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Manual On Good Administration Principles

Legal Basis

Absence of discrimination and equality are among the principles that
are laid down in both the Constitution and the European Convention on
Human Rights.

In the Preamble of the Constitution, it is emphasised that every Turkish
citizen has an innate right and power, to lead an honourable life and to
improve his/her material and spiritual wellbeing under the aegis of
national culture, civilization, and the rule of law, through the exercise
of the fundamental rights and freedoms set forth in the Constitution, in
conformity with the requirements of equality. Accordingly, Article 10 of
the Constitution stipulates that everyone is equal before the law without
distinction as to language, race, colour, sex, political opinion, philosophical
belief, religion and sect, or any such grounds, that men and women have
equal rights and the State has the obligation to ensure that this equality
exists in practice, that measures taken for this purpose shall not be
interpreted as contrary to the principle of equality and that state organs
and administrative authorities are obliged to act in compliance with the
principle of equality before the law in all their proceedings.
The principle of equality can also be seen as the obligation to practice
positive discrimination. As a matter of fact, Article 10 of our Constitution
stipulates that measures taken for the purpose of establishing equality
between men and women shall not be interpreted as contrary to the
principle of equality, that measures to be taken for children, the elderly,
disabled people, widows and orphans of martyrs as well as for the invalid
and veterans shall not be considered as violation of the principle of equality.
Hereby, positive discrimination was given a Constitutional basis.
Article 14 of the European Convention on Human Rights regulates the
prohibition of discrimination and it is stated that the enjoyment of the
rights and freedoms set forth in this Convention shall be secured without
discrimination on any ground such as sex, race, colour, language, religion,
political or other opinion, national or social origin, association with a
national minority, property, birth or other status.
It is stated in Article 5 of the European Code of Good Administrative
Behaviour that in dealing with requests from the public and in taking
decisions, the official shall ensure that the principle of equality of treatment
is respected and members of the public who are in the same situation shall
be treated in a similar manner and if any difference in treatment is made,
the official shall ensure that it is justified by the objective relevant features
of the particular case.

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