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Turkey - Initial reports submitted by States parties under articles 16 and 17 of the Covenant [2010] UNCESCRSPR 3; E/C.12/TUR/1 (28 January 2010)

	United Nations	E/C.12/TUR/1
	Economic and Social Council		Distr.: General 28 January 2009 Original: English

Committee on Economic, Social and Cultural Rights

Substantive session of 2011

Implementation of the International Covenant on Economic, Social and Cultural Rights

Initial reports submitted by States parties under articles 16 and 17 of the Covenant

Turkey[*] [**]

[25 June 2008]

Contents

Paragraphs Page

List of abbreviations

Introduction 1–4 8

Article 1 5–10 8

Article 2 11–65 9

Article 3 66–127 19

Article 6 128–144 28

Article 7 145–184 34

Article 8 185–236 42

Article 9 237–285 52

Article 10 286–374 59

Article 11 375–445 71

Article 12 446–514 88

Article 13 515–637 109

Article 14 638 134

Article 15 639–759 134

Annexes

I Declarations and Reservation Made by the Republic of Turkey Upon the Ratification

of the International Covenant on Economic, Social and Cultural Rights

II Labour Law No. 4857

III Law No. 4817 on the Work Permit for Foreigners

IV Trade Unions Act No. 2821

V Trade Unions Law for Civil Servants No. 4688

VI Collective Labour Agreement, Strike and Lock-out Act No. 2822

VII-a Unionization in Turkey (1996–2006)

VII-b Number of Workers’ and Employers’ Trade Unions and Confederations (1996–2004)

VII-c Workers’ and Employers’ Trade Unions (As of July 2006)

VII-d Civil Servants’ Trade Unions (As of July 2006)

VII-e Civil Servants’ Trade Union Confederations

VIII Social Insurance Act No. 506

IX Population Covered by Social Security Schemes (1975–2004)

X Budget Transfers to Social Security Institutions (2000–2006)

XI Population and Development Indicators (1990–2007)

XII Economic Indicators of Turkey (2001–2007)

XIII-a Distribution of Cancer Cases According to Age and Gender (1999)

XIII-b Cancer Cases According to Regions and Gender (1999)

List of tables

1 Turkish development assistance (1997–2004) (million USD)

2 Turkish development assistance (2005) (million USD)

3 Distribution of bilateral official development assistance by sector (2005) (million USD)

4 New registration rates among girls through the campaign “Let’s go to school, girls!”

5 Employment of the general population (1995, 2000, 2004)

6 Employment of women (1995, 2000, 2004)

7 Employment of the young population (15–24 years) (1995, 2000, 2004)

8 Employment of elderly people (65 years and above) (1995, 2000, 2004)

9 Employment of the disabled

10 Employment of the urban population (1995, 2000, 2004)

11 Employment of the rural population (1995, 2000, 2004)

12 Minimum wages (1999–2008)

13 Occupational accidents and diseases (1999–2003)

14 Trade union confederations

15 People benefited from the allowances distributed through the Social Services Provincial Directorates (1995–2007)

16 Number of children and teenagers at the orphanages of the SHCEK and their reasons for staying

(19952005)

17 Selected income distribution and poverty indicators (%) (2002–2004)

18 Poverty ratios with different methodologies (2002–2005)

19 Poverty rates according to gender and educational status of the household members (2002–2005)

20 Daily energy intake per person (1998)

21 Regional consumption rates of food groups (1998)

22 Rate of food expenditure over total income according to regions (1999)

23 Legislation regarding the right to adequate housing

24 Production of residential housing (number of flats) (1955–2005)

25 Share of the cooperatives in the production of licensed housing (1958–2005)

26 Actors in health care in Turkey

27 Public primary and preventive health care facilities (2000, 2002)

28 Number of hospitals (1994–2004)

29 Number of hospital beds (1994–2004)

30 Health expenditure (I) (1994–2004)

31 Health expenditure (II) (1994–2004)

32 Budget of the Ministry of Health (1996–2005)

33 Distribution of the budget of the Ministry of Health (2002)

34 Infant and child mortality (1998, 2003)

35 Early childhood mortality rates by socio-economic characteristics (TDHS 2003)

36 Distribution of main death causes of children under 5 years old (2005)

37 Vaccinations by background characteristics (children of 12–23 months) (TDHS 2003)

38 Antenatal care (TDHS 2003)

39 Assistance during delivery (TDHS 2003)

40 Distribution of main causes of death (2005)

41 Mental health disorders (1996)

42 Source of drinking water (TDHS 2003)

43 Access to drinking water in villages (I) (1999–2005)

44 Access to drinking water in villages (II) (2005)

45 Sanitation facilities (TDHS 2003)

46 Average cost of a student, contributions of the student and the State (2005/2006 academic year)

47 Scholarships and education credits provided by the General Directorate of Higher Education Credit and

Hostels Institution (as of October 2006)

48 Special education institutions (2006/2007 academic year)

49 Private education institutions (2006/2007 academic year)

50 Enrolment rates in Turkey (%) (1997/2007)

51 Number of schools, students and teachers by level of education (2006/2007 academic year)

52 Trainees enrolled in adult education and permanent education (2005)

53 Budget of the Ministry of National Education (1997/2007)

54 Investment budget of the Ministry of National Education (1997/2007)

55 Support to education by public and Special Provincial Administrations (1997/2006)

56 Classrooms built (2003/2006)

57 Academic research and development supported by the TUBITAK (2000/2006)

List of figures

I Purpose of usage of the buildings (2000)

II Trends in infant and child mortality (1993, 1998, 2003)

III Notified cancer cases (1983–1999)

IV AIDS cases (1985–2002)

V Turkish education system (I)

VI Turkish education system (II)

VII Number of scientists supported by the TUBITAK (2000–2006)

VIII Amount of financial contribution to scientists by the TUBITAK (2000–2006)

List of abbreviations

ACEP Mother-Child Education Programme

AIDS Acquired Immune Deficiency Syndrome

ASTC Association of Science-Technology Centres

BADEP Father Support Programme

BAG-KUR Social Security Organisation for Craftsmen and Artisans and the Self-Employed

BEP Basic Education Programme

BSEC Black Sea Economic Cooperation

BTP-UP Science and Technology Policy Implementation Plan

BTYK High Commission of Science and Technology

CAHTEH Ad Hoc Committee on Action against Trafficking in Human Beings

CD Compact Disk

CDNL Conference of Directors of National Libraries

CEDAW United Nations Convention on the Elimination of All Forms of Discrimination

CENL Conference of European National Librarians

COMLIS Congress of Muslim Librarians and Information Scientists

COST European Cooperation in the field of Scientific and Technical Research

CRC United Nations Convention on the Rights of the Child

DALY Disability Adjusted Life Year

DBA Deducted Budget Allowance

DSI Public Waterworks Administration

DVD Digital Versatile Disc

EBRD European Bank for Reconstruction and Development

ECRI European Committee against Racism and Intolerance

ESA European Space Agency

ESF European Science Foundation

EU European Union

FAO Food and Agriculture Organisation

FID International Federation for Information and Documentation

FISAUM Research Centre of Intellectual and Industrial Property

GAP Southeast Anatolian Project

GDP Gross Domestic Product

GNP Gross National Product

HACCP Hazard Analysis and Critical Control Point

HIV Human Immunodeficiency Virus

ICESCR United Nations International Covenant on Economic, Social and Cultural Rights

ICERD United Nations International Convention on the Elimination of all Forms of Racial Discrimination

ICMPD International Centre for Migration Policy Development

ICPD International Conference on Population and Development

IEA International Energy Agency

IFAD International Fund for Agricultural Development

IFLA International Federation of Library Associations

ILO International Labour Organisation

INTAS International Association for the Promotion of Cooperation with Scientists from the New Independent States of the Former Soviet Union

INWRDAM Inter-Islamic Network on Water Resources Development and Management

IOM International Organisation for Migration

IPEC International Programme on the Elimination of Child Labour

ISBN International Standard Book Number

ISCED International Standard Classification of Education

ISKUR Turkish Employment Organisation

ISS International Social Service

ISSN International Standard Serial Number

KIHEP Women’s Human Rights Education Programme

MEDA European Union Mediterranean Programme

MEGEP Project of Strengthening the Vocational Education

METU Middle East Technical University

MOH Ministry of Heath

NATO North Atlantic Treaty Organisation

NGO Non-governmental Organisation

ODA Official Development Assistance

OECD Organisation for Economic Cooperation and Development

OECD-DAC Development Assistance Committee of the Organisation for Economic Cooperation and Development

OIC Organization of Islamic Conference

OSCE Organisation for Security and Cooperation in Europe

RTUK Radio and Television Supreme Council

SBEP Support to Basic Education Programme

SEP Secondary Education Project

SHCEK General Directorate of Social Services and Child Protection Agency

SPO State Planning Organisation

SSK Social Security Organisation

SYDGM Directorate General of Social Assistance and Solidarity

TARAL Turkish Research Area

TDHS Turkish Demographic and Health Survey

TEDA Translation Subvention Project

TIKA Turkish International Cooperation and Development Agency

TL Turkish Lira

TOBB Turkish Union of Chambers and Stock Exchanges

TOKI Housing Development Administration

TRT Turkish Radio Television

TSE Turkish Standards Institution

TUBITAK Scientific and Technological Research Council of Turkey

TURKSOY Joint Administration of Turkic Culture and Art

TURKSTAT Turkish Statistical Institute

UN United Nations

UNESCO United Nations Educational, Scientific and Cultural Organisation

UNFPA United Nations Population Fund

UNHCR United Nations High Commissioner for Refugees

UNICEF United Nations Children’s Fund

UNIDO United Nations Industrial Development Organisation

USD United States Dollar

VCD Video Compact Disk

WHO World Health Organisation

WIPO World Intellectual Property Organisation

WTO World Trade Organisation

YTL New Turkish Lira

Introduction

1. Turkey ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) on 4 June 2003. The instrument of ratification was deposited on 23 September 2003, and in accordance with its Article 27, the Covenant entered into force for Turkey on 24 December 2003. In its instrument of ratification, Turkey conditioned its ratification upon three declarations and one reservation, which are listed in Annex I.

2. According to Article 90 of the Turkish Constitution, international agreements duly put into effect bear the force of law and no appeal to the Constitutional Court can be made with regard to these agreements on the grounds that they are unconstitutional. Once the ratification process is completed, international agreements become part of the domestic legislation and applicable in national law. As such, the ICESCR has direct effect in Turkish law and its provisions may be directly invoked before national courts. Besides, in case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and domestic law due to differences in provisions on the same matter, the provisions of international agreements shall prevail. Turkey has the honour to present its initial report to the Committee on Economic, Social and Cultural Rights in accordance with Articles 16 and 17 of the ICESCR.

3. This Report, which contains data mostly from the 1990s till the first half of 2008, where available, has been prepared under the coordination of the Ministry of Foreign Affairs with the contribution of the relevant ministries and public institutions, namely the Ministry of Justice, the Ministry of Interior, the Ministry of National Education, the Ministry of Public Works and Settlement, the Ministry of Health, the Ministry of Agriculture and Rural Affairs, the Ministry of Labour and Social Security, the Ministry of Industry and Trade, the Ministry of Culture and Tourism, the Ministry of Environment and Forestry, the Prime Ministry Human Rights Presidency, the Prime Ministry General Directorate on the Status of Women, the Prime Ministry General Directorate of Social Services and Child Protection Agency, the Prime Ministry General Directorate of Social Assistance and Solidarity, the Prime Ministry General Directorate of Family and Social Research, the State Planning Organisation, the Turkish Statistical Institute, the Turkish International Cooperation and Development Agency, the Radio and Television Supreme Council, the Scientific and Technological Research Council of Turkey and the Housing Development Administration.

4. For general factual information and statistics concerning Turkey, as well as the general framework for the protection and promotion of human rights, the Common Core Document of Turkey can be referred to.

Article 1

5. Turkey subscribes to the principles set forth in the International Covenant on Economic, Social and Cultural Rights.

6. The Republic of Turkey was established on 29 October 1923. The Turkish Republic is a democratic, secular and social state governed by the rule of law, respecting human rights, loyal to the nationalism of Atatürk, founder of modern Turkey, in the spirit of public peace, national solidarity and justice.

7. The Republic of Turkey is an indivisible entity with its territory and nation. Sovereignty is vested fully and unconditionally in the nation. This sovereignty is exercised by the Turkish nation through the authorized organs as set forth in the Constitution.

8. The Turkish nation is composed of citizens equal before the law irrespective of their origins. In the context of the Turkish nation, common denominator is citizenship. Every citizen has the right and power to lead an honourable life and to enhance his/her material and spiritual well-being in national culture, civilization and law order, by benefiting fundamental rights and freedoms set forth in the Constitution, in line with the principle of equality and social justice. Every Turkish citizen has effective access to government to pursue their political, economic, cultural and social development.

9. Furthermore, equality before the law is established as a general principle by the Constitution. All individuals are equal without any discrimination before the law, irrespective of language, race, colour, gender, political opinion, philosophical belief, religion and sect, or any such considerations. State organs and administrative authorities act in compliance with the principle of equality before the law in all their proceedings.

10. The political life in Turkey is run by the system of pluralistic democracy based on the rule of law and respect for human rights. The Turkish electoral system based on universal suffrage is open to all adult citizens, the requirements of which are determined by the Constitution and the relevant legislation.

Article 2

Non-discrimination

11. Turkey is fully committed to the fight against all kinds of discrimination. Recognizing the fact that the main responsibility lies with governments for safeguarding and protecting the rights of individuals against acts of discrimination, Turkey incorporated sound and effective measures into its legislation concerning non-discrimination. Turkey is party to fundamental international conventions that contain provisions on the prohibition of discrimination, such as International Covenant on Civil and Political Rights, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of Child, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, European Social Charter, and European Convention on Human Rights and its protocols.

Legal framework

12. In Turkey, all individuals are equal before the law, enjoy the same rights and have the same obligations without discrimination. Acts of discrimination are prohibited and penalized by law.

13. Article 10 of the Constitution of the Republic of Turkey guarantees equality before the law:

All individuals are equal without any discrimination before the law, irrespective of language, race, colour, gender, political opinion, philosophical belief, religion and sect, or any such considerations

Men and women have equal rights. The State shall have the obligation to ensure that this equality exists in practice

No privilege shall be granted to any individual, family, group or class

State organs and administrative authorities shall act in compliance with the principle of equality before the law in all their proceedings

14. The Constitution, by referring to “or any such considerations”, empowers the judiciary with a wide discretion on its judgment of cases of inequality.

15. The state system is based on the principle of constitutional/territorial nationalism. The concept of citizenship is defined in Article 66 of the Constitution on the ground of legal bond without any reference to ethnic, linguistic or religious origin. According to this Article, “everyone bound to the Turkish State through the bond of citizenship is a Turk”. The Constitution does not provide any definition of racial or ethnic connotation for being a “Turk”. On the contrary, Article 66 depicts a purely legal definition and does not provide for a kinship based on “blood”. The term “Turk” is the reflection of the national identity of all citizens in Turkey irrespective of their origins.

16. The idea conveyed in Article 66 of the Constitution fully reflects the main philosophy of the Republic. This philosophy makes no discrimination between the citizens of the Republic on the grounds of ethnicity, religion or race. No importance is attached to a citizen’s racial or ethnic background since the definition of a common identity on the nationhood and conscience on territorial (and not on blood) basis in line with the principle of citizenship has been adopted with the establishment of the Republic.

17. Turkish nation is not a juxtaposition of communities or groups. It is composed of citizens, who are equal before the law irrespective of their origins in terms of language, race, colour, ethnicity, religion or any other such particularity, and whose fundamental rights and freedoms are enjoyed and exercised individually in accordance with the relevant law.

18. Similarly, fundamental rights and freedoms set forth in the Constitution do not lead to any distinction between Turkish citizens and foreigners. Fundamental rights and freedoms are in principle recognized for everybody regardless of citizenship in line with Article 10 of the Constitution. Article 16 of the Constitution stipulates that the fundamental rights and freedoms of foreigners can only be limited by law in accordance with international law. Political rights (right to vote and to be elected, right to form political parties and to become their members) and the right to enter into public service are solely vested with Turkish citizens.

19. The fundamental rights and freedoms are guaranteed in the Constitution with the provisions concerning inviolability of human being, his/her material and moral identity, prohibition of torture, ill treatment and degrading treatment (Article 17), prohibition of forced labour (Article 18), personal liberty and security (Article 19), privacy of individual life (Article 20), inviolability of the domicile (Article 21), freedom of communication (Article 22), freedom of residence and movement (Article 23), freedom of religion and conscience (Article 24), freedom of thought and opinion (Article 25), freedom of expression (Article 26), freedom of science and the arts (Article 27) freedom of association (Article 33), right to hold meetings and demonstration marches (Article 34), property rights (Article 35), freedom to claim rights (Article 36), guarantee of lawful judgment (Article 37), principles relating to offences and penalties (Article 38), right to request prompt access to the competent authorities for everyone whose constitutional rights and freedoms have been violated (Article 40).

20. Basic social rights are also guaranteed in the Constitution without any reference to citizenship. Some of these rights are right and duty of training and education (Article 42), freedom to work and conclude contracts (Article 48), right to rest and leisure (Article 50), right to organise labour unions (Article 51), right to live in a healthy and balanced environment (Article 56) and right to social security (Article 60).

21. Article 16 of the Constitution stipulates that the fundamental rights and freedoms of foreigners may be restricted by law in a manner consistent with international law. These restrictions concern in particular the political rights. Article 67 of the Constitution reserves the right to vote and to be elected only to Turkish citizens. The same also applies for the right to form political parties and to become a member of them (Article 68). Moreover, only citizens have the right to join public services.

22. The principle of equality is enshrined in various other laws regulating specific areas of political, social and economic life. There are specific laws such as the Civil Code (Article 8 — principle of equality in capacity of persons as subject to rights), the Law on Social Services and Child Protection (Article 4 — non-discrimination in eligibility to receive social benefits), the Political Parties Law (Article 82 — prohibition of racism, Article 83 — protection of the principle of equality), the Basic Law on National Education (Article 4 — principle of equality in education, Article 8 — gender equality-affirmative action), the Labour Law (Article 5 — principle of non-discrimination, equal treatment), the Law on the Disabled (Article 4 — non-discrimination against people with disabilities).

23. Article 122 of the Penal Code criminalizes economic discrimination on the basis of language, race, colour, sex, political thought, philosophical belief, religion, denomination and other reasons.

24. Article 216 of the Penal Code covers penal sanctions against inciting the population to breed enmity or hatred or denigration. It reads as follows:

(1) A person who openly incites groups of the population to breed enmity or hatred towards one another based on social class, race, religion, sect or regional difference in a manner which might constitute a clear and imminent danger to public order shall be sentenced to imprisonment for a term of one to three years.

(2) A person who openly denigrates part of the population on grounds of social class, race, religion, sect, gender or regional differences shall be sentenced to imprisonment for a term of six months to one year.

(3) A person who openly denigrates the religious values of a part of the population shall be sentenced to imprisonment for a term of six months to one year in case the act is likely to distort public peace.

25. Similarly, broadcasting standards as determined by Article 4 of the Law on the Establishment of Radio and Television Enterprises and Their Broadcasts include the following provisions:

(i) Broadcasts shall not, in any manner, humiliate or insult people for their language, race, colour, sex, political opinion, philosophical belief, religion, sect, and any such considerations;

(ii) The broadcasts shall not encourage the use of violence or incite feelings of racial hatred.

26. In addition to judicial remedies, there are also governmental, administrative and parliamentary remedies for individuals who claim to be subjected to discrimination. These remedies are utilized through the Human Rights Presidency at the Office of the Prime Minister and numerous Human Rights Boards at provincial and sub-provincial levels on the one hand, and the Human Rights Inquiry Commission of the Parliament on the other. These bodies are tasked with investigating complaints and allegations of human rights abuses and submitting their findings to relevant authorities for necessary action.

27. The Human Rights Presidency, which was established in April 2001 as an affiliate body of the Prime Ministry, and 931 Provincial and Sub-Provincial Human Rights Boards carry out extensive supervision work on human rights, particularly at local level. Human Rights Boards include almost 14.000 non-governmental members.

28. Both the Human Rights Presidency and the Human Rights Boards are entrusted with the task of receiving, examining and investigating allegations of human rights violations, including claims of racial discrimination, assessing the results of their examinations and investigations, referring the results to the offices of the public prosecutors or relevant administrative authorities and following up the results.

Additional protection of rights of persons belonging to non-Muslim minorities in Turkey

29. Under the Turkish constitutional system, the word “minorities” encompasses only groups of persons defined and recognized as such on the basis of multilateral or bilateral instruments to which Turkey is party.

30. In this context, “minority rights” in Turkey are regulated in accordance with the Lausanne Peace Treaty of 1923. According to this Treaty, Turkish citizens belonging to non-Muslim minorities fall within the scope of the term “minority”. Turkish legislation which is based on the Lausanne Peace Treaty contains the term “non-Muslim minority” only.

31. Articles 37–45 of the Treaty regulate the rights and obligations concerning individuals belonging to non-Muslim minorities in Turkey and the Turkish Muslim minority in Greece. These provisions are recognized as fundamental laws of Turkey.

32. In line with the state philosophy based on equality of citizens assuring non-discrimination, Turkish citizens belonging to non-Muslim minorities enjoy and exercise the same rights and freedoms as the rest of the population. Additionally, they benefit from their minority status in accordance with the Lausanne Peace Treaty.

33. Turkish citizens belonging to non-Muslim minorities have their own places of worship, schools, foundations, hospitals, as well as printed media.

34. Within the ongoing reform process in Turkey, there has also been major progress in improving the legislation concerning citizens belonging to non-Muslim minorities in Turkey. In this context, since 2004 a new governmental body, namely the Minority Issues Assessment Board, is in operation with a view to addressing and finding solutions to difficulties which citizens belonging to non-Muslim minorities may encounter in their daily lives. In this process, periodic contacts are held with the non-Muslim minorities.

