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The Constitution of the Republic of Turkey ( tr, Türkiye Cumhuriyeti Anayasası), also known as the Constitution of 1982, is
Turkey
Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
's
fundamental law. It establishes the organization of the government and sets out the principles and rules of the
state's conduct along with its responsibilities in regards to its
citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
s. The constitution also establishes the
rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical the ...
and responsibilities of the latter while setting the guidelines for the delegation and exercise of sovereignty that belongs to the
Turkish people
The Turkish people, or simply the Turks ( tr, Türkler), are the world's largest Turkic ethnic group; they speak various dialects of the Turkish language and form a majority in Turkey and Northern Cyprus. In addition, centuries-old ethnic ...
.
The constitution was ratified on 7 November 1982. It replaced the earlier
Constitution of 1961. The constitution was amended nineteen times, three of them through a referendum:
2007
File:2007 Events Collage.png, From top left, clockwise: Steve Jobs unveils Apple's first iPhone; TAM Airlines Flight 3054 overruns a runway and crashes into a gas station, killing almost 200 people; Former Pakistani Prime Minister of Pakistan, Pr ...
,
2010
File:2010 Events Collage New.png, From top left, clockwise: The 2010 Chile earthquake was one of the strongest recorded in history; The Eruption of Eyjafjallajökull in Iceland disrupts air travel in Europe; A scene from the opening ceremony of ...
,
2017
File:2017 Events Collage V2.png, From top left, clockwise: The War Against ISIS at the Battle of Mosul (2016-2017); aftermath of the Manchester Arena bombing; The Solar eclipse of August 21, 2017 ("Great American Eclipse"); North Korea tests a ser ...
, one of them partly through referendum:
1987
File:1987 Events Collage.png, From top left, clockwise: The MS Herald of Free Enterprise capsizes after leaving the Port of Zeebrugge in Belgium, killing 193; Northwest Airlines Flight 255 crashes after takeoff from Detroit Metropolitan Airport, k ...
. As of April 2016, 113 of the 177 articles of the Constitution of 1982 were amended overall.
History
The first constitution of the
Ottoman Empire
The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
was adopted in
1876
Events
January–March
* January 1
** The Reichsbank opens in Berlin.
** The Bass Brewery Red Triangle becomes the world's first registered trademark symbol.
* February 2 – The National League of Professional Base Ball Clubs i ...
and revised in
1908
Events
January
* January 1 – The British ''Nimrod'' Expedition led by Ernest Shackleton sets sail from New Zealand on the ''Nimrod'' for Antarctica.
* January 3 – A total solar eclipse is visible in the Pacific Ocean, and is the 46 ...
.
Since its founding, the modern Turkish state has been governed under four documents:
*The
Constitution of 1921,
*The
Constitution of 1924,
*The
Constitution of 1961, and,
*The current Constitution of 1982.
The current constitution was ratified by popular
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
during the
military junta of 1980-1983. Since its ratification in 1982, the current constitution has overseen many important events and changes in the Republic of Turkey, and it has been modified many times to keep up with global and regional geopolitical conjunctures. Major amendments were made in 2010. A minor amendment to Article 59, on the permissible means for challenging "decisions of sport federations relating to administration and discipline of sportive activities," was made in March 2011. Following the
2017 constitutional referendum, fundamental changes were introduced including changing the
parliamentary system
A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
in Turkey to a
presidential system
A presidential system, or single executive system, is a form of government in which a head of government, typically with the title of president, leads an executive branch that is separate from the legislative branch in systems that use separati ...
.
Overview
Part one: Founding principles
The Constitution asserts that Turkey is a
secular (
2.1
The Union Cycliste Internationale (UCI), the world's governing body in the sport of bicycle racing, classifies races according to a rating scale.
The rating is represented by a code made of two or three parts and indicates both the type or style ...
) and
democratic (
2.1
The Union Cycliste Internationale (UCI), the world's governing body in the sport of bicycle racing, classifies races according to a rating scale.
The rating is represented by a code made of two or three parts and indicates both the type or style ...
