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Turkey

A. UN Convention status

A1. Ratification or conclusion of the UN Convention

The Government of the Republic of Turkey signed the Convention on the Rights of Persons with Disabilities on 30 March 2007 and ratified the Convention on 28 September 2009.

Links

Update date: Fri, 2019-05-24

A2. Ratification or accession to the Optional Protocol

The Government of the Republic of Turkey signed the Optional Protocol on 28 September 2009 and ratified the Optional Protocol on 03 December 2014.

Links

Update date: Fri, 2019-05-24

A3. Declarations, Reservations and Objections

The Government of the Republic of Turkey did not enter any declarations, reservations and objections.

Update date: Fri, 2019-05-24

A4. Comprehensive review

A comprehensive review of legislation has not been published yet.

Update date: Fri, 2019-05-24

A5. Focal point

The General Directorate of Services for Persons with Disabilities and the Elderly, which is part of the Ministry for Employment, Family and Social Services, has been the focal point in Turkish state for implementation of the Convention. The General Directorate of Services for Persons with Disabilities and the Elderly is the sole responsible public authority concerning the implementation of the rights of persons with disabilities.

Links

Update date: Fri, 2019-05-24

A6. Coordination mechanism

The Government of the Republic of Turkey issued a circular on 19 July 2013 that established the Committee of Monitoring and Evaluation of Rights of Persons with Disabilities. The Committee acts as an advisory board for the Ministry of Employment, Family and Social Services. The Committee is composed of representatives from the align ministries, institutions and civil society organisation that were listed in the above-mentioned Circular. The Committee had its kickoff meeting on 13 May 2014. Since then, the Committee has held several sectoral meetings to produce CRPD related documents.

Links

Update date: Fri, 2019-05-24

A7. Independent mechanism

The Human Rights and Equality Institution was established on 20 April 2016 by Law No: 6701. It replaced the Human Rights Institution of Turkey. The Law declares the Institution as an independent body which is legally associated with the Prime Ministry. The Human Rights and Equality Committee is the executive body of the Human Rights and Equality Institution of Turkey. The Committee has 11 members. The President of the Republic of Turkey elects three members. The Council of Ministers elects eight members. Two of those members are chosen among academics who work on human rights issues. Remaining members are elected among candidates who are nominated by unions, bars, academics, social and professional associations which have its focus on promoting human rights. A member of the First Committee was announced in the Official Gazette No: 300009 on 16 March 2017.
Alongside fighting against violations and discrimination, the recently established Institution acts as a regulatory body that works on promoting equal treatment and enjoyment of rights. By virtue of the Law, any natural and legal person who alleges that he/she is subjected violation of rights or discrimination may apply to the Institution.

Links

Update date: Fri, 2019-05-24

A8. Official reporting

The initial report of the Republic of Turkey was due in October 2011. The Ministry of Employment, Family and Social Services, General Directorate of Services for Persons with Disabilities and the Elderly (EYHGM) submitted its initial report on the Convention on the Rights of Persons with Disabilities based on Article 35 of the Convention to the UN CRPD Committee in 2016. EYHGM has also submitted its Reply to the List of Issues prior to Consideration of Turkey Meeting. Based on its investigation, the Committee published the 2019 Concluding Observations on 9 April 2019.

Links

Update date: Fri, 2019-05-24

A9. Shadow reporting

The Turkish Confederation of Persons with Disabilities Shadow Report, prepared by a platform of civil society organisations (CSOs), was submitted to the UN CRPD Committee in August 2018. Several CSOs, including the Association for Monitoring Equal Rights, Network for the Rights of Children with Disabilities (ECHA), Social Rights and Research Society (TOHAD), the Advocates for Human Rights (TAHR), Disability Rights Monitoring Group (PSWG) have also produced additional reports for the consideration of the UN Committee.

Links

Update date: Fri, 2019-05-24

B. General legal framework

B1. Anti-discrimination legislation

Law No: 5378 on Persons with Disabilities of 2005 has been the first comprehensive law on disability rights that covered the equal rights of persons with disabilities in policy domains including education, vocational training, employment etc. while openly prohibiting discrimination on the grounds of disability. With the 2014 amendments (Law No: 6518), discrimination on the grounds of disability, direct and indirect discrimination were introduced to the national legislation.
The Constitutional amendment of 12 September 2010 added a paragraph to Article 10 (equality before the law) of the Constitution of the Republic of Turkey proclaiming that “measures to be taken for children, the elderly, persons with disabilities, widows and orphans of martyrs as well as for the invalid and veterans shall not be considered as violation of the principle of equality." This article provided a legal basis for positive discrimination measures targeting disability equality.
2016 Law No: 6701 on the Human Rights and Equality Institution, with its 2017 amendment, provides the most recent provisions on the enjoyment of equal rights and prevention of violation of human rights and discrimination of all citizens, including persons with disabilities. Alongside the term 'direct and indirect discrimination', the Law introduces the exclusion and multiple discrimination terms into the national legislation.