35. As part of the aforementioned reform process, the new Law on Foundations was enacted by the Turkish Parliament and entered into force as of 27 February 2008. As regards the non-Muslim community foundations, the Law further improves their situations in relation to their international activities, including the system of financial and/or material donation and assistance from abroad, registration of their immovable properties, as well as their representation at the Foundation Council, which is the ruling body of the Directorate General for Foundations.

International cooperation

36. Turkey believes that a successful fight against all forms and manifestations of discrimination and intolerance requires combined efforts at national and international levels.

37. In this respect, Turkey has become party to all relevant international instruments both at global (UN) and regional (Council of Europe and OSCE) fora, and duly maintains a close and constructive cooperation within the special mechanisms of these organizations tasked with the fight against intolerance and discrimination. In this context, Turkey is actively involved in the work of the OSCE in the field of promoting tolerance and non-discrimination. As a testimony to its efforts in this regard, Turkish Ambassador Ömür Orhun, nominated by the Turkish Government, was appointed in December 2004 as one of the three Personal Representatives of the OSCE Chairman-in-Office on Combating Intolerance and Discrimination.

38. Within the framework of the Council of Europe, Turkey has always taken part in the elaboration of policies and recommendations aimed at elimination and prevention of contemporary forms of racial discrimination. The Turkish Government actively participated in and contributed to the elaboration process of the Plan of Action and the Declaration against Racism, Xenophobia, Anti-Semitism and Intolerance adopted on 8–9 October 1993 at the Vienna Summit of Heads of States and Governments.

39. Turkey has been supporting the activities of the European Committee against Racism and Intolerance (ECRI) which is one of the most important monitoring mechanisms in Europe in its efforts to combat racism, xenophobia, anti-Semitism and intolerance across Europe from the perspective of the protection of human rights and fundamental freedoms.

40. Turkey has long been among the co-sponsors of the UN Resolutions and Declarations related to non-discrimination and tolerance, xenophobia, racism and anti-Semitism.

41. With its deep-rooted traditions of mutual understanding, tolerance, dialogue and respect for other cultures and religions, Spain and Turkey launched the “Alliance of Civilizations” in 2005, which has since become a full-fledged UN Initiative.

Development assistance

42. Turkey carries out its development assistance, within the tradition of a “strategic bridge”, to help build and maintain the link between developed countries and developing countries. It has made important strides towards becoming a “donor country” in realising the Millennium Goals of the United Nations. Turkish foreign assistance started in 1985 as food aid, then continued and expanded into many fields.

43. Turkey, at an important junction between developed and developing countries, adopts the following principles and objectives in relation to development assistance:

(i) Creating conditions conducive to institutional cooperation;

(ii) Contributing to the development of a free market economy;

(iii) Participating in international cooperation in the areas of crisis, and supporting the normalization process through development assistance;

(iv) Taking active part in emergency and humanitarian assistance in areas affected by natural disasters, conflicts etc.; and

(v) Developing all types of cooperation with international organisations engaged in development assistance.

44. Various fields of development assistance in Turkey are handled by numerous public agencies and institutions. In this context, the Ministry of Foreign Affairs performs a guiding function for all public agencies and institutions in terms of policy priorities.

45. Furthermore, the Turkish International Cooperation and Development Agency (TIKA) is the institution in Turkey which carries out technical assistance. It is a coordinating agency in all technical assistance activities in order to develop a joint understanding in technical assistance activities. Almost all Turkish public agencies and institutions deliver aid in their professional areas in coordination with the TIKA.

46. The Turkish Red Crescent is engaged in emergency assistance. The need to integrate emergency assistance activities with supplementary actions such as search and rescue led ministries, local administrations and armed forces to participate in such undertakings. The said institutions are coordinated by the Emergency Administration of the Prime Ministry.

47. Peace building activities are realised jointly by the armed forces personnel and supporting technical and emergency assistance organisations assigned to crisis areas.

48. The Turkish Eximbank and Development Bank carry out efforts in development assistance involving financial and investment dimensions. Further, the Under-secretariat of Treasury participates in the financial support of “grant” nature.

49. The contributions and membership fee payments to the international organisations are in general handled by the Ministry of Foreign Affairs and the Under-secretariat of Treasury.

50. Moreover, many non-governmental organisations in Turkey play an important role mainly in education and emergency assistance.

51. The tables below indicate the development assistance provided by Turkey.

Table 1
Turkish development assistance (1997–2004) (Million USD)

Source: TIKA 2005 Report.

* The main reason for the calculation of the amount of the assistance at very low levels until the year 2004 is that complete data was not available on development assistance, projects and programs until then. Also, until 2004, assistance in kind was not measured, and the matter was not viewed from the perspective of development assistance. Since 2004, public agencies and institutions that work within the scope of development assistance have been asked to supply the data on the amount of assistance they provided. Moreover, calculation of the data has been conducted by employing the international standards. Obviously, the increasing share of development assistance in the government budget has also affected the rise of development assistance since 2004.

Table 2
Turkish development assistance (2005) (Millions USD)

Source: TIKA 2005 Report.

52. In 2005, a total of 1874 development assistance projects and activities were realized. Among them, 1485 were allocated to the countries which were eligible to receive development assistance according to the OECD-DAC (Development Assistance Committee) criteria, 191 to Central and Eastern European countries and Newly Independent States, and 198 to other countries.

53. Of the 1485 projects and activities implemented in 2005, 759 were in the Caucasus and Central Asia, 410 in the Balkans and East Europe, 116 in Africa, 111 in the Middle East, and 89 in the Far East.

54. As far as the distribution of the project and programme aids and the technical cooperation of the bilateral official development assistance are considered, they can be aggregated into four main sectors according to OECD-DAC parameters:

(i) Social infrastructure and services;

(ii) Economic infrastructure and services;

(iii) Production sectors;

(iv) Multi-sector/Cross-cutting.

55. As it can be inferred from Table 3, with respect to the sectoral distribution of the bilateral official development assistance in 2005, 258.88 million USD were used for social infrastructure and services, which basically consisted of projects related to education; 7.92 million USD were used for economic infrastructure and services, mostly transportation projects. Thirdly, 4.69 million USD were allocated for production sector. The amount of assistance employed for multi-sector/cross-cutting was 1.02 million USD.

Table 3
Distribution of bilateral official development assistance by sector (2005) (Millions USD)

Source: TIKA 2005 Report.

56. Concerning the improvement of educational infrastructure, projects such as construction and maintenance of school buildings, provision of equipment and materials and preparation of curricula are carried out. Projects in this field are being implemented in Afghanistan, Georgia, Kyrgyzstan, Macedonia and Uzbekistan.

57. Within this framework, 87 projects and activities were conducted in 2006, including:

(i) Construction of 17 schools;

(ii) Renovation of 16 schools;

(iii) Establishment of 23 computer laboratories;

(iv) Educational support to 1,024 students;

(v) Training of 349 teachers.

58. In the case of expanding and improving health services, operation of hospitals and out-patient clinics, provision of equipment, organisation of a variety of health screenings and vaccination campaigns are carried out. Also, food aid is provided in crisis areas. Countries where such projects are undertaken include Afghanistan, Bosnia and Herzegovina, Kosovo, Kyrgyzstan, Sudan and Tajikistan.

59. Thirty-seven projects and activities in this field were implemented in 2006, including:

(i) Construction of 9 clinics and hospitals;

(ii) Operation of 3 hospitals, 2 clinics and 2 mobile hospitals;

(iii) Equipment support to 8 hospitals;

(iv) Supply of 30 ambulances;

(v) Health screening of 6,050 people;

(vi) Medicine provision to 545,000 people;

(vii) Operation of 1,929 patients;

(viii) Treatment of 195,134 people.

60. As regards the supply of safe drinking water, wells are constructed, existing water treatment systems are renovated or new networks are set up. Afghanistan, Ethiopia, Georgia, Kosovo, Macedonia, Moldova, Tajikistan and Ukraine are among the countries where these projects are undertaken.

61. In this respect, 30 projects and activities were held in 2006, including:

(i) Construction of 70 wells;

(ii) Supply of safe water to 6 residential regions;

(iii) Establishment of one water treatment plant;

(iv) Construction of 5 water depots.

62. Road and bridge works continue in Azerbaijan, Georgia, Mongolia and Macedonia. In 2006, 9 projects and activities were conducted, including:

(i) Construction of 4 bridges;

(ii) Construction of 5 roads;

(iii) Two transportation studies and master plan projects.

63. Moreover, in order to alleviate homelessness, provision of tents for emergency situations and a housing project to provide 1,000 homes for Crimean Tatars returning to their homeland are in progress.

64. As far as the economic rights stipulated in the Covenant are concerned, opportunities are created for women living in both urban and rural areas to participate in economic life through vocational training (sewing, needlework, carpet weaving, jewellery design, ebru-traditional painting technique- and computers, etc.). With a view to creating a strong economic infrastructure, consultancy services and educational opportunities are provided on the subjects of taxation, privatisation, insurance, accreditation, membership to chambers of commerce and standardisation. Such activities are intensively undertaken in the Balkans, Eastern Europe, Caucasia and Central Asian Republics.

65. Furthermore, academic cooperation is conducted for supporting scientific studies. Restoration works aimed at protecting cultural properties and folklore are also supported.

Article 3

Progress in gender equality and promotion of the progress of women

Implementation of the Beijing Platform for Action

66. Turkey, an active participant in the 4th UN World Conference on Women held in 1995, is among the countries that have signed the Beijing Declaration and the Action Plan without reservations. Turkey has adopted three basic targets in the context of this conference and has made commitments to the international community to achieve these goals.

67. Parallel to the general understanding adopted following the 4th World Conference on Women, during the Beijing Conference process Turkey prepared a National Action Plan in 1996 by a commission with the participation of the General Directorate on the Status of Women, representatives of women associations, academics and representatives of related government bodies.

68. In the context of Strengthening Institutional Capacity which is the first component of Promoting Gender Equality project launched in 2007 in the framework of Turkey — EU Pre-Accession Financial Cooperation Program, of which the General Directorate on the Status of Woman is the beneficiary, new studies were conducted concerning 10 issues determined at the Beijing Platform for Action (education and instruction of women, girls, women and health, women and economy, women in power and decision making process, institutional mechanisms in the development of women, women and poverty, women and media, women’s human rights, and women and environment) and related policy documents were prepared. The said plan will be finalized by the end of 2008. In the second component of the said project which is “Combating Domestic Violence against Women”, “National Action Plan for Combating Domestic Violence against Women in 2007–2010” was drawn up and put into force with the approval of the State Minister Responsible for Women and Family.

69. In consideration of the conditions and priorities of the country and the commitments of Turkey during the 4th World Conference on Women, eight of the twelve critical areas in the Beijing Platform for Action (women’s education and training, girl child, women and health, violence against women, women and economy, women in power and decision making, institutional mechanisms for the advancement of women, women and media) have been identified as critical areas in Turkey’s National Action Plan.

70. Over the years since the Beijing Declaration and the Beijing Platform for Action, Turkey has realized most of its commitments made in Beijing by implementing policies in line with the Platform and achieved important progress in the area of gender equality and women’s rights.

Withdrawal of the reservations and declaration in respect of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and ratification of the Optional Protocol to the CEDAW

71. Upon the signature of the CEDAW, Turkey made reservations with respect to Articles 15 (paragraphs 1 and 4), 16 (subparagraphs 1c, 1d, 1f, 1g) and 29 (paragraph 1) and a declaration concerning Article 9 (paragraph 1) of the said Convention. In the context of Turkey’s accomplishments in the field of the promotion of women’s status in society, strengthening of the gender equality, the improvement of women’s rights, Turkey withdrew its reservations regarding Articles 15 and 16 on 20 September 1999 as well as its declaration on 29 January 2008.

72. The Optional Protocol to the CEDAW was ratified by the Turkish Grand National Assembly on 30 July 2002 and entered into force on 29 January 2003. The ratification of the Optional Protocol constitutes an important step as it allows for individual communication to the Committee on the Elimination of All Forms of Discrimination against Women.

Contributions of Turkey to the promotion of gender equality in the international fora

73. Turkey has made substantial contribution to the promotion of gender equality in the international fora, particularly to the efforts of fight against honour crimes. Turkey ensured that early and forced marriages and honour crimes are to be considered among the forms of violence against women identified in the outcome document of the Beijing + 5 Special Session of the UN General Assembly. Turkey co-authored, together with Britain, the UN resolution “Working towards the Elimination of Crimes against Women Committed in the Name of Honour” submitted to 59th General Assembly in 2004.

74. The international conferences hosted by Turkey are also the clear indication of the importance that Turkey attaches to the issue of women’s rights.

75. The Euro-Mediterranean Ministerial Conference on “Strengthening the Role of Women in Society” was held on 14–15 November 2006, in Istanbul. In the Conference, convened in accordance with the Barcelona Declaration and the Five Year Work Programme agreed upon during the 10th Anniversary Euro-Mediterranean Summit in Barcelona 2005, the participants reaffirmed that equal participation of women in all spheres of life is a crucial element of democracy and that achievement of a “common area of peace, stability and shared prosperity” relies upon, inter alia, making women fulfil their ambitions and aspirations.

76. The critical role that the improvement of women’s status in society plays in the path towards sustainable development was re-emphasized in the Ministerial Conference on the Role of Women in the Development of Organization of Islamic Conference (OIC) Member States, held on 20–21 December 2006 in Istanbul. This meeting, organized in line with the Ten-Year Programme of Action of the OIC, embodies special significance since it was the first Ministerial Meeting of the OIC on issues related to women.

Improving legislation with a view to ensuring gender equality and eliminating violence against women

Constitutional amendments

77. As amended on 17 October 2001, Article 41 of the Constitution ensures the principle of equality between spouses as a basis for the family.

78. Article 66 of the Constitution on the acquisition of Turkish citizenship which previously stated that the citizenship of a child born to a foreign father and a Turkish mother would be defined by law was amended also in October 2001 to eliminate discrimination on the basis of gender in cases where a foreign parent is involved.

79. Although the principle of equality between men and women was explicitly placed in the Constitution, through the addition on 17 May 2004 of a provision to Article 10 of the Constitution, the State has been obligated not only to ensure non-discrimination between men and women, but also to take necessary measures to provide women with equal rights and opportunities with men in all walks of life. By the adoption of this amendment, Turkey has become one of the very few countries that have similar provisions in their legal systems.

Law for the protection of the family

80. A legal development in the area of preventing domestic violence was the enactment of a new law on the protection of the family prepared in cooperation with universities, civil society and relevant public organisations.

81. Having entered into force in 1998, the Law No. 4320 for the Protection of the Family introduced some protection orders which will be determined by family courts upon complaints of abused women and children or third parties as well as the public prosecutor.

82. The main objective of the Law on the Protection of Family is to prevent domestic violence and protect women and children particularly. Relying on this Law, persons who are subjected to domestic violence can lodge their complaints in person at police headquarters, offices of public prosecutor as well as family courts. Also, any person who has witnessed a domestic violence case can report the matter at police headquarters.

83. Law No. 4320 on the Protection of Family was amended by the Law No. 5636 in 2007. The Law No. 5636 provides a wide margin of interpretation of the concept of violence and ensures protection to family members who are married but live separately, separated by the decision of court or who are entitled to the right to live separately. The use of the expression “faulty spouse or the other family member” allows for precautionary decision concerning other family members living under the same roof and makes it possible for the Family Court judge to decide for “the application of the member resorting to violence to a medical institution for examination or treatment”. It is also stated that the applications to benefit from the Law and the proceedings carried out for the execution of judgments shall not be subject to fees.

Civil Code

84. The new Turkish Civil Code No. 4721, which entered into force on 1 January 2002, strengthened gender equality and equality between the spouses by declaring women fully equal to men in the family and society. The improved regulations introduced by the new Civil Code are as follows:

(i) There is no longer a head of the family. The spouses are to care jointly for the proper maintenance of the family;

(ii) Each spouse represents the conjugal community;

(iii) The conjugal home has to be determined jointly by the spouses;

(iv) Women have the right to use their former surname before the husband’s surname;

(v) Regarding the parent-child relationship, both spouses have parental authority over children. Cases of disagreement are to be resolved by the judge;

(vi) Spouses are free to choose their job and profession. They do not require each other’s permission as opposed to Article 159 of the former Civil Code which stated that a wife has to take her husband’s permission to take up a job or profession (The said Article of the former law was declared void by the Constitutional Court in 1990);

(vii) “Participation in acquisitions” has become the new regular matrimonial property regime. Under this regime, unless spouses agree upon a different regime, properties acquired in the course of marriage by both spouses is to be shared equally should the marriage be ended;

(viii) The minimum age of marriage for women was raised from 15 to 17. Boys and girls under the age of 17 are not allowed to get married. However, under extraordinary conditions and in the existence of an important cause, the judge may permit a boy or a girl over the age of 16 to get married with the consent of his/her parents;

(ix) After divorce, the competent authority for maintenance allowance claims shall now be the court where the claimant resides, not the defendant.

Labour Law

85. The new Labour Law No. 4857, which was adopted in 2003, introduced new improvements in the field of labour with a view to eliminating inequality between men and women in this field. Some of these improvements are as follows:

(i) No discrimination on the basis of language, race, sex, political thought, philosophical belief, religion or similar grounds may be allowed in business relations;

(ii) Employers may not differentiate their treatment vis-à-vis part-time workers and full-time worker or definite-term workers and indefinite-term workers;

(iii) Employers may not treat one worker different than another in concluding labour contracts, establishing the conditions thereof and implementing or terminating these contracts due to gender or pregnancy unless biological reasons or those pertaining to work qualifications oblige;

(iv) No lower wage may be paid for an equal or equivalent job on grounds of gender;

(v) Implementation of special protective provisions due to the gender of the worker does not justify the application of a lower wage.

Penal Code

86. Adopted on 26 September 2004 and having entered into force on 1 June 2005, the new Penal Code No. 5237 offers an important legal basis in terms of gender equality and combating violence against women. The major provisions introduced by the new Penal Code concerning violence against women are enumerated below:

(i) The distinction between “woman” and “girl” in the previous law was excluded from the new law;

(ii) Sexual crimes have been classified as crimes against the inviolability of sexual integrity;

(iii) The terms “rape” and “attempt to rape” have been replaced with “sexual assault” and “sexual abuse of children”;

(iv) The crimes of “sexual assault” and “sexual harassment in workplace” have been defined and the qualified conditions of the commission of these crimes have been determined;

(v) Perpetrators of customary killings shall be given the highest sentences;

(vi) Genital examination has been regulated as a separate article according to which those who order the subjection of a person to genital examination or who perform such examination without the authorisation of a judge or prosecutor shall be sentenced to imprisonment from three months to one year.

Family courts

87. Upon the enactment of the new Civil Code, it became a necessity to establish specialised courts to settle conflicts related to family law. To this end, family courts were created with the adoption the Act on the Establishment, Jurisdiction and Trial Procedures of Family Courts which entered into force on 18 January 2003.

Municipality Law

88. The Municipality Law No. 5393 assigns important duties to municipalities concerning services related to women. According to the said law, municipalities with populations over 50.000 and metropolitan municipalities are responsible for opening shelters for women and children.

89. The same law which also includes provisions on city councils stipulates that women and youth assemblies shall be formed within the framework of city councils.

Basic indicators related to women

Women and economy

90. In Turkey the employment of women continues to be an issue. As a consequence of globalisation, during the last twenty years the female labour force in Turkey has shifted to the unregistered economy. The continuous decline of women’s share in the workforce seems to confirm this shift. While women’s share in the labour force was around 34.1% in 1990, it declined to 26.9% in 2002 and 25.1% in 2004 and became 24.9% in 2006.

91. The 9th Development Programme (2007–2010) envisages that the ratio of women involved in workforce will have reached 29.6% by 2013. In the context of the said Development Programme, under the coordination of the General Directorate on the Status of Women, various projects aiming at improving women’s involvement in workforce and their employment have been launched.

92. Within the framework of 2007 Turkey-EU Pre-Accession Financial Cooperation Programme, the Project on “Empowerment of Women and Women NGOs in the Least Developed Regions of Turkey” was launched. The Project aims at upgrading women’s status in the least developed regions of Turkey with a view to reducing regional disparities.

93. In terms of positions at work, 14.3 out of 100 women work for themselves or as employers, 46.7 work for any kind of payment or on per diem basis while 39 work as unpaid family workers. When the general outlook of Turkey is taken into account, 48.5% of the female labour force work in the agricultural sector, 14.4% in the industrial sector while 37.1% in the service sector. According to the 2007 data, 22.53% of the total middle- and executive-level managers are women.

94. Among the significant developments improving the participation of women in the labour force, the following can be stated.

(i) In order to ensure a more fair distribution of child care responsibility between the mother, the father and the State, a Draft Law on Parental Leave for Birth or Adoption of a Child has been prepared;

(ii) The Circular No. 2004/7 of the Office of the Prime Minister titled “Acting According to the Principle of Equality in Recruitment” took effect on 15 January 2004 to ensure gender equality during the recruitment of new staff;

(iii) The new Labour Law of 2003 stipulates that the employee may immediately annul the contract in case of sexual harassment by the employer or if the employer does not take the necessary measures although he is aware that the concerned employee is subjected to sexual harassment by other employees;

(iv) The new Civil Code introduced the provision that neither of the spouses has to obtain the permission of the other in choosing a job or a profession;

(v) As a result of the amendments in taxation laws in 1998, married women may now submit tax statements independent from their spouses;

(vi) Private sector employers were asked to raise awareness concerning non-discrimination based on gender unless stipulated by biological or other job-related reasons through a circular submitted to the Provincial Directorates of the Turkish Employment Organisation in 2006.

