Non Discrimination In Turkey

The book “Non-discrimination in Turkey” focuses on issue areas within the broader non-discrimination framework in Turkey. It looks domestic change in Turkey regarding non-discrimination across time. The book unpacks the principle of non-discrimination and provides analysis in many issue areas like LGBTI rights, disability rights or age discrimination that rely under the framework of non-discrimination. Adopting a comprehensive approach including many areas within non-discrimination, the book will be useful for the students, scholars and researchers of international relations, political science, Middle East and Turkish studies and those interested in human rights.

Although legal arrangements have been made against discrimination, discrimination is both explicitly and implicitly active in different parts of society and in different areas. In order to recognize, understand, and oppose these forms of discrimination, it is necessary to be a defender of human rights and to know what discrimination means.

Though Turkey is a land of vast ethnic, linguistic and religious diversity - home not only to Turks, Kurds and Armenians, but also, among others, Alevis, Ezidis, Assyrians, Laz, Caferis, Roma, Rum, Caucasians and Jews, the history of the state is one of severe repression of minorities in the name of nationalism. This report sets current law and practice in Turkey against the backdrop of equivalent international standards on linguistic rights of minorities; freedom of religion, thought and conscience; freedom of expression; freedom of assembly and association; political participation; property rights and anti-discrimination.

This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

Relations between Turkey and the European Union have a very long history. Officially, they began with the Ankara Agreement. Following the signature of this Agreement, the relationship has undergone many developments. Some authors compare this relation to a turbulent marriage; though it has its share of problems, it remains an ongoing one, and both parties have managed to stay together. The book is designed to include discussion of consumer protection law, competition law, the dispute settlement procedures, the principle of non-discrimination on grounds of nationality with regard to Turkish workers in the European Union and Union workers in Turkey, as well as an overview of Turkey-EU relations that consists of legal, political and economic assessments on Turkish accession to the European Union. This book aims to draw a framework regarding the Turkish Law and enable the readers to learn about Turkish Law. Though it could easily be stated that though there are certain points to be completed, most aspects of Turkish Law are in harmony with EU Law. Turkey has taken many important steps in the past 50 year history with the EU, and especially from the legal perspective, has fulfilled most of the important goals. Thus, readers will also have a vision of this development, and of Turkish Law as a whole, after reading this book.

The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.

This edited collection addresses the multidimensionality of EU equality law from conceptual as well as practical perspectives. Bringing together academics from all over Europe and from different disciplines, including law, politics and sociology, the book focuses on the question of multidimensionality and intersectionality, and deals with the consequences of multiplying discrimination grounds within EU equality law.

Analyzes the human rights impacts of anti-terrorism laws and practices in the United States, the United Kingdom, and Germany.