Contemporary Applications of Prohibition of Discrimination in Turkish Constitutional Court Decisions Cover Image

Contemporary Applications of Prohibition of Discrimination in Turkish Constitutional Court Decisions
Contemporary Applications of Prohibition of Discrimination in Turkish Constitutional Court Decisions

Author(s): Sabriye Beste Kabacam
Subject(s): Politics / Political Sciences, Politics, Constitutional Law, Political Theory, Civil Society, Public Administration
Published by: Wydawnictwo Adam Marszałek
Keywords: human rights; prohibition of discrimination; principle of equality; Turkish Constitutional Court; Article 10 of 1982 Turkish Constitution; ECHR Article 14

Summary/Abstract: It is clear that the prohibition of discrimination and theprinciple of equality are one of the most important principles of humanrights. Today, since the number of discrimination issues has increasedin the usual flow of life, the matter of how far the valid law can protectindividual, who constitutes the core of the society from discrimination iscontroversial. In Turkish Constitution, there is no independent articlewhich orders the prohibition of discrimination. Cases which relate to thediscrimination are considered with the principle of equality in Article 10.The scope of the present paper is to show how the prohibition of discriminationis embodied in Turkish Constitutional Court’s approach and itshistorical background. Secondarily, the Turkish Constitutional Court’sapproach regarding these issues are emphasized and to what extent thedecisions given by the Turkish Constitutional Court are similar to thedecisions given by ECHR are argued. Comparative and historical methodwill be used in this paper.

  • Issue Year: 18/2019
  • Issue No: 1
  • Page Range: 358-375
  • Page Count: 18
  • Language: English