Goods and services (Directive 2004/113)

• Author: Kadriye Bakirci
• Pages: 93-96

93

9Goods and services (Directive 2004/113)253

9.1General (legal) context

9.1.1Surveys and reports about the difficulties linked to equal access toand supply of

goods and services

There have been no relevant surveys or reports.

9.1.2Specific problems ofdiscrimination inthe online environment/digital

market/collaborative economy

There isno research or data to make comments on this issue.

9.1.3Political and societal debate

There was a politicaland societal debate on the prohibition onwearing headscarves at

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

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

universities gradually ceased to exist. There wasno actual law prohibiting the use of

headscarves by female university students, but this was prohibited bya Constitutional

Court decision ofa political nature.254The ban was eliminated in2010after the Higher

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

September 2014, female students in secondary education may wear headscarves intheir

schools, if they choose todoso.256

9.2Prohibition of direct and indirect discrimination

The Constitution provides that state organs and administrative authorities are obliged to

act incompliance with the principle ofequality before the law inall their proceedings

(Article 10/5). Noprivilege may be granted toany individual, family, group orclass (Article

10/4).

The Employee Trade Unions and Collective Bargaining Act257provides that unions and

confederations shall observe the principle ofgender equality in their activities and events

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

and Collective Bargaining Act258states that the trade unions and confederations shall

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

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

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

employees and their employers. The Public Personnel Trade Unions and Collective

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

mentions the other discriminatory grounds, and 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 onthe dress code of students of state schools (Milli EğitimBakanlığınaBağlı

Okul ÖğrencilerininKılıkveKıyafetlerineDair Yönetmelikte DeğişiklikYapılmasıHakkında Yönetmelik),

Official Journal27.9.2014, No. 29132.

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

6356), Official Journal 7.11.2012.

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

Sözleşme Kanunu) (No. 4688), Official Journal12.7.2001.