)
republic
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
(
1.1 1.1 may refer to:
* 1.1.1.1, a Domain Name System service
* 1.1-inch/75-caliber gun
* Falcon 9 v1.1 orbital launch vehicle
* Trabant 1.1, an automobile
* A one-day Category 1 race in the UCI race classifications system
* A software version number, ...
) that derives its
sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
(
6.1
Surround sound is a technique for enriching the fidelity and depth of Sound recording and reproduction, sound reproduction by using multiple audio channels from speaker (electronics), speakers that surround the listener (surround channels). It ...
) from the people. The sovereignty rests with the Turkish Nation, who delegates its exercise to an elected unicameral parliament, the
Turkish Grand National Assembly
The Grand National Assembly of Turkey ( tr, ), usually referred to simply as the TBMM or Parliament ( tr, or ''Parlamento''), is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Consti ...
.
The
Article 4 declares the immovability of the founding principles of the Republic defined in the first three Articles and bans any proposals for their modification. The
preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
also invokes the principles of
nationalism
Nationalism is an idea and movement that holds that the nation should be congruent with the State (polity), state. As a movement, nationalism tends to promote the interests of a particular nation (as in a in-group and out-group, group of peo ...
, defined as the "material and spiritual well-being of the Republic". The basic nature of Turkey is
laïcité (
2),
social equality
Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and ...
(
2),
equality before law
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic r ...
(
10),
the Republican form of government
A republic () is a "sovereign state, state in which Power (social and political), power rests with the people or their Representative democracy, representatives; specifically a state without a monarchy" and also a "government, or system of gov ...
(
1), the indivisibility of the Republic and of the Turkish Nation (
3.1)." Thus, it sets out to found a
unitary
Unitary may refer to:
Mathematics
* Unitary divisor
* Unitary element
* Unitary group
* Unitary matrix
* Unitary morphism
* Unitary operator
* Unitary transformation
* Unitary representation
* Unitarity (physics)
* ''E''-unitary inverse semigroup ...
nation-state
A nation state is a political unit where the state and nation are congruent. It is a more precise concept than "country", since a country does not need to have a predominant ethnic group.
A nation, in the sense of a common ethnicity, may inc ...
based on the principles of
secular democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
.
Fundamental Aims and Duties of the State is defined in
Article 5. Constitution establishes a
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
between the Legislative Power (
7.1
7.1 surround sound is the common name for an eight-channel surround audio system commonly used in home theatre configurations. It adds two additional speakers to the more conventional six-channel (5.1) audio configuration. As with 5.1 surround sou ...
), Executive Power (
8.1), and Judicial Power (
9.1) of the
state. The separation of powers between the
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
and the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dire ...
is a loose one, whereas the one between the executive and the legislative with the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
is a strict one.
Part Two: Individual and Group Rights
Part Two of the constitution is the
bill of rights.
Article Twelve guarantees "fundamental rights and freedoms", which are defined as including the:
*
Article 17: Personal Inviolability, Material and Spiritual Entity of the Individual (
right to life
The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as ...
)
*
Article 18: Prohibition of Forced Labour
*
Article 19: Personal Liberty and Security (
security of person Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, th ...
)
*
Article 20: Privacy of Individual Life
*
Article 21: Inviolability of the Domicile
*
Article 22: Freedom of Communication
*
Article 23: Freedom of Residence and Movement
*
Article 24: Freedom of Religion and Conscience
*
Article 25
Article 25 is a UK-based international NGO and registered charity that manages sustainable architecture projects in areas of extreme poverty and disaster. Article 25 works with other INGO partners to design and deliver hospitals, schools and ho ...
: Freedom of Thought and Opinion
*
Article 26: Freedom of Expression and Dissemination of Thought
*
Article 27: Freedom of Science and the Arts
*
Article 35:
Right to property
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically h ...
Article Five of the Constitution sets out the ''
raison d'être'' of the Turkish state, namely "to provide the conditions required for the development of the individual's material and spiritual existence".
Many of these entrenched rights have their basis in international
bills of rights, such as the
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
, which Turkey was one of the first nations to ratify in December 1948.
