Compliance and enforcement aspects (horizontal provisions of all directives)

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11 Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1 General (legal) context

11.1.1 Surveys and reports about the particular difficulties related to obtaining legal

redress

There are no relevant surveys and reports.

11.1.2 Other issues related to the pursuit of a discrimination claim

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

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

in judicial proceedings, the difficulties and barriers that victims of sex discrimination

encounter, which may explain the low level of li tigation, 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, traditional gender

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 of trust or faith in the courts/legal system, claimants’ lack of confidence

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

11.1.3 Political and societal debate and pending legislative p roposals

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

11.2 Victimisation

A reporting person may be victimised as a reaction to a complaint or to proceedings aimed

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

forms, such as mobbing (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 retaliatory dismissal (victimisation) related to the filing

of a complaint or participation in proceedings against an employer involving an alleged

violation of laws or regulations, or recourse to competent administrative autho rities (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, 17 and 18), Article 10 of the CSA and the HREIA,

protection is available against retaliation if it takes the form of d iscrimination or

discriminatory dismissal as a reaction to a complaint or to proceedings.

Under the HREIA, victimisation is the adverse reaction to a complaint or to proceedings

aimed at enf orcing compliance with the equality principle and is considered to be a type

of discrimination. Article 4/2 states that if persons who have started or participated in

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

prevention of discrimination, are subjected to prejudicial treatment because of those

proceedings, then such prejudicial treatment is considered to be a type of dis crimination.

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).