Women and education

95. The increase in the duration of compulsory education to 8 years in 1997 has constituted a significant step in the education of women. During the last decade a rise has been observed in the average education level of women. While the illiteracy rate of women was 28% in 1990, this rate decreased to 19.6% according to the 2007 census results. 7.52% of literate women have not graduated from any educational institution. While 45.27% of the literate women are primary school graduates, 9.12% are high school or vocational school graduates, and 5.39% are higher education graduates according to the year 2000 data of the TURKSTAT.

96. Turkey’s target in education is to ensure that the schooling rate reach 100% for both girls and boys until 2010. To this end, many projects have been initiated with the support of international organisations, NGOs and private sector institutions. The campaign “Let’s go to School, Girls!” supported by the UNICEF has been put into effect in the year 2003 in 10 provinces where schooling rates of girls were the lowest. Its scope was expanded to cover 23 more provinces in 2004, and further 20 more provinces in 2005. In 2006, the campaign was extended to cover all the 81 provinces in Turkey.

97. The aim of the campaign, which started with the motto “Let’s go to School, Girls!” is to increase schooling rates of girls who belong to the primary education age group (6–14 years), and with the participation and contribution of concerned public agencies and institutions, NGOs and local administrations, to ensure their return to primary education of students who remained outside the educational system or left school or did not regularly attend school. To achieve the goals of the campaign, economic assistance was regularly used in order to support the families which could not send their children to school or which had forced their children to drop out of school due to poverty. During the implementation of this scheme, as a special temporary measure applied for the first time, girls received 21% more monetary assistance in primary education and 40% more in secondary education than boys in primary and secondary education, respectively.

Table 4
New registration rates among girls through the campaign “Let’s go to school, girls!”

98. During the campaign, it was estimated that 273,447 girls at the school age were not enrolled in school. As it can be seen in Table 4, of these girls, 222.800 (81%) have been helped to attend schools. Activities continue to have those, who have not enrolled in schools, registered in the period ahead.

99. Another project carried out within this framework is the “Support Programme for Primary Education” which has been put into force as a result of the cooperation between the Government and the European Union. The project was initiated in September 2002 for five years.

100. To increase girls’ attendance to school in Southeast and East Anatolia provinces, 9 Primary Education Regional Boarding Schools for Girls and 14 Primary Education Schools with Pension for Girls were set up.

101. The Ministry of National Education launched open high school programmes in the 1994/1995 academic year to provide education for girls who had to leave school at an early stage and for women of all ages. In 2000, 138,663 female students were enrolled at the “Open Education High School”. The Ministry also organises various programmes, vocational and technical training courses as well as literacy courses for women and girls who do not have access to formal education or who could not complete their formal education.

Women and health

102. In 2006, life expectancy at birth was 69.1 years for men and 74 for women.

103. The spread of reproductive health services and the rise in the quality of these services have constituted an important progress regarding women’s health in Turkey. According to the 2003 results of Turkey Demographic and Health Survey (TDHS), the total fertility rate is declining while the rate of the use of contraceptive methods is on the rise. While the total fertility rate was 4.3 per woman in 1978, it decreased to 2.2 in 2003.

104. In Turkey where the marriage rate is considerably high and almost all children are born in wedlock, the age of first marriage which also marks the beginning of the risk of pregnancy is an important demographic indicator. According to the results of the 2003 TDHS, there is a stable increase in the first marriage age. The first marriage age is 19.2 for married women who belong to the age group of 45–49 while it is 21 for those who belong to the age group of 25–29. To prevent underage marriages, the new Civil Code prohibits the marriages under the age of 17.

105. The International Conference on Population and Development (ICPD) and the 4th World Conference on Women converted the consideration of maternal health to women’s health. In line with this change, a National Action Plan was prepared in 1998 which was followed by the preparation in 2004 of the National Strategy and Action Plan covering the 2005–2015 period.

Violence against women

106. Violence against women is an important issue which affects, directly or indirectly, large segments of the society and measures are required to eliminate it. The persistence of violence can be attributed to many factors, including difficulties in the implementation of laws and regulations which prohibit such acts, the lack of awareness and of knowledge on existing regulations and mechanisms, the lack of effective measures to deal with the underlying causes of the problem.

107. Various studies show that violence against women in the family is common in most homes. During the last decade, several laws aiming at combating violence against women have been adopted. One of such laws is the Law on Protection of the Family, which aims at protecting family members who are subjected to violence. Another major step has been the entry into force of the Turkish Penal Code on 1 June 2005, which, for the first time, has introduced the concepts of sexual harassment at the workplace and of sexual assault against the spouse.

108. As mentioned earlier, the new Penal Code of 2005 abolished the de facto reductions of sentences for perpetrators involved in “honour killings” and ensured that they shall be given the highest sentences.

109. The Municipality Law introduced the obligation on the part of municipalities with a population of more than 50,000 to provide service for women subjected to violence by opening guesthouses for women and children. In addition to 16 municipal guesthouses, there are 22 guesthouses for women affiliated with the General Directorate of Social Services and Child Protection Agency (SHCEK). Furthermore, 71 society centres and 39 family counselling centres affiliated with the aforementioned agency provide services for women subjected to domestic violence through psychological and legal counselling and economic assistance.

110. Spots and short films on violence against women and on centres for women subjected to violence have been produced by the General Directorate on the Status of Women. Furthermore, various training and in-service training programmes have been implemented for security forces having direct contact with women and children who have been victims of violence.

111. A research commission was established at the TGNA on 11 October 2005 on “Examining the Causes of Custom and Honour Killings and Violence against Women and Children and Determining the Measures to be taken”. The Commission finalized its studies on February 2006 and prepared a comprehensive report.

112. Following this report, relevant measures and responsible bodies were specified with the Circular issued by the Office of the Prime Minister (2006/17). In line with the recommendations of the Circular, the task of coordination regarding violence against women as well as honour killings was given to the General Directorate on the Status of Women. In the framework of the said coordination task, the General Directorate on the Status of Women follows the activities of responsible/cooperating bodies and other related bodies in three-month-periods, and reports to the Office of the Prime Minister.

113. In accordance with the above-mentioned Circular, the General Directorate on the Status of Women was also tasked with the establishment of “Monitoring Committee for Violence against Women” and the preparation of “National Action Plan”. In this context, “National Action Plan for Combating Domestic Violence against Women” covering the period 2007–2010 was prepared with the participation of the parties and was put into force upon the approval by the State Minister Responsible for Women and Family.

114. The Monitoring Committee for Violence against Women held its first meeting on 14 March 2007. The Committee is made up of the representatives of related public institutions and organizations, NGOs specialized in the field, and women’s issues research and application centres of universities.

115. Moreover, under Turkey-EU Pre-Accession Financial Programme of 2006, the project titled “Shelters for Women Subjected to Violence” was initiated with a total budget of 8.110.000 Euro. Its main aim is to ensure that women subjected to violence are provided with sufficient protection through establishing and managing shelters.

Combating trafficking in human beings

116. Turkey has made significant progress in the fight against trafficking in human beings, within a considerably short period of time. In this context, Turkey signed and ratified the major international instruments, such as the UN Convention Against Transnational Organized Crime; the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; the Protocol Against Smuggling of Migrants by Land, Air and Sea; the UN Convention on the Rights of the Child and the Protocol thereto; the UN Convention on the Elimination of All Forms of Discrimination Against Women; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the ILO Forced Labour Convention No. 29; the ILO Abolition of Forced Labour Convention No. 105; and the ILO Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour No. 182.

117. Turkey has supported the international efforts of the OSCE, NATO, EU, the Council of Europe and the Stability Pact in the field of fight against human trafficking. Turkey has actively participated in the work of the Ad Hoc Committee on Action against Trafficking in Human Beings (CAHTEH) of the Council of Europe established for the task of preparing a European convention on fight against human trafficking.

118. Turkey also signed a collaboration protocol with the International Centre for Migration Policy Development (ICMPD) and became a member of the International Organisation for Migration (IOM) on 30 November 2004.

119. Through the ratification of the relevant UN instruments, the amendment of the Penal Code and the Citizenship Law and the enactment of the Law on Working Permits for Foreigners, Turkey has established the necessary legal framework for the fight against trafficking in human beings, and started its implementation both in the administrative and justice system.

120. In accordance with the amendment of the Citizenship Law, a probation period of 3 years is required for acquiring Turkish citizenship through marriage. Those who have a job incompatible with the marriage and do not share the same house with the spouse will not be able to acquire Turkish citizenship.

121. Article 80 of the new Penal Code provides the definition of human trafficking; penalizes human trafficking with 8 to 12 years of imprisonment and 10,000-day fine; and provides security measures concerning legal persons regarding human trafficking. With an amendment introduced in 2006 in the said Article, the expression “forced prostitution” was added into definition of human trafficking and thus the harmony with the United Nations Convention against Transnational Organized Crime Additional Protocol on Human Trafficking was achieved.

122. Victims of human trafficking are provided with free medical care. The humanitarian visa and short-term residence permit practice has been launched in order to give residence permit to stay in Turkey to victims of human trafficking for a certain period of time during their medical treatment, care or legal proceedings. Victims of human trafficking may now obtain residence permit valid for 6 months which may be extended if necessary. The entry and exit transactions of victims of human trafficking are carried out free of charge and no penalties or permanent prohibition of entry to Turkey are imposed on them.

123. Upon the initiative of the Ministry of Foreign Affairs, acting as the national coordinator on issues of human trafficking and with the participation of all the related ministries and organisations, the “Task Force to Combat Human Trafficking” was established in 2002. The Ministry of Foreign Affairs acts as Chair of the Task Force. The “Action Plan” prepared by the Task Force and approved by the Office of the Prime Minister in 2003, calls for the protection of victims of trafficking, the provision of psychological assistance for their reintegration into the society and their families, the organisation of information and awareness-raising campaigns to inform the society as well as potential victims and to train law enforcement officials on the prevention of trafficking in persons. According to the Action Plan, shelters where victims of human trafficking can receive legal and psychological counselling and medical care have been opened. Shelters were established in 2004 in Istanbul and in 2005 in Ankara for the victims of the trafficking in human beings. In addition, as provided in the Action Plan, necessary measures have been taken by the Social Solidarity and Assistance Incentive Fund to allow victims of human trafficking to benefit from assistance provided to needy people. This Action Plan has been successfully implemented. The new National Action Plan on Combating Trafficking in Human Beings has been prepared within the framework of the Project of Strengthening Institutions in the Fight against Trafficking in Human Beings. This Project has been executed by the Ministry of Interior since January 2006 under the EU-Turkey Financial Assistance Programme of 2003.

124. Within the context of the Project, implemented with the contributions of the IOM and targeted at assisting victims of the trafficking in human beings, informative leaflets were prepared and distributed at the ports of entry to Turkey, especially in Istanbul, Ankara, Trabzon air and sea ports. The aim was to inform foreigners visiting Turkey about the 157 help hotline. Informative spot TV programmes were carried out. The first public awareness campaign with the title “Have you seen my mother?” was launched on 2 February 2006 with the contribution of the IOM under the coordination of the Turkish Government. Also, law enforcement officials were given training.

125. A Circular on the investigation of the crime of human trafficking, the identification of the victims and the process applied for victims, and a guideline on the fight against trafficking in human beings were distributed by the Directorate General for Security of the Ministry of Interior to the relevant organisations, institutions and governorships.

126. A brochure on fight against human trafficking was prepared by the General Command of Gendarmerie and distributed to police stations throughout Turkey and to the public in provinces where incidents of human trafficking occur. The General Command of Gendarmerie also established a specialized team to perform as a general coordinator on issues of trafficking in persons and migrant smuggling. Another ministerial coordination committee was established within the framework of the Ministry of Interior in addition to the “Bureau on Human Trafficking”.

127. A free emergency help hotline (157) for victims of human trafficking has been put into service and incoming calls are answered by operators speaking various languages. The helpline can be reached throughout Turkey free of charge including mobile phones. It can also be reached from abroad.

Article 6

128. Turkey is party to the below listed major international conventions regulating the right to work:

(i) ILO Employment Policy Convention, 1964 (No. 122): Turkey ratified the ILO Convention No. 122 on 13 December 1977 and submitted its report covering the period from 1 June 2002 to 30 May 2004;

(ii) ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111): Turkey ratified the ILO Convention No. 111 on 19 July 1967 and submitted its report covering the period from 1 June 2001 to 30 May 2004;

(iii) International Convention on the Elimination of all Forms of Racial Discrimination (ICERD): Turkey ratified the ICERD on 16 September 2002 and submitted its combined report, including the initial, second and third periodic reports, in November 2007;

(iv) Convention on the Elimination of all Forms of Discrimination against Women (CEDAW): Turkey ratified the CEDAW on 20 December 1985 and submitted its combined fourth and fifth periodic report which was considered during the 32nd session of the Committee on the Elimination of Discrimination against Women held in January 2005.

Constitutional provisions regarding the right to work

129. As amended on October 17, 2001, Article 49 of the Constitution guarantees the right to work.

Everyone has the right and duty to work

The State shall take the necessary measures to raise the standard of living of workers, and to protect workers and the unemployed in order to improve the general conditions of labour, to promote labour, to create suitable economic conditions for prevention of unemployment and to secure labour peace

130. Freedom to work and to conclude contracts has been regulated by Article 48 of the Constitution.

Everyone has the freedom to work and conclude contracts in the field of his/her choice. Establishment of private enterprises is free

The state shall take measures to ensure that private enterprises operate in accordance with national economic requirements and social objectives and in conditions of security and stability

131. Forced labour is prohibited by the Constitution as follows:

Article 18

No one shall be forced to work. Forced labour is prohibited

Work required of an individual while serving a prison sentence or under detention, services required from citizens during a state of emergency, and physical or intellectual work necessitated by the requirements of the country as a civic obligation do not come under the description of forced labour, provided that the form and conditions of such labour are prescribed by law

Legislation regulating the right to work

132. In addition to the Constitutional provisions, the right to work is regulated by the following laws:

(i) Labour Law No. 4857, dated 10 June 2003: The new Labour Law was adopted in order to align the Turkish legislation on labour with the EU and ILO norms as well as to meet the emerging needs of the labour life in Turkey. The said Law not only restructures the Turkish labour life but also provides, in line with the EU and ILO norms, a significant degree of flexibility needed to counter the demands of the current economic, social and political conditions and the problems which arise during implementation. (For the full text of the Labour Law, see Annex II);

(ii) Law No. 4904 on the Turkish Employment Organisation, dated 25 June 2003: The Law No. 4904 established the Turkish Employment Organisation (ISKUR) to develop a national employment policy, to protect and enhance employment, to prevent unemployment and to execute unemployment insurance procedures. The mandate of the ISKUR covers active labour programmes, including assisting job- and employee-seekers, monitoring the labour and employment market, creating a database on the labour market, providing vocational training and career counselling services, and passive labour programmes, including unemployment insurance and compensation for job loss;

The ISKUR was established on the basis of a participatory operation and organisation model which is also open to social dialogue. Representatives of both employees and employers have been involved in the operation of the bodies of the Organization.

In addition to the ISKUR, the establishment of private employment agencies by natural or legal persons is permitted on the condition that these agencies are subject to the authorization and monitoring of the ISKUR. They can assist job- and employee-seekers in Turkey and abroad.

(iii) Law No. 4817 on the Work Permit for Foreigners, dated 6 March 2003: With the adoption of this Law, the legislation on work permits for foreigners was unified under a single code which simplified bureaucratic procedures. In accordance with the Law, work permits for foreigners are now given by the Ministry of Labour and Social Security. (For the full text of the Law on the Work Permit for Foreigners, see Annex III).

The Law aims at striking a balance between the need for protecting the Turkish labour force and the needs of the employer and of the country. As a consequence of such consideration, the Law annulled a 1932 regulation which had introduced a list of occupations which could not be taken up by foreigners. Foreigners have also been granted the right to work independently and to self-employment.

Unemployment

133. The tables below show the trends of unemployment in Turkey.

Table 5
Employment of the general population (1995, 2000, 2004)

Source: Ministry of Labour and Social Security.

Table 6
Employment of women (1995, 2000, 2004)

Source: Ministry of Labour and Social Security.

Table 7
Employment of the young population (15–24 years) (1995, 2000, 2004)

Source: Ministry of Labour and Social Security.

Table 8
Employment of elderly people (65 years and above) (1995, 2000, 2004)

Source: Ministry of Labour and Social Security.

Table 9

Employment of the disabled

Source: Ministry of Labour and Social Security.

* Orthopaedic, seeing, hearing, speaking and mental.

Table 10

Employment of the urban population (1995, 2000, 2004)

Source: Ministry of Labour and Social Security.

Table 11

Employment of the rural population (1995, 2000, 2004)

Source: Ministry of Labour and Social Security.

134. The ISKUR has initiated a process of social dialogue whereby the contours of a “National Employment Strategy” will be identified. During its convention in November 2003, the General Board of the ISKUR adopted several decisions regarding the proposals for the national employment policies and the role of and expectations from the ISKUR in the implementation of these policies. The General Board of the ISKUR identified the following as the essential components of a prospective “National Employment Strategy”:

(i) Ensuring full employment;

(ii) Enhancing the quality of human capital and labour force;

(iii) Increasing the quality and efficiency at work;

(iv) Developing entrepreneurship and competition in economy;

(v) Improving the distribution of income;

(vi) Reducing regional development differences;

(vii) Downscaling unregistered economy and increasing the number of “proper jobs”.

135. At the same convention, principal policies to be involved in the “National Employment Strategy” were outlined as follows:

(i) Establishing effective social dialogue and cooperation;

(ii) Placing production, investment, exports and employment in the core of the economic policies to be implemented;

(iii) Adopting measures to support entrepreneurship in underdeveloped regions and to eliminate regional employment differences;

(iv) Stimulating entrepreneurship and job-creation in all economic sectors;

(v) Supporting small- and medium-sized businesses, and craftsmen and artisans;

(vi) Adopting active employment measures for the unemployed and for those who do not belong to the labour force;

(vii) Turning unregistered employment into registered employment;

(viii) Alleviating the burden on employment;

(ix) Conducting active work to reduce the population increase rate;

(x) Assisting businesses and the labour force in adapting to changes in the labour market;

(xi) Supporting human capital investments and lifelong learning;

(xii) Promoting women’s entry to the labour market and to increase their employment rates;

(xiii) Promoting the entry of persons belonging to disadvantaged groups to the labour market and to increase their employment rates;

(xiv) Preventing child labour;

(xv) Regulating social assistance and services.

Specific measures for the disabled

136. The ISKUR has taken active employment policy measures including programmes for vocational training, career development and entrepreneurship designed specifically for disabled persons, and declared the year 2005 as the “Year for the Employment of Disabled Persons”.

137. According to Article 30 of the Labour Law, in workplaces where 50 or more workers are employed, employers are obliged to employ disabled persons and/or former convicts; and pursuant to the additional Article 1(b) of the Anti-Terrorism Law No. 3713, victims of terrorist acts in positions suitable to their professional backgrounds and physical and psychological conditions at rates to be determined by the Council of Ministers to take effect as of 1 January of every year. The aggregate rate at which persons belonging to the aforementioned categories must be employed is 6%. However, no less than half of the aggregate rate must be allocated to disabled persons. The employment of persons belonging to the aforementioned categories is mediated by the ISKUR.

Technical and vocational education and training programmes

138. Technical and vocational education and training programmes are prepared in accordance with vocational standards based on the ISCED 97 (International Standard Classification of Education) with the participation of relevant experts within the context of the implementation of the EU-supported Project of Strengthening the Vocational Education (MEGEP).

139. In formal education institutions, 9th and 10th grade students are given vocational education at school while 11th grade students are given theoretical education at school for 2 days per week and practical training at workplaces for 3 days per week. Students who do not continue their vocational training at workplaces must complete, in order to graduate, 160 hours as interns at workplaces in three-year programmes or 300 hours in four-year programmes.

140. In higher (university) education, there are high schools (polytechnics) of pre-graduate level for technical and vocational education, along with faculties for technical and vocational education at the graduate level.

141. Various training programmes aiming at increasing employment and providing the labour market with qualified workforce are organised by the ISKUR. Among these programmes are the employment-guaranteed training programmes, self-employment programmes, career development programmes, programmes designed for disabled persons, entrepreneurship programmes and counselling services for prospective entrepreneurs.

142. The ISKUR also organises, upon the request of employers, education seminars designed to enhance efficiency at work, to increase work quality and awareness of security at work, and to improve managerial and training skills.

Non-discrimination in employment

143. In Turkey, there exists no distinction, exclusion, restriction or preference, be it in law or in administrative practices or in practical relationships, between persons or groups of persons, made on the basis of race, colour, gender, religion, political opinion, nationality or social origin, which would have the effect of nullifying or impairing the recognition, enjoyment or exercise of equality of opportunity or treatment in employment or occupation. All forms of discrimination on the grounds of race, colour, sex, religion, national or social origin or political view are prohibited by the Constitution (Articles 10, 18, 48–50), the Labour Law (Articles 5, 18, 72–73) and the provisions of the relevant UN and ILO conventions to which Turkey is party (“International Convention on the Elimination of All Forms of Racial Discrimination”, “Convention on the Elimination of All Forms of Discrimination against Women” and ILO Conventions No. 100, 105, 111 and 122).

144. Moreover, in accordance with the prohibition of all forms of discrimination, there exists no vocational guidance and training, employment and occupation of persons according to their race, colour, sex, religion, and national origin.

Article 7

145. Turkey is party to the below listed major international conventions regulating the right of everyone to the enjoyment of just and favourable conditions of work:

(i) ILO Weekly Rest (Industry) Convention, 1921 (No. 14): Turkey ratified the ILO Convention No. 14 on 27 December 1946 and submitted its report covering the period from 1 July 1996 to 30 June 2000;

(ii) ILO Labour Inspection Convention, 1947 (No. 81): Turkey ratified the ILO Convention No. 81 on 5 March 1951 and submitted its report covering the period from 1 June 2000 to 30 July 2001;

(iii) ILO Equal Remuneration Convention, 1951 (No. 100): Turkey ratified the ILO Convention No. 100 on 14 April 1967 and submitted its report covering the period from 1 June 2002 to 30 May 2004;

(iv) ILO Occupational Safety and Health Convention, 1981 (No. 155): Turkey ratified the ILO Convention No. 155 on 2 March 2004.