Equality of citizens
![Constitutional_Court_of_Turkey](https://upload.wikimedia.org/wikipedia/commons/3/3b/Constitutional_Court_of_Turkey.jpg)
Besides the provisions establishing Turkey as a secular state,
Article 10 goes further with regards to equality of its citizens by prohibiting any discrimination based on their "
language
Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...
,
race,
color
Color (American English) or colour (British English) is the visual perceptual property deriving from the spectrum of light interacting with the photoreceptor cells of the eyes. Color categories and physical specifications of color are associ ...
,
sex
Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones (ova, oft ...
,
political opinion
An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements.
Definition
A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with f ...
, philosophical convictions or
religious beliefs
A belief is an attitude that something is the case, or that some proposition is true. In epistemology, philosophers use the term "belief" to refer to attitudes about the world which can be either true or false. To believe something is to take i ...
" and guaranteeing
their equality in the eyes of the law. Borrowing from the French Revolutionary ideals of the nation and the Republic, Article 3 affirms that "The Turkish State, with its territory and nation, is an indivisible entity. Its language is
Turkish
Turkish may refer to:
*a Turkic language spoken by the Turks
* of or about Turkey
** Turkish language
*** Turkish alphabet
** Turkish people, a Turkic ethnic group and nation
*** Turkish citizen, a citizen of Turkey
*** Turkish communities and mi ...
". Article 66 defines a Turkish civic identity: "everyone bound to the Turkish state through the bond of citizenship is a Turk".
Freedom of expression
Article 26 establishes
freedom of expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
and Articles 27 and 28 the freedom of the press, while Articles 33 and 34 affirm the freedom of association and
freedom of assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
, respectively.
Group rights
Classes are considered irrelevant in legal terms (A10). The Constitution affirms the right of
workers to form
labor union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
s "without obtaining permission" and "to possess the right to become a member of a union and to freely withdraw from membership" (A51). Articles 53 and 54 affirm the right of workers to
bargain collectively
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
and to
strike, respectively.
Part three: Fundamental organs
Legislative power
Article Seven provides for the establishment of a
unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one.
Unicameral legislatures exist when there is no widely perceived need for multic ...
parliament as the sole organ of expression of sovereign people. Article Six of the Constitution affirms that "sovereignty is vested fully and unconditionally in the nation" and that "the Turkish Nation shall exercise its sovereignty through the authorised organs as prescribed by the principles laid down in the Constitution". The same article also rules out the delegation of sovereignty "to any individual, group or class" and affirms that "no person or agency shall exercise any state authority which does not emanate from the Constitution". Article 80 (A80) affirms the principle of
national sovereignty: "members of the Turkish Grand National Assembly represent, not merely their own
constituencies or
constituents, but the
Nation
A nation is a community of people formed on the basis of a combination of shared features such as language, history, ethnicity, culture and/or society. A nation is thus the collective identity of a group of people understood as defined by those ...
as a whole".
''Part Three, Chapter One'' (Articles 75-100) sets the rules for the
election
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has opera ...
and functioning of the Turkish Grand National Assembly as the legislative organ, as well as the conditions of eligibility (A76),
parliamentary immunity
Parliamentary immunity, also known as legislative immunity, is a system in which politicians such as president, vice president, governor, lieutenant governor, member of parliament, member of legislative assembly, member of legislative council, s ...
(A83) and general legislative procedures to be followed. Per Articles 87 and 88, both the government and the parliament can propose laws, however it is only the parliament that has the power to enact laws (A87) and ratify
treaties
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
of the Republic with other sovereign states (A90).
The
President of the Republic is elected by the parliament and has a largely ceremonial role as the
Head of State
A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...
, "representing the Republic of Turkey and the unity of the Turkish Nation" (A104).
