indirect discrimination,
  2. Mobbing at the workplace,
  3. Not to make reasonable regulations,
  4. Harassment,

ğ)    Discrimination based on an assumed ground.

(2) If persons who have started or participated in administrative or legal proceedings to have principle of equality being observed or prevent discrimination and their representatives are subject to adverse treatment because of those proceedings, such treatment is also considered a type of discrimination.

Scope of prohibition of discrimination

Article 5- (1) Public institutions and organizations who provide education, training, judicial services, law enforcement, health services, transportation, communication, social security, social services, social aid, sports, accommodation, cultural, touristic or similar services, professional organizations with the nature of public institutions, real or private legal persons shall not discriminate against persons who benefit from, apply for benefiting from or those wishing to be informed of such services. This provision shall encompass the access to public places and buildings.

(2) Persons and institutions who are responsible for the planning, offering and auditing of the services mentioned in the first paragraph shall be liable for taking into consideration the needs of different disabled groups and making reasonable regulations.

(3) Public institutions and organizations, professional organizations with the nature of public institutions, real persons, private legal persons and those authorized by them shall not discriminate during offering movables and immovables to the public against those wishing to purchase, rent such assets and those wishing to be informed about them; during renting process, determining conditions in the lease agreement, renewal, termination, sale or transfer of the lease agreement.

(4) No one shall be discriminated against while being selected as member of associations, foundations, labour unions, political parties and professional organizations; while being chosen for their bodies or benefiting from their membership opportunities, terminating membership or participating to their activities, without prejudice to exceptions specified in their legislation and regulations.

Employment and self-employment

Article 6- (1) An employer or a person authorized by the employer shall not discriminate against an employee or applicant for a job, a person gaining applied work experience or an applicant for that kind of work and anyone wishing to receive information about the workplace or the work in order to be an employee or gain applied work experience, while being informed of the work, during the application process, selection criteria, work and termination of work and in terms of conditions for recruitment.

(2) The first paragraph shall encompass job announcements, workplaces, working conditions, vocational counselling, access to vocational training, all types and degrees of retraining, promotion  and professional hierarchy, in-service training, social interests and similar subjects.

(3) The employer or a person authorized by the employer shall not reject job applications due to pregnancy, motherhood and childcare.

(4) There shall not be any discrimination regarding the acceptance to self-employment, license, registration, discipline and similar subjects.

(5) Any work contract and performance contracts which do not fall under the scope of Labor Law dated 22/5/2003 and No. 4857 shall be within the scope of this Article.

(6) Employment in the public institutions and organization shall be based on the provisions of this Article.

Cases where the allegation of discrimination cannot be put forward

Article 7 (1)- The cases and exceptions where the allegation of discrimination cannot be asserted within the scope of this Law are as follows:

  1. Different treatment which is in line with the purpose and proportionate in the case of professional exigencies, during employment and self-employment.
  2. Cases where only persons from a single gender should be employed.
  3. Different treatment during recruitment and employment when determining and implementing age limits due to exigencies of the work offered, provided that it is in line with the necessities and purpose of the work,

ç)    Special measures and protection measures for children or persons who must be kept in a particular place.

  1. Cases where in a religious institution persons only belonging to that religion are employed to give religious service or education and training.
  2. Cases where associations, foundation, labour unions, political parties and professional organizations stipulate particular conditions and characteristics for recruitment of members which shall be based on purposes, principles and values in the legislation or regulations of such places.
  3. Necessary, proportionate and different treatment which is in line with the aim to remove the inequalities.
  4. Different treatment of those who are not Turkish nationals arising from their different conditions and legal status during entry into the country and residence.

 

CHAPTER THREE

Establishment, Organizational structure and Duties

Human Rights and Equality Institution of Turkey

Article 8- (1) Human Rights and Equality Institution of Turkey under the Prime Ministry was founded to discharge the duties and use the authority vested by this Law and the legislation, which is a legal entity and has administrative, financial autonomy and a private budget.

(2) The institution is comprised of the Board and Chairmanship.

Duties of the Institution

Article 9 - (1) The Institution has the following duties:

  1. Conduct work to protect, improve human rights, prevent discrimination and violations.
  2. Try to raise awareness among public concerning human rights and struggle against discrimination through educational and informative activities by using mass media.
  3. Contribute to the preparation of chapters on human rights and violation of discrimination in the curriculum of national education.

ç)    Conduct joint activities with universities with a view to protecting human rights, eliminating discrimination and establishing a sense of equality in the society, contribute to the establishment of human rights and equality departments in universities and the preparation of the curriculum of universities during the planning of human rights and equality education, by coordinating with the Board of Higher Education.

  1. Support the establishment of principles of the pre-professional and vocational programs of human rights and equality education in public institutions and organizations and the application of these programs.
  2. Monitor legislative proceedings concerning its scope of duty, evaluate them, share opinions and recommendations in this regard.
  3. Examine human rights violations ex officio, do research, decide on them and monitor their consequences.
  4. Examine violations of discrimination ex officio or upon application, do research and decide on them and monitor their consequences.