Wage system in Turkey

146. In Turkey there is a system of minimum wages for the employees in private sector. According to the system, employers cannot pay a wage under the agreed current minimum wage and on labour contracts and collective contracts it cannot be agreed to pay a wage less than current minimum wage. It is guaranteed by the Constitution and the relevant laws. There is no exception in terms of wage earners.

147. As amended on October 17, 2001, Article 55 of the Constitution safeguards fair wages:

Wages shall be paid in return for work.

The state shall take the necessary measures to ensure that workers earn a fair wage commensurate with the work they perform and that they enjoy other social benefits.

In determining the minimum wage, the living conditions of the workers and the economic situation of the country shall be taken into account.

148. According to Article 39 of the Labour Law No. 4857, minimum limits of wages are determined every two years at the latest by the Ministry of Labour and Social Security through the Minimum Wage Determination Committee for regulating the economic and social conditions of all workers working on labour contracts, which are covered or not by this Law.

149. The Minimum Wage Determination Committee, presided over by one of its members to be designated by the Ministry of Labour and Social Security, shall be composed of the Director General of Labour and Social Security or his/her deputy, the Director General for Occupational Health and Safety or his/her deputy, the Head of the Economic Statistics Department of the Turkish Statistical Institute or his/her deputy, representative of the Undersecretariat of Treasury, the head of the relevant department of the State Planning Organization or an official to be authorized by him/her, five representatives to be elected for different branches of activity from the most superior workers’ organization having the highest number of workers, and five representatives to be elected for different branches of activity from the employers’ organization having the highest number of employers. The Minimum Wage Determination Committee convenes with the participation of at least ten members. The Committee takes its decisions by majority vote. In case of a tie, the chairman has a casting vote.

150. Decisions of the Committee are final. Decisions become effective upon their publication in the Official Gazette.

151. In Turkey two different levels of minimum wage are determined. One is for the workers younger than 16 years old, the other is for those older than 16.

152. The Minimum Wage Determination Committee takes into account the following conditions and data for determining minimum wages:

(i) Social and economic conditions of the country;

(ii) Living conditions;

(iii) General situation of the current wages;

(iv) Living index.

153. Minimum wages between 1999 and 2008 are shown in the table below.

Table 12

Minimum wages (1999–2008)

Source: Ministry of Labour and Social Security.

Occupational health and safety

Legal provisions regarding occupational health and safety

154. Occupational health and safety are primarily regulated in the Labour Law (Articles 77–89). In line with the harmonization of the Turkish legislation with the EU acquis, the expansion of the extent of the legislation is sought to include the businesses which are not covered by the Labour Law, except for the businesses within the framework of house services and household economy. In conformity with Turkey’s National Plan for the Adoption of the Acquis of the EU, the following regulations have been issued:

1. Occupational Health and Safety Regulation.

2. Regulation on the Health and Safety Measures for the Works with Devices with Monitors.

3. Noise Regulation.

4. Resonance Regulation.

5. Regulation on the Health and Safety in Construction Works.

6. Safety and Health Signs Regulation.

7. Regulation on the Health and Safety Measures for Works with Asbestos.

8. Regulation on the Health and Safety Measures for the Works with Carcinogenic and Mutagenic Substances.

9. Regulation on the Health and Safety Measures for the Works with Chemicals.

10. Regulation on the Protection of the Workers against the Hazards of the Explosive Environments.

11. Regulation on the Duties and Working Procedures and Basis of the Workplace Health Units and Physicians

12. Regulation on the Duties, Competencies, Responsibilities and Working Procedures and Basis of the Engineers and Technical Staff Charged with the Occupational Health.

13. Regulation on Hand Carriage Works.

14. Regulation on Health and Safety Conditions in the Usage of the Work Equipments.

15. Regulation on the Measures to be Taken in the Workplaces.

16. Personal Protection Supplies Regulation.

17. Regulation on the Usage of the Personal Protection Supplies in the Workplaces.

18. Regulation on the Health and Safety Conditions in the Enterprises Mining by Drilling.

19. Regulation on the Health and Safety Regulations in the Underground and Aboveground Mining Enterprises.

20. Regulation on the Procedures and Basis of the Trainings on the Occupational Health and Safety of the Workers.

21. Regulation on the Procedures and Basis of Employing Child and Young Workers

22. Regulation on the Boards for Occupational Health and Safety.

23. Regulation on the Occupational Health and Safety in the Temporary Works and Works with a Limited Time Frame.

24. Heavy and Dangerous Works Regulation.

25. Regulation on the Minimum Safety and Health Requirements of the Employees Working in the Fishing Vessels.

26. Regulation on the Prevention of the Risks of Exposure to Biological Factors.

27. Regulation on the Pregnant and Breast-feeding Women and Breast-feeding Rooms and Childcare Houses.

Administrative structure regarding occupational health and safety

155. The most competent authority for the occupational health and safety in Turkey is the General Directorate for Occupational Health and Safety of the Ministry of Labour and Social Security. Its major functions are to implement the legislation concerning occupational health and safety; to designate national policies and to prepare programmes in accordance with these policies; to ensure coordination and cooperation with national and international institutions; to suggest necessary measures for effective control and to monitor the outcomes of these suggestions; to conduct standard activities, measurement, evaluation, technical control, training, consultation and expertise, and to examine and authorize the persons and institutions conducting such work; to prepare and develop norms, publishing documentations and compiling statistics.

156. Furthermore, Article 80 of the Labour Law stipulates that for enterprises in the industrial sector, permanently employing at least 50 persons, where works are performed continuously for longer than six months, each employer is obliged to establish a board on occupational health and safety.

Objectives for the future of occupational health and safety

157. Objectives for the future of occupational health and safety in Turkey can be summarised as follows:

(i) Raising awareness about occupational health and safety;

(ii) Modernising the related to occupational health and safety;

(iii) Providing counselling and training services for the small and medium sized enterprises in the field of occupational health and safety;

(iv) Improving the quality and quantity of the workplace measurements, examination and research activities;

(v) Establishing a common ground for cooperation with the international organisations;

(vi) Forming an advanced registration system in order to create a database for occupational accidents and diseases;

(vii) Minimizing the number of occupational accident and disease cases.

The ongoing projects in the field of occupational health and safety

158. Numerous projects related to occupational health and safety in cooperation with both the EU and individual European countries have been underway. Some of these projects are as follows:

(i) Project of Upgrading Occupational Health and Safety in Turkey;

(ii) Work Life and EU Enlargement Project of Sweden;

(iii) Matra and PSO[*] Programmes;

(iv) Matra Project of the Netherlands on the EC Council Regulation No. 339/93;

(v) The Netherlands Management Cooperation Programme;

(vi) EU Twinning Project on Market Surveillance Support on Personal Protective Equipment.

Awareness-raising activities

159. Among the awareness-raising activities regarding occupational health and safety in Turkey, the following can be named:

(i) Since 1987 “National Occupational Health and Safety Week” has been organised by the Ministry of Labour and Social Security;

(ii) In 2004 General Directorate for Occupational Health and Safety held seminars on the occupational health and safety in 5 provinces in Turkey;

(iii) Since 2001 “Regional Conference on International Occupational Health and Safety” has been organised;

(iv) Under the Project of Upgrading Occupational Health and Safety in Turkey training activities were held in 10 provinces in 2005;

(v) An agreement has been reached with GAP TV channel for a 52-week radio programme on occupational health and safety.

Occupational accidents and diseases

160. According to the statistics provided by the Social Security Organisation (SSK), in 2003 there occurred 76.668 occupational accidents and 440 occupational diseases. As a consequence of these accidents and diseases, 2.111.432 working days were lost.

161. More detailed information on occupational accidents and diseases between 1999 and 2003 can be found in Table 13.

Table 13

Occupational accidents and diseases (1999–2003)

Source: SSK.

Working hours, rest, leisure, public holidays

Regulations on Working Hours

162. Main provisions regarding the regulation of working hours have been introduced by the Labour Law No. 4857. There are also provisions about the working periods in the Press Labour Law, the Maritime Labour Law, the Law on Week Holidays, the Law on Midday Rest, the Law on National Festivals and General Public Holidays, the Apprenticeship and Vocational Training Law and the Private Education Institutions Law.

163. As for daily and weekly working hours, Article 63 of the Labour Law stipulates that the maximum duration of working period is 45 hours per week which must be evenly distributed among workdays unless otherwise agreed. According to the same provision, provided that the employer and employees mutually consent, 45 hours can be unevenly distributed among workdays on the condition that no workday exceeds 11 hours. The said Law also states that the average weekly working period of an employee may not surpass the regular weekly working period during a period of two months. The compensation period may be increased by up to four months by collective labour contracts.

164. According to Article 64 of the Labour Law, in case work is performed substantially below normal working periods or completely stopped as a result of force majeure, temporary closure of the workplace prior to or after national or general holidays, or similar reasons, or the employee goes on a leave upon his/her request, the employer may instigate compensation work for vacant periods within two months. Such works may not exceed three hours a day, provided that they do not exceed daily maximum working period. Compensation works may not be made on holidays, and are not considered overtime or work with excess periods.

165. Article 65 of the Labour Law states that in case the work is temporarily stopped at the workplace for a minimum of four weeks or short work is applied due to partial or complete closedown of the activities of workplace temporarily as a consequence of a general economic crisis or force majeure, short work benefits are paid to the employees from unemployment insurance for the periods they do not work. Short work period may not exceed the duration of force majeure and in any case three months.

166. The “night-shift” in work life is the period starting at 08.00 pm at the latest and ending at 06.00 am at the earliest. It lasts for 11 hours at maximum. Night-shift working of employees may not exceed seven and a half hours.

167. Regarding the breaks, the worker is granted a minimum break for:

(i) 15 minutes for jobs lasting four hours or shorter;

(ii) Half an hour for jobs lasting longer than four hours but shorter than seven and a half hours (included);

(iii) One hour for jobs lasting longer than seven and a half hours.

168. Week holidays are regulated in Article 46 of the Labour Law. At workplaces covered by this Law, employees are given at least 24 hours of rest time (week holidays) within a period of seven days, on the condition that they have worked for the working period determined under Article 63 of the said Law before the holiday.

169. The employer pays the wage for the unworked week holiday completely without any work in return.

170. As regards the working on national and general public holidays, it may be agreed with the collective labour contracts or labour contracts whether or not to work on such days. If there is nothing provided in the contract, the employee’s approval is required for overtime on those days.

171. The employer pays the complete wage for the unworked national and general public holidays. In case that the employee works on such days, he/she is additionally paid the wage of one day for each worked day.

172. According to Article 53 of the Labour Law, employees who have worked for at least one year, including the probation period, from the date of recruitment are entitled to annual paid leave.

173. The right to annual paid leave cannot be waived.

174. The duration of annual paid leave cannot be less than:

(i) 14 days for those who have worked a period of one to five years (included);

(ii) 20 days for those who have worked a period of five and to fifteen years;

(iii) 26 days for those who have worked a period of fifteen years (included) and more.

175. However, the duration of annual paid leave for the employees at the age of 16 and under and those of 50 years old and over cannot be less than 20 days.

176. The employer is obliged to pay the wage pertaining to the period of annual leave of each employee in advance prior to commencement of the leave. The wages pertaining to week holidays, national and general public holidays coinciding with the period of annual leave are paid separately.

177. As regards working during maternity and breast feeding leave, which are regulated in Article 74 of the Labour law, it is the principle that female employees should not be forced to work eight weeks before and eight weeks after the delivery. In case of multiple pregnancy, such eight-week period before the delivery is increased by two weeks. If, however, health condition of the employee permits, she may work until three weeks before the delivery upon approval of a physician. In this case, such worked period is added to the period after the delivery.

178. The female employee is entitled to have unpaid leave for up to six months after the expiry of sixteen-week period, or for multiple pregnancy, eighteen-week period, upon request. Such period is not considered in calculating the annual paid leave.

179. Female employees are granted breast feeding leave for one and a half hours a day until their infant reaches the age of one.

Workers who cannot benefit from the provisions of the Labour Law No. 4857

180. All employees, except for those working in the businesses specified in Article 4 of the Labour Law, benefit from the provisions of the Labour Law No. 4857. The specified businesses and business relations which are not covered by the Labour Law are as follows:

(i) Sea and air transport businesses;

(ii) Businesses or enterprises carrying out agricultural and forestry works and employing less than 50 (including) workers;

(iii) All building works related to agriculture within the limits of family economy;

(iv) Houses and businesses where handcrafts are performed among the members of a family and relatives up to 3rd grade (including) without participation of external persons;

(v) Domestic services;

(vi) Apprentices, provided that the provisions of occupational health and safety are reserved;

(vii) Sportspeople;

(viii) Persons undergoing rehabilitation;

(ix) Businesses where three persons are employed pursuant to the definition given in Article 2 of the Law 507 on Tradesmen and Craftsmen.

181. However, the following works are still subject to the provisions of the Labour Law No. 4857:

(i) Loading and unloading businesses from ships to shore and from shore to ships at the landing stages or ports and quays;

(ii) Businesses performed at all ground facilities of aviation;

(iii) Works performed at the workshops and factories where agricultural arts and agricultural tools, machinery and parts are produced;

(iv) Construction works performed at agricultural enterprises;

(v) Works performed at parks and gardens open to public use or annexed to the business;

(vi) Works related with sea products, producers working at seas and not covered by Maritime Labour Law and not considered as agricultural works.

182. While the previous Labour Law No. 1475, which had been in force until the Labour Law No. 4857 entered into force in 2003, excluded all the businesses and enterprises functioning in agriculture and forestry sector, the Labour Law No. 4857 covers those businesses and enterprises employing more than 50 workers. In order to regulate the working conditions of the employees working in this kind of businesses and enterprises, “the Regulation on the Working Conditions of the Employees Working in Agricultural and Forestry Businesses” was issued and came into effect on 6 April 2004.

183. Considering the works related to sea and air transportation, although the Labour Law No. 4857 does not cover the businesses conducting transportation via sea and air, loading and unloading businesses from ships to shore and from shore to ships at the landing stages or ports and quays are subject to the said Law. Given that the majority of the employees working in sea and air transportation sector are employed in this form of businesses, these employees benefit from the provisions of the Labour Law. For the workers employed in ships and those who are not covered by the Labour Law, the Sea Labour Law No. 854 is applied.

184. The main obstacle for the implementation of the Labour Law is the unregistered employment rather than the exceptions in the Law. The State encounters difficulties in auditing the unregistered businesses which are generally contract manufacturers for the big enterprises and in applying the provisions of the Labour Law to these businesses.

Article 8

185. Turkey is party to the International Covenant on the Civil and Political Rights and the following major ILO conventions regarding freedom of association and the right to organise:

(i) ILO Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87): Turkey approved the said convention by the Council of Ministers Decree No. 93-3967, dated 8 January 1993, and submitted its most recent report covering the period from 1 June 2004 to 31 May 2006 to the ILO;

(ii) ILO Right to Organise and Collective Bargaining Convention, 1949 (No. 98): The ratification document of Turkey was registered by the ILO on 23 January 1952. The latest report covering the period from 1 June 2004 to 31 May 2006 was submitted to the ILO;

(iii) ILO Labour Relations (Public Service) Convention, 1978 (No. 151): Turkey approved the said convention by the Council of Ministers Decree No. 93-3967, dated 8 January 1993, and submitted its most recent report covering the period from 1 June 2001 to 31 May 2003 to the ILO.

Legal provisions regarding the right to organize

186. The right to organise is defined as a fundamental right which covers not only the individual freedom of association of the workers and the employers, but also the collective freedom of association that guarantees the existence of trade unions and their particular activities.

Constitutional provisions

187. Articles 51 and 53 of the Turkish Constitution safeguard the right to organize labour unions and collective bargaining.

Article 51 (As amended on October 17, 2001)

Employees and employers have the right to form labour unions employers’ associations and higher organizations, without obtaining permission, and they also possess the right to become a member of a union and to freely withdraw from membership, in order to safeguard and develop their economic and social rights and the interests of their members in their labour relations. No one shall be forced to become a member of a union or to withdraw from membership.

The right to form a union shall solely be restricted by law and with the purposes of safeguarding national security and public order and to prevention of crime commitment, protection of public health and public morals and the rights and freedoms of others.

The formalities, conditions and procedures to be applied in exercising the right to form union shall be prescribed by law.

Membership in more than one labour union cannot be obtained at the same time and in the same work branch.

The scope, exceptions and limits of the rights of civil servants who do not have a worker status are prescribed by law in line with the characteristics of their job.

The regulations, administration and functioning of labour unions and their higher bodies should not be inconsistent with the fundamental characteristics of the Republic and principles of democracy.

Article 53 (As amended on July 23, 1995)

Workers and employers have the right to conclude collective bargaining agreements in order to regulate reciprocally their economic and social position and conditions of work.

The procedure to be followed in concluding collective bargaining agreements shall be regulated by law.

The unions and their higher organizations, which are to be established by the public employees mentioned in the first paragraph of Article 128 and which do not fall under the scope of the first and second paragraphs of the same article and also Article 54, may appeal to judicial authorities on behalf of their members and may hold collective bargaining meetings with the administration in accordance with their aims. If an agreement is reached as a result of collective bargaining, a text of the agreement will be signed by the parties. Such text shall be presented to the Council of Ministers so that administrative or judicial arrangements can be made. If such a text cannot be concluded by collective bargaining, the agreed and disagreed points will also be submitted for the consideration of the Council of Ministers by the relevant parties. The regulations for the execution of this article are stipulated by law.

More than one collective bargaining agreement at the same place of work for the same period shall not be concluded or put into effect.

Other legislation

188. Laws, bylaws and regulations regarding the right to organize are as follows:

(i) Trade Unions Act No. 2821, dated 5 May 1983;

(ii) Trade Unions Law for Civil Servants No. 4688, dated 25 June 2001;

(iii) Collective Labour Agreement, Strike and Lockout Act No. 2822, dated 5 May 1983;

(iv) Bylaw on the Branches of Activity, dated 6 December 1983;

(v) Bylaw No. 18433 on the Request for an Arbitrator and an Official Mediator, dated 16 June 1984;

(vi) Bylaw on the Measures to be taken by the Civilian Administrators during Strikes Lock-outs, dated 5 October 1989.

189. Full texts of the Trade Unions Act No. 2821, the Trade Unions Law for Civil Servants No. 4688 and the Collective Labour Agreement, Strike and Lock-out Act No. 2822 can be found in Annexes IV, V and VI respectively.

Trade Unions Act No. 2821

190. In Article 2 of the Trade Unions Act, trade unions are defined as “organisations with corporate status constituted by workers or employers in order to protect and promote their common economic and social rights and interests in labour relations”.

Establishment of trade unions

191. According to Article 3 of the Trade Unions Act, workers’ and employers’ trade unions may be constituted on an industrial basis by workers employed in establishments in the same branch of activity and by employers with the purpose of their activity widespread throughout Turkey. In compliance with the same Article, more than one trade union may be constituted in the same branch of activity and workers’ trade unions shall not be constituted on an occupational or workplace basis.

192. Article 4 of the said Act states that the branch of activity covering an establishment shall be determined by the Ministry of Labour and Social Security. Within 15 days starting from the publication of the said Ministry’s decision in the Official Gazette, the parties concerned may lodge an appeal against this decision to the local court having jurisdiction in labour matters. The court shall give a ruling on the appeal within two months. Where this ruling is appealed, a final ruling shall be given by the Court of Appeals within two months.

Requirements for becoming founding members of a trade union

193. Requirements for the founding members wishing to establish a trade union are listed in Article 4 of the Trade Unions Act. Accordingly, founding members of a trade union must be Turkish citizens; be in full possession of their civic rights; be actively employed within the branch of activity in which the trade union is to be constituted; not be debarred from public service; be able to read and write Turkish; not have been found guilty of felonies listed in the said Article.

194. In cases where any founding member of an employers’ trade union is a corporate body, the real person representing this body shall fulfil all the above conditions except for active employment within the branch of activity.

195. Founders of any trade union shall submit a petition to the Governor of the province where the registered office of the trade union is to be located. According to Article 6 of the Trade Unions Act, trade unions may be established without prior authorization.

Membership of the workers’ and employers’ trade unions

196. According to Article 22 of the Trade Unions Act, acquisition of membership in a trade union shall be optional. No one shall be forced to join or not to join a trade union. Within the meaning of the same Article, no worker or employer shall be a member of more than one trade union in the same branch of activity at the same time. In the case of membership in more than one trade union, any later membership shall be void. In compliance with the said Article, workers may only join the trade union constituted in the branch of activity they are working in.

197. Article 25 of the Act stipulates that no worker or employer shall be forced to maintain or resign from his membership in a trade union. Any member may resign from a trade union by giving prior notice. The decision of expulsion of any member from a trade union or confederation shall be taken by the general congress.

Requirements for becoming a trade union member

198. Requirements for becoming a trade union member are provided in Article 20 of the Trade Unions Act. Any person who is a worker within the meaning of the Act and is over 16 years of age may join a workers’ trade union. Persons under 16 years of age may join trade unions with the written consent of their parents or guardians. Any employer within the meaning of the Act may join an employers’ trade union.

Those who cannot become members of workers’ and employers’ trade unions

199. According to Article 22 of the Trade Unions Act, the military personnel — except for the workers employed in undertakings attached to the Ministry of National Defence, the General Command of Gendarmerie and the Command of Coast Guard — are forbidden to become founders or members of trade unions.

Trade union membership of the foreign nationals

200. Since Article 5 of the Trade Unions Act stipulates that only Turkish citizens can become founding member of a trade union, it is not possible for foreign nationals to establish trade unions. However, those foreign nationals working in Turkey can become trade union members though they are not allowed to take positions in the main organs of the union.