Judiciary
![PalaceOfJusticeIstanbul_(1)](https://upload.wikimedia.org/wikipedia/commons/e/ea/PalaceOfJusticeIstanbul_%281%29.jpg)
Article Nine affirms that the "
judicial power
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
shall be exercised by independent
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
s on behalf of the Turkish Nation". ''Part Four'' provides the rules relating to their functioning and guarantees their full independence (A137-140). The judiciary conforms to the principle of
separation of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
not only through its independence from the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dire ...
and
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known as p ...
branches of government but by being divided into two entities,
Administrative Justice and Judicial Justice, with the ''
Danıştay'' (The Council of State) the
highest court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
for the former (A155) and ''
Yargıtay'' (High Court of Appeals) the highest court for the latter (154).
''Part Four, Section Two'' allows for a
Constitutional Court that rules on the conformity of
laws
Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
and
governmental decrees to the Constitution. It may hear cases referred by the President of the Republic, the government, the
members of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
(A150) or any
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
before whom a constitutional issue has been raised by a
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
or a
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
(A152). The Constitutional Court has the right to both ''a priori'' and ''a posteriori'' review (respectively, before and after enactment), and can invalidate whole laws or decrees and ban their application for all future cases (A153).
Executive
Per Article Eight, the executive power is vested in the President of the Republic and the Council of Ministers. ''Part Three, Chapter One, Section Two'' (Articles 109-116) lays out the rules for the confirmation and functioning of the executive, consisting of the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
and the
Council of Ministers
A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
(A109).
''Part Three, Chapter Two, Section Four'' organizes the functioning of the central administration and certain important institutions of the Republic such as its
universities
A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, t ...
(A130-132),
local administrations (A127), fundamental
public services (A128) and
national security
National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
(A117-118). Article 123 stipulates that "the organisation and functions of the administration are based on the principles of
centralization
Centralisation or centralization (see spelling differences) is the process by which the activities of an organisation, particularly those regarding planning and decision-making, framing strategy and policies become concentrated within a particu ...
and local administration".
= National security
=
The
Turkish Armed Forces
The Turkish Armed Forces (TAF; tr, Türk Silahlı Kuvvetleri, TSK) are the military forces of the Republic of Turkey. Turkish Armed Forces consist of the General Staff, the Land Forces, the Naval Forces and the Air Forces. The current Chi ...
(TAF) are subordinate to the President, in the capacity of Commander-in-Chief. The
Chief of General Staff of the TAF is responsible to the Prime Minister in the exercise of his functions, and the latter is responsible, along with the rest of the Council of Ministers, before the parliament (A117).
National Security Council
A national security council (NSC) is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security. An NSC is often headed by a na ...
is an advisory organization, comprising the
Chief of General Staff and the four main Commanders of the TAF and select members of the Council of Ministers, to develop the "national security policy of the state" (A118).
Revision and amendments
In Article 175, it also sets out the procedure of its own
revision
Revision is the process of revising.
More specifically, it may refer to:
* Patch (computing), Update, a modification of software or a database
* Revision control, the management of changes to sets of computer files
* ''ReVisions'', a 2004 antholo ...
and amendment by either
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
or a
qualified majority vote of 2/3 in the National Assembly. It does not recognize the right to popular initiatives: Only the members of Parliament can propose modifications to the Constitution.
A revision of the Constitution was approved on September 13, 2010 by a 58 percent approval given by the 39 million people who voted. The change would allow the National Assembly to appoint a number of high-court judges, would reduce the power of the military court system over the civilian population and would improve human rights. The changes also remove the immunity from prosecution the former leaders of the early 1980s military coup gave themselves.
Critique
Ethnic rights
The Constitution of 1982 has been criticized as limiting individual cultural and political
liberties in comparison with the previous
constitution of 1961. Per the
Treaty of Lausanne
The Treaty of Lausanne (french: Traité de Lausanne) was a peace treaty negotiated during the Lausanne Conference of 1922–23 and signed in the Palais de Rumine, Lausanne, Switzerland, on 24 July 1923. The treaty officially settled the conflic ...
which established the Turkish Republic, legally, the only minorities are
Greeks
The Greeks or Hellenes (; el, Έλληνες, ''Éllines'' ) are an ethnic group and nation indigenous to the Eastern Mediterranean and the Black Sea regions, namely Greece, Cyprus, Albania, Italy, Turkey, Egypt, and, to a lesser extent, oth ...