ğ)    Guide the persons who resort to the Institution due to alleged victimization caused by violating the prohibition of discrimination, during administrative and legal proceedings to end their victimization and assist them in pursuing the results of their applications.

  1. Fight torture and ill-treatment and conduct activities on that matter.

ı)     Serve as national mechanism of prevention within the framework of provisions in Optional Protocol to UN Convention against Torture, Other Cruel, Inhuman or Degrading Treatment or Punishment.

  1.  Screen applications of persons who are deprived of freedom or put under protection within the scope of national prevention mechanism, conclude and do research on them and pursue their results.
  2. Make announced or unannounced regular visits to places where persons deprived of freedom or under protection reside, issue reports regarding such visits and submit them to relevant institutions and organizations, submit the reports to the public's information if deemed necessary by the Board, examine and assess the reports regarding the visits of penal institutions' and detention facilities' monitoring boards, human rights boards in provinces and districts and other persons, institutions and organizations to such places.
  3. Prepare annul reports on the subjects of protection and improvement of human rights, fight against torture, ill-treatment and discrimination which are to be submitted to Office of the Republic of Turkey, Office of the Speaker of the Grand National Assembly of Turkey and Prime Ministry.
  4. Inform the public, and if deemed necessary publish special reports concerning the area of duty, aside from the regular annual reports,
  5. Monitor and assess the international developments concerning the human rights and fight against discrimination, cooperate with other international institutions within its area of work and in line with the respected legislation.
  6. Work in solidarity with public institutions and organization, NGOs, professional organizations and universities which conduct work to protect human rights and fight discrimination.
  7. Support other institutions in their activities which are aimed to prevent discrimination.

ö)    Monitor the implementations of international human rights conventions to which Turkey is a party, share opinions concerning the preparation of reports which the State is to submit to the monitoring, watching and auditing mechanisms established by those conventions, through the help of relevant NGOs, send a representative to international meetings where these reports will be presented.

  1. Discharge other duties vested by the laws.

(2) Public institutions and organizations and the officers shall be obliged to help and facilitate the visits falling under the scope of subparagraph (j) of the first paragraph.

(3) The Institution shall inform at least once in a year the Human Rights Monitoring Commission under the Grand National Assembly of Turkey and Commission of Equal Opportunity Between Women and Men.

The Board

Article 10- (1) The Board is the decision making body of the Institution. The Board shall fulfil the duties and use its authority which are vested in it by this Law and other legislation, independently and under its responsibility. No authority, organ or person may give orders, instructions or advice to the Board which fall under its area of duty.

(2) The Board shall be comprised of eleven members including a Chairman and a Vice Chairman. Eight members of the Board shall be selected by Council of Ministers, three members by the President of the Republic. The Council of Ministers shall select one member among two candidates proposed by the Council of Higher Education among academicians working about human rights, the remaining seven members shall be selected among NGOs, labour unions, social and professional organizations, academicians, lawyers, members of visual and written media who work on human rights and among candidates which will be recommended by the experts in that field or those who applied for membership, provided that they meet the conditions stipulated under the paragraph 4.

(3) In accordance with the second paragraph, prior to the expiry of term offices of members who are chosen by the Council of Ministers, this shall be notified to the public two months before through means of communication. Applications and recommendations for candidates shall be lodged and presented to the Prime Ministry. In accordance with the second paragraph, newly selected members shall commence their duty as of the end of the term of office of the former member.

(4) In order to be a member of the Board, a person shall

  1. have a broad knowledge and experience on the subjects within the area of work of the Institution.
  2. possess the characteristics stated under subclauses (1), (4), (5), (6) and (7) of the subparagraph (A) of the first paragraph of Article 48 of Public Servants Law dated 14/7/1965 and No. 657.
  3. not work or serve in the management or auditing boards of political parties.

ç)  have received at least four years of undergraduate education.

  1. have worked at least ten years in total, in public institutions and organizations, international organizations, NGOs or professional organizations with the nature of public  organization or in the private sector.

(5) Particular attention shall be paid to the selection of members on the basis of pluralism and among the persons having knowledge and experience in the area of work of the Institution.

(6) The members shall have a term of four years. The members who have served for two terms consecutively can be selected only if a term passes. In the event that a membership falls vacant before the end of term of office, a new member shall be elected in a month according to the same procedure. The new member shall complete the remaining term of the former member instead of whom he/she is selected. In case a new member has served for two years or less than two years, this term shall not be counted as the member's term of office.

(7) The Chairman and Vice Chairman shall be elected among the Board members by the Board itself.

(8) The terms of Chairman, Vice Chairman and members shall not cease for any reason before the end of their term. However in case:

  1. They do not fulfil the necessary conditions or have failed to fulfil the conditions afterwards,
  2. They have not signed the Board decisions in due time,
  3. They have not attended five Board meetings in total in a calendar year and without any excuse which is acceptable by the Board,

ç)  A report is documented by a medical board stating that they do not have the capacity to work due to a severe illness or disability,

  1. An imprisonment sentence is finalized due to a work related crime they may have committed,
  2. The period when they will be temporarily incapable of working has passed three months,
  3. They are convicted of offences which are stated under subclause (5) of the subparagraph (A) of the first paragraph of Article 48 of the Law No. 657 and the execution of the sentence has started and as soon as such situations are detected by the Board, membership shall be terminated by the approval of the Prime Minister or a Minister who will be authorized by the Prime Minister.

