Discrimination

Discrimination in Turkey’s Education System 19
Direct discrimination occurs when a person is
treated less favourably than another person in a
similar situation due to their colour, ethnic origin,
religion/belief/denomination, language or other
grounds. An example of this would be if a student
were excluded from school activities, placed in the
back row of the classroom or given a lower grade on
exams merely on the grounds of their ethnic origin
or beliefs.
Indirect discrimination occurs ‘where an apparently
neutral provision, criterion or practice would
put persons of a racial or ethnic origin at a particular
disadvantage compared with other persons,
unless that provision, criterion or practice is objectively
justified by a legitimate aim and the means of
achieving that aim are appropriate and necessary.’ 51
An example of this would be if a test given to all
students resulted in a situation in which students
whose mother tongue is different from the language
of the test and who have no or insufficient knowledge
of the official language receive lower grades.
Harassment, including psychological and sexual
harassment, refers to any form of intimidating,
degrading, humiliating or embarrassing behaviour
that takes place with the aim or result of violating
the dignity of another person. An example of
this would be if an Alevi or Christian student had
to contend with negative words or texts related to
their beliefs, or was the target of insults as a direct
result of their beliefs.
Discrimination by association occurs when, despite
not having a protected characteristic, a person
is discriminated against for their links with a
person or organization that has that characteristic.
An example of this would be if a non-Alevi student
were discriminated against for being friends with
an Alevi student.
Discrimination by perception occurs when, despite
not having a protected characteristic, an individual
or legal entity is discriminated against due
to a perception that they have that characteristic.
An example of this would be if a non-Laz student
faced harassment because they were assumed to be
of Laz origin due to the fact that they came from the
Black Sea region.
51 Council Directive 2000/43/EC of 29 June 2000,
Article 2.
Victimization refers to any kind of negative attitude
or behaviour targeting an individual who has
made a complaint about discriminatory attitudes or
behaviour, or towards persons participating in the
complaint process and those representing them,
due to their demands and complaints. An example
of this would be if a student who made a complaint
about discrimination at school was expelled from
school or was given a lower grade on an exam than
they deserved as a result of this complaint.
Segregation occurs when an individual is, as a
result of action or lack of action, kept separate from
others on the basis of one or more of the enumerated
grounds. An example of this would be if certain
students were taught in a separate class simply because
of their ethnic origin.
Here it is important to point out that for an act to
be considered discrimination, it is not necessary for
there to be intent to discriminate; it is enough for
one of the situations outlined above to occur. The
person or institution ordering a discriminatory act
is as responsible for the resulting situation as the
person or institution who carries out the act.
It is the general responsibility of states, individuals
and institutions to not carry out discriminatory
acts. However, in order to ensure the principle
of equality, states sometimes have to take special
measures through positive discrimination, and
some international agreements stipulate that states
should take special measures to ensure equality. 52
According to the CESCR, such measures taken in
the field of education do not constitute discrimination
provided they are discontinued after their objectives
have been achieved. 53
According to EU directives, when a situation
arises in which a person or institution who has filed
a complaint is subject to victimization, the burden
of proof is reversed. ECtHR decisions have also stipulated
that, under certain circumstances, the burden
of proof shifts to the defendant. 54
52 For example, FCNM, article 4; CERD, article 2/2;
CRC, article 4; and ECHR article 14.
53 CESCR General Comment No. 13, paragraph 32.
54 D.H. and Others v. Czech Republic, Application
No: 57325/00, Grand Chamber Judgment, 13
November 2007.