,
Armenians
Armenians ( hy, հայեր, ''hayer'' ) are an ethnic group native to the Armenian highlands of Western Asia. Armenians constitute the main population of Armenia and the ''de facto'' independent Artsakh. There is a wide-ranging diaspora ...
and
Jews
Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""The ...
, which also have certain privileges not recognized to other ethnic communities, per the treaty. According to the European Union, the constitution denies the fundamental rights of the
Kurdish
Kurdish may refer to:
*Kurds or Kurdish people
*Kurdish languages
*Kurdish alphabets
*Kurdistan, the land of the Kurdish people which includes:
**Southern Kurdistan
**Eastern Kurdistan
**Northern Kurdistan
**Western Kurdistan
See also
* Kurd (dis ...
population because some articles, especially article 42, are against minority rights.
The
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
’s European Commission against Racism and Intolerance (ECRI) published its third report on Turkey in February 2005. The commission has taken the position that the parliament should revise Article 42 of the Constitution, which prohibits the teaching of any language other than Turkish as a
first language
A first language, native tongue, native language, mother tongue or L1 is the first language or dialect that a person has been exposed to from birth or within the critical period. In some countries, the term ''native language'' or ''mother tongu ...
in schools. The Turkish constitutional
principle
A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a Legal rule, rule that has to be or usually is to be followed. It can be desirably followed, or it can be an inevitable consequence of something, suc ...
of not allowing the teaching of other languages as first languages in schools to its
citizens
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
, other than the
official one is criticized by the EU, human rights organizations and minorities of Turkey.
The
Kurds ug:كۇردلار
Kurds ( ku, کورد ,Kurd, italic=yes, rtl=yes) or Kurdish people are an Iranian ethnic group native to the mountainous region of Kurdistan in Western Asia, which spans southeastern Turkey, northwestern Iran, northern Ir ...
, who comprise between 10 and 20% of the Turkish population are not allowed to get education in their mother tongue because of this article.
Currently
Circassian,
Kurdish
Kurdish may refer to:
*Kurds or Kurdish people
*Kurdish languages
*Kurdish alphabets
*Kurdistan, the land of the Kurdish people which includes:
**Southern Kurdistan
**Eastern Kurdistan
**Northern Kurdistan
**Western Kurdistan
See also
* Kurd (dis ...
,
Zaza
Zaza may refer to:
Ethnic group
* Zazas, a group of people in eastern Anatolia (southeastern Turkey)
* Zaza–Gorani languages, Indo-Iranian languages
** Zaza language, spoken by the Zazas
People Given name
* Zaza Sor. Aree (born 1993), Thai k ...
,
Laz languages can be chosen as lessons in some public schools. Since 2003, private courses teaching minority languages can be offered, but the curriculum, appointment of teachers, and criteria for enrollment are subject to significant restrictions. All private Kurdish courses were closed down in 2005 because of bureaucratic barriers and the reluctance of Kurds to have to "pay to learn their mother tongue." In 2015, only 28 schools provided
Kurdish
Kurdish may refer to:
*Kurds or Kurdish people
*Kurdish languages
*Kurdish alphabets
*Kurdistan, the land of the Kurdish people which includes:
**Southern Kurdistan
**Eastern Kurdistan
**Northern Kurdistan
**Western Kurdistan
See also
* Kurd (dis ...
language as a selective course. Also, neither private nor public schools are still allowed to use Kurdish language or other languages than Turkish as a first language.
Freedom of expression
The constitution grants freedom of expression, as declared in
Article 26.
Article 301 of the Turkish penal code
Article 301 is an article of the Turkish Penal Code making it illegal to insult Turkey, the Turkish nation, Turkish government institutions, or Turkish national heroes such as Mustafa Kemal Atatürk. It took effect on June 1, 2005, and was introd ...
states that "A person who publicly
denigrates the Turkish Nation, the Republic or the
Grand National Assembly of Turkey
The Grand National Assembly of Turkey ( tr, ), usually referred to simply as the TBMM or Parliament ( tr, or ''Parlamento''), is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Consti ...
