NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
87 points or higher from the questions related to this course, whereas, the result was to the
disadvantage of the students who were not exempted from the course, if they received less
than 87 points. The most important aspect of the decision is that it uses simulation technique
to demonstrate how the outcome changes when different number of questions is answered
correctly. As a result of adoption of this method, which can be an important proof in applications claiming discrimination, it was concluded that this was an unequal practice not only
for non-Muslims but also for those who receive less than 87 points from questions in the
religious culture and ethics course. However, in the decision, after applying the simulation,
an evaluation should have been made to calculate how many people actually got 87 points
from these questions. It would be possible to prove the discrimination argument against
non-Muslims if the majority of students got high scores from these questions. The fact that
this data has not been used is a deficiency.
The applications claiming discrimination based on religious belief are predominantly for compensation of grievances experienced because of headscarves during
28 February incidents, about which the Institution has published a special report. Although not all the applications made by victims of 28 February do not contain claims
or evaluations of discrimination, in the application made by the 28 February Student
Association, it was emphasized that in line with the ban on discrimination, a regulation
should be made to to eliminate the grievances of women applicants wearing headscarves. This application is not directly related to a specific individual, but it contains a
request for making a general regulation, and a recommendation has been made to grant
these victims the right to take a one-time direct oral examination in the Public Personnel Selection Examination.30 Similarly, in the decision, the Higher Education Council
was recommended to make a regulation for individuals who could not complete their
associate degree program because of wearing a headscarf but could not benefit from the
2014 amnesty, and it was also mentioned that this practice was discriminatory.31
3. Applications Claiming Discrimination Based on Gender and
Sexual Identity
There is a tab allocated to woman on the website of the Ombudsman Institution, however, both the number of applications and the number of decisions that were published are
strikingly low. It is remarkable that the number of applications on this subject has even
decreased. The Ombudsman Woman tab was created on the website of the institution
and sample decisions were included. There are a total of eight decisions on the website,
and all but one are related to social assistance. These figures and examples point to
an important problem, especially when it is considered that the incidents of violence
against women are increasing and that discriminatory attitude and hate speech against
women is increasing. The joint commission frequently discussed whether the KDK
could conduct an investigation if a violence incident against a woman was brought to
the court. And, as stated in the meetings of the Commission on this issue, the Institution can conduct an investigation regarding the services for the protection of women
from violence, even if they are brought to court. For instance, in one application, the In30 Application no. 2017/403, 11.5.2018 (This was accessed through request for information)
31 Application no. 2019/7853, 1.7.2019.
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