of First Instance regarding a case of discrimination is mentioned; however, this decision was later on
overturned by a higher court.
In the State Report, according to Article 90 of the Constitution, it is stated that UNCRPD is applied
directly to domestic law. However, since the day Turkey ratified the Convention, no court decisions
have been given based on UNCRPD on the grounds of Article 90.
There is no independent national mechanism that monitors discrimination against persons with
disabilities. Even the few cases filed by persons with disabilities on the grounds of discrimination are
not monitored or recorded by The General Directorate of Services for Persons with Disabilities and
Elderly (EYHGM).
Article 74 of the Law of the Union of Chambers and Commodity Exchanges of Turkey, and the
Chambers and Commodity Exchanges (No: 5174) and Article 8(g) of the Judges and Prosecutors Act
(No: 2802) which are still in force, contains discriminatory provisions against persons with disabilities.
No training is given to judges and prosecutors on the issue of discrimination against persons with
disabilities by the Ministry of Justice.
The General Directorate of Services for Persons with Disabilities and Elderly (EYHGM) does not have
any policy regarding groups which are at risk of multiple discrimination. For example, there are no
studies on Roma girls with disabilities and/or LGBTI+ persons with disabilities. On the other hand,
discriminatory practices can also be done by public institutions. For example, Presidency of Religious
Affairs takes Muslim persons with disabilities to Umrah by using the public budget for religious
pilgrimage and practices. Similar practices are not done for persons with disabilities from different
religious beliefs.
Also in 2017 and 2018, there are many students with autism who are not enrolled in schools. In 2018,
the Minister of Education met with parents of students with autism and promised to solve this problem.
After the landmark 2016 European Court of Human Rights (ECHR) decision of Çam v. Turkey 6; Mr.
E. Şahin, a university student with disabilities, also brought his case to ECHR where the case resulted
in a violation on the grounds of discrimination.7
Recommendations for Article 5:
Çam v. Turkey, European Court of Human Rights, Judgment 23rd February 2016 (Application No: 51500/08).
Enver Şahin v. Turkey, European Court of Human Rights, Judgment 30th January 2018 (Application No:
23065/12).
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