Our Board Member Dilek Ertürk, who recently went to the notary to issue a power of attorney for the purchase and sale of real estate in Fethiye, Muğla, repeatedly objected to request of two witnesses from her due to her visual disability and stated that this practice constitutes discrimination; however, she was warned that if she persisted in her objection, a medical report would be requested from her. Upon this quarrel, due to the sale being urgent, our Board Member unwillingly agreed to two people she didn't know being brought as witnesses.

On the occasion of this saddening event, we see it beneficial to highlight the following issues regarding the prohibition of discrimination against people with disabilities. Prohibition of discrimination and principle of equality is at the center of every human rights conventions. In addition to other international conventions, non-discrimination is one of the general principles that United Nations Convention on the Rights of Persons with Disabilities (CRPD) is based on. Within the scope of the Convention, “discrimination on the basis of disability” means 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. It includes 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 General Comment No.6 on equality and non-discrimination, denial of reasonable accommodation constitutes discrimination if the necessary and appropriate modification and adjustments are denied and are needed to ensure the equal enjoyment or exercise of a human right or fundamental freedom.

In Article 3 of the Law no 6701, 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, denial of reasonable accommodation is acknowledged as a type of discrimination. Within the scope of the second paragraph of Article 5 of the aforementioned Law, it is stated that “[....] persons and institutions who are responsible for the planning, provision and inspection of the services cited in the first paragraph shall have to take into account the needs of groups with different disabilities and make reasonable accommodations.” According to the sub-paragraph (g) of the first paragraph of Article 9 of the aforementioned Law, “inquiring into, examining, taking a final decision on and monitoring the violations of non-discrimination principle – ex officio or upon an application” is counted among the mandates of the Institution.

Within this framework, Human Rights and Equality Institution of Türkiye had decided that there was a case of discrimination in a case similar to the treatment our Board Member was subjected to. The aforementioned application relates to the allegation that the applicant's obligation to have two witnesses due to visual impairment for the power of attorney to be issued at the notary constitutes direct discrimination on the basis of disability. In the Board decision regarding this application, our Institution emphasized that it was clearly regulated in the law that the presence of witnesses in the proceedings of persons with visual impairment should only be required if the person with visual impairment makes a request. Moreover, it has been pointed out that the presence of a witness in the arrangement proceedings made by persons with visual impairment becoming a mandatory practice results in a different treatment to persons with visual impairment who are literate and can sign, and this different treatment is not based on reasonable or legitimate grounds. As a result, because the obligation to have two witnesses imposes an excessive and unusual burden on the person with visual impairment who is treated differently, it has been concluded that there has been a violation of the the principle of equality and the prohibition of discrimination (TİHEK, B. No: 2022/392, K. No: 2022/487, para. 39).

As our Board Member Dilek Ertürk has stated, when addressing rights of persons with disabilities, the most important issue is to understand that persons with disabilities are not "objects of compassion" but that they are subjects of rights who make decisions regarding their own lives. Considering persons with visual impairment as persons who do not have the ability to read things other than Braille is a stereotype. It can be understood that relevant organizations and institutions do not undertake the search for a real solution to the problems due to the lack of awareness on the situation of persons with visual impairment. We should not approach persons with visual impairment with the mindset that they are in need of constant protections; prejudices and stereotypes against persons with disabilities should be abolished (TİHEK, B. No: 2022/392, K. No: 2022/487, para. 33).

We, as Human Rights and Equality Institution of Türkiye, 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, condemn the treatment that our Board Member Dilek Ertürk was subjected to in the aforementioned event and declare that we will follow this issue.

Respectfully announced to the public.