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/her family, and other individuals.
II. Restriction of fundamental rights and freedoms
ARTICLE 13
Fundamental rights and freedoms may be restricted only by law and in conformity with the reasons mentioned in the relevant articles of the Constitution without infringing upon their essence. These restrictions shall not be contrary to the letter and spirit of the Constitution and the requirements of the democratic order of the society and the secular republic and the principle of proportionality.
III. Prohibition of abuse of fundamental rights and freedoms
ARTICLE 14
None of the rights and freedoms embodied in the Constitution shall be exercised in the form of activities aiming to violate the indivisible integrity of the State with its territory and nation, and to endanger the existence of the democratic and secular order of the Republic based on human rights.
No provision of this Constitution shall be interpreted in a manner that enables the State or individuals to destroy the fundamental rights and freedoms recognized by the Constitution or to stage an activity with the aim of restricting them more extensively than stated in the Constitution.
The sanctions to be applied against those who perpetrate activities contrary to these provisions shall be determined by law.
IV. Suspension of the exercise of fundamental rights and freedoms
ARTICLE 15
In times of war, mobilization or a state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended or measures derogating the guarantees embodied in the Constitution may be taken to the extent required by the exigencies of the situation, as long as obligations under international law are not violated.
Even under the circumstances indicated in the first paragraph, the individual’s right to life, the integrity of his/her corporeal and spiritual existence shall be inviolable except where death occurs through acts in conformity with law of war; no one shall be compelled to reveal his/her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties shall not be made retroactive; nor shall anyone be held guilty until so proven by a court ruling.
V. Status of aliens
ARTICLE 16
The fundamental rights and freedoms in respect to aliens may be restricted by law compatible with international law.
CHAPTER TWO. Rights and Duties of the Individual
I. Personal inviolability, corporeal and spiritual existence of the individual
ARTICLE 17
Everyone has the right to life and the right to protect and improve his/her corporeal and spiritual existence.
The corporeal integrity of the individual shall not be violated except under medical necessity and in cases prescribed by law; and shall not be subjected to scientific or medical experiments without his/her consent.
No one shall be subjected to torture or mal-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity.
The acts of killing, when using a weapon is permitted by law as a compelling measure, during self-defence, the execution of warrants of capture and arrest, the prevention of the escape of lawfully arrested or convicted persons, the quelling of riot or insurrection, or carrying out the orders of authorized bodies during state of emergency, do not fall within the scope of the provision of the first paragraph.
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 sentence or under detention provided that the form and conditions of such labour are prescribed by law; services required from citizens during a state of emergency; and physical or intellectual work necessitated by the needs of the country as a civic obligation shall not be considered as forced labour.
III. Personal liberty and security
ARTICLE 19
Everyone has the right to personal liberty and security.
No one shall be deprived of his/her liberty except in the following cases where procedure and conditions are prescribed by law:
Execution of sentences restricting liberty and the implementation of security measures decided by courts; arrest or detention of an individual in line with a court ruling or an obligation upon him designated by law; execution of an order for the purpose of the educational supervision of a minor, or for bringing him/her before the competent authority; execution of measures taken in conformity with the relevant provisions of law for the treatment, education or rehabilitation of a person of unsound mind, an alcoholic, drug addict, vagrant, or a person spreading contagious diseases to be carried out in institutions when such persons constitute a danger to the public; arrest or detention of a person who enters or attempts to enter illegally into the country or for whom a deportation or extradition order has been issued.
Individuals against whom there is strong evidence of having committed an offence may be arrested by decision of a judge solely for the purposes of preventing escape, or preventing the destruction or alteration of evidence, as well as in other circumstances prescribed by law and necessitating detention. Arrest of a person without a decision by a judge may be executed only when a person is caught in flagrante delicto or in cases where delay is likely to thwart the course of justice; the conditions for such acts shall be defined by law.
Individuals arrested or detained shall be promptly notified, in all cases in writing, or orally when the former is not possible, of the grounds for their arrest or detention and the charges against them; in cases of offences committed collectively this notification shall be made, at the latest, before the individual is brought before a judge.
The person arrested or detained shall be brought before a judge within at latest forty-eight hours and in case of offences committed collectively within at most four days, excluding the time required to send the individual to the court nearest to the place of arrest. No one can be deprived of his/her liberty without the decision of a judge after the expiry of the above specified periods. These periods may be extended during a state of emergency or in time of war.
