Goods and services (Directive 2004/113)

• Author: Kadriye Bakirci
• Pages: 93-96

93

9 Goods and services (Directive 2004/113)253

9.1 General (legal) context

9.1.1 Surveys and reports about the difficulties linked to equ al access to and supply of

goods and services

There have been no relevant surveys or reports.

9.1.2 Specific problems of discrimination in the online environment/digital

market/collaborative economy

There is no research or data to make comments on this issue.

9.1.3 Political and societal debate

There w as a political and societal debate on the prohibition on wearing headscarves at

universities (until 2010) Women wearing headscarves could not attend universities nor

take up public posts. Th e de facto ban in access to university entrance examinations and

universities gradually ceased to exist. There was no actual law prohibiting the use of

headscarves by female un iversity stud ents, b ut this was prohibited by a Constitutional

Court decisi on of a poli tical nature.254 The ban was eliminated in 2010 after the Higher

Education Board sent a circular to universities on the issue.255 Also starting from

September 2014, female students in s econdary education may wear headscarves in their

schools, if they choose to do so.256

9.2 Prohibition of direct and indirect discrimination

The Constitution p rovides that state organs and admi nistrative authorities are obliged to

act in compliance with the principle of equality before the law in all their proceedings

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

10/4).

The Employee Trade Unions and Collective Ba rgaining Act257 provides that unions and

confederations shall observe the principle of gender equality in their activities and events

in line with their establishment objectives (Article 14). The Public Personnel Trade Unions

and Collective Bargaining Act258 states that the trade unions and confederations shall

observe the gender equality principle in their works and activities as well as among the

members in enjoyment of the activities of these confederations a nd trade unions (Article

26). The Employee Trade Unions and Collective Bargaining Act covers private law

employees and their employers. The Pu blic Personnel Trade Unions and Collective

Bargaining Act covers public officials and their (public law) employers. Neither act explicitly

mentions the other discriminatory grounds, an d they do not cover selection as a member

of the trade union and/or selection to the bodies of the trade union and/or the termination

of membership of the trade union.

253 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy,

European network of legal experts in gender equality and non-discrimination, available at

https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.

254 Constitutional Court, 9.4.1991, 1991/8, 1990/36, Official Journal 31.7.1991.

255

http://bianet.org/bianet/siyaset/125225-yok-basortu-duzenlemesine-istanbul-dan-basladi.

256 Bylaw amending the Bylaw on the dress code of students of state schools (Milli Eğitim Bakanlığına Bağlı

Okul Öğrencilerinin Kılık ve Kıyafetlerine Dair Yönetmelikte Değişiklik Yapılması Hakkında Yönetmelik),

Official Journal 27.9.2014, No. 29132.

257 Employee Trade Unions and Collective Bargaining Act (Sendikalar ve Toplu İş Sözleşmesi Kanunu), (No.

6356), Official Journal 7.11.2012.

258 Public Personnel Trade Unions and Collective Bargaining Act (Kamu Görevlileri Sendikaları ve Toplu

Sözleşme Kanunu) (No. 4688), Official Journal 12.7.2001.