| Last updated: 13 July 2011 |
Introduction |
Turkey is a parliamentary republic and its constitution establishes it as a democratic, secular, welfare state under law.
The President is elected by Parliament and has limited powers. The current President, Abdullah Gull, was elected on 28 August 2007 following several rounds of voting and a controversy which again set the army against the Head of State, as the new President is a member of the Justice and Development Party (AKP, moderate Islam), the same party to which the current Prime Minister, Recep Tayyip Erdogan, belongs.
Legislative power is vested in the Grand National Assembly of Turkey consisting of 549 members elected for a period of 5 years by the votes of Turkish citizens over 18 years of age; there are 50 women members, 9.1% of the total. . To gain representation in the Parliament, a party must achieve at least 10 % of the total votes in the national parliamentary elections.
The army plays an important role in the background as it is considered to be the protector of the republic's secularism and unity. Members of the security forces have been accused of torture and violations of human rights, activities which tend to take place away from the police stations so as to avoid detection. Some minority groups are active in politics, but figures are not available as Turkey does not allow minority identification.
Discrimination is prohibited on grounds of race, gender, religion, disability or social status, but the law is not strictly complied with. The country is a secular state, with Muslim religious services being the competence of the Directory of Religious Affairs (Diyanet). In 2007, 2,830 complaints were lodged against the Republic of Turkey at the European Court of Human Rights, which resulted in 331 judicial decisions being issued. In 2008, Turkey took second place after Russia in the list of countries with the highest number of cases of human rights violations brought before the European Court of HR, with 9,000 cases open in August 2008.
Reports emphasise the persisting corruption in the government. Freedom of expression and press are ensured by law, but these rights are subject to restrictions by the government. The Anti-Terror Law limits the freedom of expression, and journalists find themselves forced to practice self-censorship. Journalists and writers are being investigated and detained in Turkey, a situation that is of concern to the European Union. It is not possible to criticise the state or the government without fear of reprisals, and anyone who shows support for religious, political or Kurdish nationalist viewpoints is persecuted.
Use of the Internet is monitored, and Internet service providers must submit advance copies of the pages they post online. The police can carry out searches and confiscate material in internet cafes so as to "defend national security, public order, health and morals."
Turkey is a point of origin, transit, and destination for trafficking in women and children for sexual exploitation and forced labour. The police have been accused of contributing to the trafficking.
Representatives of gay and lesbian rights organisations complain that references made in the law to society's morals are used as an excuse to persecute homosexuality, and that homosexuals risk losing their jobs if they make their sexual orientation known.
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Education Rights
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State education is free, universal, and compulsory between the ages of 6 and 14, and is available up to the age of 18. In rural areas, the education of sons is prioritised, and is considered more important than that of daughters. In the east and south-east (mainly Kurdish) parts of the country, more than half of children aged between 6 and 14 do not attend school. The minimum age for marriage is 18 for both boys and girls, but a judge can authorise marriage at 17. However, girls of barely 12 years old are forced to marry in unofficial religious ceremonies. Under-age marriage still goes on in the poorer rural regions and this partly explains the low school enrolment ratio amongst girls. Some programmes for helping street children have been introduced.
Wearing veils or head-scarves in higher education institutions is considered contrary to the principles of secularism and equality. Universities apply dress codes both to staff and students. The ban also applies to civil servants working in public buildings. However, since the Justice and Development Party (AKP) came to power a tendency to ameliorate these bans has been noted.
After 8 years of compulsory secular education, pupils can continue their studies at "Imam Hatip" (Islamic religious authority) secondary schools, which are vocational studies institutes. Pupils who complete their studies at these schools lack any academic qualifications that would allow them to enrol in educational programmes other than theology. Primary and secondary schools provide compulsory classes in religion and morals, from which religious minorities are exempted.
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Early Childhood Education (ECE)
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A 3-year programme begins at age 3. At this level, 3% of education is private. The net enrolment rate (NET) is 41%. There are 18,921 ECE teachers (95% women). The ratio of pupils per teacher (PTR) is 17: 1.
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Primary Education
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Education is compulsory between the ages of 6 and 14. Primary education begins at age 6 and lasts for 6 years. 47% of pupils are girls. 2% of education at this level is private. The NER is 89% (92% of boys, 87% of girls).
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Secondary Education, Vocational Education and Training
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Secondary education begins at age 12 and lasts for 5 years. 2% of education at this level is private. 38% of secondary pupils follow technical training programmes. The NER is 85% (97% of boys, 73% of girls). There are 152,890 teachers at upper secondary schools. The PTR is 22: 1 at upper secondary level.
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Tertiary/Higher Education
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1,918,483 students (42% female) attend tertiary institutions, giving a gross enrolment ratio of 28%. 12,729 foreign students are studying in Turkey, the majority from Asia (6,138), Central and East Europe (3,687), North America and West Europe (1,536), Arab States (1,069), Sub-Saharan Africa (287) and Latin America and the Caribbean (12). Meanwhile, 52,048 Turkish students study abroad, notably in Germany (27,582), USA (11,398), France (2,273), the UK (1,960) and Austria (1,820).
