Provisions in Turkish Legislation Leading to Inequality in
terms of the Right to Vote and be Elected
Article 67 of the Constitution of the Republic of Turkey, guarantees that elections shall be held under the
direction and supervision of the judiciary, in accordance with the principles of free, equal, secret,
direct, universal suffrage, and public counting of the votes. And that all citizens over eighteen years of
age shall have the right to vote in elections.2
The overall approach in international criteria is guaranteed by this article. However, some legislation in Turkey
includes discriminatory provisions in terms of the right to vote and be elected.
The provisions in the Constitution;
Eligibility to be elected as a
deputy:
“Article 76- (Amended: 13/10/2006-5551/1) Every Turk over the age of twentyfive is eligible to be a deputy.”3
In Turkey, whereas it is sufficient for an individual to be over the age of 18 to exercise their civil and political
rights, the age requirement to be elected as a deputy is 25. In terms of human rights, this provision amounts
to discrimination on grounds of age.
Article 67 of the Constitution and Article 7 of the Law on the Basic Provisions of Elections and Voter Registries (Law
no 298), lists those persons who are not eligible to cast a vote. 4
As set forth in these provisions, the restriction for convicted prisoners in terms of their right to vote is worth
noting. A. Atahür Söyler, who was unable to cast a vote due to a sentence he received in 2007 took his case to
the European Court of Human Rights (ECtHR).
2 http://www.tbmm.gov.tr/anayasa.htm
3 http://www.tbmm.gov.tr/anayasa.htm
4 Constitution 67/5; Privates and corporals at arms, cadets, and convicts in penal execution institutions excluding those convicted of
negligent offences shall not vote.
Law No 298 on Basic Provisions of Elections and Voter Registries:
“Article 7- The following persons are not eligible to vote:
….
3. (Annex: 44th Article of Law 2839 on 10 June 1983; 2nd article of Law 4125 as amended on 27 October 1995) Convicted prisoners in
Judicial Execution Institutions”
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