NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY
nition and changes by non-state actors with respect to key documents, such as educational or work certificates.” Similarly, the 2009 Council report entitled Gender Identity
and Human Rights emphasized the importance of changing the name in a diploma in
terms of employment.35
Since the data related to the sexual identity of the person may lead to discrimination, the presence of such data in official documents, which must be submitted, may
lead to discrimination in the enjoyment of many rights and freedoms (protection of
private life, right to work, etc.). In fact, later, various administrative courts cancelled
similar procedures and regulations.36
When an application was filed because of the governor’s decision not to allow a
pride march in İstanbul, the issue was examined entirely related to the location/route of
the meeting, and no discrimination assessment was made.37 However, considering that
a group, which is systematically discriminated, made this application the Institution
should have looked into other demonstrations that were allowed on similar routes and
in similar locations to decide whether this was a discriminatory act.
Although they are few in number, it is clearly seen that the decisions of the Institution diverge from the definition and standards of international discrimination when it
comes to gender-based discrimination claims. An important reason for the low number
of applications may be the existence of such decisions.
35 CommDH/IssuePaper(2009)2, https://rm.coe.int/16806da64d
36 For instance, a decision made by the Administrative Court in Aksaray were reported by the press, however, it has not been
possible to access this decision. (https://www.evrensel.net/haber/333771/rektorlugun-kararina-idare-mahkemesinden-iptal)
Cancellation of a similar regulation of Ege University was also reported by the press: https://odatv4.com/turkiyede-translarin-diplomasinda-kritik-degisiklik-27061824.html
37 Application no. 2018/8707, 3.1.2019.
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