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.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
