Introduction
Despite the past 12 years since the ratification of the Convention by Turkish government in 2007,
Turkish domestic law has not been harmonized with UNCRPD. Since then, the main amendment in
domestic law has only been to change the word “handicapped”, which was used in numerous legislation,
to “persons with disabilities”. The current legislation has not been reviewed in terms of the other
obligations arising from the Convention, especially with respect to the prohibition of discrimination.
Although there is a principal legislation on disability, many other pieces of legislation also contain
regulations concerning disability. In the Disability Act (No: 5378), the types of discrimination are
defined and prohibited. However, the Disability Act does not contain any penal sanctions for the
discrimination prohibited by law. Article 122 of the Turkish Criminal Code (No: 5237) does impose
penal sanctions for discrimination, however this provision is only applicable in cases where the motive
for discrimination is based on “hate”. Additionally, the reversal of the burden of proof in cases of
discrimination is only contained in Labor Law (No: 4857). Yet, the scope of this provision does not
cover the job application and recruitment processes. Therefore, it is not possible to utilize this provision
in cases where a person is not hired because they have been discriminated on the basis of disability.
Discriminatory provisions in various different legislations are still in force. For example, Article 74(e)
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)
contains discriminatory provisions which will be elaborated on this report. The Convention is not used
as a point of reference for new legal amendments or legal reforms.
The deadlines and obligations for the implementation of the accessibility arrangements contained in the
Disability Act, which was enacted in 2005, are perpetually extended to a further date. Contrary to the
obligations arising from the Convention, Turkey still views persons with disabilities, as an object of
charity and develops policies according to this perspective. Personalized support mechanisms are not
available in any field. The central perspective of the State is still the medical approach. This has also
been expressed by Mrs. Aylin Çiftçi, the General Director for Services for Persons with Disabilities and
the Elderly (EYHGM) under the Ministry of Family, at the Grand National Assembly of Turkey in
2013, which was also included in a report.1
After the ratification of the Convention, two official reports were prepared by the State Supervisory
Council of the Presidency in 2009 and by Committee on Human Rights Inquiry of the Grand National
1
https://www.tbmm.gov.tr/komisyon/insanhaklari/docs/2013/raporlar/engelli_haklari_inceleme_raporu.pdf
6