Links

Update date: Fri, 2019-05-24

B2. Recognition of legal capacity

Contrary to the CRPD, the Turkish Civil Code views ‘capacity to enjoy rights’ and ‘capacity to act’ as two separate concepts associated with legal capacity (Article 8 and 9). Both Articles 13 and 14 of the Civil Code of the Republic of Turkey (Law No: 4712) prevent those with mental illnesses and/or mental impairments to have legal capacity to act on the basis of the presumption that they lack the ability to make decisions. In this respect, the Code contradicts the rights set out under the UN CRPD. Articles between and including 396 and 294 of the Civil Code of the Republic of Turkey describe the rules and regulations concerning the guardianship of persons with mental illnesses and/or mental infirmities. Article 8 of the Law on the Basic Provisions of Elections proclaims that those under guardianship cannot be electors. This Article provides the basis for the exclusion of persons with mental health problems and/or mental disabilities from elections. However, by virtue of the Turkish Constitution (Article 90), the norms of international agreements have the force of law. Thus, the Turkish Republic as a signatory to the CRPD is obliged to undertake the necessary steps to implement this particular provision in accordance with the CRPD provisions. The 2019 Concluding Observations explicitly declares the CRPD Committee's concerns about the failure of recognition of legal capacity and the lack of supported decision-making mechanism.

Links

Update date: Fri, 2019-05-24

B3. Accessibility of voting and elections

According to Article 90 of the Law on the Basic Provisions of Elections, persons with disabilities should not wait in the election queue and should have priority. According to Article 93 of the same law, 'those having visual disabilities, paralytics and those with visible disabilities can vote with the assistance of one of their relatives or if they do not have a relative ready to assist they can use the assistance of any other voter.' Article 74 of the same law provides the legal basis for accessibility of voting and elections for persons with disabilities. This Article openly declares that all necessary measures should be taken in order to ensure disabled people’s voting. Before the general elections of 2015, Turkey's Supreme Committee of Elections invited all citizens with physical and visual impairments to register themselves as persons with disabilities in the Supreme Committee's records. The Supreme Committee declared that it would use these records to ensure that citizens with disabilities would be assigned to accessible polling booths. The Supreme Committee of Elections also declared that relatives of persons with disabilities - rather than returning officers - are authorised to help persons with disabilities casting their votes.

Links

Update date: Fri, 2019-05-24

B4. Official recognition of sign language

Article 15 of Law No: 5378 on Persons with Disabilities, with its 2014 amendments (Law No: 6518), delegates the responsibility for developing Turkish Sign Language and offering training on Turkish sign language to the Turkish Language Institution and the Ministry of Education. In accordance with Article 15, the Regulation on Formation and Implementation of Turkish Sign Language and Regulation on Training of Sign Language Translators were stipulated in 2006. The Regulation defines sign language as ‘the visual language that is created by using hand and body gestures and mimics in order to express emotions, thoughts, desires, and needs. It should be noted that Turkish Sign Language is not listed as an official language of the Turkish Republic.
Under the coordination of the General Directorate of Services for Persons with Disabilities and the Elderly and the Ministry of Education, the Turkish Language Institution has recently launched the first grammar book and dictionary of Turkish Sign Language.

Links

Update date: Fri, 2019-05-24

B5. National disability strategy and action plan

The General Directorate (GD) of Services for Persons with Disabilities and the Elderly has recently initiated coordination procedures to set out the National disability strategy and action plan. So far, no further information is available online on its progress. And yet, the GD has prepared national indicators for the CRPD.

Links

Update date: Fri, 2019-05-24

C. Accessibility

C1. Transport accessibility

Provisional Article 3 of the Law on Persons with Disabilities (Law No: 5378) delegated the responsibility of ensuring accessibility of all public transport facilities to the metropolitan municipalities and all municipalities under their purview, within seven years after the enactment of the Law in 2005. With the enactment of Law No: 6353, the time limit has increased to eight years in 2012, and the executive authority has been authorised to extend the deadline for two more additional years.
The Ministry of Employment, Family and Social Services promulgated the Regulation on Monitoring and Supervision of Accessibility on 20 July 2013 to boost the accessibility-related provisions of the Law. The Regulation applies both to the built environment and transport facilities. The Regulation sets out national standards for accessibility. Together with its recent amendments, the Regulation gives the responsibility of monitoring and supervision of accessibility to the provincial commissions. Commissions also contribute to the preparation and implementation of annual national accessibility plans. Provincial commissions are composed of the provincial director to the Ministry, representatives of related ministries and representatives of different confederations of organisations of persons with disabilities. In the case of non-compliance, the Commission refers the case to the Ministry. If the Ministry identifies non-compliance, an administrative fine may apply. The fines are collected under the Ministry’s budget to be used for accessibility-related projects.
An amendment to the Law on Persons with Disabilities (Law No: 6518) of 18 November 2014 declares that no inner-city public transport vehicle unless it is accessible, will be granted license and work permit.
According to the Disability Rights Monitoring Report of 2014, only a small share of all buses operating in 81 cities of Turkey was accessible for persons with physical impairments. While 41% of all buses were found to have ramps or special lift for wheelchair users, only 28% of them were reported to have visual and/or audio signalling system.
Under the scope of the Transportation Sector Operational Programme 'Accessibility of Passenger Transportation Services in Turkey- IPA Project' was funded to promote the accessibility of the passenger transportation system. The project activities, such as developing a national action plan and accessibility strategy, conducting pilot projects, and awareness-raising campaigns, are still ongoing.

