TurkeyLaw on Persons with Disabilities (Law No. 5378), Article 4/A ban on discrimination on grounds of disability, with the Article 3 definitions and reasonable accommodation
In force since .
A disability discrimination rule binding public and private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Prohibition
What it requires
- The Law names no technical standard for a website or app: the duty is the ban on disability discrimination in Article 4/A, read with the definitions in Article 3.
- Do not discriminate on grounds of disability, whether directly or indirectly (Law No. 5378, Art. 4/A).
- Direct discrimination is any different treatment based on disability that prevents, limits or makes harder a disabled person's equal enjoyment of rights and freedoms compared with those in a comparable situation, and indirect discrimination is a seemingly neutral act, measure or practice that puts a disabled person at a disadvantage that cannot be objectively justified (Art. 3(a) and (b)).
- Article 4/A provides that the measures needed to make reasonable accommodations for disabled people are taken, without naming who takes them; a reasonable accommodation is the necessary and appropriate change or measure, not imposing a disproportionate or excessive burden, that a disabled person needs in a particular case (Art. 4/A and 3(j)).
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does a website or an app through which a service is offered fall within the services the Law covers, and what level of accessibility does the duty to make reasonable accommodations require when the Law names no technical standard?
What this law does
Article 4/A bans every kind of discrimination on the grounds of disability, direct and indirect discrimination included, and provides that the measures necessary for making reasonable accommodations for disabled people are taken to secure equality and remove discrimination.
Article 3 defines direct discrimination as any different treatment based on disability that prevents, limits or makes harder a disabled person's equal enjoyment of rights and freedoms compared with those in a comparable situation, and indirect discrimination as a seemingly neutral act, measure or practice that puts a disabled person at a disadvantage that cannot be objectively justified.
Article 3 also defines a reasonable accommodation as the necessary and appropriate changes and measures, not imposing a disproportionate or excessive burden, that a disabled person needs in a particular case. Article 4(b) makes the ban on discrimination on grounds of disability a general principle for the services the Law covers. The Law's table of amending laws gives as the day the provisions of Law No. 6518 that inserted Article 4/A entered into force.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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