1. Human Rights: National Objectives and Developments

Since the early 2000s, comprehensive reforms have been implemented in Türkiye to strengthen democracy and the rule of law, as well as to ensure full respect for fundamental rights and freedoms, with the aim of protecting and promoting human rights.

Through numerous legislative and constitutional amendments since 2001, our national legislation has been enhanced with the purpose of strengthening the democratic rights and fundamental freedoms of our citizens, by taking into account the provisions of the European Convention on Human Rights (ECHR) and the case law of the European Court of Human Rights (ECtHR), the conventions of the Council of Europe (CoE), the main United Nations (UN) human rights conventions to which Türkiye is a party, as well as the norms of the Organization for Security and Co-operation in Europe (OSCE) and the European Union (EU) acquis communautaire.

According to the amendment of Article 90 of the Constitution, the provisions of international human rights conventions shall prevail in case of a conflict with national legislation regarding the same matter.

The right to individual application to the Constitutional Court, introduced on 23 September 2012, was established to better protect individual rights and freedoms and to ensure more effective implementation of the ECHR provisions.

The Human Rights and Equality Institution of Türkiye (TİHEK) and the Ombudsman Institution have been contributing to the enhancement of democracy, human rights and the rule of law since 2012. TİHEK was accredited with B status by the Accreditation Sub-Committee of the Global Alliance of National Human Rights Institutions (GANHRI) on 10 October 2022.

Reform efforts have mainly focused on enhancing the effectiveness and efficiency of the judicial system, as well as on progress in the field of fundamental rights and freedoms.

The “Judicial Reform Strategy” document for 2019-2023 was developed upon extensive consultations, including with the CoE and the EU, taking into account the norms and criteria of the CoE, UN, OSCE, and EU.

Furthermore, the Ministry of Justice published the “Human Rights Action Plan” for the period 2021-2023, which was developed in consultation with local stakeholders, as well as the CoE and the EU.

In recent years, several judicial reform packages have been adopted to implement the objectives outlined in both documents. Significant progress has been achieved toward these goals, and efforts in this regard are ongoing.

Work is underway under the coordination of the Ministry of Justice, to renew both documents.

Türkiye’s third review was conducted in January 2020 in Geneva under the Universal Periodic Review (UPR), a mechanism within the UN Human Rights Council on which the human rights situation in all UN member states are reviewed every five years.

2. Cooperation with International Human Rights Mechanisms

Türkiye’s constructive cooperation with the Council of Europe (CoE), the United Nations (UN), and the Organization for Security and Co-operation in Europe (OSCE) in the field of human rights continues without interruption and with determination.

A) Council of Europe (CoE)

Having gained a new momentum at the end of the 1990s and reached advanced levels in the early 2000s, the ongoing reform process in Türkiye has resulted in the intensification of our relations with the CoE. Significant progress, including major constitutional and legislative reforms in our country, the abolition of the death penalty, the fight against torture, prison reform, freedom of thought and expression, freedom of association and assembly, religious freedom, the functioning of the judiciary, civil-military relations, economic, social, and cultural rights, as well as the fight against corruption, has strengthened Türkiye’s standing as a strong and efficient member within the CoE. Türkiye assumed the Chairmanship of the Committee of Ministers of the CoE from November 2010 to May 2011. Former Foreign Minister, H.E. Mevlüt Çavuşoğlu was elected as the President of the Parliamentary Assembly (PACE) from 2010 to 2012, making him the first Turkish parliamentarian to hold this position in history. During its Chairmanship of the Committee of Ministers and the Parliamentary Assembly, Türkiye made significant contributions to enhancing the role, visibility and relevance of the CoE.

Türkiye is currently party to 120 of the 226 CoE conventions and has signed 31. Among the 46 CoE member states, Türkiye ranks fifteenth in terms of the number of conventions and protocols it is a party to, ahead of many EU member countries.

Apart from the European Court of Human Rights (ECtHR), Türkiye closely cooperates with other human rights monitoring and protection mechanisms of the CoE, including in the areas of combating racism and discrimination, preventing torture and ill-treatment, combating corruption, money laundering and countering terrorism. In this regard, Türkiye maintains close cooperation with the European Committee for the Prevention of Torture (CPT), European Committee Against Racism and Intolerance (ECRI) as well as the CoE Commissioner for Human Rights, while taking into consideration the recommendations and the reports published by these mechanisms.

