Article 5: Equality and Non- Discrimination All the studies conducted conclude that discrimination against persons with disabilities is highly prevalent. One of the most comprehensive studies on discrimination is done by Prime Ministry Disability Administration (ÖZİDA), titled, “How the Community Understands Disability” which included 4,144 people in Turkey in 2009. According to the findings, regarding the question “Who do you think of when people say “disability”?”, 24.2% of respondents, which is the highest rate of answer was “a person in need of help”; to the question “Which of the persons with disabilities would you like to marry?”, 50.3% of the respondents gave the answer “None”. In the study titled “Measuring Discrimination Based on Disability Survey” which was conducted in 2010, 75% of the respondents said that the group which experiences discrimination the most in Turkey is persons with disabilities. However, the dominant attitudes of “charity, help and pity” which is prevalent in the society and public authorities, continues to “cover up” direct and indirect forms of discrimination. There is a nominal level of awareness among persons with disabilities, their families and public officials on discriminatory practices. The mechanisms for the prevention and compensation of discrimination are insufficient. Persons with disabilities are particularly hesitant to take action on discriminatory practices, especially where perpetrators are public officials, due to fears that social assistance of benefits will be cancelled as retribution. This situation prevents the dimensions of discrimination against persons with disabilities to become visible and makes it difficult to take judicial action on discrimination. Apart from the general equality provisions in Turkey, there exists no legal provision for definition of discrimination, the reversal of burden of proof, imposition of penal sanctions, establishment of compensation mechanisms in accordance with international standards. Discrimination is defined and prohibited in the Disability Act (No: 5378), but no penal sanctions and compensation are provided. Article 122 of the Turkish Penal Code (No: 5237) which can only be applied if discrimination is based on hatred motives and if it can be proved as such. This provision is conditional upon the fact that the act of discrimination is based on the motive of hatred. In Article 5 of the Labor Code, the burden of proof has been partially reversed, but this does not cover the job application and recruitment. There are no court decisions issued, to date, regarding discrimination based on Article 122 of the Turkish Penal Code. In paragraph 36 of the State Report, the decision by the Bakırköy Criminal Court 9