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Human Rights and Equality Institution of Türkiye is 8 Years Old
Human Rights and Equality Institution of Türkiye is 8 Years Old
20.04.2024
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Human rights norms, which were internationalized during the Cold War, were internalized in the post-war period, ushering in a new wave of democratization and creating new opportunities for the protection and promotion of human rights. The global expansion of national human rights institutions which are designed to protect and promote human rights is explained by the internalization of these norms. In the 1990s, human rights became an area protected by independent and autonomous new assurance mechanisms. Beginning in 1946 with the United Nations (UN) Commission on Human Rights’ encouragement to establish national committees, this process continued with the adoption of the Paris Principles in 1991, which set international standards for national institutions, and the endorsement of these principles by the UN General Assembly in 1993. In 1993, under the auspices of the UN High Commissioner for Human Rights, the International Coordinating Committee (ICC), known today as the Global Alliance of National Human Rights Institutions (GANHRI), was established to determine the compliance of national human rights institutions with international standards. In the same year, the Vienna Declaration adopted at the World Conference on Human Rights called for the establishment of national institutions in accordance with the Paris Principles, which led to an increased interest in national human rights institutions.

Türkiye has established a national human rights mechanism in line with this global wave of democratization. The process started with the establishment of the “Human Rights Presidency” as the main service unit within the Central Organization of the Prime Ministry by Law No. 4643 dated 12/4/2001 amending Law No. 3056 on the Organization of the Prime Ministry. The establishment of an independent national human rights institution that would ensure the qualities of “independence”, “administrative and financial autonomy” and “pluralism” set out in the Paris Principles was established with the foundation of the Human Rights Institution of Türkiye (HRIT) by Law No. 6332 dated 21/6/2012. With the establishment of the HRIT, the previous units under the Prime Ministry were terminated and the provisional articles of the Law in question stipulated that provincial and district human rights boards would function as the offices of the Institution until the offices of the Institution were established.

In addition to being the National Human Rights Institution, the HRIT was designated as the National Preventive Mechanism by the Decree of the Council of Ministers dated 9/12/2013 and numbered 2013/5711 to carry out work on the prevention of torture and other cruel, inhuman or degrading treatment or punishment in the context of the “Optional Protocol to the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment” (OPCAT). The assignment of the responsibility of the national prevention mechanism to the HRIT has led to the need to strengthen its institutional capacity. In addition, the establishment of an equality institution was put on the agenda in order to combat the prohibition of discrimination regulated in Article 10 of the Constitution and international human rights conventions which Türkiye is a party. Accordingly, the Human Rights and Equality Institution of Türkiye (HREIT) was established by Law No. 6701 dated 20/4/2016 in order to increase the institutional capacity and effectiveness of the HRIT, to regulate the basic legal framework and institutional structure on non-discrimination and equal treatment, and to increase the effectiveness and operability of the national prevention mechanism against torture and ill-treatment, and the HRIT was abolished.

Article 1 of the Law No. 6701 states the purpose of the establishment of HREIT as “work on the basis of human dignity, towards protection and promotion of human rights, guaranteeing individuals’ right to equal treatment, prevention of discrimination in the exercise of legally recognized rights and freedoms and which will carry out actions in line with these principles, effectively fight against torture and ill-treatment and act as National Preventive Mechanism.” Thus, HREIT was institutionalized as a national human rights institution, national prevention mechanism and equality institution. In addition to the three main duties determined by the Law, our Institution was designated as the National Rapporteur Institution in order to examine and report the activities carried out in the field of combating trafficking in human beings in accordance with the decision numbered 2020/1.2 taken at the meeting of the Coordination Commission on Combating Trafficking in Human Beings dated 10/12/2020, which was established in accordance with the Council of Europe Convention on Action against Trafficking in Human Beings, which was ratified by Law No. 6667 dated 30/1/2016 and Article 5 of the “Regulation on Combating Trafficking in Human Beings and Protection of Victims” published in the Official Gazette dated 17/03/2016 and numbered 29656 and entered into force. As the national human rights institution, HREIT carries out various activities to protect and promote human rights in Türkiye. In addition, the Institution is authorized to investigate allegations of human rights violations ex officio. Within the scope of its mandate as a national preventive mechanism, regular visits, with or without notice, are carried out to places where persons are deprived of their liberty or taken under protection and visit reports are prepared, as well as applications made by persons deprived of their liberty or taken under protection are examined and resolved. As an equality institution, HREIT conducts awareness-raising activities in the field of anti-discrimination and equality and examines individual applications of persons claiming to have been harmed due to violation of the prohibition of discrimination. As the National Rapporteur on Combating Trafficking in Human Beings, awareness-raising activities are carried out and Türkiye’s National Report on Combating Trafficking in Human Beings is prepared. In this context, the first report was prepared in 2023 and shared with the public.

HREIT, whose main mission is “to protect and promote human rights, to work to ensure the right of individuals to equal treatment and to effectively combat torture and ill-treatment”, will continue to work within the framework of this institutional mission.

Respectfully announced to the public.

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