Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Türkiye (Ratification: 1967)

Article 2 of the Convention. Human rights institutions. The Committee notes, from the report submitted by the Government to the Committee on the Elimination of Racial Discrimination (CERD), the establishment in June 2012 of the Turkish Human Rights Institution, which has administrative and financial autonomy and a wide mandate for the protection and promotion of human rights, including combating racial discrimination. The Parliament has also established the Ombudsman Institution, also in June 2012, with the function of reviewing and investigating complaints concerning the functioning of the administration. It examines complaints and carries out promotional activities (CERD/C/TUR/4-6, of 17 April 2014, paragraphs 49–612 and 185–189). The Committee requests the Government to provide further information on the functioning of the Turkish Human Rights Institution and the Ombudsman Institution, the obstacles they may face and the measures they have taken and decisions adopted with respect to the application of the Convention.

Equality between men and women. The Committee notes that, according to the Turkish Confederation of Employers’ Associations (TİSK), on 2 July 2013 the General Assembly adopted the Tenth Development Plan for the period 2014–18 which aims, among others, to increase the participation of women in decision-making mechanisms, employment and education, develop alternative models for work–life balance and improve childcare facilities. The Committee requests the Government to provide information on the effective implementation of the Tenth Development Plan and its impact on employment and access to education and vocational training of women. Moreover, noting that the Government provides no information in its report, the Committee requests the Government once again to indicate the measures adopted and the activities carried out by the Committee on Equality of Opportunities for Women and Men established in 2009.

Articles 1 and 2. Equality of opportunity and treatment in employment and occupation irrespective of race, colour and national extraction. The Committee notes with regret that, once again, the Government provides no information on the situation in employment and occupation of non-Muslim minorities, as well as Turkish citizens of Kurdish and Roma origin. The Committee referred previously in this respect to the absence of a broad legislative framework for the recognition of all minorities and the protection of their rights. The Committee notes, however, that in its report to the CERD, the Government provided information on several activities, meetings and projects aimed at increasing Roma inclusion in society carried out in the country. For example, in June 2012, the Ministry of Labour and Social Security launched the “Improving Social Inclusion and Access to the Labour Market for Disadvantaged Groups”, within which Roma are specifically targeted (CERD/TUR/4-6, of 17 April 2014, paragraphs 62–63). The Committee requests the Government to take measures to ensure that the existing legal framework covers all minorities, particularly non-Muslims and Turkish citizens of Kurdish and Roma origin, against discrimination in employment and occupation. The Committee also requests the Government to provide concrete information on any measures or activities undertaken to address the situation of these minorities, including awareness-raising campaigns. Please provide information on the impact of these measures on the inclusion of these minorities in the labour market.

Sexual harassment. In its previous comment, the Committee requested the Government to provide information on the manner in which sexual harassment is defined and interpreted at the national level, taking into account that neither sections 24 or 25 of the Labour Code, nor section 105 of the Penal Code, provide a definition of that term. The Committee notes the Government’s indication that the Supreme Court has issued several decisions on sexual harassment. TİSK also refers to these decisions. The Committee requests the Government to provide concrete information on the different decisions adopted by the Supreme Court, in particular, on the definition of sexual harassment at work, the persons responsible, the sanctions imposed and the remedies granted. Please also provide information on any measures taken to prevent and address sexual harassment in employment and occupation.

Employment restrictions. The Committee previously referred to section 79 of the Labour Code, which provides that “where an employee’s age, sex or health is incompatible with his employment in the establishment, he shall not be permitted to work”. The Government indicates that section 79 was repealed by section 37 of the Occupational Health and Safety Act (No. 6331). The Committee notes this information.