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Children with Special Needs
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Discrimination against persons with disabilities is banned in education and other public services. Nevertheless, Mental Disability Rights International , an organisation which defends the rights of persons with mental disabilities, reports that such persons suffer treatment tantamount to torture. The organisation mentions mentally ill patients who are confined to psychiatric hospitals without due legal process and review, and the use of painful shock treatment on children. Children with serious and multiple learning difficulties can remain excluded from the mainstream education system. The reports emphasise the need to improve educational opportunities for children with special needs, with regard to both the quality and the quantity of the special services available. Teachers and other staff must receive suitable training for working with children with special needs.
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Refugee Children
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The law provides for asylum or refugee status to be granted in accordance with the 1951 UN Convention relating to Refugees Status and its 1967 Protocol and the government has set up a system of protection for refugees. The Turkish Constitution and laws relating to asylum provide for education for refugees and asylum seekers holding legal residency permits. In practice, the high school fees, linguistic barriers, and the persistent discriminatory practices make it very difficult to enforce these provisions.
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Minorities and Indigenous Peoples
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Turkey has a policy of cultural assimilation, adopted in the early twentieth century, which does not recognise an individual's right to ethnic, national, or religious self-identification. The government opposes granting formal recognition to certain minority groups. The Kurds make up the largest linguistic and ethnic minority group. Officially recognised minorities can run schools under the supervision of the Ministry of Education. Curricula at these schools include education for Jewish, Armenian Orthodox and Greek Orthodox communities. The Directorate of Religious Affairs (Diyanet) can provide religious classes outside school facilities. Children over the age of 12 can receive official lessons on the Koran. There are no official statistics on the Roma Population. The International Romani Studies Network gives a figure of 2 million for the Roma population. The Roma community is subject to discrimination, has a very low level of education and a very high unemployment rate. Peoples referred to as "nomadic gypsies" are among the four categories of persons not accepted as immigrants.
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Academic Freedom
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There are no legal restrictions on academic freedom, but university lecturers practise self-censorship when dealing with certain issues. One issue that is still sensitive and remains subject to censorship and self-censorship on the part of social researchers is recognition of the massacre of Armenians at the beginning of the twentieth century. Publishers are made to submit manuscripts to prosecutors before publishing.
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Gender Equality
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Women have the same rights as men before the law, but their rights are restricted by social discrimination. Reports show the existence of labour discrimination, and that women rarely hold management positions. The principle of equal pay for equal work is not fully complied with in the professions and the civil service. Women working in the agricultural and service sectors do not receive the same pay as men. Sexual harassment is prohibited, but women's organisations maintain that is commonplace and that the law is not strictly enforced. Violence against women is illegal, but in practice it is a serious problem. The police are reluctant to intervene in domestic disputes and instead advise women to return to their husbands. Serious problems persist in the rural areas, where around 25% of the active population live, and in terms of women's participation in the workforce, including in urban areas. The female employment rate is now 22.8%, whereas it was 40% just some years ago. It is the lowest of all countries in the OECD (Organisation for Economic Co-operation and Development). Furthermore, the rate is still going down. In general terms, despite some occasional efforts made, under the government of the AKP women's rights and gender equality have not progressed sufficiently. The latest UN report on the role of women in society and access to positions of responsibility puts Turkey in 101st place out of 109 countries, while the report on the same issue from the World Economic Forum has Turkey 131st out of 134 countries, only above Saudi Arabia, Benin, Pakistan, Chad and Yemen. However, in spite of the above, Turkey serves as a place of refuge for thousands of abused women fleeing every year from Iran, Iraq and Afghanistan.
The number of women candidates for the upcoming general elections on 12 June is disappointing, according to women's organisations that have campaigned to establish parity on the main parties' electoral lists, and although they acknowledge that there has been progress compared to previous elections. The four main parties - the governing AKP party, opposition CHP, nationalist MHP and Kurd nationalist BDP - have included a total of 257 women candidates on their lists for the June general elections. Women's rights have been recognised in Turkey since the beginnings of the Republic, in 1923. In 1930, women gained the right to vote in municipal elections. There have been women legislators in the national parliament since 1935. Turkey has had women prime ministers and presidents of the Constitutional Court, as well as women ministers in charge of the economy, home affairs, education, etc. Nowadays, however, the level of representation of women in Turkish politics is far from impressive.
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Child Labour
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The minimum age for working is 15, and children cannot work more than 8 hours a day until they are 16. Children aged 15 are allowed to do light work provided that they continue to attend school. Children attending school are not allowed to work more than 2 hours per day or ten hours per week. The law is enforced relatively well in the regulated sector, but does not cover the unregulated sectors which employ minors. The work that girls carry out continues to be out of sight, in domestic service and in unregulated textile workshops.