The next of kin shall be notified immediately when a person has been arrested or detained.
Persons under detention shall have the right to request trial within a reasonable time and to be released during investigation or prosecution. Release may be conditioned by a guarantee as to ensure the presence of the person at the trial proceedings or the execution of the court sentence.
Persons whose liberties are restricted for any reason are entitled to apply to the competent judicial authority for speedy conclusion of proceedings regarding their situation and for their immediate release if the restriction imposed upon them is not lawful.
Damage suffered by persons subjected to treatment other than these provisions shall be compensated by the State in accordance with the general principles of the compensation law.
IV. Privacy and protection of private life
A. Privacy of private life
ARTICLE 20
Everyone has the right to demand respect for his/her private and family life. Privacy of private or family life shall not be violated.
Unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, 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 authorized 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 competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall automatically be lifted.
Everyone has the right to request the protection of his/her personal data. This right includes being informed of, having access to and requesting the correction and deletion of his/her personal data, and to be informed whether these are used in consistency with envisaged objectives. Personal data can be processed only in cases envisaged by law or by the person’s explicit consent. The principles and procedures regarding the protection of personal data shall be laid down in law.
B. Inviolability of the domicile
ARTICLE 21
The domicile of an individual shall not be violated. Unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, 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 authorized by law in cases where delay is prejudicial, again on these grounds, no domicile may be entered or searched or the property seized therein. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall be automatically lifted.
C. Freedom of communication
ARTICLE 22
Everyone has the freedom of communication. Privacy of communication is fundamental.
Unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, 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 authorized by law in cases where delay is prejudicial, again on the above-mentioned grounds, communication shall not be impeded nor its privacy be violated. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall be automatically lifted.
Public institutions and agencies where exceptions may be applied are prescribed in law.
V. Freedom of residence and movement
ARTICLE 23
Everyone has the freedom of residence and movement.
Freedom of residence may be restricted by law for the purpose of preventing crimes, promoting social and economic development, achieving sound and orderly urbanization, and protecting public property.
Freedom of movement may be restricted by law for the purpose of investigation and prosecution of an offence, and prevention of crimes.
A citizen’s freedom to leave the country may be restricted only by the decision of a judge based on a criminal investigation or prosecution.
Citizens shall not be deported, or deprived of their right of entry into the homeland.
VI. Freedom of religion and conscience
ARTICLE 24
Everyone has the freedom of conscience, religious belief and conviction.
Acts of worship, religious rites and ceremonies shall be conducted freely, as long as they do not violate the provisions of Article 14.
No one shall be compelled to worship, or to participate in religious rites and ceremonies, or to reveal religious beliefs and convictions, or be blamed or accused because of his religious beliefs and convictions.
Religious and moral education and instruction shall be conducted under state supervision and control. Instruction in religious culture and morals shall be one of the compulsory lessons in the curricula of primary and secondary schools. Other religious education and instruction shall be subject to the individual’s own desire, and in the case of minors, to the request of their legal representatives.
No one shall be allowed to exploit or abuse religion or religious feelings, or things held sacred by religion, in any manner whatsoever, for the purpose of personal or political interest or influence, or for even partially basing the fundamental, social, economic, political, and legal order of the State on religious tenets.
VII. Freedom of thought and opinion
ARTICLE 25
Everyone has the freedom of thought and opinion.
No one shall be compelled to reveal his/her thoughts and opinions for any reason or purpose; nor shall anyone be blamed or accused because of his/her thoughts and opinions.
VIII. Freedom of expression and dissemination of thought
ARTICLE 26
Everyone has the right to express and disseminate his/her thoughts and opinions by speech, in writing or in pictures or through other media, individually or collectively. This freedom includes the liberty of receiving or imparting information or ideas without interference by official authorities. This provision shall not preclude subjecting transmission by radio, television, cinema, or similar means to a system of licensing.
The exercise of these freedoms may be restricted for the purposes of national security, public order, public safety, safeguarding the basic characteristics of the Republic and the indivisible integrity of the State with its territory and nation, preventing crime, punishing offenders, withholding information duly classified as a state secret, protecting the reputation or rights and private and family life of others, or protecting professional secrets as prescribed by law, or ensuring the proper functioning of the judiciary.
