Compliance and enforcement aspects (horizontal provisions of all directives)

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11Compliance and enforcement aspects (horizontal provisions ofall

directives)

11.1General (legal) context

11.1.1Surveys and reports about the particular difficulties related toobtaining legal

redress

There are no relevant surveys and reports.

11.1.2Other issues related to the pursuit of a discrimination claim

While access to courts is ensured in Turkey, the level ofgender equality litigation is very

low. In addition to the low levels of compensation that may act asa deterrent to engaging

in judicial proceedings, the difficulties and barriers that victims ofsex discrimination

encounter, which may explain the low level of litigation, relate to lack of awareness and

knowledge about equality law, women’s lack of experience and custom of defending their

own rights, the lack of skilled, experienced advice and assistance, traditionalgender

stereotypes that entail a greater degree of tolerance, the stigma of being a ‘troublemaker’

associated with such cases, the fear of retaliation or victimisation, the length of

proceedings, a lack oftrust orfaith in the courts/legal system, claimants’ lack of confidence

that they will be believed and the difficulty of proving sex discrimination.

11.1.3Political and societal debate and pending legislative proposals

For the time being there are no new rules under discussion.

11.2Victimisation

A reporting person may be victimisedasa reaction to a complaint ortoproceedings aimed

at enforcing compliance with the law.294Victimisation (retaliation) may take different

forms, such asmobbing (moral or psychological harassment), bullying, stalking, dismissal,

etc.295

The Istanbul Convention obliges State Parties to prevent secondary victimisation (Articles

15 and 18).

Employment legislation prohibits retaliatorydismissal (victimisation) related to the filing

of a complaint orparticipation inproceedings against an employer involving analleged

violation of laws or regulations, or recourse to competent administrative authorities (EA,

Articles 17/V and 18, MEA, Article 16/d(1), OA, Article 434, PEA, Article 11/4, and OHSA,

Article 13).Under the EA (Articles 5,17and 18), Article 10of the CSA and the HREIA,

protection is available against retaliation ifit takes the form of discrimination or

discriminatory dismissal as a reaction to a complaint orto proceedings.

Under the HREIA, victimisation is the adverse reaction toa complaint ortoproceedings

aimed at enforcing compliance with the equality principle and is considered tobe a type

ofdiscrimination. Article 4/2 states that if persons who have started orparticipated in

administrative or legal proceedings in respect of the principle of equality, and the

prevention ofdiscrimination, are subjected toprejudicial treatment because ofthose

proceedings, then such prejudicial treatment is considered tobe a type of discrimination.

294 Bakirci, K. (2014), ‘Whistleblowing: A Turkish Perspective’,ISLSSL, XI European Regional Congress, Dublin,

Ireland, 17-19 September.

295 See Bakirci, K., (2019), ‘Work-Related Whistleblowing in Democratic Societies Context: A Comparative

Study of International, EU and Turkish Law’, Journal of Financial Crime, 26(4).