Furthermore, in collaboration with the CoE, projects are being undertaken to inform, raise awareness, and train public officials, NGOs, students, individuals, and the public at large on relevant issues.

Relations between Türkiye and the European Court of Human Rights (ECtHR)

An important aspect of our country’s cooperation with the Council of Europe (CoE) is related to the European Court of Human Rights (ECtHR). Türkiye recognized the right to individual petition under the European Convention on Human Rights (ECHR) in 1987, which came into force in 1953, and accepted the compulsory jurisdiction of the ECtHR in 1990.

Article 90 of our Constitution guarantees that duly ratified international agreements have the force of law, that no claim of unconstitutionality can be made against them, and that in the event of a conflict between national laws and international agreements related to fundamental rights and freedoms, the provisions of the international agreements shall prevail.

The Turkish legal system, which continuously evolves and interacts with international human rights standards, incorporates the ECHR and the case law of the ECtHR as sources of law.

B) UN Human Rights Mechanisms

Adopted in 1948, the “Universal Declaration of Human Rights,” regarded as the “Constitution of Human Rights,” recognizes the fundamental rights and freedoms inherent to every individual. It proclaims that all human beings are equal before the law and shall not be subjected to torture, ill-treatment or degrading punishment. To this day, the Declaration continues to guide international efforts to protect and promote human rights. December 10, the date of its adoption in 1948, is celebrated annually as “Human Rights Day.”

In December 2023, at the high-level event in Geneva commemorating the 75 ^th anniversary of the adoption of the aforementioned Declaration, Türkiye announced several commitments to strengthen human rights in the coming years, as part of an initiative led by the Office of the UN High Commissioner for Human Rights.

By adopting an encompassing approach to human rights and prioritizing respect for human dignity in its foreign policy, Türkiye attaches particular importance to the UN’s human rights acquis and its cooperation with the UN in this field. Turkish representatives actively participate in the Human Rights Council (HRC) sessions, held three times a year in Geneva, to discuss human rights issues.

Türkiye is a party to 16 of the major UN human rights conventions. Compliance by states parties with these conventions is monitored by relevant committees (treaty-based bodies).

In addition, non-treaty mechanisms, known as the special procedures of the UN Human Rights Council, monitor states' adherence to international human rights norms and provide recommendations (special rapporteurs, special representatives, working groups). Since 2001, Türkiye has been among the countries that have issued a standing invitation to these mechanisms, allowing Special Rapporteurs and Representatives to visit within this framework.

Furthermore, in line with efforts to transform Istanbul into a UN hub and to promote women's rights, the UN Women Regional Office for Europe and Central Asia has been operating in Istanbul since 2014.

C) The Human Dimension of the Organization for Security and Co-operation in Europe (OSCE)

The Organization for Security and Co-operation in Europe (OSCE), although primarily a regional security forum, also supports the efforts of its participating states to promote democracy, the rule of law, and respect for human rights.

Along with Permanent Council and Ministerial Council meetings, the Human Dimension Implementation Meeting (HDIM) in Warsaw, as well as three Supplementary Human Dimension Meetings at the discretion of the OSCE Chairmanship are organized every year within the OSCE.

The OSCE has three institutions specialized in the promotion of human rights: The Office for Democratic Institutions and Human Rights (ODIHR), High Commissioner on National Minorities (HCNM) and the Representative on Freedom of the Media (RFoM).

As part of the OSCE’s human dimension activities, Türkiye emphasizes its commitment to combating xenophobia, Islamophobia, intolerance, and discrimination, and underscores the need for cooperation on these issues within the OSCE.

Accordingly, Türkiye supports the special representatives appointed by successive OSCE chairmanships since 2004 to address religious discrimination (Special Representative on Combating Intolerance and Discrimination against Muslims, Special Representative on Combating Racism, Xenophobia, and Discrimination against Christians and Members of Other Religions, and Special Representative on Combating Anti-Semitism).

The mandate of the Personal Representative of the OSCE Chairperson-in-Office on Combating Intolerance and Discrimination against Muslims, which inter alia is responsible for monitoring closely the intolerance and discrimination matters against Muslims in the OSCE region, coordinating the efforts initiated in those areas, collaborating with the OSCE participating states as well as the OSCE Chairmanship, OSCE institutions, related international organizations and NGOs, and prepare reports on its visits to OSCE countries is carried out by Ambassador Evren Dağdelen Akgün since 25 January 2024.