(9)  The members shall sever ties with their former work during their duty in the Board. Unless based on a special law, the members shall not be tasked with any official or private duty other than that of the Board, they shall not work as a director or inspector at associations, foundations, cooperatives or similar places neither engage in trade or in self-employment, nor work as an arbitrator or an expert on any matter. However, the members may write scientific articles, give courses or hold conferences, receive royalty payment or payment for courses and conferences, provided that these activities do not prejudice their actual duty.

(10) When their tenure has ended or they have asked to leave their position and they sent an application to their former intuitions within thirty days these persons who are selected as members during their public service shall be appointed to a position complying with their acquired rights by the competent authority within a month, unless they fail to meet the conditions for public service. Until the appointment has been realized, all of their payments shall be made by the Institution. The time spent and personal and other rights acquired by these persons at the institutions shall be deemed spent and acquired in the previous institution. In case persons who have not worked in public service, are selected as members and whose duties expire as mentioned above, the Institution shall continue to make every payment until they are tasked with another duty or recruited somewhere else and the Institution shall not pay the former members for more than three months.

(11)  The Chairman and members shall be subject to the Law on Declaration of Assets, Fight Against Bribery and Corruption dated 19/4/1990 and No. 3628.

(12)The selected members shall make their vows as follows:

 "I swear upon my honour to fulfil my duty by completely respecting impartiality, honesty, equity and justice."

(13) In accordance with the Law on Trial of Public Servants and Other Public Officers dated 2/12/1999 and No. 4483, investigating the Chairman and members shall hinge on the approval of the Prime Minister or a minister he will authorize. Appeals to decisions of approval or non-approval shall be concluded by the Council of State.

(14) Chairman, members and personnel cannot impart the confidential information related to the state, relevant persons and third parties, personal data, confidential information related to the Institution, trade secrets and similar documents which they obtain during their term of office, to any authority except for legally authorized authorities, cannot use such information and data neither in the interests of themselves nor the third parties. This obligation shall continue also after their term of office expires.

Duties and Authorities of the Board

Article 11- (1) The duties and authorities of the Board are as follows:

  1. Take decisions to make regulations on the Institution and the area of work of the Institution.
  2. Conclude the applications regarding violations of prohibition of discrimination as well as reviews which were made ex officio regarding the violations of human rights or prohibition of discrimination, finalize the reconciliation process regarding such applications and reviews when necessary, impose administrative sanctions under this Law for the violations of prohibition of discrimination.
  3. Monitor and assess the problems during implementing the judicial decisions for violations of human rights and prohibition of discrimination.

 ç)  Conclude the applications within the scope of national prevention mechanism of those deprived of liberty or under protection and conclude the reviews conducted ex officio.

  1.  Present opinions on demand to judicial organs, public institutions and relevant persons with respect to area of work.
  2. Decide to be member of international institutions working in the same field and cooperate with them.
  3. Conclude the reviews and research conducted within the scope of protecting human rights, fighting discrimination and national prevention mechanism as well as reports and similar work.
  4. Establish the strategic plan of the Institution, determine its purposes, goals, quality standards of service and performance criteria.

 ğ)  Discuss and conclude the budget recommendation made in line with the Institution's strategic plan, purposes and goals.

  1. Finalize the activity reports of the Institution.

 ı)   Discuss the proposals on purchase, sale, rent of immovables and conclude them.

  1. Discharge other duties given by the laws.

Working principles of the Board

Article 12- (1)The Board shall assemble upon the request of the Chairman. The Chairman shall preside over the meetings. In the event that at least five members other than the Chairman request a meeting, the Board shall immediately be called for a meeting in five days by the Chairman.

(2) The agenda for the meeting shall be prepared by the Chairman and announced to the Board members at least three days before the meeting. In order to add a new article to the agenda, one of the members should make a proposal and the Board should ratify the proposal.

(3) The Board shall assemble with at least seven members and take decisions by the votes of at least six members in the same direction. Votes of abstention cannot be casted when taking decisions.

(4) The Board may form commissions of three members each who are chosen among its members for every area of work.

(5) The Board may establish chambers of five members each, aside from the Chairman in order to discuss and conclude the applications. The Chairman is the ex officio member of the chambers.

(6) The Board decisions shall be determined in the minutes and the minutes shall be signed and concluded by every member who attended the meeting, either during the meeting or at the latest within five working days following the meeting. Reasons or if any, reasons for dissenting votes shall be written within at most fifteen working days following the meeting. The Board may extend this period, when necessary.

(7) The Chairman and members cannot attend meetings or voting regarding the subjects about themselves, former spouses even though they are not still married, foster children, blood relatives up to and including third degree and in-laws up to and including second degree or about their personal interests. This situation shall be included in the minutes.

(8) Negotiations are held in closed sessions during Board meetings unless decided otherwise.