Establishment of confederations

201. Confederations may be established without obtaining prior authorization, just like trade unions.

Affiliation to and withdrawal from confederations

202. Affiliation to a confederation shall be conditional upon the decision of the general assembly of the trade union. Such a decision shall be taken by the absolute majority of the total number of members or delegates of the general assembly of the trade union. Trade unions shall not be affiliated to more than one confederation. In the case of affiliation to more than one confederation, all shall be void. The same shall also apply in constituting confederations or to withdrawals from any confederation.

Affiliation to international workers’ and employers’ organizations

203. The statute of the international organization shall be forwarded by the relevant organization to the Ministry of Labour and Social Security within 15 days following the date of its acquisition of membership. Where an international organization to which trade unions or confederations are affiliated has a position or carries out activities contrary to the principles set out above, the Ministry of Labour and Social Security shall file a complaint to the labour court for the withdrawal of membership.

Protection of trade union activities

204. Article 29 of Trade Unions Act provides protection for workers’ trade union and confederation officials. In accordance with the said Article, in cases when a worker leaves his/her job with his/her freewill after being elected as member or chairman of the administration board of a workers’ trade union or confederation and wishes to be reinstated in his/her prior employment afterwards, the employer shall be bound to reinstate him in his/her previous post or in a post fitting his/her prior employment within one month after the worker’s request. In this case, the worker’s all previous seniority rights and wage level will be retained.

205. Article 30 of the Trade Unions Act regulates the protection provided for trade union representatives in the workplaces. Accordingly, no employer shall terminate the employment contracts of trade union representatives working in his enterprise without a just reason stated clearly and precisely. The trade union representative has the right to lodge an appeal to the competent labour court within one month of the date of notice. The judgment of the court shall be final. If the court decides that the trade union representative is to be reinstated in his/her employment, the termination shall be annulled and the employer shall pay his/her full wage and all other benefits to which s/he is entitled with effect from the date on which his/her employment was terminated.

206. In accordance with Article 31 of the Trade Unions Act, the recruitment of workers is not subject to any condition as to their membership of a trade union. Obliging them to join or refrain from joining a given trade union or to remain a member of or resign from a given trade union is unlawful.

207. Employers shall not make any discrimination between workers who are members of a trade union and those who are not, or those who are members of another trade union, with respect to recruitment, arrangement and distribution of work, promotion, wages, bonuses, premiums, social benefits, discipline rules or provisions respecting other issues, including termination of employment.

208. No worker shall be dismissed on the account of his/her participation in the activities of trade unions or confederations outside the working hours or during working hours with the employer’s permission, and no worker shall be subjected to discrimination for any reason in this regard.

209. If an employer fails to observe the above provisions, he/she shall be liable to pay compensation and reinstatement.

Trade Unions Law for Civil Servants No. 4688

210. The Trade Unions Law for Civil Servants defines trade unions as organisations with legal personality established by civil servants to protect and improve their common economic, social and professional rights and interests.

Establishment of civil servants’ trade unions

211. Article 5 of the Trade Unions Law for Civil Servants states that civil servants’ trade unions shall be established in accordance with the branch of service and for the purpose of operating throughout Turkey. It is possible to establish more than one trade union in one branch of service. However, establishment of civil servants’ trade unions on the basis of occupation or workplace is forbidden.

212. The branches in which civil servants’ trade unions can be established are determined by Article 5 of the said Law: bureau services; banking and insurance services; educational and scientific services; medical and social services; local administration services; media, publication and communication services; cultural and art services; construction and village services; transportation services; agricultural and forestry services; energy, industry and mining services; religious affairs and foundation services.

213. In accordance with Article 6 of the said Law, civil servants can freely establish trade unions and confederations without prior authorization. To this end, they shall submit the statute of the trade union or the confederation as well as other documents stipulated by the Law to the governorship in the province where the centre of the trade union or the confederation is located.

214. In order to become a founding member of a civil servants’ trade union, it is necessary to have been working as a civil servant for at least two years.

Membership of the civil servants’ trade union

215. According to Article 14, civil servants can become members of the civil servants’ trade unions which are established in the branch of service of the workplace they work. Multiple membership of more than one trade union is invalid.

216. Any member may resign from membership freely, as Article 16 stipulates.

Those who cannot become members of civil servants’ trade unions

217. In the Trade Unions Law for Civil Servants No. 4688, there is a broader limitation on the personnel who cannot be members of trade unions than in the Trade Unions Act No. 2821. Under Article 15 of the Trade Unions Law for Civil Servants, the civil servants noted below cannot be a member of and establish trade unions:

(i) Public officials who work in the Secretariat General of the Turkish Grand National Assembly, the General Secretariat of the Office of President, the Secretariat General of the National Security Council;

(ii) Chairpersons and members of higher judicial organs, judges, public prosecutors and those considered to be members of this profession;

(iii) With respect to the establishments and institutions included in the scope of this Law, those who are undersecretaries, chairpersons, general directors, heads of department and their deputies, members of board of directors, directors of the supervisory units of central organization and chairpersons of the boards, legal consultants, top directors of regions, districts and sub-district organizations and other civil servants with equal or higher ranking, top directors of the workplaces employing 100 or more civil servants and their deputies, mayors and their deputies;

(iv) Chairperson and members of the Higher Education Council, chairperson and members of the Higher Education Supervisory Council, rectors of universities and higher technology institutes, deans of faculties, principals of institutes and colleges and their deputies;

(v) Directors of civil administration;

(vi) Members of the Armed Forces;

(vii) Civilian officials and civil servants employed as the permanent staff of the Ministry of National Defence and the Turkish Armed Forces (the General Command of Gendarmerie and the Command of Coast Guard included);

(viii) Employees of the National Intelligence Organization;

(ix) Central supervision staff of the establishments and institutions included in the scope of this Law;

(x) Security services personnel and other personnel included in other services working in the security organization and private security personnel of the public establishments and institutions;

(xi) Civil servants employed in the penitentiary institutions.

Affiliation to confederations and international trade union organizations

218. Under Article 17 of the Trade Unions Law for Civil Servants, a trade union can become member to only one confederation. In case of multiple memberships, the following membership will be invalidated.

219. It is free for a trade union to become a member of or resign from any international trade union organization relevant with its objectives.

Closure of civil servants’ trade unions

220. Article 37 provides that trade unions and confederations inconsistent with the fundamental characteristics of the Republic and the principles of democracy will be closed down by the decision of the local labour court upon the request of the chief public prosecutor in charge charged at the location of the head office of the said trade union or confederation.

Developments on the right to organize

Developments related to the Trade Unions Act

221. Work has been carried out for amending some provisions of the Trade Unions Act No. 2821 with a view to harmonizing Turkish legislation with the ILO and European standards, adjusting the freedom of trade unions to international norms and solving the problems faced during implementation. In this regard, in the time of drafting of this report, negotiations with the social parties still continue concerning the draft bill on Amendments of some Provisions of the Trade Unions Act No. 2821.

Developments related to the Trade Unions Law for Civil Servants

222. With the Trade Unions Law for Civil Servants No. 4688, which entered into force on 13 August 2001, the civil servants outside the scope of the Trade Unions Act No. 2821 were granted the right of establishing and being members of trade unions and collective bargain. This Law was put into practice in accordance with civil servants’ right to organize, which was brought into the public agenda as a result of the amendment made in the Constitution on 23 July 1995, and ensured for the first time to start a social dialogue between civil servants and the State.

223. With the said Law, civil servants’ right to organize, together with the right to collective bargaining, was ensured. In this context, the Public Employer Board representing the Government is entrusted to make collective bargaining with the authorized trade unions determined by the Ministry of Labour and Social Security.

224. Difficulties arising from the said Law have been tackled through the circulars issued, and the dialogue between the civil servants’ trade unions and confederations and the Ministry of Labour and Social Security.

225. In order to resolve the problems in the implementation of the Trade Unions Law for Civil Servants, a commission was established under the presidency of the Director General of Labour of the Ministry of Labour and Social Security. With the contribution of the members of the commission, a “Law Amendment Draft”, which was agreed by the confederations, was drawn.

226. Moreover, the “Tripartite Advisory Board”, which is to function in accordance with the “Regulation on the Working Procedure and Merits of the Tripartite Advisory Board on Working Life” dated 4 April 2004, held its first meeting with the participation of the representatives of the civil servants’ trade unions confederations in May 2004. In this meeting, it was decided that Article 6 of the Trade Unions Law for Civil Servants would be amended in order to alleviate the problems encountered during the implementation of the said Law. Following this decision, the Law Amendment Draft was adopted by the Parliament and entered into force in July 2004.

227. On the other hand, a public administration reform process has been in general underway in Turkey.

Statistical information on trade unions and trade union confederations and the rate of unionization

228. As of July 2006, the number of workers’ trade unions is 94. There are also 51 employers’ trade unions. The number of civil servants’ trade unions is 61.

229. The unionization rate in Turkey is 58.21% for workers, and 49.70% for civil servants.

230. Detailed list of trade unions in accordance with their branch of activity, the number of their members and the unionization rates are submitted in Annex VII.

Table 14

Trade union confederations

Source: Ministry of Labour and Social Security.

The right to strike and lockout

231. The right to strike and lockout is safeguarded both by the Constitution and other legislation, mainly the Collective Labour Agreement, Strike and Lockout Act No. 2822, dated 5 May 1983.

Article 54

Workers have the right to strike if a dispute arises during the collective bargaining process. The procedures and conditions governing the exercise of this right and the employer’s recourse to a lockout, the scope of both actions, and the exceptions to which they are subject shall be regulated by law.

The right to strike and lockout shall not be exercised in a manner contrary to the principle of goodwill to the detriment of society, and in a manner damaging national wealth.

During a strike, the trade union is liable for any material damage caused in a work-place where the strike is being held, as a result of deliberately negligent behaviour by the workers and the trade union.

The circumstances and places in which strikes and lockouts may be prohibited or postponed shall be regulated by law.

In cases where a strike or a lockout is prohibited or postponed, the dispute shall be settled by the Supreme Arbitration Board at the end of the period of postponement. The disputing parties may apply to the Supreme Arbitration Board by mutual agreement at any stage of the dispute.

The decisions of the Supreme Arbitration Board shall be final and have the force of a collective bargaining agreement.

The organisation and functions of the Supreme Arbitration Board shall be regulated by law.

Politically motivated strikes and lockouts, solidarity strikes and lockouts, occupation of work premises, labour go- slows, and other forms of obstruction are prohibited.

Those who refuse to go on strike shall in no way be barred from working at their work-place by strikers.

232. In Articles 25 and 26 of the Collective Labour Agreement, Strike and Lockout Act, definitions of legal and unlawful “strike” and “lockout” are provided. It is also stipulated that no strike and lockout shall be called for any purpose contrary to the indivisible integrity of the State with its territory and the nation, national sovereignty, the Republic and national security.

Activities where strikes and lockouts are prohibited

233. Article 29 of the Collective Labour Agreement, Strike and Lockout Act regulates the activities where strikes and lockouts are prohibited:

(i) Rescuing life and property;

(ii) Funeral and mortuary;

(iii) Production of coal for water, electricity, gas and coal power plants; exploration, production, refining and distribution of natural gas and petroleum; petrochemical works, production of which starts from naphtha or natural gas;

(iv) Banking and public notaries;

(v) Fire fighting, land, sea, railway urban transportation and other public transportation on rail.

Establishments where strikes and lockouts are prohibited

234. According to Article 30 of the said Act, any strike or lockout in the following establishments shall be unlawful.

(i) Any health institution, such as a hospital, clinic, sanatorium, health centre, dispensary, chemist’s shop or pharmacy, or establishment for the preparation of vaccine or serum: Provided that the foregoing shall not be deemed to include any establishment manufacturing medicines;

(ii) Educational and training institutions or day nursery and old-age retirement homes;

(iii) Cemeteries;

(iv) Any establishment run directly by the Ministry of National Defence, the General Command of Gendarmerie or the Command of Coast Guard.

Temporary prohibitions

235. Article 31 states that it shall not be permissible to call a strike or order a lockout in time of war or during a general or partial mobilization. Where the life of the community is paralyzed by a disaster caused by fire, flood, landslide, avalanche or earthquake, the Council of Ministers may issue an order prohibiting strikes and lock-outs in respect of such areas and branches of employment as it may deem necessary, in view of the situation and for such time as the situation requires. The lifting of the prohibition shall be subject to the same provisions. It shall not be permissible to call a strike or order a lock-out in any land, sea or air transportation vehicle which has not yet reached its final destination within Turkish territory.

Exclusion of the workers from taking part in a lawful strike or lockout

236. In Article 39 of the Collective Labour Agreement, Strike and Lockout Act provides the conditions and procedures for the exclusion of workers from taking part in a lawful strike or lockout.

Provided that their activities are unrelated to the production or sale of goods, a sufficient number of workers shall be required to work and the employer shall be required to employ them, with the object of ensuring the continuity of work in processes which have to be maintained for technical reasons; ensuring the safety of the establishment and preventing damage to machinery, installations, equipment, raw materials and finished and semi-finished products; and ensuring the protection of animals and plants.

The type and number of workers, including substitutes, to be excluded from a strike or lockout shall be announced in writing within the establishment by the employer or his representative during the six working days following the commencement of collective bargaining, a copy of the announcement being sent to the workers’ union that is party to the bargaining. If no appeal against this notice is lodged by the workers’ union with the local court of law having jurisdiction in labour matters within six working days, the notice shall become final. Where an appeal is lodged, the local court shall take a decision within six working days. This decision shall be final.

If the workers to be excluded from a strike or lock-out have not been determined for any reason during the time limit fixed by this Act, the workers’ or employers’ union may request the regional directorate of the Ministry of Labour and Social Security to determine such workers even after the expiry of the time limit. The regional directorate shall take a decision as soon as possible and notify the parties. Where necessary, the regional directorate may take a decision at its own initiative. Any of the parties may lodge an appeal with the local competent court against such decision. In disputes concerning an enterprise agreement, the competent court shall be determined according to where the headquarters of the enterprise are located and the regional directorate of the Ministry of Labour and Social Security according to the region where each of the establishments is located.

Article 9

237. Turkey is party to the ILO Social Security (Minimum Standards) Convention of 1952 (No. 102) since 29 January 1975. Turkey’s latest report covering the period 1 July 2001–30 June 2004 was submitted to the ILO.

Legal provisions regarding the right to social security

Constitutional provisions

238. The right to social security is safeguarded in Articles 60, 61, 62 and 65 of the Constitution.

Article 60

Everyone has the right to social security. The State shall take the necessary measures and establish the organization for the provision of social security.

Article 61

The State shall protect the widows and orphans of those killed in war and in the line of duty, together with the disabled and war veterans, and ensure that they enjoy a decent standard of living.

The State shall take measures to protect the disabled and secure their integration into community life.

The aged shall be protected by the State. State assistance to the aged, and other rights and benefits shall be regulated by law.

The State shall take all kinds of measures for social resettlement of children in need of protection.

To achieve these aims the State shall establish the necessary organizations or facilities, or arrange for their establishment by other bodies.

Article 62

The State shall take the necessary measures to ensure the family unity, the education of the children, the cultural needs, and the social security of Turkish nationals working abroad, and shall take the necessary measures to safeguard their ties with the home country and to help them on their return home.

Article 65 (As amended on October 3, 2001 – 4709/Article 22)

The State shall fulfil its duties as laid down in the Constitution in the social and economic fields within the limits of its financial resources, taking into consideration the priorities appropriate with the aims of these duties.

Other legislation

239. In addition to the Constitution, the following laws guarantee and regulate the right to social security.

(i) Social Insurance Act No. 506 (Full text of the Social Insurance Act No. 506 is appended to the Report as Annex VIII);

(ii) Pension Fund Act No. 5434;

(iii) BAG-KUR Act No. 1479 (for craftsmen, artisans and other self-employed);

(iv) Social Insurance Act for Agricultural Employees No. 2925;

(v) Social Insurance Act for the Self-employed in Agricultural Sector No. 2926;

(vi) Law No. 3201 on the Evaluation of the Stay Period of the Turkish Citizens Living Abroad With Respect To Social Security;

(vii) Law No. 2022 on Putting Dependent and Weak Turkish Citizens over Sixty-Five Years of Age on Salary;

(viii) Unemployment Insurance Law No. 4447;

(ix) Law on the Social Services and Children Protection Agency (SHCEK);

(x) Law on the Fund for the Encouragement of Social Assistance and Solidarity;

(xi) Law No. 5502 on Social Security Institution;

(xii) Law No. 5510 on Social Insurances and General Health Insurance. (Its entry into force postponed to 1 October 2008).

Social security institutions and benefits

240. The social security system in Turkey is based on the principle of distribution implemented in accordance with five different laws by three different social security institutions which function under public control. These three social security institutions are:

(i) The Social Security Organisation (SSK);

(ii) The Social Security Organisation for Craftsmen and Artisans and the Self-Employed (BAG-KUR);

(iii) The Pension Fund (Emekli Sandığı).

241. These three institutions have been merged into one institution under a new umbrella institution entitled “Social Security Institution” pursuant to the Law No. 5502 on Social Security Institution, which was put into force in May 2006.

242. There is also the ISKUR as far as the unemployment insurance is concerned.

243. Main social security benefits in Turkey are as follows:

(i) Medical care;

(ii) Cash sickness benefits;

(iii) Maternity benefits;

(iv) Old-age benefits;

(v) Invalidity benefits;

(vi) Survivors’ benefits;

(vii) Employment injury and sickness benefits.

The coverage of the social security system

244. The SSK covers workers, agricultural workers, optional insurance holders, apprentices and package policy holders, and their titleholders.

245. The BAG-KUR covers craftsmen and artisans and other self-employed workers, farmers, optional insurance holders, housewives and village headmen, and their titleholders.

246. The Pension Fund covers civil servants and their titleholders.

247. The “Green Card” is given to the citizens who have no social security insurance and the poor.

248. Unemployment insurance covers the workers with social security.

249. Detailed data on the population covered by social security schemes is submitted in Annex IX.

Insurance premiums

250. The social security institutions are financed through the premiums they collect. However, in case the premiums do not cover the expenses, the budget deficits of these institutions are met by the transfers from the Government budget. Tables illustrating budget transfers to the SSK, the BAG-KUR and the Pension Fund are submitted in Annex X.

Invalidity, old-age and decease

• SSK Agricultural workers: 30% (depending on the income)

Others: 20% + for nominal service 2% (depending on the income)

• BAG-KUR Agricultural workers: 20% (depending on the income)

Others: 20%

• Pension Fund 20%

Medical care, maternity, employment injury and sickness

• SSK 13.5%–19%

• BAG-KUR Agricultural workers: 20%

Others: 20%

• Pension Fund 20%

Unemployment insurance

• Employer 2%

• Worker 1%

• The State 1%

Green card

Free medical care is provided by the State.

Conditions for receiving social security benefits

SSK

251. Old-Age Benefits: For receiving old age benefits, the minimum age limit for women is 58, and for men 60. The insurance holder also needs to have paid old-age, invalidity and deceased insurance premiums for at least 7000 days, or he/she needs to be insured for at least 25 years and have paid old age, invalidity and decease insurance premiums for at least 4500 days.

252. Partial Retirement: The minimum age limit for this benefit is 58 for women and 62 for men. The insurance holder needs to be insured for at least 25 years and have paid his/her premiums for at least 4500 days.

253. Invalidity Benefits: In order to receive this benefit, the insurance holder must have lost two-thirds of his/her workforce, and he/she needs to be insured for at least 5 years or 1800 days and have paid old-age, invalidity and decease insurance premiums for at least 180 days a year.

254. Survivors’ Benefits: The deceased insurance holder must have been insured for at least 5 years or 900 days and have paid old-age, invalidity and decease insurance premiums for at least 180 days a year.

255. Medical Care: In order to benefit from the medical care, the insurance holder needs to have paid his/her premiums for at least 90 days.

256. Cash Sickness Benefits: The insurance holder needs to have paid medical care insurance premium for at least 120 days within the year before he/she has started to receive disability benefit.

257. Cash Maternity Benefits and Medical Assistance: The female insurance holder needs to have paid maternity insurance premium for at least 90 days within the year prior to the birth giving. The minimum time limit for the payment of maternity insurance premium for the male insurance holders to assist their spouses is 120 days.

BAG-KUR

258. Old-Age Benefits: For receiving old age benefits, the minimum age limit for women is 58, and for men 60. The insurance holder also needs to have paid his/her premiums for at least 25 years.

259. Partial Retirement: The minimum age limit for this benefit is 60 for women and 62 for men. The insurance holder needs to have paid premiums for at least 15 years.

260. Invalidity Benefits: The insurance holder must have lost two-thirds of his/her workforce, and he/she needs to have paid premiums for at least 5 years or 1800 days.

261. Survivors’ Benefits: The deceased insurance holder must have paid his/her premiums for at least 1800 days.

262. Medical Care: The minimum time limit for the payment of the medical care insurance premiums is 8 months for the insurance holders who have been insured for the first time, and 4 months for the insurance holders who have renewed their insurance.

Pension fund

263. Old-Age Benefits: For receiving old age benefits, the minimum age limit for women is 58, and for men 60. The insurance holder also needs to have paid his/her premiums for at least 25 years.

264. Partial Retirement: The minimum age limit for this benefit is 60 for women and 62 for men. Also, the insurance holder must have served for at least 15 years.

265. Invalidity Benefits: The insurance holder needs to have paid premiums for at least 3600 days.

266. Survivors’ Benefits: The deceased insurance holder must have paid premiums for at least 3600 days.

267. Medical Care: Beside the working insurance holders, those who receive retirement, invalidity, widow and orphan salaries from the Fund, and the legal dependants of those receiving retirement and invalidity salaries can benefit from medical care.

IS-KUR

268. IS-KUR insurance includes unemployment benefits, short work benefits, medical care and maternity benefits, and employment search and vocational training assistance.

269. Unemployment Benefits: The person must have worked and paid unemployment insurance premium for at least 600 days within 3 years prior to the termination of his last employment contract, and he/she must have worked continuously and paid his/her unemployment insurance premium for the last 120 days before he/she becomes unemployed. The person should apply to the IS-KUR within 30 days following the termination of his/her labour contract.

