NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY THE REPORT ON THE OMBUDSMAN INSTITUTION AND ITS DECISIONS ON DISCRIMINATION D. Çiğdem Sever1 INTRODUCTION It was first considered in 1980s to establish an Ombudsman Institution and the first law on the Institution was enacted in 2006, however, since this Constitution Court annulled this law, the Institution could only be established in 2012 after the constitution was amended in 2010. During amendment of the Constitution, paragraph four has been added to Article 74 of the Constitution, which provides as follows: “The Institution of the Ombudsman established under the TGNA examines complaints on the functioning of the administration” Following this constitutional amendment, the Ombudsman Institution (KDK) was established in 2012 with Law No. 6328, and started to receive applications in March 2013, and it is a public institution that is structurally affiliated with the TGNA and has a separate legal entity.2 Ombudsperson (Ombudsman) institutions are national human rights institutions, since they can receive direct applications regarding any kind of human rights violation that can be associated with the administration. National human rights institutions constitute an effective remedy for human rights violations before litigation, and the fundamental principles of these institutions were regulated by the UN in 1993 with the Principles Relating to the Status of National Institutions, which are called as the Paris Principles3. Paris Principles are composed of following sections: a. Competence and Responsibilities, b. Composition and Guarantees of Independence and Pluralism, c. Methods of Operation, d. Additional Principles Regarding the Status of Commissions With Quasi-Jurisdictional Competence. Although there are many documents4 on national human rights institutions 1 Dr., Faculty of Law, Atılım University 2 Law on Ombudsman Institution, Date of Adoption: 14/6/2012, Published in Official Journal: Date: 29/6/2012. 3 Principles relating to the Status of National Institutions (The Paris Principles), Adopted by General Assembly resolution 48/134 of 20 December 1993. 4 Some of these are: e Recommendations of the Committee of Ministers of the Council of Europe R (85) 13 on the institution of the Ombudsman, R (97)14 on the establishment of independent national institutions for the promotion and protection of human rights, R (2000)10 on codes of conduct for public officials, CM/Rec(2007)7 on good administration, CM/Rec(2014)7 on the protection of whistle-blowers and CM/Rec(2016)3 on human rights and business; to the Recommendations of the Parliamentary Assembly of the Council of Europe 757 (1975) and 1615 (2003) and in particular its Resolution 1959 (2013); as well as to Recommendations 61(1999), 159 (2004), 309(2011) and Resolution 327 (2011) of the Congress of Local and Regional Authorities of the Council of Europe; to ECRI General Policy Recommendation No. 2: Equality bodies to combat racism and intolerance at national level, adopted on 7 December 2017; United Nations General Assembly Resolution 48/134 on the principles relating to the status of national institutions for the promotion and protection of human rights (“the Paris Principles”) of 20 December 1993, Resolution 69/168 of 18 December 2014 and Resolution 72/186 of 19 December 2017 on the role of the Ombudsman, mediator and other national human rights institutions in the promotion and protection of human rights, Resolution 72/181 of 19 December 2017 on National institutions for the promotion and protection of human rights, the Optional Protocol to the Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 18 December 2002; 57