(9) When necessary, the relevant persons may be invited to the Board meeting to obtain their views. However, Board decisions cannot be taken in the company of external participants.

(10) The Board decisions shall be communicated to the relevant persons in at most five working days from the meeting's conclusion. The legal remedies which relevant persons may resort to against such decisions shall be announced in the Board decisions along with their time limits.

(11) When deemed necessary, the Board may announce the decisions publicly through appropriate means provided that the principle of privacy of personal data is observed.

(12) Professional principles and ethics which the Board members and Institution personnel will obey, establishment and working principles of the commissions and chambers stated in this Article, and the working procedures, principles and other subjects of the Board are determined through the regulations.

Article 13- (1) The Chairman is the principal chief in the Institution. S/he determines and manages the services of the Institution in accordance with the legislation, purposes, politics, strategic plan, performance criteria and quality standards of the Institution and enable the coordination between service departments. The Chairman is in charge of the general management and representation of the Institution.

(2) Duties and authorities of the Chairman are as follows:

  1. Determine the agenda, date and hour of the Board meetings and preside over them.
  2. Enable the notification of the Board decisions and public announcement of the decisions which are considered necessary by the Board.
  3. Assign duty to coordinators of service unit and appoint other Institution personnel.

ç)   Make the final decisions concerning proposals of service units and present them to the Board.

  1. Prepare the strategic plan, performance criteria of the Institution, determine purposes and goals, standards for service quality, human resources and labour policy.
  2. Plan the annual budget and financial statements of the Institution according to the determined strategies, annual purposes and goals.
  3. Draft the annual activity reports, assess them according to annual purposes and goals, performance criteria and present them to the Board.
  4. Enable coordination in order for the Board and service units to work in harmony, effectively and in a disciplined and organized manner.

ğ)   Fulfil other duties related to management and functioning of the Institution.

(3) In the absence of the Chairman, Vice Chairman shall substitute for the Chairman.

Office of the Chairman

Article 14- (1) The Office of the Chairman shall consist of Vice Presidents, service units and working groups. There cannot be more than ten service units. The duty of the Office is to implement Board decisions and assist the Chairman and Board in other subjects.

(2) Chairman of the Board is also the Chairman of the Institution.

(3) Service units shall function in cooperation with the coordinators who are designated by the Chairman.

(4) The Institution may form ad hoc commissions which will work for six months and aim to work on subjects in its field with the participation of public organizations and  institutions, NGOs and experts. The Chairman may extend this period up to three months. When necessary, the Board may extend the six-month period to twice as much. The expenses of commission meetings shall be covered by the Institution budget provided that this happens only twice a month.

(5) When deemed necessary, offices may be established under the Institution upon the proposal of the Institution and by the decision of Council of Ministers.

(6) Working methods and principles of service units and offices shall be determined by the regulation which is put into practice by the Council of Minister's decision upon the proposal of the Institution and in compliance with the area of activities, duties and authorities under this Article.

 

CHAPTER FOUR

Legal Regime for the Personnel

Provisions regarding the personnel and personal rights

Article 15- (1) Public personnel is subject to Law No. 657 regarding matters which do not fall into the scope of this Law. Those assigned as coordinator at service units shall have to fulfil the conditions which are set in order to be appointed to the cadres of department head under the Ministry. In the event that the annual net amount paid to coordinators arising from their financial rights according to their cadres are less than the annual net payment envisaged for the department heads under the Ministry, the difference shall be paid to the coordinators without any tax payment or deduction.

(2) The Chairman of the Board shall be paid based on the benchmark in the number 3 of the table (II) annexed to the Decree Law No. 375 dated 27/6/1989 and the members of the Board shall be paid based on the benchmark in the number 4 of the mentioned table, within the framework of the procedure and principles under Article 10 annexed to that Decree Law. Those who have not been subject to tax or other legal deductions in their payments shall also not be subject to tax or other legal deductions made pursuant to this paragraph. The Chairman and members shall enjoy the social rights and aids that public servants benefit from in accordance with the procedures and principles under Law No. 657 and other relevant legislation.

(3) Chairman, members and institution personnel shall be subject to provisions under subparagraph (c) of the first paragraph of Article 4 of the Social Security and General Health Insurance Law dated 31/5/2006 No. 5510. Chairman, members and Vice Chairmen shall be equivalent to respectively President of the State Personnel, Director Generals of and Deputy Director Generals of the Office of the Prime Ministry in regard to their pension rights. Those who are under the scope of Provisional Article 4 of the Law No. 5510 during fulfilling their duties, the time they have spent in office shall be considered as the period for which they will be paid executive compensation and compensation for representation. In the event that persons among those chosen as members while insured under the subparagraph (c) of the first paragraph of Article 4 of Law No. 5510 complete their term of office or ask to leave their position, their terms of office shall be taken into account in the assessment of their acquired rights, salaries, degrees and positions. In the event that persons who are chosen as members while insured in public institutions under subparagraph (a) of the first paragraph of Article 4 of the Law No. 5510 sever ties with the previous institutions, this does not result in making the seniority or severance pay. The terms of office of those for which a seniority or severance pay should be paid shall be combined with the terms spent in membership and they are taken into account for the payment of retirement bonus.