Regulatory provisions concerning the use of means to disseminate information and thoughts shall not be deemed as the restriction of freedom of expression and dissemination of thoughts as long as the transmission of information and thoughts is not prevented.
The formalities, conditions and procedures to be applied in exercising the freedom of expression and dissemination of thought shall be prescribed by law.
IX. Freedom of science and the arts
ARTICLE 27
Everyone has the right to study and teach, express, and disseminate science and the arts, and to carry out research in these fields freely.
The right to disseminate shall not be exercised for the purpose of changing the provisions of articles 1, 2 and 3 of the Constitution.
The provision of this article shall not preclude regulation by law of the entry and distribution of foreign publications in the country.
X. Provisions relating to the press and publication
A. Freedom of the press
ARTICLE 28
The press is free, and shall not be censored. The establishment of a printing house shall not be subject to prior permission or the deposit of a financial guarantee.
The State shall take the necessary measures to ensure freedom of the press and information.
In the limitation of freedom of the press, the provisions of articles 26 and 27 of the Constitution shall apply.
Anyone who writes any news or articles which threaten the internal or external security of the State or the indivisible integrity of the State with its territory and nation, which tend to incite offence, riot or insurrection, or which refer to classified state secrets or has them printed, and anyone who prints or transmits such news or articles to others for the purposes above, shall be held responsible under the law relevant to these offences. Distribution may be prevented as a precautionary measure by the decision of a judge, or in case delay is deemed prejudicial, by the competent authority explicitly designated by law. The authority preventing the distribution shall notify a competent judge of its decision within twenty-four hours at the latest. The order preventing distribution shall become null and void unless upheld by a competent judge within forty-eight hours at the latest.
No ban shall be placed on the reporting of events, except by the decision of judge issued within the limits specified by law, to ensure proper functioning of the judiciary.
Periodical and non-periodical publications may be seized by a decision of a judge in cases of ongoing investigation or prosecution of crimes specified by law; or by order of the competent authority explicitly designated by law, in situations where delay may constitute a prejudice with respect to the protection of the indivisible integrity of the State with its territory and nation, national security, public order or public morals and for the prevention of crime. The competent authority issuing the order to seize shall notify a competent judge of its decision within twenty-four hours at the latest; the order to seize shall become null and void unless upheld by a judge within forty-eight hours at the latest.
General provisions shall apply when seizing and confiscating periodicals and non-periodicals for reasons of criminal investigation and prosecution.
Periodicals published in Turkey may be temporarily suspended by court ruling if found to contain material which contravenes the indivisible integrity of the State with its territory and nation, the fundamental principles of the Republic, national security and public morals. Any publication which clearly bears the characteristics of being a continuation of a suspended periodical is prohibited; and shall be seized by decision of a judge.
B. Right to publish periodicals and non-periodicals
ARTICLE 29
Publication of periodicals or non-periodicals shall not be subject to prior authorization or the deposit of a financial guarantee.
Submission of the information and documents specified by law to the competent authority designated by law is sufficient to publish a periodical. If these information and documents are found to contravene the laws, the competent authority shall apply to the court for suspension of publication.
The principles regarding the publication, the conditions of publication and the financial resources of periodicals, and the profession of journalism shall be regulated by law. The law shall not impose any political, economic, financial, and technical conditions obstructing or making difficult the free dissemination of news, thoughts, or opinions.
Periodicals shall have equal access to the means and facilities of the State, other public corporate bodies, and their agencies.
C. Protection of printing facilities
ARTICLE 30
A printing house and its annexes, duly established as a press enterprise under law, and press equipment shall not be seized, confiscated, or barred from operation on the grounds of having been used in a crime.
D. Right to use media other than the press owned by public corporations
ARTICLE 31
Individuals and political parties have the right to use mass media and means of communication other than the press owned by public corporations. The conditions and procedures for such use shall be regulated by law.
The law shall not impose restrictions preventing the public from receiving information or accessing ideas and opinions through these media, or preventing public opinion from being freely formed, on the grounds other than national security, public order, or the protection of public morals and health.
E. Right of rectification and reply
ARTICLE 32
The right of rectification and reply shall be accorded only in cases where personal reputation and honour is injured or in case of publications of unfounded allegation and shall be regulated by law.
If a rectification or reply is not published, the judge decides, within seven days of appeal by the individual involved, whether or not this publication is required.