Social security expenditures

270. As of 2007, the percentage of the expenditures of the social security institutions over the national income is 9.57%. While the percentage of the budget deficits of the social security institutions over the national income in 2000 was 1.45%, in 2007 this amounted to 3.86%.

271. Economic crises experienced, changes in the structure of the population, early retirement practices, unregistered employment, low rates of premium collection, debt relief, and payments done without receiving premium can be listed among the factors affecting the increase in the budget deficits of the social security institutions within the eight-year period. Furthermore, the fragmented structure of the social security system hinders the efficient use of resources and the deficiencies in data processing facilities weaken the auditing and control.

Private social security systems

272. “Private pension system” has been put into force as a part of the “social security reform” introduced among the structural reforms in Turkey in 1999. This system aims at developing pension programmes supplementing the formal social security system, and is based on the establishment of a fund system depending on individual pension accounts.

273. Moreover, funds with character of foundations established by business organisations serve their members retirement and medical care services complementary to the formal social security system.

Social security for the people in need of protection

274. In Turkey, medical care expenses of the people in need of protection who reside in Turkey and whose income is lower than the income level set by certain criteria are covered by the State.

275. 75% of the unemployed women are in the social security system through their spouses or their families.

Developments in the social security system

276. With the reform process, measures were taken against the unregistered employment, the weight of the premiums in the calculation of premium-based wage ceilings and the pensions was increased, and therefore it has become possible for those who pay more premiums to receive higher pensions. Furthermore, the minimum age for retirement has been gradually raised.

277. Since 2003, the reform process regarding the establishment of the institutional structure embracing the retirement insurance, general medical care insurance and social assistance has been under way. The Law No. 5502 on the Social Security Institution, which brings the SSK, the BAG-KUR and the Pension Fund under one roof, namely “the Social Security Institution”, was ratified on 20 May 2006.

278. In addition, “Unemployment Insurance System” has been introduced. Alongside the unemployment insurance and unemployment benefits, trainings for finding a new job and vocational trainings have also been put into effect.

Unemployment insurance system

279. The unemployment insurance system was established by the Unemployment Insurance Law No. 4447, which entered into force on 8 September 1999.

280. According to the Law No. 4447, the unemployment insurance is defined as the compulsory insurance which averts any possible plight of the insured and family members, and which partially meets the income loss of those who have lost their jobs without their own will and fault, although they possess the will, the capacity, the health and the sufficiency required by the job. The unemployment insurance operates upon insurance technique and is established by the State.

281. The Law No. 5763 Amending the Labour Law and Some Laws was adopted on 15 May 2008. With the said Law, alongside the insured unemployed receiving unemployment benefits, it became possible for the other unemployed who are registered at IS-KUR to get job placement, consulting and cohesion services, and vocational education. The expenses of these services shall be covered by the Unemployment Insurance Fund.

282. The unemployment insurance covers the following groups:

(i) The insurance holders employed by one or more employers in the framework of a service contract in accordance with Article 2 of the Social Insurance Act No. 506;

(ii) Those who do not work as civil servant or on contract, but who are subject to interim Article 20 of the Social Insurance Act No. 506;

(iii) Those foreigners who work with insurance in Turkey in accordance with the agreement concluded in the framework of reciprocity principle;

(iv) Watchmen who are employed in accordance with the Law No. 4081 on the Conservation of Farmer’s Assets;

(v) Wage earners and those who work permanently in housekeeping services;

(vi) Wage earners in agriculture and forestry in public sector;

(vii) Wage earners and those who work permanently in agriculture and forestry in private sector;

(viii) Those who work in agricultural arts;

(ix) Those who work in agricultural workplaces but provide non-agricultural services;

(x) Those who work in parks, gardens and plantations of the workplaces that are not deemed agricultural.

283. With the inclusion of the workplaces where less than 10 workers are employed into the unemployment insurance system, all workers have become to be protected by the unemployment insurance.

284. The following services are provided for the insured unemployed who are entitled to receive unemployment benefit:

(i) The insurance holder receives unemployment benefit. This benefit is directly related to the period that the insured unemployed has worked. The insured unemployed can receive unemployment benefit for at least 180 days and at most 300 days, depending on his/her premium payment period. Unemployment benefits are paid for a period of 180 days to the insurance holders who have paid premiums for 600 days. Those who have paid premiums for 900 days receive unemployment benefits for 240 days, and those who have paid premiums for more than 1080 days receive the benefits for 300 days;

(ii) During the period in which the unemployed receives unemployment benefit, medical care and maternity insurance premiums are paid to the SSK or private pension funds to which the unemployed is affiliated. The insured unemployed and his/her dependants can thus enjoy medical care services;

(iii) A temporary invalidity benefit for the period of rest determined by medical report is paid to the insured unemployed receiving unemployment benefit;

(iv) The insured unemployed receiving unemployment benefit is provided with counselling services concerning workforce market and vocational training;

(v) They are also provided with training on vocational development and career making;

(vi) Assistance is provided for the insured unemployed receiving unemployment benefit in order to help them find a new job.

285. As far as the conditions for receiving unemployment benefits are concerned, of the insurance holders who have paid premiums for at least 600 days within the last three years (120 days of this period should be uninterrupted) and who left their jobs without their own will or negligence:

(i) Those whose employment contracts were terminated by the employer in accordance with the dismissal notices;

(ii) Those whose employment contracts were terminated by themselves due to health problems, the employer’s immoral attitudes without goodwill, and factors requiring the business to stop for more than a week in the workplace;

(iii) Those whose employment contacts were terminated by the employer due to health problems and factors requiring the business to stop for more than a week in the workplace;

(iv) Those who had worked for a definite period of time with an employment contract and left their jobs at the end of this period;

(v) Those who were dismissed because the workplace has been transferred to another owner or closed down, or the nature of the business or the workplace has changed;

(vi) Those whose employment contracts were terminated due to privatization are entitled to receive unemployment benefits.

Article 10

286. With respect to the rights of women and children, Turkey is party to numerous international legal instruments, which include the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, the Convention on the Elimination of all Forms of Discrimination Against Women, European Convention on the Exercise of Children’s Right, the ILO Minimum Age Convention (No. 138), the ILO Worst Forms of Child Labour Convention (No. 182) and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organised Crime.

The concept of “family” in the Turkish society

287. In Article 41 of the Constitution, the family is described as the essence of the Turkish society. As a result, the family has been the focus of the social policies. With the foundation of the General Directorate of Family Researching Organization in 1989 (it was restructured in 2004 as “the Directorate General for Family and Social Research” attached to the Office of the Prime Minister), the central importance of the family as a matter of social policies in Turkey has been more manifestly underlined.

288. The Directorate General for Family and Social Research was founded with an aim to conduct national and international scientific researches, to identify and resolve the social problems, to strengthen the integrity of family in Turkey, to increase social welfare, to develop, support and implement projects and to develop a family-centred national policy. It also keeps and supports the institution of family with social welfare and support mechanisms.

Legal arrangements on the age of majority

289. In Article 1 of the UN Convention on the Rights of the Child, which was ratified in 1995, it was spelled out that “ ... a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.” In Articles 11 and 12 of the Turkish Civil Code No. 4721 regulating the aspects of attaining full age, it is ruled that majority begins when the age of 18 is over, getting married makes the individual an adult and a minor whose age is over 15 could be considered an adult by the court with his own will and the consent of his parents. The said arrangements are in consistency with the provisions of the UN Convention on the Rights of the Child.

290. Considering the age of majority, observations of the UN Committee on the Rights of the Child on the initial State Party Report of Turkey submitted to the Committee in 2000 were exactly taken into account in the new Turkish Civil Code No. 4721, and thus, with Article 124 of the said Code, the age for marriage was fixed as 17 for both sexes.

291. Since all the arrangements in the Turkish law as regards the conditions for attaining the full age and the definition of childhood were noted in detail in the State Party Reports submitted to the UN Committee on the Rights of the Child, the said information will not be repeated in this Report.

Social services and assistance for strengthening and protection of the family

292. In Article 41 of the Constitution entitled “Protection of the Family”, it is stipulated that:

the family is the foundation of Turkish society and it depends on equality between wife and husband. The state shall take the necessary measures and establish the necessary organisation to ensure the peace and welfare of the family, especially where the protection of the mother and children is involved, and recognizing the need for education in the practical application of family planning.

293. On the other hand, the aim of the Law No. 4320 on the Protection of the Family adopted in 1998 is to prevent violence within the family and in particular, to protect women and children.

294. The establishments and institutions in Turkey organizing and implementing the social services and assistance for individuals and families, and conducting activities for the strengthening and protection of the family are listed below:

(i) Directorate General of Social Services and Child Protection Institute (SHCEK);

(ii) Pension Fund;

(iii) Directorate General of Foundations;

(iv) Ministry of Health (MOH);

(v) Municipalities and Special Provincial Administrations;

(vi) Directorate General of Social Assistance and Solidarity (SYDGM);

(vii) Non-Governmental Organizations.

295. Among these institutions, the ones which serve the majority of society are the SYDGM, the Pension Fund and the MOH. The SYDGM provides allowance in kind and in money to families in need of assistance and furnish services such as conditional education, conditional health and cash transfer within the context of the “Social Risk Mitigation Project”. The Pension Fund puts elderly people in need over the age of 65 and handicapped people over the age of 18 on salary. The MOH reaches a great part of society out of the scope of security with “green card” implementation.

296. Social welfare measures included in the social services for the people in need are not permanent. They have a temporary nature in order to ensure that an individual could reach the minimum level standard of living in the context of social and economic characteristics of the region where the individual lives.

297. While the annual aid given to those who receive allowance in kind and in money in January 2005 was 20% of the salary of the most senior civil servant (including additional indicator), it was increased to 40% of the salary of the most senior civil servant (including additional indicator) with the amendment made in Regulation on Allowance in Money in March 2005.

298. Furthermore, the amendment made in the regulation in July 2006 envisages that the aid for school expenses, outfit, and pocket money as well as travel fees for those children who have to go to and come back from school with school buses or any other vehicles, will be paid in cash in the framework of the regulation on allowance in kind and in money.

299. The table below shows the number of people who have benefited from the aids extended by the Social Services Provincial Directorates between 1995 and 2007.

Table 15

People benefited from the allowances distributed through the Social Services Provincial Directorates (1995–2007)

Implementation of the right to marry and found a family

300. The age of marriage has been raised from 15 to 17 with the new Turkish Civil Code No. 4721. The objective is to prevent early marriages by raising the minimum age of marriage. Provisions on marriage of men and women with their own freewill take place in Article 124 and the following articles of the Turkish Civil Code. In Article 124, it is stated that:

Man or woman cannot get married until the age of 17 is over. However, the judge could allow the man and the woman who are over the age of 16 due to an extraordinary situation and a reason of primary importance. If the circumstances allow, the parents or the guardian shall be listened before the decision is taken.

301. Article 125 provides that “those who do not have the capacity to make fair judgments shall not marry”. Articles 126 and 127 provide that the minors and those with limited capacity shall not marry without the permission of their guardians. Article 128 stipulates that after listening to the legal representative who does not permit marriage without any just cause, the judge may permit the minor or the person with limited capacity to marry.

302. Primary education has been extended from 5 to 8 years in order to provide the children with more education and consciousness. The attendance of the girls in schools has been increasing by the help of relevant campaigns conducted by the State and non-governmental organizations. It is aimed to help them start a family in the future on solid grounds with their freewill and without pressure from their families.

303. The girls who are forced to marry by their families are taken under care and protection by the institutions attached to the SHCEK after due assessment. Complaints are lodged at competent authorities concerning those (their families and other people who force them to marry) who commit faulty acts against such children. According to the assessment made in the process, parental rights of such families can be terminated. New guardians are nominated for such children, all legal assistance is provided for them and it is ensured that they continue their education.

304. The SHCEK has prepared the “Child Mothers Project” for the girls described as “child mothers”, who are forced to marry at an early age through illegal ways without their consent and got pregnant, with a view to helping create a basis to produce tangible solutions and providing them with protection, counselling and assistance services. In this context, relevant public sector personnel have been trained on counselling and support services to be given to child mothers since 1995.

305. In the framework of policies for preventing exploitation of women, legal measures have been taken and those women who are subjected to or under risk of exploitation are provided with protective and support services. Such services are given mostly through women’s shelters. These shelters are boarding social centres for women suffering from psychosocial and economic hardship due to being subjected to exploitation. Such women can stay temporarily in the women’s shelters with their children. The women who can stay at such shelters can be listed as follows:

(i) Women who left their homes or who have been abandoned by their spouses due to domestic trouble;

(ii) Women who have been subjected to physical, sexual, emotional and economic exploitation;

(iii) Women who suffer from economic and social hardship as a result of divorce or death of spouse;

(iv) Women who are forced to marry;

(v) Women who got pregnant or who gave birth out of wedlock and were refused by their families;

(vi) Women who have received treatment for alcoholism;

(vii) Women who have been recently released from prison and in need of help;

(viii) Women who suffer from economic and social hardship due to circumstances out of their control.

306. It is observed that 63% of the women staying in women’s shelters had suffered physical, emotional, sexual and/or economic exploitation. The other reasons for staying in women’s shelters are uncontrollable economic and social hardship (22%), pregnancy or giving birth out of wedlock and refusal by family (8%), being forced for unwanted marriage (3%), and recent release from prison and needing support (1%). Other reasons counted for 3%, while the rate of women who previously were drug and alcohol addicts but gave up with treatment was 1%. Finally, the rate of women who are just released from prison and in need of this service was 1%.

307. The SHCEK provides services for women who are subjected to violence and under the threat of violence, mostly through women’s shelters in accordance with the “Regulation on Women’s Guesthouses Attached to the Social Services and Child Protection Agency” which was put into effect in 1998.

308. The number of women’s shelters providing service within the SHCEK is 22. A total of 2.580 women and 1.651 children benefited from these guesthouses since 2005.

Measures taken for facilitation of family-building, and continuity, reinforcement and protection of the family

309. Beside the assistance provided by the SYDGM, the SHCEK, other relevant public institutions, municipalities and non-governmental organizations, families also are supported by the family counselling centres, family education activities, free of charge day nurseries and rescue homes.

310. The Family Counselling Centres provide preventive protection, treatment and rehabilitation services, as well as guidance and consultation services with a view to protecting and supporting family life, and helping for the solution of problems. These centres aim at improving and strengthening family life, ensuring welfare, happiness, and integrity of the family, contributing to compatibility in family relations, strengthening the family ties, helping for the healthy development of members’ characters, strengthening their potential of becoming individuals, ensuring their harmony with social life, developing their knowledge and skills concerning healthy child raising, achieving a balance concerning liberty, responsibility, and social values in the family system.

311. Parallel to these objectives, professional studies continue at these centres regarding preparation for marriage, incompatibility between spouses, single parenthood, problems stemming from parent – child relations, distribution of roles and responsibilities inside the family, care of the elderly and the disabled, elimination of the problems before and after divorce, and helping family be self-sufficient.

312. Furthermore, families are educated and supported concerning the formulation of programmes which aim at enhancing the status of women in the society and family, prevention of custom killings and domestic violence, and implementing the provision of the Law on the Protection of the Family. The centres also provide guidance and consultation and thus assist in the harmonization of the family’s social and economic transformation, and provide consultation services with regard to the Child Protection Law.

313. The number of the Family Consultation Centres has reached 40 and the number of people who have benefited from the services from 2005 to 2007 is 38.684.

314. The Community Centres attached to the SHCEK implement education programmes for mothers, by which they aim at improving domestic communication skills, preventing the children from domestic violence, raising healthy children, raising children with the awareness of social equality. In addition, along with social, cultural, and sports activities, the centres also provide services for children who live in urban centres but are far from urban opportunities and possibilities, and aim to support them at school with a view to having them remain enrolled in formal education and benefit from equal opportunities. Such services are provided in coordination with voluntaries and professionals who can set a role model for them.

315. The Community Centres implement “Women’s Human Rights Education Programme”, “My Family, Family–Child Education Programme” and “Father Support Education Programme” through which they continue studies for supporting the family system. A total of 225.442 people benefited from 73 community centres from 2005 to 2007.

316. Some of the programmes implemented at Family Counselling Centres and Community Centres with a view to strengthening domestic communication are as follows:

317. Mother – Child Education Programme (ACEP): This programme aims at activating the educational potential of mothers who are deemed as the core of family and also at the multidimensional development of children living in needy circumstances, their mental abilities, creativity, skills, and knowledge.

318. It also aims at helping mothers develop a positive individualism, as well as feelings of competence, success and self confidence.

319. It essentially contributes to mothers’ not only in improving their own characters but also in supporting their children’s multidimensional development, which in return makes mothers become more sensitive concerning their children’s needs and develops the relation between them.

320. A total of 1075 people benefited from the programme from 2005 to 2007.

321. Women’s Human Rights Education Programme (KIHEP): This programme aims at informing women and giving them consciousness on women’s rights and problems, helping them gain a better understanding of discriminatory mechanisms, changing their way of thinking about themselves, boosting their self confidence, which could prevent domestic violence.

322. A total of 1235 women benefited from the programme from 2005 to 2007.

323. My Family Education Programme (0–6 ages): This programme aims at achieving healthy relations between parents and children and helping children attain an optimum development. It is administered with mothers who have children of 0–6 years of age, in two sessions, in interaction with fathers.

324. A total of 1433 parents benefited from the programme from 2005 to 2007.

325. Family Education Programme (7–19 ages): This programme is prepared for adults who are in communication with children between 7 and 19 years of age and involves topics such as family’s self-recognition, knowing the adolescent, communication, risky behaviours, conflict and conflict management, family attitude, character development and positive behaviours, and future planning.

326. A total of 565 parents benefited from the programme from 2005 to 2007.

Motherhood protection system

327. Regarding the protection of motherhood, amendments were made for female civil servants under the Law No. 657 on Civil Servants, for female employees under the Labour Law No. 4857 and for female workers in the media sector under the Press Labour Law No. 5953, and measures were taken for the protection of motherhood and mother-child health.

Law on Civil Servants

328. Under Paragraph (a) of Article 104 of the Law No. 657 on Civil Servants, it is stated that

[a] female civil servant is entitled to maternity leave with full salary for a total period of sixteen weeks -eight weeks before giving birth and eight weeks after. In case of multiple pregnancies, an extra two week period shall be added to the eight weeks. However, a female civil servant whose health condition is suitable as approved by a physician’s certificate may work at the establishment if she so wishes up until the three weeks before the delivery. In this case the time during which she has worked shall be added to the time period allowed to her after confinement. The time periods mentioned above may be increased to a period to be determined in the physician’s report if deemed necessary in view of the female civil servant’s health. A female civil servant shall be allowed a total of one and a half hour nursing leave in order to enable them to feed her children below the age of one. The civil servant shall decide herself at what times and in how many instalments she will use this leave.

329. It is also stipulated in Paragraph 3 of Article 10 that “in case of the request of the female civil servant who has given birth, she is entitled to unpaid leave after the delivery for up to twelve months starting from the expiry of the period defined in paragraph (a) of Article 104”.

330. The female civil servant is provided with health insurance by the State during her maternity leave before and after the delivery. During the period she is on unpaid leave after the delivery, she makes use of the health insurance by paying the deduction of her retirement contributions herself.

Labour Law

331. Motherhood protection for female workers is provided in Article 74 of the Labour Law No. 4857 entitled “working during maternity and breast feeding leave”:

It is the principle that the female workers should not be forced to work for a period of sixteen weeks in total, eight weeks before and eight weeks after the delivery. In case of multiple pregnancy, such eight-week period before the delivery is increased by two weeks. If however, the health condition allows, the female worker may work until three weeks before the delivery, upon approval of physician. In this case, such worked periods are added to the periods after delivery.

The above mentioned periods may be prolonged before and after the delivery, when required, depending on the health condition of the worker and the nature of the job. Such periods are established by a physician report.

Female workers are granted paid leave for periodic checks during pregnancy.

The pregnant female worker is employed in lighter positions suitable for her health, when required, by a physician report. In this case, no discount is made in her wage.

The female worker is granted unpaid leave for up to six months after expiry of sixteen-week, or in case of multiple pregnancy, eighteen-week period, upon request. Such period is not considered in calculating the annual paid leave right.

Female workers are granted breast feeding leave for one and a half hours a day in total to feed their infants below the age of one. The worker is entitled to determine the time segments and the number of parts in which she should use such leave. This period is reckoned from daily working hours.

332. With “the Bill amending the Law on Civil Servants and the Labour Law”, which is on the agenda of the Parliament as of May 2008, female civil servant who has given birth and her husband — if civil servant — , on her request, will be entitled to unpaid leave; and parents who have adopted a child up to three years old or single parents who have adopted a child will also be entitled to unpaid leave. Moreover, one-and-a-half-hour breast feeding leave granted to the female civil servants will be improved as “a female civil servant is entitled to a daily breast feeding leave for three hours for the period of the first six months and for one and a half hours for the period of the second six months”. Also, with the amendments to the said Laws, the female civil servants will not be caused to perform night work starting from the sixth week of the pregnancy for six months following the birth.

333. The same Bill provides that at the end of the maternity leave, female workers shall have the right to return to the same job or, if that is not possible, to an equivalent or similar job consistent with their employment contracts or employment relationships. The leave that the male workers are granted due to their spouses’ birth giving, or the leave taken due to child adoption are not valid reasons for the termination of the employment contracts of the male workers. The amendment proposal on the article regulating the termination of the employment contract by the employer upon reasonable grounds provides that employment contracts of the workers cannot be terminated for the reasons of pregnancy, birth giving and adoption, and workers are entitled to unpaid leave for two days for family reasons.