The most glaring example of Turkey's economic inequality and social stratification is its high rate of child labour. The Turkish Institute of Statistics (Turk-Stat) estimates that at least 6% of children between the ages of 6 and 17 are in work. More than 15% of children within this age group do not attend school, and due to the global economic crisis child labour is rapidly spreading and depriving children of their basic rights. In its 2009 report "Give Girls a Chance: Tackling Child Labour" , the International Labour Organisation classed Turkey as the third out of 16 countries as regards the high number of hours per week that children work, only below Mali and Senegal. Boys and girls work an average of 51 hours per week, and more than half of children between 6 and 17 work to support their families' incomes, many to keep them from going hungry. Most working children belong to the Roma and Kurdish communities, two of the most marginalised groups in Turkey. A major reason for the increase in the numbers of child workers was the forced displacement of millions of Kurds from 1993 to 1998 when many families were expelled from the eastern part of the country and finally settled in underprivileged districts. Many families continue to live in conditions of extreme poverty.
In Turkey, children work in agriculture, manufacturing, commerce, services and other sectors of the economy. These young people work in precarious labour conditions for very low wages and are easily exploited, as they are generally unaware of their rights and receive no benefits. Many work in dangerous and potentially deadly conditions, causing serious injuries and death. Others work in the streets to earn money selling bottles of water, chewing-gum and domestic products.
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Trade Union Rights
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Workers have the right to join and form unions. Trade unions need permission to hold meetings, which are often attended by representatives of the government. 25% of salaried workers belong to unions. Employees in the industrial and public sectors have the right to collective bargaining, and 5.4% of workers are subject to collective agreements. The International Trade Union Confederation reports that the law deprives many workers of the benefits of a collective agreement. The right to strike is protected by law, but the process is complex. Public service and basic service workers are not allowed to hold strikes. Though this ban also covers them, teachers have carried out several labour protests, including stoppages. The minimum wage is reviewed every six months by the Tripartite Wage Commission, but it continues to be insufficient to provide a decent standard of living for workers and their families. Most workers, particularly those who are covered by collective agreements, earn more than the minimum wage. Employee benefits make up around 63% of wage packages. Under law, the working week is 45 hours.
The 2010 Annual Survey on Violations of Trade Union Rights carried out by the ITUC reports an alarming tendency of judicial harassment targeting trade unions. Union leaders and members have been detained, sometimes in their dozens, charged with crimes of terrorism, and often spend months in prison without access to a due trial. There still remains much to do to reach a relative conformity between the country's legislation on trade union rights and the EU regulations and OIT Agreements, despite the major progress achieved in other juridical spheres. The rights to strike and to collective bargaining continue to be problematic, and the methods of interfering in the union's internal affairs are diverse and abundant. Large numbers of workers are victims of discrimination for belonging to trade unions. Discriminatory measures and pressure put on workers to quit the trade union - for instance, by transferring them to other workplaces, often in other cities - continue to be a problem. In November 2009, hundreds of thousands of Turkish public sector workers held a strike - for the first time in ten years - to defend their right to hold strikes. The police used tear gas on young members of NGOs demonstrating in support of the strike on the streets of Ankara. Prime Minister Erdogan warned the strikers that they would have to "face the consequences" for this "illegal riot."
EGITIM SEN: The teachers' union and member organisation of the EI has been accused of sedition and trying to divide the state through its support for the right of children to study in their native language. Legal proceedings to close down the union were set in motion in 2004 because of the union's refusal to eliminate a clause in its statutes that declares that it will work "in the defence of the right of all citizens to an education provided in their native language". The State Prosecutor argued that the Turkish Constitution provides that "in educational institutions, no other language than Turkish shall be taught as the native language." In May 2005, the Turkish Supreme Court ordered Egitim Sen to be closed down. At a special congress, Egitim Sen members voted in favour of removing the statute defending teaching in native languages in order that the union could continue to operate.
Nevertheless, in subsequent years the persecution has not ceased. In July 2009, Egitim Sen and the Confederation of Public Employees' Trade Unions (KESK), to which the member of the EI is affiliated, have been subjected to a series of attacks from the Turkish authorities, including having their union offices raided and searched by the security forces, the preventive detention of union leaders, and police brutality at a peaceful demonstration of teachers. Egitim-Sen and KESK workers were detained, including the secretaries of both organisations' Women's Departments. The police seized documents and computers. The detained trade unionists were transferred to local courthouses in Izmir to carry out an investigation. According to the Turkish press, this operation "formed part of a larger-scale operation aimed at dismantling the Kurdish terrorist organisation PKK." After taking statements, the police released six unionists the same day; others were released in the following days, but 31 were held on remand. In October 2010, the Supreme Court at Izmir again postponed issuing a decision on the case of the 31 public sector unionists, among whom there are 27 teachers/members of Egitem Sen; the charges against them are the same as those they were accused of shortly after their arrest.
EGITIM SEN has been awarded the EI Human Rights Award at the Sixth World Congress (Cape Town, South Africa, July 2011)
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Footnotes
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State of World Population 2010. "From Conflict and Crisis to Renewal: Generations of Change" UNFPA, November 2010, www.unfpa.org (Spanish)
Women in national Parliaments, World classification Inter-Parliamentary Union, March 2011, www.ipu.org
www.mdri.org
The Global Gender Gap 2010, World Economic Forum, Geneva, www.weforum.org
www.turkstat.gv.tr
Programme on the Elimination of Child Labour Report, IPEC/ILO, www.ilo.org
www.ituc-csi.org
www.ei-ie.org
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