XI. Rights and freedoms of assembly
A. Freedom of association
ARTICLE 33
Everyone has the right to form associations, or become a member of an association, or withdraw from membership without prior permission.
No one shall be compelled to become or remain a member of an association.
Freedom of association may be restricted only by law on the grounds of national security, public order, prevention of commission of crime, public morals, public health and protecting the freedoms of other individuals.
The formalities, conditions, and procedures to be applied in the exercise of freedom of association shall be prescribed by law.
Associations may be dissolved or suspended from activity by the decision of a judge in cases prescribed by law. However, where it is required for, and a delay constitutes a prejudice to, national security, public order, prevention of commission or continuation of a crime, or an arrest, an authority may be vested with power by law to suspend the association from activity. The decision of this authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his/her decision within forty-eight hours; otherwise, this administrative decision shall be annulled automatically.
Provisions of the first paragraph shall not prevent imposition of restrictions on the rights of armed forces and security forces officials and civil servants to the extent that the duties of civil servants so require.
The provisions of this article shall also apply to foundations.
B. Right to hold meetings and demonstration marches
ARTICLE 34
Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission.
The right to hold meetings and demonstration marches shall be restricted only by law on the grounds of national security, public order, prevention of commission of crime, protection of public health and public morals or the rights and freedoms of others.
The formalities, conditions, and procedures to be applied in the exercise of the right to hold meetings and demonstration marches shall be prescribed by law.
XII. Right to property
ARTICLE 35
Everyone has the right to own and inherit property.
These rights may be limited by law only in view of public interest.
The exercise of the right to property shall not contravene public interest.
XIII. Provisions on the protection of rights
A. Freedom to claim rights
ARTICLE 36
Everyone has the right of litigation either as plaintiff or defendant and the right to a fair trial before the courts through legitimate means and procedures.
No court shall refuse to hear a case within its jurisdiction.
B. Principle of natural judge
ARTICLE 37
No one may be tried by any judicial authority other than the legally designated court.
Extraordinary tribunals with jurisdiction that would in effect remove a person from the jurisdiction of his legally designated court shall not be established.
C. Principles relating to offences and penalties
ARTICLE 38
No one shall be punished for any act which does not constitute a criminal offence under the law in force at the time committed; no one shall be given a heavier penalty for an offence other than the penalty applicable at the time when the offence was committed.
The provisions of the above paragraph shall also apply to the statute of limitations on offences and penalties and on the results of conviction.
Penalties, and security measures in lieu of penalties, shall be prescribed only by law.
No one shall be considered guilty until proven guilty in a court of law.
No one shall be compelled to make a statement that would incriminate himself/herself or his/her legal next of kin, or to present such incriminating evidence.
Findings obtained through illegal methods shall not be considered evidence.
Criminal responsibility shall be personal.
No one shall be deprived of his/her liberty merely on the ground of inability to fulfil a contractual obligation.
Neither death penalty nor general confiscation shall be imposed as punishment.
The administration shall not impose any sanction resulting in restriction of personal liberty. Exceptions to this provision may be introduced by law regarding the internal order of the armed forces.
No citizen shall be extradited to a foreign country because of an offence, except under obligations resulting from being a party to the International Criminal Court.
XIV. Right to prove an allegation
ARTICLE 39
In libel and defamation suits involving allegations against persons in the public service in connection with their functions or services, the defendant has the right to prove the allegations. A plea for presenting proof shall not be granted in any other case, unless finding out whether the allegation is true or not would serve the public interest, or unless the plaintiff consents.
XV. Protection of fundamental rights and freedoms
ARTICLE 40
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 proceedings, the legal remedies and authorities the persons concerned should apply and time limits of the applications.
Damages incurred to any person through unlawful treatment by public officials shall be compensated for by the State as per the law. The state reserves the right of recourse to the official responsible.
CHAPTER THREE. Social and Economic Rights and Duties
I. Protection of the family, and children’s rights
ARTICLE 41
Family is the foundation of the Turkish society and based on the equality between the spouses.
The State shall take the necessary measures and establish the necessary organization to protect peace and welfare of the family, especially mother and children, and to ensure the instruction of family planning and its practice.
Every child has the right to protection and care and the right to have and maintain a personal and direct relation with his/her mother and father unless it is contrary to his/her high interests.
The State shall take measures for the protection of the children against all kinds of abuse and violence.