Press Labour Law

334. According to the last paragraph of Article 16 of the Law No. 5953 on the Relations between Employees and Employers in the Press,

When a journalist is pregnant, she will be on leave from the seventh month of pregnancy until the second month after the delivery. Within this period, the institution pays half of the last paid wage to the journalist. In case there is no birth or that the child is born dead, this wage is paid for one month as of this situation’s occurrence. The monetary contribution that the journalist will get from her insurance or the organization she is bound by does not have an effect on this payment.

Special measures taken for protection of children and adolescents from economic

and social abuse

335. The Labour Law No. 4857 regulates the minimum working age for children, employment restrictions, working periods of children who completed their compulsory basic education and of those who do not attend school, working periods of children who attend school, protection of children in the working life, medical certificate that children have to get before starting work, prohibition on their working in hard and dangerous circumstances and at night, and penal sanctions regarding the implementation of these provisions efficiently.

336. With Article 71 of the said Law, “child” and “young worker” concepts are introduced and it is prohibited to employ children under the age of 15. However, as an exception, it is adopted that those children over the age of 14 who have completed their primary education may be employed in light work. Moreover, the types of work that the children and young workers can be employed and the working hours of these workers have been rearranged in the said Article according to whether they are attending school or not.

337. Under the “Regulation on the Procedures and Principles of the Employment of Children and Young Workers”, which was drawn up according to the mentioned article of the Labour Law and came into force on 6 April 2004, the types of work that the children and young workers can be employed, the principles of employment of children and young workers, their working conditions, working hours (maximum 35 hours a week for the children under the age of 15, maximum 40 hours a week for the children over the age of 15, maximum 2 hours a day for the children attending school), paid annual leave, obligations of the employer and the State, and those employers that cannot employ children and young workers are specified.

338. Article 72 of the Labour Law prohibits the employment of men under the age of 18 and women at any age in underground or underwater places such as mine galleries, cabling, and sewerage and tunnel construction. Under Articles 73 and 85, it is stipulated that making children and young workers under the age of 18 to work at night-time in industrial works and in heavy and dangerous positions is prohibited.

339. The implementation of the legislation about working life is inspected by the Labour Inspectors of the Ministry of Labour and Social Security. Especially the complaints concerning employment of children are given priority. Annual inspection reports on the activities conducted throughout the country are prepared by the Presidency of the Labour Inspection Board, and these reports are submitted periodically to the ILO within the terms of the ILO Covenant No. 81. Situations regarding the worst types of employment of children and those which fall out of the scope of the inspections conducted by the Labour Inspectors of the Ministry of Labour and Social Security are interfered by law enforcement officials. Moreover, criminal complaints are prosecuted about the families making their children work by force, and their children are brought under the protection of the SHCEK.

340. The Ministry of Labour and Social Security put into effect various projects under the “International Programme on the Elimination of Child Labour” (IPEC) within the framework of the protocol signed between Turkey and the ILO in 1992 with the aim of preventing child labour. Turkey, as one of the first 6 countries in the world that participate in this programme, has a preferential position among the countries conducting studies on this subject.

341. The Working Children Department in charge of active struggle against child labour was formed within the Ministry of Labour and Social Security in 1992. The Department plays a determining role in forming a national policy with a view to developing methods and strategies to be followed for eliminating child labour in the long term, preventing children from working in the worst circumstances in the short term, and protecting working children in their work places.

342. Under the coordination of the Working Children Department, 101 projects within the context of the IPEC have been implemented by various establishments and institutions. With those projects, approximately 50.000 children were reached in 10 years. Whereas 60% of the children have been directed towards education, the rest has received better working conditions and benefited from the services of health, food and vocational training.

343. Prevention of child labour has also taken place in the “Urgent Action Plan” of the Government. In this plan, it is stated that measures will be taken for the implementation of the ILO Covenant No. 182 in a more effective way and that the minimum working age for all the business sectors will be determined.

344. In the light of the experiences gained from the activities conducted since 1992, a national programme has been prepared by the Working Children Department in accordance with the views of all the public establishments and institutions and NGOs within the context of the ILO/IPEC in order to take more effective steps within the meaning of the ILO Covenant No. 182 in the struggle against child labour, to prevent child labour gradually, especially the employment of the children in the worst conditions. In this respect, the children working in the streets, the children working in heavy and dangerous works at small and medium sized enterprises and the children working in hard conditions in agriculture are specified as the worst types of child labour.

345. Within the framework of the national programme, projects aiming at withdrawing the children from the types of work which are dangerous for their health and security, which cause negative implications for their intellectual, physical, psychological and social development, and which hinder their attendance and success at school have been put into practice.

346. Under 2004 Turkey-EU Pre-Accession Financial Cooperation Programme, the Project on “Eradicating the Worst Forms of Child Labour” was initiated with a total budget of 15 million Euro. Moreover, through 2005 Turkey-EU Pre-Accession Financial Cooperation Programme, under the NGO Grant Facility, the Sub-Project on “Strengthening the Protection of Children’s Rights with Specific Reference to the Prevention of the Forced Child Labour”, which aims at increasing the well-being of the children and promoting the prevention of the forced child labour was launched. The total budget allocated for the Sub-Project is 1 million Euro.

Data on child labour

347. According to the results of “Child Labour Survey” conducted by the TURKSTAT in October 1999, out of 16.088.000 children between ages 6 and 17, 10,2% (1.635.000) were working in income generating jobs. 61,7% of the children working in those jobs were boys and 38,3% were girls.

348. 58,8% of the children working in income generating jobs in Turkey were working as family worker without payment. Paid child workers made up the 23,7%, daily-paid child workers the 15,7% and children working on their own behalf or as employers the 1,9% of the children working in income generating jobs. Of the paid child workers (including daily-paid child workers) 46,1% were boys and 28,5% are girls. The percentage of the boys as an unpaid family worker was 51,1% while that of the girls was 71,2%.

349. As far as the sectoral distribution of the children aged 6-17 working in income generating jobs was concerned, 57,6% were working in agriculture, 21,8% in industry, 10,2% in trade and 10,4% in service sector. 46,3% of the boys were working in agriculture, 26,9% in industry, 12,8% in trade and 13,8% in service sector. Of the girls, 75,8% were working in agriculture, 13,4% in industry, 5,9% in trade and 4,8% in service sector. In urban areas, 46,9% of the boys and 50,7% of the girls were working in industrial sector. In rural areas, 76,3% of the boys and 94,6% of the girls were working in agriculture sector.

Measures taken for children in need of protection

350. By the Law No. 2828 on the Social Services and Child Protection Agency (SHCEK) adopted in 1983, the task of taking care, raising and reintegration of the children in need of protection is assigned to the SHCEK.

351. In Article 3 of the said Law, the children in need of protection are defined as

The children whose physical, mental and moral development or personal safety is in danger; who are without mother or father; whose either mother or father or both are unknown; who have been deserted by mother, father or both; who have been neglected by mother or father and left vulnerable to vicious practices such as prostitution, begging, alcohol or drugs and becoming adrift.

352. By the Law No. 2828 and regulations issued on the same basis, measures were set for the protection of the children within the framework of institutions and the family. Families who fail to take care of their children due to economic hardships are supported in rem and in money. The children and the teenager girls who do not have the possibility to be supported beside their families are taken care and sheltered in the children care centres (0–12 age group) and in the orphanages (12–18 age group). Moreover, by the services of “children and youth centres”, assistance is provided without leaving the family where possible.

353. As of 2007, 102 children care centres have hosted 6.288 children (2.617 girls and 3.671 boys).

354. Founded by the amendment brought in Decree Law No. 572 to Article 3 of the Law No. 2828, children and youth centres are boarding or daytime social service institutions aiming at the temporary rehabilitation and reintegration of children and youngsters living in the streets. As of June 2006, the number of children who had access to the children and youth centres was 9.114, 1.746 of which returned to their families, 4.884 resumed their school education, 1.216 registered into schools and 120 started working as a result of the assistance provided. Criminal complaints have been lodged against 770 families, social aid has been given to 2.728 children and 66 children have been taken under protection.

355. Children and teenager girls of 12–18 years of age who fall within the aforementioned terms about being “in need of protection” or who have been subjected to violence, neglect, sexual abuse; children addicted to drugs and girls forced to prostitution are taken care of and protected at the orphanages of the SHCEK. The rehabilitation, school education and vocational training of these children and youngsters in such circumstances are facilitated. Moreover, pursuant to Annex Article 1 added by the Law No. 3413 to the Law No. 2828, it has become obligatory for the public establishments and institutions to reserve 0,1% of their recruitment for children who have stayed in the institutions of the SHCEK until the age of 18.

356. Table 16 presents the number of children and teenagers at the orphanages of the SHCEK and their reasons for staying.

Table 16

Number of children and teenagers at the orphanages of the SHCEK and their reasons for staying (1995–2005)

357. As of 2007, a total of 10.669 (3.880 girls and 6.789 boys) children were registered in 113 orphanages, while 5.993 children were under care and protection.

358. Furthermore, activities concerning social services which fall under the scope of the Law No. 2828 are carried out under the supervision of State and with the voluntary contribution and participation of NGOs and the public.

359. “Law No. 5378 Amending the Law on the Disabled” envisages that the SHCEK shall offer quality provision of care services for the disabled. On the other hand, the obligation to grant authorization to open private education and rehabilitation centres, as well as their supervision, belongs to the Ministry of National Education. In this context, the services of day rehabilitation and family consultation centres, through which the SHCEK offered its services, have been turned into day care services.

360. Adoption is another service provided for children in need of protection, which is realized within the framework of the Turkish Civil Code. By the end of 2007, the number of children who benefited from adoption system reached 9.105 (4.338 girls and 4767 boys).

361. The Project of “Support for Returning to and Staying with Family” was launched in 2005 for the children under the protection of the SHCEK. Within the framework of the Project, 4.866 children under protection have been given monetary assistance and returned to their families and relatives since April 2005, and as of October 2007, 13.204 children who live with their families and relatives were given monetary assistance.

362. Furthermore, under 2004 Turkey-EU Pre-Accession Financial Cooperation Programme, the Project on “Towards Good Governance, Protection and Justice for Children in Turkey” was launched with a view to establishing baseline data and empirical evidence that informs stakeholder institutions in the context of child protection measures. Another project entitled “Children First-Modelling Child Protection Mechanisms at Provincial Level” with a total budget of 5,8 million Euro is in progress within the framework of 2005 Turkey-EU Pre-Accession Financial Cooperation Programme. The aim of the said project is to create effective mechanisms for the delivery of efficient and integrated child-centred protection services in 12 priority provinces.

Services for the disabled

363. In Turkey, services for the disabled in general are provided by the SHCEK and the Administration for the Disabled, which is an affiliate agency of the Prime Ministry. The SHCEK has 47 boarding care institutions providing service for 3.407 disabled people of all ages as well as 20 day care centres providing services for 1.123 people. Boarding and day care are provided for 4.530 people (as of November 2007). The SHCEK takes care of the management of boarding and day care centres necessary for settling the disabled.

364. The following centres are allocated for the use of the disabled:

(i) Care and Rehabilitation Centres, which are social services institutions established to make up for the loss of function of those persons who cannot carry out the ordinary requirements of daily life due to their physical, mental, and psychological disabilities, as well as to help them acquire skills which would make them be self-sufficient in the society, and to provide permanent care for those who cannot acquire such skills;

(ii) Family Consultation and Rehabilitation Centres, which offer services for disabled children and their families with a view to helping the disabled children become self-sufficient, preparing them for school, and attaining domestic harmony at home.

365. As of November 2007, 66 care and rehabilitation centres (36 boarding and 30 daytime centres) attached to the SHCEK were in service. A total of 4.503 persons (2.495 boarding and 2.008 daytime) benefit from these centres.

366. Moreover, disabled children and teenagers are taken care in the children care centres and orphanages, in the rest homes, and with the protective families.

367. For the disabled people who receive care by their relatives, the SHCEK pays net minimum wage to the person offering care, under the framework of home care services. Since the person providing care is a relative and lives with the disabled under the same roof, it is considered that the minimum wage paid constitutes a contribution for the family income.

368. An allocation has been introduced in the 2007 budget of the SHCEK for enabling 65.000 people make use of the home care services. As of November 2007, there were 22.801 disabled benefiting from the said services.

369. The SHCEK is obliged to monitor that the disabled person is provided care in proper conditions, through a care plan and report to be prepared twice a year. The professional staff, such as social workers, psychologists, child development experts, special trainers and nurses, are obliged to carry out guidance and consultation services.

370. The SHCEK is responsible for determining and monitoring the service standards of the private care centres to be opened with the authorization of the SHCEK. Net two minimum wages are paid by the SHCEK to the private care centre, where the disabled person in need of care is taken care of, in full- or half-day care rates.

371. As of November 2007, there were 9 private care centres which accommodate 608 disabled people. Besides, there are 501 private rehabilitation centres providing service under the supervision and with the permission of the SHCEK. Of these centres, 9 are for the people with cerebral palsy, 48 for the hearing impaired people and 444 for the mentally retarded people.

372. It is expected that the number of such private care centres increase and expand throughout Turkey. The qualifications of the professional staff to be employed at such centres are determined within the framework of the relevant legislation. It is compulsory to employ the staff providing direct care from among those who possess certificate approved by the Ministry of National Education.

International cooperation

373. In order to ensure effective use of the rights envisaged in Article 10 of the Convention, Turkey cooperates with various international organisations such as the UNICEF, the UNHCR, the UN Committee on the Rights of the Child, the ILO, the EU and the International Social Service (ISS).

374. Turkey is in cooperation with the ISS on the matters such as family break-up, divorce, guardianship of the children, children born out of wedlock, double marriage, intercultural marriage, international child adoption and deported children. In this connection, between January 1995 and March 2005, the ISS mediated for 650 international social service cases, 571 international adoption applications made by the Turks living abroad, and 75 adoption applications made by the foreigners living abroad.

Article 11

Improving income distribution and fight against poverty

375. In Turkey’s 7th, 8th and 9th Five-Year Development Plans, decline in the inequality of income distribution and eradication of absolute poverty have been among the strategic aims of Turkey. Following the declaration of the UN Millennium Development Goals, Turkey’s efforts to combat poverty have gained momentum.

376. As a result of the high growth rates achieved following the year 2001, per capita national income increased and improvements in the indicators for income distribution inequality and poverty were observed. While the GNP per capita in the year 2001 was 2.123 USD, in 2002 it rose to 2.598 USD. The GNP per capita for the years 2003, 2004, 2005 and 2006 are 3.383 USD, 4.172 USD, 5.008 USD and 5.477 USD respectively. In spite of the tight fiscal policy following the 2001 economic crisis, the share of social expenditures in GDP was increased. Transfers to increase the incomes of the retired, the disabled, widows and orphans and students in particular, as well as those of poor families and families living in rural areas were made. In addition, the minimum wage increased in real terms during this period. (The amount of the minimum wages is presented in Table 12.) Detailed information on Turkey’s population and development indicators and economic indicators can be found in Annexes XI and XII.

377. While the share of disposable income held by the richest 20% quantile was approximately 9,5 times more than that received by the poorest 20% quantile in 2002 in Turkey, it declined to the level of 8,1 in 2003 and to 7,7 in 2004. In addition, the Gini coefficient, which was 0,44 in 2002 in Turkey, receded to 0,42 in 2003 and 0,40 in 2004.

Table 17

Selected income distribution and poverty indicators (%) (2002–2004)

Source: TURKSTAT.

378. As it can be discerned from the tables below, Turkey is not in a precarious position with regard to the proportion of the population living on less than one US dollar a day, and the proportion of the population living below the food and non-food poverty line.

Table 18

Poverty ratios with different methodologies (2002–2005)

Source: TURKSTAT.

Table 19

Poverty rates according to gender and educational status of the household members (2002–2005)

Source: TURKSTAT.

The right to adequate food

379. In terms of energy intake and adequate food, the number of families that consume inadequate levels of energy is low. The most consumed food items in Turkey are grain and grain products. This is followed by the vegetable consumption. Total protein consumption per person is at adequate levels and most of the protein consumed is vegetal. The amount of vegetable oil consumed is observed to increase compared to animal fats.

380. Daily energy intake per person in the year 1998 is submitted in Table 20.

Table 20

Daily energy intake per person (1998)

Source: National Nutrition and Food Strategy Study Group Report, 2003.

381. Wheat as one component of the grain group is consumed in the form of bread, pasta, and boiled and pounded wheat, and is most consumed in the Eastern and Southeastern Anatolia, as indicated in Table 21. Corn, on the other hand, is relatively more consumed in the Black Sea region. The consumption of other food groups is more or less the same in terms of regional distribution. While fruit consumption is the highest in the Aegean region, consumption of the beverages is higher in Central Anatolia and Marmara regions.

Table 21

Regional consumption rates of food groups (1998)

Source: National Nutrition and Food Strategy Study Group Report, 2003.

382. Lentils, peas, and dry beans are the most consumed leguminous seeds. Among the dairy products, yoghurt and various cheeses are mostly consumed. The consumption of animal fats and vegetable oil varies according to regions. Marmara, Aegean and Mediterranean coastal areas indicate a higher consumption level of olive oil. Margarine has taken the place of butter.

383. Household food expenditure according to regions is as follows.

Table 22

Rate of food expenditure over total income according to regions (1999)

Source: TURKSTAT.

384. Nutrition in Turkey varies depending on regions, seasons, socio-economic levels, and urban-rural settlement areas. Apart from these, advertisements, newly introduced products, and fast food are other factors effecting nutrition in society.

385. Main health problems resulted from malnutrition can be summarized as follows:

(i) Protein deficiency;

(ii) Chronic energy deficiency;

(iii) Anaemia;

(iv) Diseases caused by iodine deficiency;

(v) Rickets;

(vi) Other vitamin and mineral deficiencies;

(vii) Folate deficiency;

(viii) Tooth decay.

386. The chronic diseases related to nutrition are as follows:

(i) Obesity;

(ii) Cardiovascular diseases;

(iii) Hypertension;

(iv) Cancer;

(v) Diabetes;

(vi) Osteoporosis;

(vii) Physical activity defects.

Food safety

387. Parallel to the developments in food safety systems in the world, legal arrangements are carried out in order to fulfil the requirements of the WTO Sanitary and Phytosanitary Measures Agreement and the obligations related to the EU and the Customs Union. In this sense, a basic legislative study has been conducted taking into account the legal arrangements of the Codex Alimentarius Commission, the EU, and the USA Food and Drug Administration, as well as the studies and recommendations of the FAO and the WHO. Consequently, the Common Hygiene Law of 1926 was abolished and the Decree Law No. 560 on Production, Consumption and Inspection of Foodstuffs was put into force in 1995.

388. Food safety, animal sanitary and phytosanitary issues have been paid a great deal of attention in Turkey’s National Program for the Adoption of the EU Acquis. The Decree Law No. 560 was revised in 2004 and intended to be harmonised with the EU Acquis through the Law No. 5179 published in the Official Gazette on 5 June 2004. Endeavours continue to adopt the EU food safety system.

389. With the addendum to the Regulation on Work Permit of Facilities Producing Food as well as Material and Equipment Contacting Food, and Employment of Managers in Charge of Procedures of Food Registration and Production Permits, published in the Official Gazette on 27 August 2004, 56 work branches producing food as well as material and equipment contacting food have been classified and the personnel groups to be employed as managers in relation to the type of production in food facilities have been determined. The official control and supervision of food production, distribution, sale, and collective consumption are carried out by the Ministry within the framework of the “Law on the Approval of the Amended Decree on Food Production, Consumption, and Supervision (No. 5179)” published in the Official Gazette on 5 June 2004 (No. 25843). The primary objectives in food safety are to offer food production in accordance with Turkish Food Codex as well as to improve technical and hygienic norms of food processing facilities.

390. Moreover, according to the Regulation on Market Supervision, Inspection, and Audit of Food as well as Material and Equipment Contacting Food, and Facility Liabilities, dated 30 March 2005, it is compulsory to use HACCP in food production and marketing places. Studies to develop an effective and adequate food control system for food safety are implemented by the Ministry. The principle of “food safety from farms to table” is the most fundamental rule that has to be implemented in order to carry out the Free Movement of Goods principle in the EU accession process.

391. Although the main responsible body is the state, every individual in the society, NGOs, and the private sector also have roles concerning the right to food, and their activities affect others’ access to the right to food. Particularly, the NGOs assume significant roles in the execution of state policies and programmes. They assist the society in gaining access to food as well as information sharing, legal recommendations, education.

392. The studies of the Ministry of Agriculture and Rural Affairs continue regarding food guarantee, food safety, and food quality. The aim is to activate Turkey’s rich agricultural potential and ensure food guarantee and safety with a view to proving the public with an adequate and balanced nutrition. Registering food facilities and ensuring food safety are among our primary objectives, which are also necessary on the way to harmonization with the EU legislation.

Programmes related to food and nutrition

393. Studies concerning Turkish Food Consumption, Nutrition and Health Research have gained momentum with the 2003 National Food and Nutrition Action Plan prepared in collaboration with the State Planning Organization and the Ministry of Health. The research aims to prepare effective nutrition plans and policies and to access data on individual food consumption, nutrition-related situation, and health. Development, effective observation and assessment of policies that will overcome relevant problems shall be possible through sustainable and updated policies regarding food, nutrition and health.

