NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
human rights violations of real persons and private legal persons. This regulation implies
that there is a division of labor between the OI and TIHEK.
On the other hand, TIHEK can review the claims of violation on non-discrimination against both the administration and real persons and private legal persons in
an ex officio fashion or upon application while the OI can only review the claims of
violation on non-discrimination against the administration in an ex officio fashion or
upon application. Thus, both institutions can receive applications on the discriminatory
practices of the administration and act in an ex officio fashion. Due to this characteristic, the OI is also considered an equality institution. It is observed that there is no
regulation to fulfill the requirement of setting up regular and effective coordination in
order to ensure that multiple equality institutions apply non-discrimination principles
in a consistent way where there are more than one equality institution as specified in
para. 1.3(1) of the Recommendation of the European Commission.
Articles 9(1)(n) and 9(1)(o) stipulate that it is possible for the Institution to cooperate
with public institutions and organizations dealing with the protection of human rights
and fight against discrimination and support the activities of other institutions for the
prevention of discrimination. Besides, the Board can express opinions relevant to its
mandate to public institutions and organizations upon their request as per Article 11(1)
(d) and form an advisory committee with public institutions and organizations so as to
discuss problems on non-discrimination as well as solution suggestions and exchange
information and views on these matters as per Article 22(1). However, it seems that the
Board can only express opinions upon request as Article 11(1)(d) contains a phrase reading as "expressing opinions upon their request".
Implementation reveals that TIHEK does not establish any regular and comprehensive cooperation with judicial or administrative public institutions responsible for the
improvement and protection of human rights. In this regard, the equality units formed
within some municipalities in recent years are also among the institutions with which
TIHEK can establish cooperation. However, no cooperation has been established in this
respect. Likewise, it is not known whether or not the parties to a lawsuit has requested from TIHEK constituted as the institution specialized in non-discrimination any
opinion for the relevant lawsuit pending before judicial authorities and, if yes, what the
outcome of this request is.
Article 14(4) of TIHEK Law provides that the Institution can form temporary committees standing for a period of six months with public institutions and organizations
to engage in activities on subjects falling under its mandate. However, no information
has been obtained from open sources on whether nor not any temporary committee
has been formed with the participation of public institutions and organizations and
which criteria have been taken into consideration while identifying such institutions
and organizations. Considering the activities of TIHEK, it is observed that only some
consultation meetings were held as per Article 22(2) of TIHEK Law to discuss human
rights problems and exchange information and views on the subjects of human rights.78
78 For instance, see: TIHEK, “TIHEK Organized the Third Provincial Consultation Meeting in Sakarya.”, February 26, 2020, https://
www.tihek.gov.tr/tihek-il-istisare-toplantilarinin-ucuncusunu-sakaryada-gerceklestirdi/; “TIHEK's Konya Provincial Consultation Meeting Was Organized.”, https://www.tihek.gov.tr/tihek-konya-il-istisare-toplantisi-gerceklestirildi/; “TIHEK's Istanbul
Provincial Consultation Meeting Was Organized”, https://www.tihek.gov.tr/turkiye-insan-haklari-ve-esitlik-kurumu-istanbul-il-istisare-toplantisi-gerceklestirildi/ (accessed: July 31, 2020)
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