Contemporary Applications of Prohibition of Discrimination in Turkish Constitutional Court Decisions
Streszczenie
It is clear that the prohibition of discrimination and the
principle of equality are one of the most important principles of human
rights. Today, since the number of discrimination issues has increased
in the usual flow of life, the matter of how far the valid law can protect
individual, who constitutes the core of the society from discrimination is
controversial. In Turkish Constitution, there is no independent article
which orders the prohibition of discrimination. Cases which relate to the
discrimination are considered with the principle of equality in Article 10.
The scope of the present paper is to show how the prohibition of discrimination is embodied in Turkish Constitutional Court’s approach and its
historical background. Secondarily, the Turkish Constitutional Court’s
approach regarding these issues are emphasized and to what extent the
decisions given by the Turkish Constitutional Court are similar to the
decisions given by ECHR are argued. Comparative and historical method
will be used in this paper.