II. Right and duty of education
ARTICLE 42
No one shall be deprived of the right of education.
The scope of the right to education shall be defined and regulated by law.
Education shall be conducted along the lines of the principles and reforms of Atatürk, based on contemporary scientific and educational principles, under the supervision and control of the State. Educational institutions contravening these principles shall not be established.
The freedom of education does not relieve the individual from loyalty to the Constitution.
Primary education is compulsory for all citizens of both sexes and is free of charge in state schools.
The principles governing the functioning of private primary and secondary schools shall be regulated by law in keeping with the standards set for the state schools.
The State shall provide scholarships and other means of assistance to enable students of merit lacking financial means to continue their education. The State shall take necessary measures to rehabilitate those in need of special education so as to render such people useful to society.
Training, education, research, and study are the only activities that shall be pursued at institutions of education. These activities shall not be obstructed in any way.
No language other than Turkish shall be taught as a mother tongue to Turkish citizens at any institution of education. Foreign languages to be taught in institutions of education and the rules to be followed by schools conducting education in a foreign language shall be determined by law. The provisions of international treaties are reserved.
III. Public interest
A. Utilization of the coasts
ARTICLE 43
The coasts are under the authority and disposal of the State.
In the utilization of sea coasts, lake shores or river banks, and of the coastal strip along the sea and lakes, public interest shall be taken into consideration with priority.
The width of coasts and coastal strips according to the purpose of utilization and the conditions of utilization by individuals shall be determined by law.
B. Land ownership
ARTICLE 44
The State shall take the necessary measures to maintain and develop efficient land cultivation, to prevent its loss through erosion, and to provide land to farmers with insufficient land of their own, or no land. For this purpose, the law may define the size of appropriate land units, according to different agricultural regions and types of farming. Provision of land to farmers with no or insufficient land shall not lead to a fall in production, or to the depletion of forests and other land and underground resources.
Lands distributed for this purpose shall neither be divided nor be transferred to others, except through inheritance, and shall be cultivated only by the farmers to whom the lands have been distributed, and their heirs. In the event of loss of these conditions, the principles relating to the recovery by the State of the land thus distributed shall be prescribed by law.
C. Protection of agriculture, animal husbandry, and persons engaged in these activities
ARTICLE 45
The State facilitates farmers and livestock breeders in acquiring machinery, equipment and other inputs in order to prevent improper use and destruction of agricultural land, meadows and pastures and to increase crop and livestock production in accordance with the principles of agricultural planning.
The State shall take necessary measures for the utilization of crop and livestock products, and to enable producers to be paid the real value of their products.
D. Expropriation
ARTICLE 46
The State and public corporations shall be entitled, where the public interest requires, to expropriate privately owned real estate wholly or in part and impose administrative servitude on it, in accordance with the principles and procedures prescribed by law, provided that the actual compensation is paid in advance.
The compensation for expropriation and the amount regarding its increase rendered by a final judgment shall be paid in cash and in advance. However, the procedure to be applied for compensation for expropriated land for the purposes of carrying out agriculture reform, major energy and irrigation projects, and housing and resettlement schemes, afforestation, and protecting the coasts, and tourism shall be regulated by law. In the cases where the law may allow payment in instalments, the payment period shall not exceed five years, whence payments shall be made in equal instalments.
Compensation for the land expropriated from the small farmer who cultivates his/her own land shall be paid in advance in all cases.
An interest equivalent to the highest interest paid on public claims shall apply in the instalments envisaged in the second paragraph and expropriation costs not paid for any reason.
E. Nationalization and privatization
ARTICLE 47
Private enterprises performing services of public nature may be nationalized in exigencies of public interest.
Nationalization shall be carried out on the basis of real value. The methods and procedures for calculating real value shall be prescribed by law.
Principles and rules concerning the privatization of enterprises and assets owned by the State, state economic enterprises, and other public corporate bodies shall be prescribed by law.
Those investments and services carried out by the State, state economic enterprises and other public corporate bodies, which could be performed by or delegated to persons or corporate bodies through private law contracts shall be determined by law.
IV. Freedom of work and contract
ARTICLE 48
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 security and stability.
V. Provisions relating to labour
A. Right and duty to work
ARTICLE 49
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.
B. Working conditions and right to rest and leisure
ARTICLE 50
No one shall be required to perform work unsuited to his/her age, sex, and capacity.
