NATIONAL HUMAN RIGHTS INSTITUTIONS AS A HUMAN RIGHTS PROTECTION MECHANISM: THE CASES OF THE OMBUDSMAN AND HUMAN RIGHTS AND EQUALITY INSTITUTION OF TURKEY CONCLUSIONS and DETERMINATIONS Law on the Human Rights and Equality Institution of Turkey was adopted by GNAT on April 6, 2016 as a result of political negotiations between the EU and Turkey with regard to the civil war going on in Syria and the ensuing migration problem. Criticisms and deficiencies expressed by the representatives of opposition parties at GNAT and CSOs dealing with fight against discrimination through various medial channels as well as past experiences were not taken into consideration during the adoption of the law. The law was adopted at GNAT as rapidly as possible and entered into force upon the approval of the President. TIHEK Law defined certain forms of discrimination in Turkey at the level of a law for the first time. However, Article 2(1) specifies that these definitions are only limited to the implementation of TIHEK Law. In spite of this limitation, it is possible that relevant authorities may use these definitions with regard to the cases filed or the administrative applications lodged concerning non-discrimination. As a matter of fact, the Court of Cassation referred to the definition of sexual harassment in two of its judgments.126 It is of special importance that mobbing, harassment, multiple discrimination, segregation, instruction for discrimination, discrimination based on default ground and victimization are defined at the level of laws. Internalization and use of the different forms of discrimination stipulated in the law by judicial bodies and the administration can ensure that the impact of the Law is also felt outside the practices of the Institution. Articles 3(3) and 3(4) of TIHEK Law hold responsible public institutions and organizations as well as professional organizations with the status of a public organization assigned and authorized to act in case of the violation of non-discrimination to put an end to the violation, redress its consequences, prevent the repetition thereof, take necessary measures to ensure the follow-up of the issue in legal and administrative terms and hold responsible the real and private legal persons liable in terms of non-discrimination to take necessary measures for detecting discrimination regarding the issues falling under their mandate, eliminating it and ensuring equality. An open-ended approach is adopted regarding the subjects of discrimination instead of a limited approach such as the grounds of discrimination. Articles 5 and 6 of TIHEK Law prohibits discrimination on the basis of education and training, health, housing, employment, self-employment, freedom of association, judiciary, law enforcement, healthcare, transport, communication, social security, social services, social aid, sport, accommodation, culture, tourism, similar areas and services. In spite of these positive examples stipulated in the law, it is observed that provisions concerning the Institution are quite problematic in contrary to general provisions on non-discrimination. The conclusions reached under the aforementioned review are specified below based on the sections included in this report. As seen below, it is necessary to make comprehensive amendments to both the legislation and practice for achieving compliance with international standards, preventing and eliminating discrimination and achieving a more effective institutional structure. 126 General Assembly of Civil Chambers of the Court of Cassation, E. 2015/2865 K. 2018/1142, May 30, 2018; E. 2015/3171 K. 2018/1143, May 30, 2018. 51