(4) Three Vice Chairmen shall be appointed by the Board to help the Chairman in his tasks and in accordance with the areas of work of the institution. Those who will be appointed as Vice Chairman shall:

  1. have received at least four years of higher education at graduate level,
  2. have at least ten years of professional experience in the public service,
  3. have the characteristics stated under the subclauses (1), (4), (5), (6) and (7) of the subparagraph (A) of the first paragraph of Article 48 of the Law No. 657.

The Vice Chairmen shall have a term of four years. Vice Chairmen whose terms have expired can be reappointed.

(5) The Chairman may delegate some of the tasks and authorities which are not linked to the Board to Vice Chairmen or coordinators of the service units, provided that the limits of them are specified in written and explicitly. The transfer of authority shall be announced to the relevant persons through appropriate means.

(6) Contracted personnel may be employed in the Institution notwithstanding the provisions of the Law No. 657 and other legislation. The person which will be employed under contract shall be deemed insured within the scope of subparagraph (a) of the first paragraph of Article 4 of the Law No. 5510. The procedures and principles concerning the appointment of such personnel shall be determined by the Institution. The net amount to be paid to them shall be established by the Chairman provided that it is not more than the average monthly net amount paid to the first degree Human Rights and Equality Expert. The number of the contracted personnel stated under this paragraph cannot be more than fifteen percent of the total cadre of Human Rights and Equality Experts and Assistant Experts. The contracted personnel to be employed under this paragraph should be graduated from the departments of universities with at least four yours of graduate education either in the country or abroad which are determined by the Institution, at least half of the contracted personnel shall acquire at least point (C) in the Foreign Language Exam for the languages determined by the Institution or acquire a proficiency certificate which is equivalent to that exam and internationally recognized. Persons who graduated from universities with four years of graduate education in the countries where languages chosen by the Institution are spoken, shall not be required to provide language document. The condition of foreign language knowledge stated under this paragraph shall not be stipulated for foreign nationals.

(7) The public personnel who work in central state administrations, social security organizations, local administrations, administrations under local administration bodies, administration units of location, organizations with revolving funds, funds established by laws, organizations of public corporate entity, organizations more than half of its capital belong to the state, public economic enterprises and public economic organizations and partnerships and organizations that align with them and other public servants may be employed temporarily in the Institution through their institutions' consent; judges and prosecutors may be employed temporarily through their own consent, provided that their salaries, allowances, any pay raise, compensation, other financial, social rights and aids are paid by their institutions. The Institution's demands in this regard shall be met with priority by the relevant organization and institution. The personnel employed through this process shall be on paid leave from their institutions. The public service and personal rights of these personnel shall continue while on leave, these periods shall be taken into account during promotion and retirement and their promotion is realized in due time without further procedure. The terms of office of persons employed under this Article including the judges and prosecutors shall be deemed spent in their own institutions. Their terms of office cannot be more than two years. However, terms may be extended as one year terms, when necessary.

Human Rights and Equality Experts and Assistant Experts

Article 16- (1) In the Institution, Human Rights and Equality Expert and Assistant Experts may be employed.

 

CHAPTER FIVE

Applications and Procedures of Review

Article 17- (1) Every real and legal entity can lodge application to the Institution on the allegation that the violation of prohibition of discrimination caused damage to them. Applications may be sent through governor's offices in provinces and district governor's offices in districts. Under no circumstances can the effective exercise of the right of application be prevented. Applicants are not charged for application.

(2) The relevant persons shall demand the other party to correct the action which is allegedly against the law before submitting the application to the Institution. In the event that their demand has been rejected or they have not received any response in thirty days, they can apply to the Institution. However, the Institution may accept the applications without this condition in case irreparable damages may be incurred resulting from the stated action.

(3) Applications lodged to the Institution during the term of litigation shall suspend the ongoing term of litigation.

(4) Actions related to the exercise of legislative and judicial powers, decisions of the High Council of Judges and Prosecutors and actions which are not subject to judicial review by the ruling of the Constitution cannot be subjects of application.

(5) Applications concerning the allegations which are under the scope of Article 5 of the Law No. 4857 may be lodged if no sanction is imposed after reviewing the procedures of complaint stated under Law No. 4857 and the relevant legislation.

(6) In the event that the victim of violation can be identified during the examinations conducted ex officio on the violations of human rights and prohibition of discrimination, the consent of his own or a legal representative should be taken. However, in case the high interests of a child are at stake, the consent of a legal representative is not demanded.

(7) While applying to the Institution, the identities of those under guardianship or protection, children and upon request, the victim or victims shall not be disclosed.

(8) These provisions shall also apply to the applications made under the scope of subparagraph (i) of the first paragraph of Article 9.

(9) Applications which will not be handled, reasoned decisions of inadmissibility and other procedures and principles regarding the applications shall be determined by the regulation.

Reviews of violations

Article 18- (1) The Institution shall conclude the applications and examinations that it conducted ex officio, within at most three months from the date of application and decision of examination. This period may be extended for three months at the latest by the Chairman and for once.