Minors, women, and physically and mentally disabled persons, shall enjoy special protection with regard to working conditions.
All workers have the right to rest and leisure.
Rights and conditions relating to paid weekends and holidays, together with paid annual leave, shall be regulated by law.
C. Right to organize unions
ARTICLE 51
Employees and employers have the right to form unions and higher organizations, without prior 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 be solely restricted by law on the grounds of national security, public order, prevention of commission of crime, public health, public morals and protecting 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.
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 services.
The regulations, administration and functioning of unions and their higher bodies shall not be inconsistent with the fundamental characteristics of the Republic and principles of democracy.
D. Activities of unions
ARTICLE 52
(Repealed on July 23, 1995; Act No. 4121)
VI. Collective labour agreement, right to strike, and lockout
A. Rights of collective labour agreement and collective agreement
ARTICLE 53
Workers and employers have the right to conclude collective labour agreements in order to regulate reciprocally their economic and social position and conditions of work.
The procedure to be followed in concluding collective labour agreements shall be regulated by law.
Public servants and other public employees have the right to conclude collective agreements.
The parties may apply to the Public Servants Arbitration Board if a disagreement arises during the process of collective agreement.
The decisions of the Public Servants Arbitration Board shall be final and have the force of a collective agreement.
The scope of and the exceptions to the right of collective agreement, the persons to benefit from and the form, procedure and entry into force of collective agreement and the extension of the provisions of collective agreement to those retired, as well as the organization and operating procedures and principles of the Public Servants Arbitration Board and other matters shall be laid down in law.
B. Right to strike, and lockout
ARTICLE 54
Workers have the right to strike during the collective bargaining process if a disagreement arises. The procedures and conditions governing the exercise of this right and the employer’s recourse to a lockout, the scope of, and the exceptions to them shall be regulated by law.
The right to strike and lockout shall not be exercised in a manner contrary to the rules of goodwill, to the detriment of society, and in a manner damaging national wealth.
The circumstances and workplaces 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 labour agreement.
The organization and functions of the Supreme Arbitration Board shall be regulated by law.
Those who refuse to go on strike shall in no way be barred from working at their workplace by strikers.
VII. Provision of fair wage
ARTICLE 55
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 also be taken into account.
VIII. Health, the environment and housing
A. Health services and protection of the environment
ARTICLE 56
Everyone has the right to live in a healthy and balanced environment.
It is the duty of the State and citizens to improve the natural environment, to protect the environmental health and to prevent environmental pollution.
The State shall regulate central planning and functioning of the health services to ensure that everyone leads a healthy life physically and mentally, and provide cooperation by saving and increasing productivity in human and material resources.
The State shall fulfil this task by utilizing and supervising the health and social assistance institutions, in both the public and private sectors.
In order to establish widespread health services, general health insurance may be introduced by law.
B. Right to housing
ARTICLE 57
The State shall take measures to meet the need for housing within the framework of a plan that takes into account the characteristics of cities and environmental conditions, and also support community housing projects.
IX. Youth and sports
A. Protection of the youth
ARTICLE 58
The State shall take measures to ensure the education and development of the youth into whose keeping our independence and our Republic are entrusted, in the light of positive science, in line with the principles and reforms of Atatürk, and in opposition to ideas aiming at the destruction of the indivisible integrity of the State with its territory and nation.
The State shall take necessary measures to protect youth from addiction to alcohol and drugs, crime, gambling, and similar vices, and ignorance.
B. Development of sports and arbitration
ARTICLE 59
The State shall take measures to develop the physical and mental health of Turkish citizens of all ages, and encourage the spread of sports among the masses.
The state shall protect successful athletes.
The decisions of sport federations relating to administration and discipline of sportive activities may be challenged only through compulsory arbitration. The decisions of Board of Arbitration are final and shall not be appealed to any judicial authority.
X. Social security rights
A. Right to social security
ARTICLE 60
Everyone has the right to social security.
The State shall take the necessary measures and establish the organisation for the provision of social security.
B. Persons requiring special protection in the field of social security
ARTICLE 61
The State shall protect the widows and orphans of martyrs of war and duty, together with invalid 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, and other rights and benefits of the aged 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.