Links

Update date: Fri, 2019-05-24

C2. Built environment accessibility

As a prerequisite of economic and social participation, accessibility is set as one of the main pillars of disability policy in Turkey. In national legislation, the term accessibility is defined as ‘independent and safe use and access to buildings, open spaces, transportation and information services, and information and communication technologies by persons with disabilities’ (Law No: 6518). Law No: 5378 on Persons with Disabilities with its 2014 amendments (Law No: 6518) obliges all parties concerned to ensure accessibility of all built environment including all public facilities, roads, pavements, pedestrian crossings, parks etc. By virtue of the Law, the Turkish Standards Institute developed TS9111– Minimum Requirements in Buildings to Ensure Accessibility for Persons with Mobility Restrictions and/or Disabilities. Complementary, Law No: 3194 on Land Development, Planning and Control (Construction Law) mandates ‘to conform to the relevant standards of the Turkish Standards Institute in the land development plans and in areas and structures of urban, social and technical infrastructure in order to make the physical environment accessible and liveable for persons with disabilities’. Additionally, Law No: 634 on Property Ownership enables to make adaptations in existing dwellings where person(s) with disabilities reside.
To facilitate the implementation of the accessibility provisions of the Law on Persons with Disabilities (Law No: 5378) with its 2014 amendments (Law No: 6518), the Regulation on Accessibility Monitoring and Auditing and related Accessibility Monitoring and Auditing Commissions were put into effect in recent years. While setting out the details of the auditing and the certification of all types of the built environment, the Regulation imposes administrative fines to natural and legal persons who fail to meet accessibility standards. Together with its 2016 and 2019 amendments, the Regulation gives the responsibility for monitoring and the supervision of accessibility to the provincial commissions. In the case of non-compliance, the Commission refers the case to the Ministry of Employment, Family and Social Services. If the Ministry identifies non-compliance, an administrative fine may apply. The fines are collected under the Ministry’s budget to be used for accessibility-related projects.
Alongside the above-listed legislation, the Regulation on Construction of Planned Areas was put into force on 3 July 2017 to boost the implementation of Law No: 3194 on Land Development, Planning and Control (Construction Law). While accessibility is cited among the general principles of the Regulation, it provides the framework for embedding accessibility in construction plans.

Links

Update date: Fri, 2019-05-24

C3. ICT and Web accessibility

Access to information and communication technologies by persons with disabilities is addressed in the Turkish legislation. Apart from Law No: 5378 on Persons with Disabilities and its 2014 amendments (Law No: 6518), the Law on Electronic Communications (Law No: 5809) in its Article 4 addresses the issue and calls the electronic communications service providers and relevant bodies to consider ‘the specific needs of disabled, elder and people in need of social protection’. To increase web accessibility for persons with disabilities from 57% to 60% by the end of 2018, the Turkish Information and Communication Technologies Authority has also placed special emphasis on web accessibility in its’ multi-annual strategic plans (2016-2018) and (2019-2023) and National E-Government Strategy Paper and Action Plan 2016-2019.
Considering international legislation, Turkey signed the World Intellectual Property Organisation-administered treaty titled Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled on 1 November 2013.

