Combating Discrimination and Hate Crimes in Turkey

Combating discrimination and hate crimes in Turkey is a significant issue addressed within the framework of both national legislation and international obligations. The primary legal regulations and enforcement mechanisms in this area are summarized below.

Legal Regulations

The Constitution

Article 10 of the 1982 Constitution regulates the principle of “Equality Before the Law.” According to this article, everyone is equal before the law without any discrimination based on language, race, color, sex, political opinion, philosophical belief, religion, sect, or any such grounds. This principle mandates that state bodies and administrative authorities must act in accordance with the principle of equality in all their actions.

Turkish Penal Code (TCK)

In Turkey, hate crimes are not defined as a standalone offense in the penal code but are generally regulated as an aggravating factor for other crimes or within the scope of the crime of discrimination.

• Article 122 of the TCK (Hate and Discrimination Crime): This article, amended by Law No. 6529, criminalizes specific actions (such as preventing the sale/rental of goods, access to services, employment, or economic activity) driven by hatred based on differences in language, race, nationality, color, sex, disability, political opinion, philosophical belief, religion, or sect. This article penalizes acts of discrimination under the TCK.

• Aggravating Circumstances: In some articles of the TCK (for example, Article 125 concerning the crime of insult), committing an act with a motive of hatred or prejudice is considered a qualified circumstance that requires an increased penalty.

Law No. 6701 on the Human Rights and Equality Institution of Turkey

This law is the most fundamental regulation that expands the framework of the prohibition of discrimination.

• The law guarantees that everyone is equal in enjoying legally recognized rights and freedoms, and prohibits discrimination based on sex, race, color, language, religion, belief, sect, philosophical and political opinion, ethnic origin, wealth, birth, marital status, health status, disability, and age.

• Furthermore, the law has authorized and tasked the Human Rights and Equality Institution of Turkey (TİHEK) with combating hate speech and discrimination.

Enforcement Mechanisms and Institutions

Human Rights and Equality Institution of Turkey (TİHEK)

• Established by Law No. 6701, TİHEK is the national mechanism with exclusive authority to combat discrimination in Turkey.

• Any natural or legal person claiming to have been harmed by a violation of the prohibition of discrimination can apply to the Institution. TİHEK works to protect and promote human rights, prevent discrimination, and address violations.

Ombudsman Institution (KDK)

• The KDK is responsible for examining complaints about the functioning of the administration and making recommendations. Allegations of discrimination can also be evaluated within the scope of these complaints.

Judicial Bodies

• Constitutional Court: In individual applications alleging violations of fundamental rights and freedoms, it can rule on violations of the principle of equality and the prohibition of discrimination.

• Judicial Courts: They handle cases related to crimes of discrimination and those committed with hateful motives as defined in the Turkish Penal Code.

International Mechanisms

Turkey is also committed to combating discrimination through international conventions and mechanisms to which it is a party. Some of these include:

• European Convention on Human Rights (ECHR): Article 14 regulates the prohibition of discrimination. After exhausting domestic legal remedies in Turkey, individual applications can be made to the European Court of Human Rights (ECtHR).

• United Nations Conventions: Turkey is a party to many conventions, including the International Convention on the Elimination of All Forms of Racial Discrimination.