NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY REPORT ON THE HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY Ulaş Karan 1 GİRİŞ This report examines the compliance with international standards of the Human Rights and Equality Institution of Turkey (hereinafter referred to as "TIHEK" or "Institution"), the first institution established in Turkey as an equality institution for combating discrimination, as well as its performance during the first four years. Equality institutions can be considered as the type of institutions that are called "national human rights institutions", vary from one country to another and defined as organizations other than the public institutions stipulated by the constitution or laws to fulfill certain duties on human rights2. The characteristics intended for equality institutions are largely identical to the characteristics set for national human rights institutions. Aims of these institutions are to express opinions or recommendations, evaluate and settle the complaints lodged by individuals or groups. Institutions may generally public non-binding resolutions as a result of such complaints. In addition, these institutions may issue decisions about complaints, investigate them and refer applications to judicial bodies. Complaints are free of charge unlike judicial procedures, thereby minimizing problems with access to justice.3 Fight against discrimination is an integral part of the fields of activity for national human rights institutions. As seen below, institutions may be equipped with powers regarding the acts and actions of not only public institutions, but also real persons and private legal persons.4 TIHEK was established in 2016 as both an equality institution and a national human rights institution through the Law on the Human Rights and Equality Institution of Turkey No. 6701 (hereinafter referred to as "TIHEK Law" or "Law").5 The study focuses on evaluating TIHEK's role as an equality institution. During the ratification process of the law, it was claimed that the law was compliant with the "Paris Principles", the global standard for such institutions, as specified below. Although it is observed that the Institution complies in form with such standards in certain aspects, the resulting organization seems to be quite distant from fulfilling such international standards in general terms. TIHEK Law was adopted on April 6, 2016 as a result of political negotiations between the EU and Turkey with regard to the civil war going on in Syria for long years and the ensuing migration problem. Establishment of equality institutions in the fight 1 Assoc. Prof., Lecturer of the Faculty of Law at Istanbul Bilgi University 2 National Human Rights Institutions, A Handbook on the Establishment and Strengthening of National Institutions for the Promotion and Protection of Human Rights, United Nations, New York-Geneva, 1995, p. 6, para. 9, http://www.ohchr.org/Documents/ Publications/training4en.pdf (accessed: July 31, 2020) 3 Linda C. Reif, “Building Democratic Institutions: The Role of National Human Rights Institutions in Good Governance and Human Rights Protection”, Harvard Human Rights Journal, Vol. 13, 2000, p. 7. 4 Reif, p. 10. 5 The Law on the Human Rights and Equality Institution of Turkey (No. 6701), the Official Gazette No. 29690 of April 20, 2016. 7