Links

Update date: Fri, 2019-05-24

D. Independent living

D1. Choice of living arrangements

The Republic of Turkey neither has an enforceable framework on mental health law nor a law prohibiting arbitrary detention in psychiatric facilities. One of the key legal documents in this area is the Patients’ Rights Regulation. This Regulation provides medical doctors with guidance on basic principles including informed consent. However, the Regulation permits the decision of admission to family members. Therefore, the Regulation does not ensure individual consent even in cases where this might be possible. In addition, the Regulation does not allow patients to make an appeal against involuntary confinement or to appeal to a court. According to Article 6 of the Law on Persons with Disabilities (Law No: 5378), the Republic of Turkey has shifted its approach to care for persons with intellectual disabilities from an institution-based approach to an approach centred upon 'care at home'. In practice, the Republic of Turkey introduced an income means-tested 'at-home care allowance' for the families of persons with intellectual disabilities in return of their care services for their family member. However, in this model, the state does not recognise the right to live independently from their families. As evidenced by the Mental Disability Rights International’s report, in 2005 community-based care services were not generally available for persons with mental disabilities and their families. The Independent Living Network Project, which is implemented by European Network on Independent Living (ENIL) in partnership Human Rights in Mental Health Initiative (RUSIHAK) based in Istanbul, list the key challenges to independent living in Turkey as: individualised and medicalised understanding of disability, lack of understanding of the CRPD principles among persons with disabilities, CSOs and policy-makers, legal provisions violating the rights of persons with disabilities and creating obstacles to their full inclusion (i.e. guardianship), prevalence of traditional institutional care, limited range of and access to community-based services for persons with disabilities, lack of accessible mainstream services and the emergence of new services for persons with disabilities that are being promoted as community-based services but in fact are based on a medical model of disability and fail to provide disabled people with choice and control.
The 2014 Amendment to the Law on Persons with Disabilities (Law No: 6518), emphasised the importance of independent living for persons with disabilities on equal terms with other citizens. It explicitly declared that persons with disabilities cannot be forced to lead a special form of living arrangement. Article 64, in particular, mentions respect to the individual autonomy of persons with disabilities.

Links

Update date: Fri, 2019-05-24

D2. De-institutionalisation

Given that institutional care and treatment capacity of Turkey remain quite limited comparatively, 'de-institutionalisation' represents a change in the state’s approach to health services and social services for people with mental illnesses and people with intellectual disabilities rather than the replacement of exiting institutional capacity with community-based services.

The Ministry of Health issued the National Mental Health Action Plan (2011-2023) in 2011. Mental health services in Turkey traditionally relied upon an institution-based approach. However, according to the Action Plan, the Ministry of Health is dedicated to develop capacity in community-based mental health services, which might contribute to increasing choice for people with mental illnesses and/or mental disabilities to live in the community.

According to Article 6 of the Law on Persons with Disabilities (Law No: 5378), the Republic of Turkey adopted a family-centred approach to the care of people with intellectual disabilities. However, in practice, this approach has been largely the affirmation of the already-existing living arrangements of people with intellectual disabilities. Given the lack of institutional capacity for care, people with intellectual disabilities were effectively living in their family homes. The major change in the approach of the state towards the treatment and social services for people with intellectual disabilities has been the introduction of an income means-tested 'at-home care allowance'.

Links

Update date: Fri, 2019-05-24

D3. Quality of social services

The Ministry of Employment, Family and Social Services, General Directorate of Services for Persons with Disabilities and the Elderly is responsible for monitoring all care services in the country. Quality Standards for Care Services have been adopted in May 2013. The General Directorate also formed an Assessors Pool who are delegated the responsibility to monitor all care facilities at the grassroots level. With the help of online via E-BHKS system, the assessors can submit their verdict on the quality standards of the home-based or residential care services. Details of the assessment procedures, the grading system and related charts are also available online for the use of assessors. The Ministry is in the process of establishing an independent committee which will be tasked to deliver the final verdict based on the assessor reports.

Links

Update date: Fri, 2019-05-24

D4. Provision of assistive devices at home

The Republic of Turkey recognises disabled people’s need for assistive devices at home as part of their medical needs. Therefore, public authorities do not make assessments of needs at home or provide alterations to private housing. Persons with disabilities can only get access to subsidised or free assistive devices if they receive a medical report indicating that they need a specific assistive device due to their health condition. The Social Security Institution issues Health Implementation Directives annually that specify which assistive devices will be subsidised by the state under which medical conditions.
Under the Energy Assistance Programme, electricity utility bills (up to 200 TRY) are covered by the state if the disabled person is bound to use an electrically powered assistive device. The same programme also provides generators for eligible disabled persons.

Links

Update date: Fri, 2019-05-24

D5. Availability of personal assistance schemes

Personalisation and user choice and control of social services by people with disabilities has not been introduced in Turkey. For instance, means-tested 'at-home care allowance' is paid to the carer directly, who is predominantly the female member of the person with disability’s family.

Links

Update date: Fri, 2019-05-24

D6. Income maintenance

The Republic of Turkey has a complex system of contributory and non-contributory benefit schemes run by the state. Turkey has a contributory pension system that is funded out of contributions of both employers and employees. Within this system, persons with disabilities are entitled to pension benefit earlier than other citizens. The Republic of Turkey introduced income means-tested non-contributory income support scheme in 1976. According to Law No: 2022 on Social Assistance and Solidarity Fund, persons with disabilities are entitled to a monthly paid income support scheme provided that they are not employed and live under a poverty threshold. For persons with disabilities who were assessed to have the capacity to work by medical authorities, the government introduced the conditionality to the non-contributory income support scheme to be registered with the Turkish Employment Institution and actively seek employment. To encourage their employment, further conditionality was introduced by the Regulation on Employment of Benefit Recipients. When it came into effect on 1 January 2018, those recipients who reject job offers three times without having a valid reason, will be banned from receiving the social benefit for a period of 12 months. The rules also apply to disability benefit recipients, unless when their conditions are defined as ‘not fit for work’.
The Revenue Administration Department implemented a tax break for persons with disabilities either working as an employee or self-employed. The level of tax break depends on the level of one’s impairment as determined by medical authorities. The tax break is approximately equal to 15% of the wages for employees and 15% of annual revenues for the self-employed.
In addition, a means-tested at-home care allowance functions as an income support scheme for families of persons with disabilities. The level of at-home care allowance is higher than that of the non-contributory income support for persons with disabilities and is equal to the level of the net minimum wage.