(2) The Institution shall demand the party which allegedly committed violation to submit its written opinion. The written opinion shall be submitted to the Institution within fifteen days following the submission. The written opinion shall be submitted to the applicant, the applicant shall be demanded to send its opinion within fifteen days at most following the submission. Upon request, the Chairman may extend these periods for fifteen days and for once. The parties may be accorded the right to express themselves orally and separately from each other before the Board.

(3) After the submission of opinions, the Chairman may invite the parties to reconcile with each other ex officio or upon demand, according to the procedure of review. The reconciliation may be through terminating the action which allegedly violated the human rights and prohibition of discrimination or taking measures which will lead to the end of the action or paying the victim a certain amount of compensation. The reconciliation shall be concluded within one month at the latest. The findings, opinions, explanations obtained through the reconciliation procedure cannot be used as evidence during investigation, prosecution or court case.

(4) If the applications and reviews cannot be concluded through reconciliation, the minutes regarding the relevant report shall be submitted to the Board within twenty days. Afterwards, the Board shall decide whether there is violation of human rights or prohibition of discrimination.

(5) In the event that the Board detects the violations of human rights or prohibition of discrimination which constitute crime, it shall file a criminal complaint.

The authority to review

Article 19- (1) The authority to review, do research, visit or prepare reports as well as other duties which are vested in the Institution by this Law or other legislation shall be discharged by the human rights and equality experts, assistant experts, other Institution staff authorized by the Chairman.

(2) When authorized by the Chairman, the persons listed in the first paragraph are entitled to ask for relevant information and documents from all public organizations and institutions as well as other real and legal entities, examine and copy them, request written and oral explanation from the relevant persons, visit places where persons who are deprived of liberty or under protection live, do research and write minutes there and speak to the person or persons who are allegedly subject to ill treatment. The public institutions and organizations as well as real and legal entities shall have to facilitate the visits of the Institution and meet their requests without delay.

(3) Representatives of relevant organizations and institutions and other persons may assemble and form a delegation under the chairmanship of the Institution staff to be determined by the Chairman, in order to conduct research and studies on site regarding the subjects within the scope of duty and authority of the Institution. The public organizations and institutions shall determine their representatives while the Chairman shall determine the other persons which will work in the delegation. The results of research and reviews conducted by the delegations shall be combined by the Institution in a report. The expenses of the delegation shall be covered by the budget of the Institution.

(4) The information and documents which the Institution demanded regarding its subject of research and review providing its reasons, shall have to be delivered within thirty days from the date of this demand.

Authorizing court experts and hearing witnesses

Article 20 - (1) Court experts may be assigned by the Chairman or the Board to handle the matters which are under research in the Board and require high level technical and financial expertise, provided that the expenses are covered by the Institution's budget. The characteristics and working principles of court experts shall be laid down by the regulation.

(2) Without prejudice to the provisions of Travel Expense Law No. 6245 dated 10/2/1954, every court expert who holds public duty shall be paid not more than an amount calculated by multiplying the benchmark (1.000) by the coefficient of monthly salary for every subject of review and research and every court expert who does not hold public duty shall be paid an amount calculated by multiplying the benchmark (2.000) by the coefficient of monthly salary, provided that they are employed from outside the Institution and the maximum number of experts are not more than five in a month. These payments shall be exempt from any tax or deduction except for stamp duty.

(3) When necessary, the Board and the Institution personnel authorized to conduct reviews and research may hear witnesses or relevant persons about the subject of review and research.

Burden of proof

Article 21- (1) In case the person who applied to the Institution alleging the violation of prohibition of discrimination presented concrete indications and facts, the opposite side shall have to present compelling evidence suggesting that they did not violate the prohibition of discrimination and the principle of equal treatment.

Consultative commission and consultative meetings

Article 22- (1) Consultative commission may be established by the public organizations and institutions, NGOs, labour unions, social and professional organizations, higher education institutions, media outlets, researchers and other relevant persons, organizations and institutions to discuss problems and possible solutions on prohibition of discrimination and exchange information and views in this regard.

(2) The Board may conduct consultative meetings with public organizations and institutions, NGOs, labour unions, social and professional institutions, higher education institutions, media outlets, researcher and other relevant persons, organizations and institution in provinces or in central parts of provinces to discuss human rights problems, exchange information and views in regard to human rights.

(3) Procedures and principles regarding the application of this Article shall be determined by the regulation.

 

CHAPTER SIX

Miscellaneous and Final Provisions

The Institution's income

Article 23- (1) Institution's income shall consist of:

  1. Treasury grants as part of the general budget.
  2. Income from movables and immovables which belong to the Institution.
  3. Income from valuation of its incomes.

ç)   Other incomes.

Article 24- (1) The Board shall decide with Turkey Statistics Institute and other relevant organizations and institutions the fields on which official statistics need to be gathered to fight discrimination. Turkey Statistics Institute within the scope of the Official Statistics Program shall be charged with gathering the statistical information required to reveal all indications of discrimination under a system where they are constantly and easily accessible.

