In a primary school in Afyonkarahisar, during the celebration of October 29 Republic Day, allegations that a classroom teacher removed a student with dyslexia (specific learning disability) from the group because s/he could not do the moves appeared in printed and visual media.
United Nations (UN) Convention on the Rights of the Child which was signed by Türkiye in 1990 is one of the most important steps at global level regarding the rights of children. According to the Article 3 of the Convention which is centered around four fundamental principals namely “Non-discrimination, the best interests of the child, the right to life and development and the right to participate,” “States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.”
Promotion and protection of children's rights and looking out for the principle of the best interests of the child in every action and operation regarding children is enshrined in the Constitution. According to the Article 41 of the Constitution with the title line “Protection of the family, and children’s rights,” “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.” While in Article 61 of the Constitution, children were listed among those who need special protection from the point of social security and it was provisioned that the State shall take all kinds of measures for social resettlement of children in need of protection. In the third paragraph of Article 10 of the Constitution with the title line “Equality before the law,” it was stated that measures to be taken for children shall not be considered as violation of the principle of equality.
One of the fundamental principles that UN Convention on the Rights of Persons with Disabilities built upon is non-discrimination. Within the scope of the Convention, “discrimination on the basis of disability” includes any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, and all forms of discrimination, including denial of reasonable accommodation.
Article 19 of CRPD regulates that all persons with disabilities have equal right to live in the community, with choices equal to others, and effective and appropriate measures shall be taken to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community. According to the General Comment no. 5 of Committee on the Rights of Persons with Disabilities titled “The Right to Live Independently and Be Included In the Community,” it is necessary for “all children with disabilities should enjoy a life in dignity in conditions which ensure self-reliance and facilitate active participation in the community.” Within the scope of the right to participate in the social life, access to social life and all services offered to the public includes supporting the services provided to ensure the full inclusion of persons with disabilities in social life. These services can be linked to all other facilities and services offered to the public, including housing, transportation, shopping, education, employment, recreational activities, and social media.
In Article 3 of the Law no. 6701 on the Human Right and Equality Institution of Türkiye, discrimination on the grounds of "sex, race, colour, language, religion, belief, sect, philosophical or political opinion, ethnical origin, wealth, birth, marital status, health status, disability and age" in the exercise of legally recognized rights and freedoms is prohibited and with Article 4 which regulates the types of discrimination, "segregation" is recognized as a type of discrimination.
Our Institution, main mission of which is to protect the right to equal treatment of persons on the basis of human dignity and prevention of discrimination in exercising the legally recognized rights and freedoms, closely follows the aforementioned allegations which appeared in the written and visual media within the scope of our work regarding realizing the importance given to children's rights in national and international legislation and protecting the best interests of the child.
Respectfully announced to the public.