Links

Update date: Fri, 2019-05-24

D7. Additional costs

The Republic of Turkey does not have any benefit scheme targeted to help persons with disabilities to meet additional costs of living with impairment, beyond basic income maintenance and tax allowances.

Update date: Fri, 2019-05-24

D8. Retirement income

Turkey has a contributory pension system that is funded out of contributions of both employers and employees. According to the Social Insurance and General Health Insurance Law No: 5510, persons with disabilities are entitled to pension benefits earlier than other citizens. The minimum amount of time that a person with disability is expected to contribute to the system (thus to continue working) in order to become eligible for a pension benefit is 15 years.

Links

Update date: Fri, 2019-05-24

E. Education

E1. Special schools

There are both public and private segregated special schools for children with disabilities in Turkey. The Regulation on Special Education Services sets out rules and regulations concerning special education schools in Turkey. The Ministry of Education issued the Regulation on Special Education Institutions on 18 May 2012 (amended in 2018) that aims to set rules and regulations for private special schools and special education and rehabilitation centres.
According to the official statistics of the Ministry of Education in the 2018-2019 academic year, 52,852 students were reported to enrol to the special education schools for children with disabilities.
Apart from public and private special schools, there were 2,437 private sector-run special education and rehabilitation centres operating in Turkey. For the year of 2016-2017, the number of children enrolled in these centres was 403,104.

Links

Update date: Fri, 2019-05-24

E2. Mainstream schools

With the promulgation of the Executive Order on Special Education in 1997, the integration of children with disabilities into mainstream schools has become the priority in education policies. Article 15 of the Law on Persons with Disabilities (Law No: 5378) that was ratified in 2005 also strengthened this shift in education policies for children with disabilities. According to statistics of the Ministry of Education for the 2018-2019 academic year, 268,977 students with disabilities were enrolled in mainstream schools. The number of students with disabilities has been increasing in both mainstream primary and secondary schools since 2002.

Links

Update date: Fri, 2019-05-24

E3. Sign language and Braille in school

There is no absolute right to the provision of communication in Braille or Turkish Sign Language in the mainstream education system. However, special education schools provide training on sign language and Braille. According to the Ministry of National Education’s statistics in 2011, there are 49 special primary schools run by the state that serves children with hearing disabilities. These schools teach sign language. There are 16 special primary schools run by the state that serves children with visual disabilities. These schools teach Braille and use training materials in Braille.

Update date: Fri, 2019-05-24

E4. Vocational training

Article 4 of the Law on Persons with Disabilities (Law No: 5378) prohibits discrimination on the grounds of disability in all domains of social policies. Vocational education is mostly delivered under the general education system. Under the scope of these services, vocational and occupational counselling is provided systematically. On application, persons with disabilities can also benefit from general apprenticeship programmes with their non-disabled peers. There are both formal and non-formal education institutions that offer vocational training for persons with disabilities.
There are 112 formal special education schools that can be categorised as vocational training institutions. There are two vocational high schools for students with physical impairments, 21 vocational high schools for students with hearing disabilities and 89 vocational secondary schools for students with intellectual disabilities.
There are 261 non-formal special education centres that provide vocational training for persons with disabilities. Among these: 135 serve persons with intellectual disabilities; 14 are vocational training centres for children with autism; and 112 are private special education schools.
In addition to vocational training services of education institutions under the purview of the Ministry of Education, the Turkish Employment Institute offers vocational training for persons with disabilities. In 2012, the Employment Institute offered 547 vocational training modules, and more than 6,000 persons with disabilities attended these modules.

Links

Update date: Fri, 2019-05-24

E5. Higher education

Article 4 of the Law on Persons with Disabilities (Law No: 5378) prohibits discrimination on the grounds of disabilities in all domains of social policies including higher education policies.

The Directive on Counselling and Coordination for Persons with Disabilities in Higher Education Institutions was released on 14 August 2010. With the promulgation of this Directive, Special Commissions were established in each university to coordinate disability equality policies within higher education.

However, Special Commissions for students with disabilities work quite differently at different universities. While some universities commit more time and energy to make their buildings, facilities and curricula accessible for students with disabilities and are more willing to implement disability equality policies, others remain largely inactive so far. For instance, Engin Yılmaz from Boğaziçi University, on behalf of the Platform of Students with Disabilities, made a presentation in the official meeting titled “The Structure and Working of Special Commissions for Students with Disabilities” about the demands and expectations of students with disabilities from Special Commissions. In 2017, the Higher Education Institute organised the Barrier Free Access Workshop to increase awareness and to promote accessibility. Good practices were also awarded Accessible University Flags and Barrier-Free Curriculum Certificates.