, shall be punishable by imprisonment of between six months and three years" and also that "Expressions of thought intended to criticise shall not constitute a crime".
Orhan Pamuk's remark "One million Armenians and 30,000 Kurds were killed in these lands, and nobody but me dares talk about it" was considered by some to be a violation of Article 10 of the Constitution and led to his trial in 2005. The complaint against Orhan Pamuk was made by a group of lawyers led by
Kemal Kerinçsiz Kemal Kerinçsiz (born February 20, 1960 in Edirne, Turkey) is a Turkish nationalist lawyer, famous for filing complaints against more than 40 Turkish journalists and authors (including Orhan Pamuk, Elif Şafak, and the late Hrant Dink) for "insult ...
and charges filed by a district prosecutor under the Article 301 of the Turkish Penal Code. Pamuk was later released and charges annulled by the
justice ministry
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
on a technicality. The same group of lawyers have also filed complaints against other lesser-known authors on the same grounds. Kerinçsiz was indicted in the 2008
Ergenekon investigation
Ergenekon () was the name given to an alleged clandestine, secular Ultranationalism, ultra-nationalist organization in Turkey with possible ties to members of the country's Turkish Armed Forces, military and Law enforcement in Turkey, security ...
, along with many others.
Political parties
Forming a political party without prior permission is guaranteed in
Article 68, but the
Interior Ministry
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministry ...
may delay registering a new party for years, so the party cannot stand in elections.
Influence of the military
Although modified several times in the last three decades, specifically within the framework of
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
reforms, the 1982 constitution is also criticised for giving the military too much influence in political affairs via the
National Security Council
A national security council (NSC) is usually an executive branch governmental body responsible for coordinating policy on national security issues and advising chief executives on matters related to national security. An NSC is often headed by a na ...
.
Turkish Armed Forces
The Turkish Armed Forces (TAF; tr, Türk Silahlı Kuvvetleri, TSK) are the military forces of the Republic of Turkey. Turkish Armed Forces consist of the General Staff, the Land Forces, the Naval Forces and the Air Forces. The current Chi ...
see themselves as the guardians of the secular and unitary nature of the Republic along with
Atatürk's reforms and have intervened by taking over the government three times:
[Serra Cremer, A]
Turkey Between the Ottoman Empire and the European Union: Shifting Political Authority Through the Constitutional Reform
''Fordham International Law Journal''. Volume 35, Issue 1, 2016 p. 282, 297, 298 in 1960,
in 1971 and
in 1980.
See also
*
1982 Turkish constitutional referendum
A constitutional referendum was held in Turkey on 7 November 1982. The new constitution was approved by 91.4% of voters, with a 91.3% turnout.
Background
In 1980 the Grand National Assembly was scheduled to elect a new President to replace Fahr ...
*
2007 Turkish constitutional referendum
A constitutional referendum on electoral reform was held in Turkey on 21 October 2007. After the aborted attempt to elect the next president in May 2007, the government of Recep Tayyip Erdoğan introduced substantial electoral reforms in parliame ...
*
2010 Turkish constitutional referendum
A constitutional referendum on a number of changes to the constitution was held in Turkey on 12 September 2010. The results showed the majority supported the constitutional amendments, with 58% in favour and 42% against.[2017 Turkish constitutional referendum
A constitutional referendum was held in Turkey on 16 April 2017 on whether to approve 18 proposed amendments to the Turkish constitution that were brought forward by the governing Justice and Development Party (AKP) and the Nationalist Movement ...]
References
Further reading
*
The current constitutionfrom the
Turkish Grand National Assembly
The Grand National Assembly of Turkey ( tr, ), usually referred to simply as the TBMM or Parliament ( tr, or ''Parlamento''), is the unicameral Turkish legislature. It is the sole body given the legislative prerogatives by the Turkish Consti ...
.
External links
Turkish Constitutional Law Materials in Englishb
Professor of Constitutional Law,
Uludag University Law School.
{{Secularism in Turkey
Law of Turkey
Politics of Turkey
Government of Turkey
Legal history of Turkey
1982 in law
1982 in Turkey