Compliance and enforcement aspects (horizontal provisions of all directives)

Pages104-115
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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).

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