General legal framework

• Author: Kadriye Bakirci
• Pages: 11-14

11

2General legal framework

2.1Constitution

2.1.1Constitutional ban on sex discrimination

Article 10, paragraph 1 of the Turkish Constitution bans all types of discrimination including

sex discrimination. According tothis paragraph, all individuals are equal without any

discrimination before the law, irrespective of language, race, colour, sex, political opinion,

philosophical belief, religion and sect, or any such considerations.14

Article 70of the Constitution provides that every citizen of Turkey has the right to enter

public service. No criteria other than the qualifications for the office concerned will be

taken into consideration for recruitment into public service.15

The Constitution also states that state bodies and administrative authorities are obliged to

act incompliance with the principle ofequality before the law in all their proceedings

(Article 10/5). No privilege shall be granted to any individual, family, group or class (Article

10/4).

Since the international agreements that have been duly put into effect have the force of

law (Constitution, Article 90/5) the framework of legislation prohibiting sex discrimination

consistsof provisions in the Constitution, as well as provisions included in ratified

international instruments.

Theinternational instruments inthis field that are binding on Turkey include: CEDAW,

Optional Protocol of CEDAW, UN Conventionon the Protection of the Rights of All Migrant

Workers and Members of Their Families, UNConvention onthe Rights of Persons with

Disabilities, ILO conventions on Unemployment (No. 2), Minimum Wage-Fixing Machinery

(No. 26), Forced Labour Convention (No. 29),Fee-Charging Employment Agencies (No.

34), Underground Work (Women) (No. 45), Labour Inspection (No. 81), Freedom of

Association and Protection of the Right to Organise (No. 87), Employment Service

Convention (No. 88), Protection of Wages (No. 95), Fee-Charging Employment Agencies

(Revised) (No. 96), Right to Organise and Collective Bargaining (No. 98), Minimum Wage

Fixing Machinery (Agriculture) (No. 99), Equal Remuneration (No. 100), Social Security

(Minimum Standards) (No. 102), Abolition ofForced Labour (No. 105),Discrimination in

Respect of Employment and Occupation (No. 111), Equality of Treatment (Social Security)

(No. 118), Employment Policy (No. 122), Workers’Representatives (No. 135), Minimum

Age(No. 138),Labour Relations (Public Service) (No. 151), Occupational Safety and

Health (No. 155), Termination of Employment at the Initiative of the Employer (No. 158),

Occupational Health Services (No. 161), Worst Forms of Child Labour (No. 182),

Promotional Framework for Occupational Safety and Health (No. 187).16

14 See Constitutional Court, 7.6.1999, 10/22, Official Journal 21.7.2000, No. 24116.

15 See Conseil d’Etat 12th Division, 22.2.2006, 2004/4382, 2006/539.

16 The ILO’s Indigenous and Tribal People Convention, 1989 (No. 169) (See Bakirci, K (2011), ‘Indigenous

Women’sIssues’,inEncyclopedia of Women in Today's World, Vol.2 (eds. Z.Stange/C.K.Oyster/J.E.Sloan),

Sage, USA) and the Domestic Workers’ Convention, 2011 (No. 189) (See Bakirci, K (2011), ‘Domestic

Workers’,inEncyclopedia of Women in Today's World, Vol. 1 (eds. Z.Stange/C.K.Oyster/J.E.Sloan), Sage,

USA) specifically prohibits sexual harassment inthe workplace. The amendments tothe Maritime Labour

Convention 2006 (No. 186), include issues of bullying and harassment. None of them has been ratified by

Turkey.