394. Given the fact that food related problems in Turkey stem from poor level of knowledge on food and nutrition rather than economic hardships, the emphasis is placed upon increasing knowledge on nutrition. To this end, many educational programmes have been conducted:

(i) Social Nutrition Education Programme, carried out by the Ministry of Health since 1996, is one of the most comprehensive programmes in Turkey intending to raise public awareness on food and nutrition. A total of 555 provincial team members have been included in training programmes, and many community training programmes have been conducted with a view to helping develop adequate and balanced food consumption behaviour, eliminating harmful eating habits, and informing public on the effective and economical ways of food consumption. The number of the recipients of the said programmes reached to 4 million in 2005;

Within the framework of the Social Nutrition Education Programme, by means of mass communication, five 30-minute documentary films were shot on the issues of “General Nutritional Information and Food Hygiene”, “Nutrition of Risk Groups” and “Nutrition for Certain Groups (Obesity, Anaemia, Rickets, Constipation, Menopause)”, and were broadcast on the GAP TV in order to inform the population living in the Eastern and Southeastern Anatolia;

Relevant information is also provided through radio programmes;

Furthermore, nutritional researches are carried out in collaboration with universities and other organizations;

(ii) Turkish Food, Food Consumption and Health Research, which is complementary to the Social Nutrition Education Programme, aims at providing necessary data support;

(iii) Another programme carried out by the Ministry of Health is the Project of “Eat Healthy, Protect Your Heart”. The project, launched in 2000, focuses on evaluating the frequency of the risk factors resulting in coronary heart diseases among the people over the age of 30, informing people on protection from these diseases, increasing consciousness on the issue, and raising common awareness. A relevant research has been conducted on 15.468 people;

(iv) With the collaboration of the Ministry of National Education and the Ministry of Health, primary school children and their teachers are given nutrition education in order to raise awareness and help them acquire healthy eating habits. Moreover, relevant information is also included in mathematics, science and technology, and social sciences curricula of the schools;

(v) In order to inform the elderly people, conversation and training programmes on food and health are provided in the rest homes. Assessment of the meal menus and medical check-ups are among the other activities conducted in the rest homes.

(vi) Within the framework of the Food and Health Development Programme for Children Doing Sports, a food model has been formed for children in sports training centres in 27 provinces. Children and their trainers were given relevant information;

(vii) In cooperation with the Ministry of Justice and the Ministry of Health, programmes aiming at improving the nutritional situation of the detained and convicted people in penitentiary institutions are implemented;

(viii) Turkey Food Guide, comprising recommendations specific to Turkey for adequate, balanced and healthy nutrition has been prepared.

395. Other programmes related to food and nutrition can be listed as follows:

(i) Promotion of Breastfeeding and Baby-Friendly Hospitals Programme;

(ii) Mother and Child Nutrition Programme;

(iii) Prevention of Iodine Deficiency Diseases and Addition of Iodine in Salt Programme;

(iv) Use of Fluorine for Mouth and Tooth Health Programme;

(v) Holistic Approach to Child Diseases Programme;

(vi) Monitoring Early Childhood Development Programme;

(vii) Adolescent Health and Development Programme;

(viii) Healthy Eating, Active Life and Prevention of Obesity Programme for Adults.

396. The General Directorate of Mother and Child Health and Family Planning of the Ministry of Health also carries out studies on infant food. Import permission of medical infant food is issued by the said General Directorate since June 2001. Furthermore, within the framework of Promotion of Breastfeeding and Baby-Friendly Hospitals Programme, marketing methods of breast milk equivalents are given special emphasis taking into consideration possible problems that can arise from unnecessary use and misuse of such products.

397. In-service training programmes are provided at the Ministry of Health for the personnel working in Provincial Health Directorates who are assigned for the supervision of food products as well as for technical and hygienic supervision and sale at the places where food and food additives are produced, sold and consumed. The personnel successfully completing the programme are granted the title of “food inspector”.

398. Moreover, the WHO Ministerial Conference on the Fight against Obesity was held in Istanbul between 15 and 17 November 2006 and the “Anti-Obesity Charter” was adopted.

Medium- and long-term measures regarding nutrition

399. Objectives for increase in agricultural production ensuring balanced and adequate nutrition shall be among the priorities of the agricultural policy of Turkey.

400. An independent and scientific National Food Authority, in charge of risk analysis for realization of effective food safety system, coordination between relevant organizations, and harmonization activities with the EU, will be established.

401. National Food, Food Consumption and Health Research will be conducted in every 5 or 10 years.

Improving efficiency of the agricultural structure

402. While the share of agriculture in GDP, which was 14,1% in 2001, declined to 10,3% in 2005, the share of agricultural employment in total employment decreased from 36% in 2000 to 29,5% in 2005.

403. Animal husbandry and plant production are generally performed together in agricultural enterprises and the small scale and fragmented structure of enterprises causes productivity to remain at low levels. Provisions of the Turkish Civil Code No. 4721 regarding the inheritance law resolved the issue of excluding the enterprises without sufficient agricultural assets from distribution among heirs and prevented the problem of land fragmentation from becoming even more severe.

404. While the total area of highly productive agricultural land used for non-agricultural purposes had reached 1,26 million hectares within the past decade, the Law No. 5403 on Soil Conservation and Land Use has provided a significant development regarding the efficient use of soil resources.

405. The closing down of the General Directorate of Rural Services in 2005 has brought along the need for taking additional measures with regard to implementing land consolidation, drainage, soil protection, and small dam, surface and ground water irrigation investments.

406. With the increase in the transfer of irrigation facilities to beneficiaries, operation and maintenance services of 95% of the irrigation infrastructure developed by the DSI were transferred to various organizations until the end of 2005.

407. A considerable stability in the incomes of producers was aimed with the Direct Income Support payments, which have been implemented since 2002. “The Agriculture Strategy 2006–2010” document was approved by the High Planning Council in 2004. In this framework, the Agricultural Law No. 5488, which was enacted in 2006, aims to create a predictable and stable environment for producers, where they can make production planning. With the aim of protecting the producers and the production level against risks, the Agricultural Insurances Law No. 5363 was enacted in 2005. The Law on Licensed Warehousing in Agricultural Products, which aims to contribute to market creation and risk management, was put into effect in 2005.

408. Organic agriculture production, the legal infrastructure of which was set up with the Organic Agriculture Law in 2004, is rapidly increasing. In addition, with the aim of developing new plant varieties and protecting these plants and the rights of breeders, the Law on the Protection of Breeder’s Rights for New Plant Varieties was enacted in 2004.

The right to adequate housing

Legislation regarding the right to adequate housing

409. Turkey is one of the countries whose Constitution includes provisions on the right to housing. Article 57 of the Turkish Constitution entitled “the right to housing” stipulates that “the State shall take measures to meet the need for housing within the framework of a plan which takes into account the characteristics of cities and environmental conditions and supports community housing projects”. The fact that the State shall support community housing projects connotes that such projects shall be given priority regardless of the identities and income levels of the residents of these houses. Other aspects of the multidimensional right to housing are provided in various articles of the Constitution. Article 21 of the Constitution lays down the inviolability of the domicile. The relevant Turkish legislation is as follows.

Table 23

Legislation regarding the right to adequate housing

Housing in Turkey

410. There is an established housing accumulation in Turkey. As a consequence of industrialization, urbanization rates reaching 6%, the increase in the number of slums and the subsequent appearance of profit-driven “construct and sell” practices in the period of 1950–1965 caused the housing issue to be handled by the State as well. After 1960, mass housing areas, built by the State and supported by its banks, developed further.

411. Since 1963, housing and mass housing issues have been included in the 8 Five-Year Development Plans prepared by the State Planning Organization, opportunities have been created for certain successful examples.

412. The 1st, 2nd, and 3rd Five-Year Development Plans aimed at an increase in mass housing quantity through credit supports. For the first time, the 4th Five-Year Development Plan (1978–1983) took into account the population growth, the shrink in number of family members, and the renewal factors. Quality and social based views of housing cooperatives and local administrations towards housing sector were assessed.

413. Mass Housing Law No. 2487 enacted in 1981 have supported the cooperative system. In 1984, the Housing Development Administration (TOKI) was established. Financing opportunities provided by the Mass Housing Law boosted the housing sector. Practices of the TOKI met the necessities of those hit by the earthquake disaster in 1999. Meanwhile, the competition environment created by the Customs Union with the EU led to improvements in the construction material industry and thus in the product quality. Subjects related to construction physics was added into the curricula of the universities. Turkish Standards Institute (TSE), Ministry of Public Works and Settlement, Electrical Power Resources Survey and Development Administration, Emlak Bank, and the TOKI contributed to the enhancement of the housing quality.

414. Attaching utmost importance to the infrastructure and supply of housing areas, the 5th Five-Year Development Plan proposed promoting the aim of prioritizing people’s way of lives and their needs in future technologies. In this period, mass housing was institutionalized and reinforced.

415. With a view to reducing the housing costs through new technologies, the 6th and 7th Five-Year Development Plans introduced advancement of housing design and environment quality, assessment of housing sizes, and consideration of local factors.

416. In order to provide all the population of Turkey with decent and secure living areas, all relevant resources need to be consciously and rationally used. In this respect, the 8th Five-Year Development Plan is based on four objectives:

(1) Housing is a human right. Everyone should be provided with adequate housing. To this end, it is necessary to devise a system embracing public and private sectors, NGOs, cooperatives and individuals, in which they can participate in the decision-making process.

(2) In order to minimize the effects of natural disasters in Turkey, 66% of which is located on active fault lines, unplanned urbanization and shanty settlements should be prevented, and effective measures on construction safety and control should be taken.

(3) Public resources should be directed towards producing land with infrastructure, and new models of housing finances should be developed for low- and medium-income groups.

(4) Construction and environment quality should be improved, relevant construction and environment standards that can preserve natural, social and cultural values should be set, and healthy, secure, high-quality, and economic housing should be provided.

417. Regarding the housing in natural disaster areas, relevant provisions of the “Regulation on the Constructions to be built in Earthquake Areas” were amended and put into effect. The TSE continues its studies to adapt the EU Standard Euro Code 8 concerning earthquakes. Meanwhile, “TS500 Standard of Reinforced Concrete Construction Building and Calculation” has been updated. “TS 825 Standard of Building Heat Insulation Rules” has been adjusted to the relevant EU standard. Furthermore, the Electrical Power Resources Survey and Development Administration are currently carrying out a study for improving heat insulation in buildings. Preparations for a new zoning legislation are also under way.

418. “Decree Law on Compulsory Earthquake Insurance” was published in the Official Gazette No. 23919, dated 27 December 1999 and put into effect. With the said Decree Law, independent parts of the buildings covered by the Commonhold Law No. 634; buildings which are registered at the Land Registry and located on real properties, as well as parts such as business establishments, offices, and similar independent parts in these buildings; and buildings constructed by the State or constructed with the credits provided by the State became subject to compulsory earthquake insurance.

Prevention of slum areas

Selection of location and expropriation

419. Wherever offices of governors, other public institutions and organizations, NGOs, and citizens inform the Ministry of Public Works and Settlement of any slum area development or tendency towards slum area development or of the necessity to produce planned land and housing, or the Ministry of Public Works and Settlement ex-officio establishes any related situation, the Ministry of Public Works and Settlement acts within the framework of the Law No. 775 on Prevention of Slums.

420. In this context, the technical staff of the Ministry of Public Works and Settlement carries out on-site examinations in cooperation with relevant institutions and organizations and identifies existing slum condition and tendencies as well as land and housing demands. Appropriate areas that can meet land and housing needs and eliminate slum areas are selected by taking into consideration geological studies, topography, transport and infrastructure facilities, and ownership. If these areas are within the municipality and contiguous areas, they are declared Slum Prevention Area with the Ministry’s approval in accordance with Article 7 of the Law No. 775 on Prevention of Slums if not, it is declared so with decision by the Committee of Ministers in line with Article 35 of the Law No. 775 on Prevention of Slums.

421. After the allocation by the Ministry of the immovable property in the areas declared Slum Prevention Area belonging to the treasury of the Ministry of Finance, and the expropriation of the immovable property under personal ownership, necessary procedures are finalized and the ownership of all the immovable properties in Slum Prevention Area are registered in the name of Ministry of Finance.

Mapping and planning

422. Existing maps, geological and geotechnical ground surveys, zoning and parcellation plans are prepared by the Ministry of Public Works and Settlement.

Infrastructure and housing construction

423. Infrastructure facilities of the Slum Prevention Areas such as water, sewerage, and road are built by the Ministry of Public Works and Settlement. The immovable properties in the Slum Prevention Area are made available for allocation. When needed, housing is provided by the Ministry pursuant to Article 31 of the Law No. 775 on Prevention of Slums

Land and housing allocation

424. After the determination of estimated costs of the immovable properties in the area, the public is informed of their location, size, as well as application conditions and deadline. The demands of the interested persons or housing cooperatives are registered and checked whether they conform with the conditions regarding their level of income envisaged by the Law. If the demand is higher than the number of land/housing, the allocation is made by notary drawing of lots; if less, commission decides by taking into account the application periods. For land allocation, a ten-year payment in instalments without interest is made, 1/10 of which is paid in cash; for housing, 1/4 of the total amount is paid in cash and the remainder is applied a 5% interest as well as a flexible term.

Creating land zones

425. In the urban areas, private sector, cooperatives, and public institutions create land zones. The private sector creates land zones by way of having zone plans prepared on the real properties they own. The cooperatives create land zones also by having zone plans prepared in order to provide their members both land and housing. The public institutions which create land zones are the Ministry of Public Works and Settlement, the TOKI, the General Directorate of National Estate, and the municipalities.

426. In general, depending on urban development, land zones are created in certain parts of the agricultural lands, which takes place in three stages:

(i) Division of the agricultural land in an appropriate way for urban use (planning stage);

(ii) Provision of infrastructure;

(iii) Decision on the buildings to be constructed on the land.

Zoning and construction of buildings

427. The legislation relevant to zoning and construction of buildings are:

(i) Zoning Law No. 3194;

(ii) Municipality Law No. 5393;

(iii) Common Hygiene Law No. 1593;

(iv) Law No. 5216 on the Management of Metropolitan Municipalities;

(v) Law No. 3945 on Engineering and Architecture;

(vi) Union of Turkish Engineers and Architects’ Chambers Act No. 6235;

(vii) Public Procurement Law No. 2886;

(viii) Code of Obligations No. 818;

(ix) Law No. 8469 on the Collection of Money Owed to the State;

(x) Regulation on the Powers, Duties and Responsibilities of Scientists Apart from Engineers, Architects and City Planners Included in Article 38 of the Zoning Law;

(xi) Regulation on Uniform Zoning of Municipalities Apart From Those Included in the Law No. 3030;

(xii) Regulation on the Execution of the Law No. 3030;

(xiii) Law on Special Provincial Administration 5301;

(xiv) Specification on the Architecture and Engineering Services of the Ministry of Public Works and Settlement;

(xv) Regulation on the Project Inspection Consultancy Services of the Ministry of Public Works and Settlement;

(xvi) Regulation on the Public Works Inspection of the Ministry of Public Works and Settlement;

(xvii) General Specification on the Public Works of the Ministry of Public Works and Settlement;

(xviii) Regulation on Participating in the Construction, Facility, and Repair Bids of the Contractual Services of the Ministry of Public Works and Settlement.

Table 24

Production of residential housing (number of flats) (1955–2005)

Source: TURKSTAT, SPO.

428. In Turkey, the housing needs of the people are met through:

(i) Private finance sources, such as individual savings, bank loans and solidarity funds;

(ii) Finance sources of the public social security institutions, such as finances of public housing, shanty houses, disasters, expropriation, and settlement funds;

(iii) Foreign finance sources, such as the funds of the UN, the OECD, the World Bank and the EBRD.

429. Provision of housing by cooperatives started in 1934 in Turkey. Activities of cooperatives continued in the course of economic and social changes. As Table 25 illustrates, the share of cooperatives in the supply of licensed housing units was around 10% until 1970s. Between 1970–1980, this share increased to 15%.

430. Legal arrangements on supporting cooperatives started in 1981 with the Mass Housing Law No. 2487, continued with the Mass Housing Law No. 2985 in 1984, and reached its peak between 1984–1989 with the Mass Housing Fund, which also led to an increase in the share of licensed housing units constructed by cooperatives in the total number of licensed housing units.

Table 25

Share of the cooperatives in the production of licensed housing (1958–1998)

Source: TURKSTAT, TOKI.

Inspection of constructions

431. The aim of the Law No. 4708 on Building Construction Supervision, put into effect on 13 July 2001, is to ensure the inspection of projects and constructions and to arrange rules and procedures concerning building construction supervision with a view to providing life and property security and building quality constructions compatible with the zoning plan, rules and standards of science, arts and health.

432. The number of firms assigned within the inspection of constructions in a region covering 24% of the country and 50% of the population has reached 638. To date, the number of inspectors including engineers, architects and assistant controller staff is 20.150. There is approximately 140 million m² construction under inspection in 19 pilot provinces, excluding the constructions whose certificates are given following an inspection.

Measures taken for the disabled

433. Decree Law No. 572 and the subsequent arrangements made in the zoning legislation aim at rendering the constructed areas accessible by the disabled as well. The following Article has been added to Article 1 of the Decree Law No. 572 dated June 1997 and the Zoning Law No. 3194:

It shall be compulsory to abide by the relevant standards set by the Turkish Standards Institute in the zoning plans and in urban, social, technical infrastructure areas and buildings with a view to rendering the physical environment accessible to the disabled.

434. With the said amendments, the following arrangements are intended to create the appropriate environment for the disabled:

(i) Residential housing units, public and commercial buildings shall be arranged in accordance with the needs of the disabled;

(ii) Appropriate measures shall be taken in line with the TSE standards in open areas (roads, parking lots, parks, pedestrian areas, squares and pavements), transportation and communication points on these open areas, as well as on landscape components with a view to ensuring access to the disabled;

(iii) It is compulsory to abide by the relevant TSE standards in the arrangements to be made with regard to the disabled;

(iv) The municipalities are obliged to act in accordance with relevant legislation and standards. According to Article 38 of the Municipality Law No. 5393, municipalities are delegated the responsibility to use the allowance in the budget granted for the poor and the needy, to carry out services concerning the disabled and to establish centres for the disabled.

435. The TSE issued three significant standards to ensure access to the disabled:

(i) TS 9111 Rules Regarding the Arrangement of Buildings in which the Disabled Shall Reside, dated April 1991;

(ii) TS 12576 Design Rules Regarding the Structural Measures for the Disabled and the Elderly in Streets, Roads, Squares and Ways, dated April 1999;

(iii) TS 12460 Design Rules Regarding in Facilities for the Disabled and the Elderly, dated April 1998.

436. Moreover, special housing arrangements for the disabled in various mass housing projects have been prepared in collaboration with the TOKI since 1999.

Statistical information on housing in Turkey

437. According to the outcome of the Building Census in 1984, which was conducted within the boundaries of municipalities of Turkey, 4.387.971 buildings were detected. In 2000, this figure rose to 7.838.675, which indicates an increase of 79%.

438. During the 1984 Building Census, 7.096.277 dwelling units had been counted. In 2000, 16.235.830 dwelling units were determined.

439. While the average number of the dwelling units in the buildings was 1,8 in 1984, this number increased by 33% and reached 2,4 in 2000.

440. Average construction area of buildings had been 101 m² in 1984 whereas it was 132 m² in 2000.

441. Among other provinces in Turkey, Istanbul has the highest number of buildings. 11% of the buildings in Turkey are located in Istanbul. Izmir with 6,7%, Ankara with 4,9%, Konya with 4,3%, Bursa with 3,4%, Adana with 3,2% and Antalya with 3,0% follow Istanbul.

442. 91,7% of the total number of buildings in Turkey has been constructed by the private sector, 3,6% by the public sector and 4,5% by the construction cooperatives. Concerning the floor area of completed or partially completed new buildings, 70% of the total area belongs to private sector. Construction cooperatives have an important portion with 27%. The rate of public sector remains approximately at the level of 4%.

443. According to the results of the 2000 Building Census, with regard to the purpose of usage, buildings used only for residential purposes have the highest ratio with 74,9%. Graph 1 presents more detailed information on the purpose of the usage of the buildings in 2000.

Figure I

Purpose of usage of the buildings (2000)

2000 (%)

Other

% 2,9

Mostly out of

Residential Building

% 1,1

Mostly

Residential Building

% 11,0

Agricultural

% 2,3

Commercial

% 6,0

Industrial

% 1,8

Residential Building

% 74,9

Source: TURKSTAT.

444. According to the results of the 2003 TURKSTAT survey, 72% of people in Turkey live in an owner-occupied housing, divided equally between those who own a house and those who own a flat or apartment. Many Turks in both urban and rural areas live in houses that have been built with the help of family and friends. Among those who are not homeowners, one-fifth of people live in rented accommodation, while the remainder live with relatives or in a house connected with their work.

445. In the 2003 TURKSTAT survey, 63% of people indicated that they were either satisfied or very satisfied with their housing, compared with 25% of respondents who described themselves as being moderately satisfied and just 12% of people who described themselves as being dissatisfied.

Article 12

Organization of the health care system

446. As displayed in the table below, actors in health care in Turkey are several public, quasi-public, private and philanthropic organizations.

Table 26

Actors in health care in Turkey

Source: 2004 Turkey Health Report, the MOH, Refik Saydam Hygiene Centre, School of Public Health, Publication No. SB-HM-2004/01.

447. The MOH is the primary public body responsible for policy making in health care, implementation of national health strategies and direct provision of health services. It is the major provider of primary and secondary health care, children’s and maternal health care services, and family planning services. The MOH is essentially the only provider of preventive health care services through an extensive network of health facilities (health centres and health posts) providing primary, secondary and specialized in-patient and out-patient services.

Primary and preventive health care

448. The WHO’s approach to the primary health care services is a part of Turkey’s health policy. In provision of the primary health care services, the main criterion is the accessibility of health services to all. Services at primary health centres are free of charge and open to everybody, regardless of whether they are affiliated with one of the social security schemes or not.

449. As of 2002, the MOH established almost 11.700 health posts and 5.840 health centres. For maternal and child care and for key preventive services, the MOH also runs a number of vertical programmes. To help implement these programmes, particularly in urban areas, the MOH operates a number of specialized centres and dispensaries with specialized personnel which offer preventive and curative health services and training for health personnel from other primary health care units.

Table 27

Public primary and preventive health care facilities (2000, 2002)

Source: 2004 Turkey Health Report, the MOH, Refik Saydam Hygiene Centre, School of Public Health, Publication No. SB-HM-2004/01.

Table 28

Number of hospitals (1994–2004)

Source: MOH.

Note: Military hospitals are not included.

Table 29

Number of hospital beds (1994–2004)