C. Turkish citizens working abroad
ARTICLE 62
The State shall take the necessary measures to ensure family unity, the education of the children, the cultural needs, and the social security of Turkish citizens working abroad, and to safeguard their ties with the home country and to help them on their return home.
XI. Protection of historical, cultural and natural assets
ARTICLE 63
The State shall ensure the protection of the historical, cultural and natural assets and wealth, and shall take supportive and promotive measures towards that end.
Any limitations to be imposed on such privately owned assets and wealth and the compensation and exemptions to be accorded to the owners of such, because of these limitations, shall be regulated by law.
XII. Protection of arts and artists
ARTICLE 64
The State shall protect artistic activities and artists. The State shall take the necessary measures to protect, promote and support works of art and artists, and encourage the spread of appreciation for the arts.
XIII. The extent of social and economic duties of the State
ARTICLE 65
The State shall fulfil its duties as laid down in the Constitution in the social and economic fields within the capacity of its financial resources, taking into consideration the priorities appropriate with the aims of these duties.
CHAPTER FOUR. Political Rights and Duties
I. Turkish citizenship
ARTICLE 66
Everyone bound to the Turkish State through the bond of citizenship is a Turk.
The child of a Turkish father or a Turkish mother is a Turk.
Citizenship can be acquired under the conditions stipulated by law, and shall be forfeited only in cases determined by law.
No Turk shall be deprived of citizenship, unless he/she commits an act incompatible with loyalty to the motherland.
Recourse to the courts in appeal against the decisions and proceedings related to the deprivation of citizenship shall not be denied.
II. Right to vote, to be elected and to engage in political activity
ARTICLE 67
In conformity with the conditions set forth in the law, citizens have the right to vote, to be elected, to engage in political activities independently or in a political party, and to take part in a referendum.
Elections and referenda shall be held under the direction and supervision of the judiciary, in accordance with the principles of free, equal, secret, direct, universal suffrage, and public counting of the votes. However, the law determines applicable measures for Turkish citizens abroad to exercise their right to vote.
All Turkish citizens over eighteen years of age shall have the right to vote in elections and to take part in referenda.
The exercise of these rights shall be regulated by law.
Privates and corporals at arms, cadets, and convicts in penal execution institutions excluding those convicted of negligent offences shall not vote. The necessary measures to be taken to ensure the safety of voting and the counting of the votes in penal execution institutions and prisons shall be determined by the Supreme Board of Election; such voting is held under the on-site direction and supervision of authorized judge.
The electoral laws shall be drawn up so as to reconcile the principles of fair representation and stability of government.
Amendments to the electoral laws shall not apply to the elections to be held within one year from the entry into force date of the amendments.
III. Provisions relating to political parties
A. Forming parties, membership and withdrawal from membership in a party
ARTICLE 68
Citizens have the right to form political parties and duly join and withdraw from them. One must be over eighteen years of age to become a member of a party.
Political parties are indispensable elements of democratic political life.
Political parties shall be formed without prior permission, and shall pursue their activities in accordance with the provisions set forth in the Constitution and laws.
The statutes and programs, as well as the activities of political parties shall not be contrary to the independence of the State, its indivisible integrity with its territory and nation, human rights, the principles of equality and rule of law, sovereignty of the nation, the principles of the democratic and secular republic; they shall not aim to promote or establish class or group dictatorship or dictatorship of any kind, nor shall they incite citizens to crime.
Judges and prosecutors, members of higher judicial organs including those of the Court of Accounts, civil servants in public institutions and organizations, other public servants who are not considered to be labourers by virtue of the services they perform, members of the armed forces and students who are not yet in higher education, shall not become members of political parties.
The membership of the teaching staff at higher education to political parties is regulated by law. This law shall not allow those members to assume responsibilities outside the central organs of the political parties and it also sets forth the regulations which the teaching staff at higher education institutions shall observe as members of political parties in the higher education institutions.
The principles concerning the membership of students at higher education to political parties are regulated by law.
The State shall provide the political parties with adequate financial means in an equitable manner. The principles regarding aid to political parties, as well as collection of dues and donations are regulated by law.
B. Principles to be observed by political parties
ARTICLE 69
The activities, internal regulations and operation of political parties shall be in line with democratic principles. The application of these principles is regulated by law.
Political parties shall not engage in commercial activities.
