TurkeyLaw on the Human Rights and Equality Institution of Türkiye (Law No. 6701), ban on discrimination on grounds including disability in services offered to the public, reasonable accommodation and administrative fines
Also known as Türkiye İnsan Hakları ve Eşitlik Kurumu Kanunu (Law on the Human Rights and Equality Institution of Türkiye).
Türkiye İnsan Hakları ve Eşitlik Kurumu Kanunu (Kanun No. 6701), m. 2, 3, 4, 5, 17, 18 ve 25
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 discrimination in Article 3, tested by the forms of discrimination in Article 4 and the services listed in Article 5(1).
- If you offer education, health, transport, communication, social security, accommodation, culture, tourism or similar services, as a public body, a natural person or a private-law legal entity, do not discriminate on grounds that include disability against a person who uses, has applied for or asks for information about the service (Law No. 6701, Art. 3(2) and 5(1)).
- Do not discriminate directly or indirectly, and do not fail to make a reasonable accommodation, meaning the necessary and appropriate change or measure, proportionate and within financial means, that a disabled person needs in a particular case to enjoy rights and freedoms on an equal footing (Art. 2(1)(ı) and 4(1)).
- If you are responsible for planning, providing or supervising those services, take the needs of different disability groups into account and ensure that reasonable accommodations are made (Art. 5(2)).
- If a person applies to the Institution, give your written opinion within fifteen days of being notified of the request (Art. 18(2)).
- A violation of the ban can bring an administrative fine of 1,000 to 15,000 Turkish lira (Art. 25(1)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Range for a violation of the ban, in the amounts written in Article 25(1); the Board may convert the fine once into a warning (Article 25(4)).
- Rule
- Fixed only
- As of
- Minimum
- 1,000
- Currency
- TRY
- Fixed cap
- 15,000
Who enforces it
Enforcement body
Türkiye İnsan Hakları ve Eşitlik Kurumu (Human Rights and Equality Institution of Türkiye), which receives applications, and whose Board decides whether the ban was violated and applies the administrative fine (Articles 17, 18 and 25)
Settledness
- As of
- Open questions
- Does a website or an app through which a business or public body offers a listed service, or information about it, fall within the services Article 5(1) reaches, 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 3 bans discrimination on the grounds of sex, race, colour, language, religion, belief, sect, philosophical and political opinion, ethnic origin, wealth, birth, marital status, health condition, disability and age.
Article 4 lists the forms of discrimination the Law reaches, including direct and indirect discrimination and failure to make a reasonable accommodation, and Article 2 defines a reasonable accommodation as the necessary and appropriate changes and measures, proportionate and within financial means, that a disabled person needs in a particular case to enjoy rights and freedoms on an equal footing.
Article 5 provides that public bodies, natural persons and private-law legal entities that offer education, health, transport, communication, social security, accommodation, culture, tourism and similar services may not discriminate against a person who uses, has applied for or asks for information about those services, and it requires those responsible for planning and providing the services to take the needs of different disability groups into account and to ensure that reasonable accommodations are made.
Any natural or legal person who claims harm from a breach of the ban may apply to the Institution, whose President may invite the parties to conciliation, and its Board decides whether the ban was violated. Article 25 sets an administrative fine of 1,000 to 15,000 Turkish lira for a violation, which the Board may convert once into a warning. The Law was published in the Official Gazette of , No. 29690, and Article 29 brings it into force on publication.
When LexLint raises it
When your app profile says your app ships a consumer interface.
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