The constitution is the totality of fundamental laws governing the main organs of a state; their structure, function and powers, their relationship with one another and the fundamental rights and obligations of citizens toward these organs. All laws, statutes, decisions, practices and procedures must be in accordance with the constitution. Turkey is a “rule of law” state according to its constitution. Thus, by definition, the law binds the state and the rights and freedoms of its citizens are secured by the constitution. The constitution of the Republic of Turkey holds “equality before the law” to be one of its most basic principles, as stated in Article 10:
- All persons are equal before the law, regardless of differences in language, race, gender, political thought, philosophical belief, religion, sect, etc. Women and men have equal rights, the state is responsible for ensuring the realisation of this.
- No person, family, group or class shall receive preferential treatment.
- The organs and governing bodies of the state shall act in accordance with the principle of equality before the law in all of their procedures.
Article 12 of the Constitution:
- Everyone possesses inviolable, untransferable and indispensable fundamental rights and freedoms regarding their persons.
The constitution lists fundamental rights and freedoms under the headings “Personal Rights and Obligations,” “Social and Economic Rights and Obligations,” and “Political Rights and Obligations.”
Personal Rights and Obligations
- Everyone has the right to life and to protect and develop his or her material and spiritual entity (Article 17)
- No persons shall be forcefully employed. Forced labor is prohibited. (Article 18)
- Everyone has right to liberty and security of person. …Damage incurred by persons subjected to treatment contrary to these principles shall be compensated according to the law by the State. (Article 19)
- Everyone has the right to demand respect for his or her private and domestic life. …[In the absence of due legal process] no one’s person, private papers or belongings shall be searched or seized. (Article 20)
- The domicile of an individual shall not be violated. … [In the absence of due legal process] no person’s residence shall be entered, searched or his or her belongings seized. (Article 21)
- Everyone has the right to freedom of communication. Secrecy of communication is fundamental. [In the absence of due legal process] communication shall not be impeded or its privacy breached. (Article 22)
- Everyone has the right to freedom of residence and movement. (Article 23)
- Everyone has the right to freedom to conscious, religious beliefs and conviction. (Article 24)
- Everyone has the right to express and disseminate his or her thought and opinion by speech, in writing or in pictures or through other media, individually or collectively. (Article 26)
- Everyone has the right to study and teach freely, explain and disseminate science and art and to conduct research in these fields. (Article 27)
- Everyone has the right to form associations without prior permission. … No one shall be compelled to become or remain a member of, or relinquish membership of an association... (Article 33)
- Everyone has the right to organize unarmed and nonviolent meetings and protest marches without obtaining prior permission. (Article 34)
- Everyone has the right to own and inherit property. (Article 35)
- Everyone has the right of litigation either as plaintiff or defendant before the courts through lawful means and procedure and to receive a just trial. (Article 36)
- Anyone whose constitutional rights and freedoms have been violated has the right to request prompt access to the competent authorities. In its proceedings, the state must divulge to the interested parties which legal means and authorities to consult and how long a time period will be involved... (Article 40)
Social and Economic Rights and Obligations
- The family is the foundation of Turkish society and is based on equality between spouses... (Article 41)
- No one can be deprived of the right to education and learning. (Article 42)
- All persons possess the freedom to work and contract in their desired fields. (Article 48)
- No one can be made to work in fields that are inappropriate for their age, gender or strength... (Article 49)
- Employers and employees have the right to form unions and organizations to protect and further their social and economic rights without gaining prior permission. (Article 51)
- Wages shall be paid in return for work. …In determining the minimum wage, the living condition of workers and the economic condition of the state shall be taken into consideration... (Article 55)
- Everyone has the right to live in a healthy, balanced environment. (Article 56)
Political Rights and Obligations
- Citizens have the right to vote, be elected and participate in public elections or political activities independently or as part of a political party according to the conditions specified by the law. (Article 67)
- Citizens have the right to form political parties and to join and withdraw from them in accordance with the established procedures. .(Article 68)
- Citizens and foreign residents whose countries practice mutuality laws have the right to appeal in writing to the responsible authorities or to Parliament with their wishes and complaints regarding their persons or the public. (Article 74)