The income and expenditure of political parties shall be consistent with their objectives. The application of this rule is regulated by law. The auditing of acquisitions, revenue and expenditure of political parties by the Constitutional Court in terms of conformity to law as well as the methods of audit and sanctions to be applied in case of inconformity to law shall be indicated in law. The Constitutional Court shall be assisted by the Court of Accounts in performing its task of auditing. The judgments rendered by the Constitutional Court because of the auditing shall be final.
The dissolution of political parties shall be decided finally by the Constitutional Court after the filing of a suit by the office of the Chief Public Prosecutor of the Court of Cassation.
The permanent dissolution of a political party shall be decided when it is established that the statute and program of the political party violate the provisions of the fourth paragraph of Article 68.
The decision to dissolve a political party permanently owing to activities violating the provisions of the fourth paragraph of Article 68 may be rendered only when the Constitutional Court determines that the party in question has become a centre for the execution of such activities. A political party shall be deemed to become the centre of such actions only when such actions are carried out intensively by the members of that party or the situation is shared implicitly or explicitly by the grand congress, general chairpersonship or the central decision-making or administrative organs of that party or by the group’s general meeting or group executive board at the Grand National Assembly of Turkey or when these activities are carried out in determination by the above- mentioned party organs directly.
Instead of dissolving it permanently in accordance with the above-mentioned paragraphs, the Constitutional Court may rule the concerned party to be deprived of state aid wholly or in part with respect to intensity of the actions brought before the court.
A party which has been dissolved permanently shall not be founded under another name.
The members, including the founders of a political party whose acts or statements have caused the party to be dissolved permanently shall not be founders, members, directors or supervisors in any other party for a period of five years from the date of publication of the Constitutional Court’s final decision with its justification for permanently dissolving the party in the Official Gazette.
Political parties that accept aid from foreign states, international institutions and persons and corporate bodies of non-Turkish nationality shall be dissolved permanently.
The foundation and activities of political parties, their supervision and dissolution, or their deprival of state aid wholly or in part as well as the election expenditures and procedures of the political parties and candidates, are regulated by law in accordance with the above-mentioned principles.
IV. Right to enter public service
A. Entry into public service
ARTICLE 70
Every Turk has the right to enter public service.
No criteria other than the qualifications for the office concerned shall be taken into consideration for recruitment into public service.
B. Declaration of assets
ARTICLE 71
Declaration of assets by persons entering public service and the frequency of such declarations shall be determined by law. Those serving in the legislative and executive organs shall not be exempted from this requirement.
V. National service
ARTICLE 72
National service is the right and duty of every Turk. The manner in which this service shall be performed, or considered as performed, either in the armed forces or in public service, shall be regulated by law.
VI. Duty to pay taxes
ARTICLE 73
Everyone is under obligation to pay taxes according to his financial resources, in order to meet public expenditure.
An equitable and balanced distribution of the tax burden is the social objective of fiscal policy.
Taxes, fees, duties, and other such financial obligations shall be imposed, amended, or revoked by law.
The President of the Republic may be empowered to amend the percentages of exemption, exceptions and reductions in taxes, fees, duties and other such financial obligations, within the minimum and maximum limits prescribed by law.
VII. Right of petition, right to information and appeal to the Ombudsperson
ARTICLE 74
Citizens and foreigners resident in Turkey, with the condition of observing the principle of reciprocity, have the right to apply in writing to the competent authorities and to the Grand National Assembly of Turkey with regard to the requests and complaints concerning themselves or the public.
The result of the application concerning himself/herself shall be made known to the petitioner in writing without delay.
Everyone has the right to obtain information and appeal to the Ombudsperson.
The Institution of the Ombudsperson established under the Grand National Assembly of Turkey examines complaints on the functioning of the administration.
The Chief Ombudsperson shall be elected by the Grand National Assembly of Turkey for a term of four years by secret ballot. In the first two ballots, a two-thirds majority of the total number of members, and in the third ballot an absolute majority of the total number of members shall be required. If an absolute majority cannot be obtained in the third ballot, a fourth ballot shall be held between the two candidates who have received the greatest number of votes in the third ballot; the candidate who receives the greatest number of votes in the fourth ballot shall be elected.
The way of exercising these rights referred to in this article, the establishment, duties, functioning of the Ombudsperson Institution and its proceedings after the examination and the procedures and principles regarding the qualifications, elections and personnel rights of the Chief Ombudsperson and ombudspersons shall be laid down in law.