Some improvements are noticeable. The number of scholarships granted to students with disabilities increased from 575 to 4,545 between 2014 and 2018. The number of accessible rooms in student dormitories increased from 555 to 1,753 for the same period.

Links

Update date: Fri, 2019-05-24

F. Employment

F1. Non-discrimination in employment

Article 4 of the Law on Persons with Disabilities (Law No: 5378) prohibits discrimination on the ground of disability in all domains of social policies including employment policies. Article 14 of the Law specifically addresses non-discrimination principle in the employment of persons with disabilities.
The Republic of Turkey implements positive discrimination measures concerning the employment of persons with disabilities. Article 30 of the Labour Law (Law No: 4857) proclaims that all employers with more than 50 employees are required to have at least 3% of persons with disabilities among their employees. The Turkish Employment Institution is responsible for finding the right candidates for job positions and is authorised to fine companies that do not comply with this article.
According to Article 53 of the Civil Servants Law (Law No: 657), all public institutions are required to have at least 3% of persons with disabilities among their employees.
Law No: 6701 on the Human Rights and Equality Institution has also set out the framework to fight against discrimination at any stage of employment.

Links

Update date: Fri, 2019-05-24

F2. Public employment services

In Turkey, the quota scheme is the main employment route for persons with disabilities. Any public and private employer with 50 or more employees has an obligation to comply with the minimum 3% threshold. Currently, there are 19,462 workplaces (1,363 public and 18,097 private sector) which fall under the quota scheme. In total, 125,885 work positions are available for persons with disabilities in these workplaces (17,401 in the public and 108,484 in the private sector).
Job placements for the private sector are mostly carried out by the Turkish Employment Institute. Employers who want to recruit disabled worker(s) usually apply to the Turkish Employment Institute. The Institute is responsible for ensuring the employment of persons with disabilities by providing vocational training opportunities and coordinating the implementation of positive discrimination measures concerning the employment of persons with disabilities in the private sector. To provide better job placement services, the Turkish Employment Institute has recently established the Occupational and Vocation Consultancy mechanism. Currently, the Occupation and Vocation Consultants provide services in 81 Job Placement Units in 65 provinces. In addition to the Turkish Employment Institute’s job placement services, some non-governmental organisations are also active in finding the right employee with disabilities for the employer.
For the jobs in the public sector, the State Personnel Administration acts as governing body. In order to be employed in the public sector, persons with disabilities can take the Public Personnel Selection Examination for Persons with Disabilities (EKPSS). The exam was introduced in 2012 and was designed in a way to accommodate the special needs of the disabled candidates, ranging from accessibility to extra time. On application, persons with disabilities can also take the Public Personnel Selection Examination (KPSS) with non-disabled candidates. Currently, the number of public servants who work under the mentioned quota reached 51,814.
Although, there has been a dramatic increase in the job placements in the last decade, in 2013 only 89,574 of the vacancies allocated for persons with disabilities under the quota scheme were filled (11,644 in the public sector and 77,930 in the private sector). According to 2018 statistics, approximately 144,495 persons with disabilities were registered as job seekers.

Links

Update date: Fri, 2019-05-24

F3. Workplace adaptations

By virtue of Law No: 5378 on Persons with Disabilities, employers, in both public and private sectors, are obliged to undertake all necessary measures to ensure the provision of assistive devices and reasonable accommodations for their disabled employee(s) in order for them to carry out the job requirements. The Law also requires that necessary arrangements are made to eliminate barriers for disabled job applicants or candidates (Article 14). Similar provisions were reiterated in the Regulation on Health and Safety in Construction Work (2003) (later replaced by the Regulation on Health and Safety in Construction Work 2013) and the Regulation Concerning the Minimum Safety and Health Requirements for the Workplace (2004). To disseminate information about accessibility and special arrangements, the Directorate General of Occupational Health and Security has published a guidebook which explains how to accommodate disabled employees at workplaces.
Since 2011, funding is available for accessibility arrangements in a workplace environment. In order to get a grant, the employer needs to apply to the Commission on Allocation of Fine Funds. The applications are expected to be in line with the Project Guidelines which is prepared and disseminated by the Turkish Labour Agency. The Regulation on the Use of Fine Funds provides the legal framework in allocating resources to employment-focused projects. Among them, the adaptation of workplaces is listed. Projects are assessed according to a pre-set checklist. These checklists are revised by the Commission. The projects which are granted funds are informed by the Turkish Labour Agency. Regarding the amounts provided, there is no lower or upper limit.

