NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY of persons with disabilities as a result of a discriminatory conduct, or contain discriminatory statements. For example, the following statements were made in a recent decision: “Persons with disabilities can be defined as specific groups who constantly face problems in the society due to their bodily functions. Situations that are very easy for normal individuals in every moment of daily life create serious problems for persons with disabilities. Persons with disabilities that start life behind normal people due to obstacles in domestic, education, employment and social settings may experience economic problems since they cannot access employment opportunities sufficiently. " (par. 14) The definition of a person with a disability is not in compliance with the international or national legislation, and it does not fit a right-based model. On the other hand, the expression "normal individual" is in itself a discriminatory statement.21 This decision, quoted above, is about the discount made by the Samsun Metropolitan Municipality on the water bills of persons with disabilities more than 40% and have an income below gross minimum wage. The applicant requested the removal of the income requirement and the Institution made a recommendation-decision. The decision provides as follows: “…the condition imposed by the relevant administration requiring only persons with disabilities who have a monthly income lower than gross minimum wage to receive a discount, undermines the positive discrimination made for persons with disabilities.” (Par. 18) 22However, there is a legitimate and reasonable reason for imposing the income requirement for such special measure, and the just cause criterion should be evaluated when taking special measures. It is possible to take various special measures such as incentives, discounts, free of charge services for persons with disabilities to compensate the additional economic burden of their disabilities, to help them to live independently and become a part of the society, enjoy specific rights such as personal mobility, or enjoy fundamental rights and freedoms equally and effectively but it is also necessary to make a connection between the relevant measure and a specific rights, in other words an assessment based on rights. In another decision of the institution, when It comes to the right to free accommodation in Credit and Dormitories Institution’s dormitories for students with disabilities, it is on the agenda to live independently and to be included in the society and to benefit from the right to education effectively, and since students do not have an independent income, this connection can be established. This situation was expressed as follows in the decision: “Persons with disabilities may have to incur additional economic burdens such as medical equipment expenses, personal self-care expenses, care service expenses, special transportation expenses, expenses related to adjustments for access, education support expenses, physical or psycho-social difficulties. It is also known that persons with disabilities may experience economic deprivation in daily life because of not accessing education and employment opportunities sufficiently due to prejudices and access problems. In order to eliminate these disadvantages, persons with disabilities must be supported by “special measures” or “positive discrimination” practices ”(par. 12). The decision made on the application requesting a positive discrimination to be made by allowing students with disabilities to bring their car-keys to the exam center when entering Student Selection and Placement Center exams, is an interesting decision related to special measures. In the decision it is stated that in Turkey, certain persons with disabilities still have difficulties in accessing transportation, and this is a request for such a 21 One of the reasons of the difference in the definition of persons with disabilities in this decision is the fact that this application was classified as an application related to local administrations, and as a result was not forwarded to the ombudsman working on disability rights. 22 Application no. 2019/5273, 29.8.2019. 71