2010 ilerleme raporu - Avrupa Birliği Bakanlığı

As regards treatment of socially vulnerable and disabled persons and the principle of nondiscrimination,
an amendment to the Constitution paves the way for positive discrimination
for disabled. Access to education, health, social and public services for persons with
disabilities still remain critical issues, despite existence of legislation in this field. The
Government prepared a draft proposal establishing an anti-discrimination and equality board.
Provisions of the Turkish Criminal Code on ‘public exhibitionism’ and ‘offences against
public morality’ are sometimes used to discriminate against LGBTT people. The Law on
Misdemeanours is often used to impose fines against transgender persons.
With regard to the right to education, pre-school education enrolment rate for children
between 4 and 5 years of age increased to 39% in 2009-2010from 33% in 2008-2009. The
primary school enrolment rates (grades 1-8) rose for both boys and girls, virtually closing the
gender gap at national level in primary education. The Ministry of National Education has
developed an early-warning system for children at risk of dropping out. In secondary
education (grades 9-12), the net enrolment rate rose to 65% in 2009-2010 from 59% in 2008-
2009.However, close to 200,000 children – especially girls in some Eastern and South-eastern
provinces – are still out of school. As regards secondary education, there are large geographic
variations. There is also a significant gender gap, net enrolment rates being 67.55% among
boys and 62.21% among girls.
On the right to property, the Law on foundations has been implemented, albeit with some
delays and procedural problems. The Foundations Council acknowledged these problems and
tried to speed up procedures. However, this law does not address the issues of properties
seized and sold to third parties or of properties of foundations merged before the new
legislation was adopted. Syriacs continue to face difficulties in relation to property. A number
of court cases are in progress. In particular, the Mor Gabriel Syriac Orthodox monastery
continues to face problems with land ownership. Turkey needs to ensure full respect of the
property rights of all non-Muslim religious communities.
With regard to gender equality and women's rights, the legal framework is broadly in place
(see chapter 19 Social policy and employment). This framework has been strengthened
through the constitutional amendment permitting the adoption of positive discrimination
measures for women. However, sustained further efforts are needed to turn this legal
framework into political, social and economic reality. Honour killings, early and forced
marriages and domestic violence against women remain serious problems. Legislation needs
to be implemented consistently across the country. Further training and awareness-raising on
women’s rights and gender equality are needed.
As regards the rights of the child, there has been progress with the legal framework on
children’s rights, juvenile justice and the gender gap in primary education. Nevertheless,
efforts need to be further strengthened in all areas, including education, child labour, health,
juvenile justice, administrative capacity and coordination.
With regard to liberty and security and the right to a fair trial, there was some improvement as
regards access to justice in rural areas. However, access to free legal aid was limited
especially in the South-east. Provision of legal aid did was inadequate in terms of either its
coverage or the quality of services provided and there was no effective monitoring mechanism
that would ensure that problems are addressed. A law of July 2010 amending the Anti-Terror
Law and other laws provides that children accused of committing terror-related crimes will be
tried at juvenile courts. This applies even when such offences are committed together with
adults. In addition, children sentenced for propaganda for a terrorist organisation or for
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