Links

Update date: Fri, 2019-05-24

F4. Financial incentives

Article 30 of the Labour Law (Law No: 4857) states that all employers with more than 50 employees are required to have at least 3% of persons with disabilities among their employees. In order to implement this policy, the Labour Law introduced financial incentives for employers. In line with the general framework set by the Labour Law, the Social Security Institute issued a circular on 19 August 2008 that clarified the financial incentives. These financial incentives include full compensation of private sector employers’ social security contributions by the Treasury for employees with disabilities hired so as to meet the minimum 3% threshold. If companies hire more than this minimum threshold, the Treasury pays half of the employers’ social security contributions for employees with disabilities. The General Directorate of Services for Persons with Disabilities and the Elderly declared that new financial incentives are forthcoming with the objective of promoting the establishment of supported employment opportunities for persons with disabilities.
Additionally, Sheltered Workshop Project was introduced in 2013 with the collaboration of the Turkish Employment Agency and the General Directorate of Services for Persons with Disabilities and the Elderly. The annual project calls are announced online. The selected projects are provided with grants and subsidies to set up sheltered workshops. Under this scheme, 60% of the initial investment salaries of the disabled employee (up to 150.000 TRY), and 60% of the utility expenses (heating, electricity, communication and water) for the first 12 months are covered by the treasury. Full compensation of employers' social security contributions for each employee are also covered. According to the recent Regulation on the Reimbursement of Wages to Employers at Sheltered Workshops (2016), a certain proportion of the wages is reimbursed to employers by the state.

Links

Update date: Fri, 2019-05-24

G. Statistics and data collection

G1. Official research

The Regulation on the Establishment of the Database of Persons with Disabilities and the Provision of Special Identity Card for Persons with Disabilities was issued on 19 June 2008. According to this Regulation, the Ministry of Employment, Family and Social Services General Directorate of Services for Persons with Disabilities is responsible for the compilation of the Database of Persons with Disabilities. The number of persons in this database reached up 1,507,739 in 2017. In 2018, General Directorate carried out infrastructure upgrade to include information about the elderly population and various services. Currently, no further information is available online.
Apart from the database, the Turkey Disability Survey was conducted in 2002. In this national survey, data on the prevalence of disabilities (including chronic illnesses), types of disabilities, age, sex, educational attainment, marital status, employment status, social security status and the expectations of persons with disabilities from public institutions have been gathered. The survey was conducted with a sample that has the representative power of seven geographical regions of Turkey, urban as well as rural areas.
The Population and Housing Survey 2011 is the most recent official research that provides information on persons with disabilities in Turkey. The Survey adopted Washington Group Short Set of Disability Questions. However, the wording of the questions partly excludes persons with chronic illnesses, which, in turn, endanger the validity of the disability-related information.
The National Health Survey 2012 is another official research aiming to gather information on people's health situation in Turkey.
The General Directorate of Services for Persons with Disabilities and the Elderly periodically publishes existing data on public services for persons with disabilities in collaboration with the Turkish Statistical Institute and other related public bodies.

Links

Update date: Fri, 2019-05-24

G2. Census data

The first national survey on people with disabilities was conducted in 2002. In this national survey, data on the prevalence of disabilities (including chronic illnesses), types of disabilities, age, sex, educational attainment, marital status, employment status, social security status and the expectations of people with disabilities from public institutions was gathered. The survey was conducted with a sample that had the representative power of seven geographical regions of Turkey, urban as well as rural areas.

The Turkish Statistical Institute started to compile census data from the address-based population registration system. The Institution published its latest census data in 2011 in which Washington Group Short Set of Disability Questions was employed. The disability prevalence was found to be 6.9%, which is far less than other surveys have revealed. Although the wording of the questionnaire was designed to detect those who have chronic illnesses and those who have problems in`seeing, hearing, speaking, walking, climbing stairs, holding or lifting something, learning and remembering`, the census statistics failed to depict those who have chronic illnesses among the type of disability. This, in turn, endangers the validity of the findings.

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Update date: Fri, 2019-05-24

G3. Labour Force Survey

The Turkish Statistical Institute has been regularly conducting Household Labour Force Survey since 1988. This Survey has been the main data source on the labour market situation of Turkey from the perspective of citizens. However, people with disabilities are not identified in the household labour force data. In this survey, respondents - who told that they are not actively searching for a job - are asked to provide reasons why they are not actively searching for a job. Disability, sickness and old age, are counted as one of the reasons of not being in the labour force. 2011 Labour Force Survey Ad Hoc Module on Employment of Disabled People provides the most recent reliable and comparable data on the employment situation of disabled people in Turkey.

The Turkish Employment Institute provides data on workers with disabilities both in the private and the public sector. The number of workers with disabilities who are employed under the quota system is reported to be 121,885 (14,782 in the public sector and 107,103 in the private sector).

The Presidency of State Personnel, on the other hand, provides data on the public sector civil servants with disabilities. Currently, there are 51,814 civil servants with disabilities.