Administrative sanctions

Article 25- (1) In the event of violation of prohibition of discrimination, by taking into account the gravity of effects and consequences of the violation, the perpetrator's economic situation and aggravating nature of pluralist discrimination, public organizations and institutions, public professional institutions, real and legal entities who are responsible for the violation shall be imposed an administrative fine from a thousand to fifteen Turkish liras.

(2) In the event that the administrative fine under the first paragraph is incurred on public organizations and institutions and public professional institutions, the paid administrative fine shall be demanded from the public servants who caused the discriminatory action and serve in public organizations and institutions along with other public personnel and personnel working in the public professional institutions.

(3) In case the persons and institutions which fall into the scope of first paragraph do not comply with the stated obligations in due time without any justifiable reason and despite the warnings shall be imposed administrative fine from five hundred to two thousand Turkish liras. Provisions of the second paragraph shall also apply to administrative fines regulated under this paragraph.

(4) The Board may convert the imposed administrative fine to a warning for once only. In case that person or institution repeats the same discriminatory act for which they were given a warning, the next penalty to be imposed shall be increased by half. This increase cannot exceed the maximum limit of the penalty.

(5) The administrative fines imposed pursuant to this Law shall be paid in a month following the notification.

(6) Provisions of Misdemeanour Law No. 5326 dated 30/3/2005 related to administrative sanctions shall apply to cases which are not regulated by this Law.

Instructors on Human Rights and Fight Against Discrimination

Article 26- (1) Institution staff or instructors on human rights and fight against discrimination shall give training on human rights and fight against discrimination. The characteristics, working procedures and principles of the instructors and their salary shall be determined by the regulation and in accordance with the approval of the Ministry of Finance.

Article 27- (1) Regulations regarding the application of this Law shall be put into effect by the Institution.

Annulled and amended provisions

Article 28- (1) The Law on Human Rights Institution of Turkey No. 6332 dated 21/6/2012 was annulled. The subjects which were referred to annulled Human Rights Institution of Turkey under the previous Law shall be referred to the Human Rights and Equality Institution of Turkey.

(2) (This provision is related to State Personnel Law No. 657 dated 14/7/1965 and was added to that Law.)

(3) (This provision is related to Law on Public Finance Management and Control No. 5018 dated 10/12/2003 and was added to that Law.)

(4) The cadres in Human Rights Institution of Turkey were annulled, removed from the relevant tables of the Decree Law on General Cadre and Its Procedures No. 190 dated 13/12/1983, cadres in the annexed list[1] were formed and added as Human Rights and Equality Institution of Turkey to the table (I) of the annex of the mentioned Decree Law.

(5) (This provision is related to the Decree Law No. 375 dated 27/6/1989 and was added to that Law.)

Transfer of the rights, authorities and personnel

PROVISIONAL ARTICLE 1- (1) The members will be chosen during the first election held by the Council of Ministers and applications and submission of candidates thereof shall be made to the Office of the Prime Minister. The Office of the Prime Minister shall make announcements concerning the applications and submission of candidates.

(2) Until Human Rights and Equality Institution of Turkey which was established by this Law is organized, the duties and services of the Institution shall be carried out by the personnel of annulled Human Rights Institution of Turkey.

(3) On the date of promulgation of this Article, any movable, vehicle, equipment, material, cash and similar assets, debt and receivable, any written or electronic recording, document and every personnel of the annulled Human Rights Institution of Turkey shall be delegated to Human Rights and Equality Institution of Turkey ex officio and without any other action.

(4) The conventions signed by the annulled Human Rights Institution of Turkey shall continue to be valid for Human Rights and Equality Institution of Turkey. The legal actions and execution proceedings for debt which are launched in favor of or against the annulled Human Rights Institution of Turkey shall be valid for Human Rights and Equality Institution of Turkey ex officio.

(5) The membership of members of the annulled Human Rights Institution of Turkey shall be terminated on the date of promulgation of this Article. The Chairman and Vice Chairman of the annulled Human Rights Institution of Turkey shall become the Chairman and Vice Chairman of Human Rights and Equality Institution of Turkey until the Chairman of Human Rights and Equality Institution of Turkey who was elected according to this Law takes office. When the Chairman of Human Rights and Equality Institution of Turkey who was elected in accordance with this Law takes office, the former Chairman and Vice Chairman shall be deemed appointed to cadres of Directorial Counsellor of the Institution established by the annexed list (2) without any other action in order to serve for their remaining term of office pursuant to the previous legislation and fulfil the consultative duties determined by the Chairman. When the cadres of Directorial Counsell            or of the Institution established by this paragraph fall vacant for any reason or the appointed Chairman and Vice Chairman complete their remaining term of office according to their legislation, those cadres shall be deemed cancelled without any other action. Except for the payment due to the condition to work de facto, other payments regarding financial and social rights which are made in accordance with the legislation which was in force before the entry into force of this Article, shall continue until the end of their term. At the end of their term and upon their request, they may be appointed to a suitable cadre within a month at the latest in accordance with their educational background, service year and acquired salary rights.

