Print   

THE CONSTITUTION OF THE REPUBLIC OF TURKEY

(...)

PART ONE

GENERAL PRINCIPLES

(...)

X. Equality before the Law (As amended on May 22, 2004)

ARTICLE 10. All individuals are equal without any discrimination before the law, irrespective of language, race, colour, sex, 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.

(...)

PART TWO

FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER ONE

GENERAL PROVISIONS

I. Nature of Fundamental Rights and Freedoms

ARTICLE 12. Everyone possesses inherent fundamental rights and freedoms which are inviolable and inalienable.

The fundamental rights and freedoms also comprise the duties and responsibilities of the individual to the society, his or her family, and other individuals.

(...)

V. Status of Aliens

ARTICLE 16. The fundamental rights and freedoms of aliens may be restricted by law in a manner consistent with international law.

CHAPTER TWO

RIGHTS AND DUTIES OF THE INDIVIDUAL

(...)

II. Prohibition of Forced Labour

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.

(...)

IV. Privacy and Protection of Private Life

A. Privacy of Individual Life

ARTICLE 20. (As amended on October 17, 2001)

Everyone has the right to demand respect for his or her private and family life. Privacy of an individual or family life cannot be violated.

Unless there exists a decision duly passed by a judge on one or several of the grounds of national security, public order, prevention of crime commitment, protection of  public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorised by law in cases where delay is prejudicial, again on the above-mentioned grounds, neither the person nor the private papers, nor belongings, of an individual shall be searched nor shall they be seized. The decision of the authorized agency shall be submitted for the approval of the judge having jurisdiction within 24 hours. The judge shall announce his decision within 48 hours from the time of seizure; otherwise, seizure shall automatically be lifted.

(...)

XV. Protection of Fundamental Rights and Freedoms

ARTICLE 40.  (As amended on October 17, 2001)

Everyone whose constitutional rights and freedoms have been violated has the right to request prompt access to the competent authorities.

The State, is obliged to indicate in its transactions, the legal remedies and authorities the persons concerned should apply and their time limits.

Damages incurred by any person through unlawful treatment by holders of public office shall be compensated for by the state. The state reserves the right of recourse to the official responsible.

CHAPTER THREE

SOCIAL AND ECONOMIC RIGHTS AND DUTIES

(...)

VII. Guarantee of Fair Wage

ARTICLE 55. (As amended on October 17, 2001)

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.

(...)