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Update date: Fri, 2019-05-24

G4. Disability equality indicators

The Republic of Turkey does not regularly collect and publish data on disability equality indicators. However, the Turkish Statistical Institute conducted a national survey on problems and expectations of people with disabilities in 2010. In addition, The General Directorate of Services for People with Disabilities and the Elderly started to compile and publish administrative and census data on people with disabilities.

Links

Update date: Fri, 2019-05-24

H. Awareness and external action

H1. Awareness raising programs

The General Directorate of Services for Persons with Disabilities and the Elderly, in collaboration with the European Union and as part of the Instrument for Pre-accession Assistance (IPA), opened up a call for applications for a grant scheme entitled ‘Improved Integration of Persons with Disabilities into Society’. Non-governmental organisations working on disability rights issues are eligible for this grant provided that they develop projects to support the integration of people with disabilities into society. Under the scope of the project, training to increase the capacity of civil society organisations of/for persons with disabilities were delivered in a number of provinces. In total, 1,258 CSO representatives participated in these training. Additionally, 23 CSOs were granted funds (up to EUR 100,000) to conduct projects towards improving participation of persons with disabilities in society.
The General Directorate for People with Disabilities, which was closed in 31 December 2011 and whose responsibilities had been transferred to the newly established Ministry of Family and Social Policies. The General Directorate of Services for People with Disabilities and the Elderly later on carried out a nationwide project titled ‘Turkey without Barriers’ that started in 2007. As part of this project, the General Directorate for People with Disabilities officials visited all provinces of Turkey, giving lectures on the latest legislation on disability rights issues to a large audience including teachers, lawyers, medical doctors, engineers, social workers, etc. and answering the questions of practitioners and representatives of disability organisations.

The General Directorate for Persons with Disabilities implemented another project ‘Fighting Discrimination on the Ground of Disability in Turkey in 2010’ under the PROGRESS Programme of the European Union. This project supported the implementation of two main activities. First, an evaluation study on discrimination on the basis of disability in Turkey was conducted. Second, a national symposium on fighting discrimination on the ground of disability was organised.
Upon transition from the Parliamentary system to the Presidential system, the Ministry of Employment, Family and Social Services was established. Currently, the General Directorate was affiliated to this Ministry.

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Update date: Fri, 2019-05-24

H2. Training for teachers

Specified training in disability is not mandatory for all teachers and it is not part of the Education Faculties’ curricula.

The Ministry of Education, the General Directorate for Special Education and Rehabilitation Services, conducted a set of in-house training courses for teachers who were going to be employed in special education for children with intellectual disabilities between January and September 2013.

The Ministry of Education has also been running a 30-month project titled 'Strengthening Special Education' that started in 2011. As part of this project, special education teachers were trained to promote the inclusion of equality in their respective schools.

Under the scope of MEB Strategic Plan for 2015–2019, 380,000 teachers were trained in Awareness in Special Education Trainings from 2015–2017. Two-week training was delivered to a total of 15.000 teachers so far.

The Ministry of Education has been granted funds to carry out the project 'Increasing the Quality of Special Education Services for Inclusive Education'. The activities of this project also include improving the skills of teachers who are involved in special education. The project is in its initial stage of implementation, therefore, no further information is available online.

Links

Update date: Fri, 2019-05-24

H3. Training for lawyers

Specific training in disability is not mandatory for all lawyers and not part of the Law Faculties’ curricula.

Some bar associations including Istanbul, Denizli and Adana established their in-house disability rights commissions.

Under the scope of the Barrier Free Justice Project which aims to increase disabled people's access to justice, Ankara Bar in partnership with Atilim Univesity School of Law is planning to deliver related training to law students. The project had its kick-off meeting in March 2019. Currently, no further information is available online.

Links

Update date: Fri, 2019-05-24

H4. Training for doctors

Specified training in disability equality is not mandatory for all medical doctors and not part of the Medical Faculties’ curricula.

Turkish Medical Association’s Declaration of Ethics specifically addresses discrimination on the basis of disability and prohibits it in medical practice.

Links

Update date: Fri, 2019-05-24

H5. Training for engineers

Specified training in disability is not mandatory for all engineers and architects and not part of the Engineering and Architecture Faculties’ curricula.

Union of Chambers of Architects and Engineers organised a workshop on accessibility in 2011 to raise awareness about accessibility and disability rights issues among architects and engineers.

Update date: Fri, 2019-05-24

H6. International development aid

The Turkish Cooperation and Coordination Agency (TIKA) is the public body responsible for Turkey’s international development aid. TIKA has been investing in projects on education, restoration, water and sanitation projects, e-government projects, agricultural development, combating poverty, increasing the employment of women, infrastructure projects such as irrigation, health and transportation projects and constructing schools and hospitals as well as restoring architectural structures. Disability mainstreaming has not been identified in Turkey’s international development aid policies.

Links

Update date: Fri, 2019-05-24

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