(6) Those who have been serving as Human Rights Expert and Assistant Experts on the date of entry into force of this Article, shall be deemed appointed to cadres of Human Rights and Equality Expert and Assistant Expert holding the same cadre degree and without any other procedure and the rights of those who still benefit from provisional Article 12 of the Decree Law No. 375 shall continue as long as they serve in the mentioned cadres. The time Human Rights Experts have spent in their duty shall be deemed spent when they become Human Rights and Equality Experts and the time Human Rights Assistant Experts have spent in their duty shall be deemed spent when they become Human Rights and Equality Assistant Experts.

(7) The public servants who are registered in the cadres of the annulled Human Rights Institution of Turkey and not mentioned in the paragraphs above shall be deemed appointed to cadres under the Human Rights and Equality Institution with the same position and degree and without any other procedure. 

(8) In the event that, by the date of their appointment or deemed appointment to the new cadres in accordance with this Article they received a total net amount (this is considered a fixed value) including contract fee, salary, additional indicators, bonus (monthly net amount), every raise and compensation, executive compensation, compensation for representation, duty compensation, additional payment and other similar payment for their former cadres in the last month; which is more than the total net amount (except for the overtime pay for actual service in accordance with the relevant legislation) which will be paid to them in the new cadres including contract fee, salary, additional indicators, bonus (monthly net amount), every raise and compensation, executive compensation, compensation for representation, duty compensation, additional payment and other similar payments,  the difference shall be paid separately as compensation without any tax or deduction until the difference is closed. In case there are optional changes in the cadre positions of appointed or deemed appointed personnel and some personnel are appointed to other institutions upon request the difference shall cease to be paid.

(9)  Services fulfilled in the annulled Human Rights Institution of Turkey until the entry into force of this Article, shall be deemed fulfilled in Human Rights and Equality Institution of Turkey.

(10) The expenses in 2016 financial year of the Human Rights and Equality Institution of Turkey shall be covered by the funds from 2016 budget of annulled Human Rights Institution of Turkey, until a new regulation is made by the Ministry of Finance pursuant to the 2016 Budget Law of Centralized Management.

(11) Until a new regulation is made by the Office of the Prime Minister, human rights boards in provinces and districts shall continue to function.

(12) Persons who completed at least four years of higher education, entered the profession through a special screening exam, received in-service training and appointed to central cadres of human rights institutions following a special qualification test, by the consent of their institutions; judges and prosecutors by their own consent; public servants and instructors who have a PhD in the fields of Institution by their application may be appointed as Human Rights and Equality Expert, upon demand and within one year from the entry into force of this Law, in accordance with the procedures and principles to be determined by the Board designated by this Law. The number of the persons to be appointed under this paragraph cannot pass ten percent of the cadres of Human Rights and Equality Experts and Assistant Experts in the cadre tables of the Institution.

(13) Regulations for the application of this Law shall enter into force within six months following the first meeting of the Board. Applications regarding the alleged violation of prohibition of discrimination shall be accepted by the date of entry into force of the regulation under the ninth paragraph of Article 17.

Entry into force

Article 29- (1) This Law shall enter into force on the date of promulgation.

Execution

Article 30- (1) The provisions of this Law shall be executed by the Council of Ministers.

 

LIST (1)

INSTITUTION: HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY

ORGANIZATION: CENTER

CADRES

 

CLASS

POSITION

DEGREE

NUMBER

TOTAL

General Administrative Services

Vice Chairman

1

3

3

General Administrative Services

Legal Counsellor

1

2

2

General Administrative Services

Human Rights and Equality Expert

2

10

10

 

 

General Administrative Services

Human Rights and Equality Expert

3

10

10

General

Administrative Services

Human Rights and Equality Expert

4

5

5

General Administrative Services

Human Rights and Equality Expert

5

10

10

General Administrative Services

Human Rights and Equality Expert

6

20

20

General Administrative Services

Human Rights and Equality Expert Assistant

9

40

40

General Administrative Services

Financial Services Specialist

4

1

1

General Administrative Services

Financial Services Assistant Specialist

9

2

2

General Administrative Services

Translator

5

1

1

General Administrative Services

Computer Manager

8

2

2

General Administrative Services

Data Preparation and Control Manager

6

5

5

General Administrative Services

Data Preparation and Control Manager

9

5

5

General Administrative Services

Public Servant

8

3

3

General Administrative Services

Public Servant

9

3

3

General Administrative Services

Secretary

7

3

3

General Administrative Services

Secretary

8

4

4

General Administrative Services

Telephone operator

9

1

1

Advocacy Services

Lawyer

6

3

3

Technical Services

Librarian

7

1

1

Health Services

Psychologist

3

6

6

Health Services

Social Services Expert

5

10

10

 

TOTAL

 

150

150

 

LIST (2)

INSTITUTION: HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY

ORGANIZATION: CENTER

CADRES

 

CLASS

POSITION

DEGREE

NUMBER

TOTAL

General Administrative Services

Directorial Counsellor of the Institution

1

2

2

 


[1] Please refer to the Official Gazette No.29690 dated 20/04/2016 for further detail on the cadres under this Article.

Judiciary of Turkey