Türkiye – IMM situation

IMM name: Human Rights and Equality Institution of Türkiye

IMM type: National Human Rights Institution

CRPD ratification date: 30 March 2007

IMM legal framework: Law No.6701 on Human Rights and Equality Institution of Türkiye prohibits discrimination on the grounds of disability. Furthermore, failure to make reasonable arrangements was, in parallel with the CRPD accepted as a ground of discrimination.

Türkiye ratified the CRPD on 30 March 2007. In compliance with the requirements in relation to the qualities that the human rights institute shall acquire, which were identified in accordance with the Paris Principles, primarily Turkish Human Rights Institute was established on 21 June 2012, under the frame of statute number 6332. On 9 December 2013, with the decree numbered 2013/5711 of the Council of Ministers, the National Human Rights Institute of Türkiye was entrusted with the mandate envisaging to act as the National Prevention Mechanism as was identified in the additional protocol. In the later period, Türkiye 's Human Rights Institute with the change of law Human Rights and Equality Institution of Türkiye name taking, Law No.6701 on Human Rights and Equality Institution of Türkiye was published in the Official Gazette No. 29690 on 20 April 2016 and entered into force.

The Independent Monitoring Mechanism is a National Human Rights Institution and is not part of a Monitoring Framework consisting of another or other entities. Human Rights and Equality Institution of Türkiye has a broad mandate covering human rights, equality, and detention monitoring and has considerable powers to fulfill its mandate. Law No.6701 stipulates that the Institution shall have the duty. The institution has duties to work on the protection and promotion of human rights and preventing discrimination and eliminating violations; to investigate human rights violations on its own motion/ex officio; to analyze, decide and follow up on the results; to investigate violations of the prohibition of discrimination on its own motion/ex officio or upon application, to analyze, decide and follow up on the results; to combat torture and ill-treatment and to work on this issue; regular visits with or without notice to the places where persons deprived of their liberty or taken under protection. The duties of the Institution comprehend all human rights and equality issues. The Institution carries out its studies on the protection and promotion of human rights, equality, and national prevention mechanisms thereby/by the means of determining its field of activity task priorities.

The IMM has a quasi-jurisdictional competence and is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training, and capacity building
• Monitoring the implementation of the CRPD

The IMM undertakes/has undertaken the following activities:

• Evaluating policy, legislative, and administrative compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the state
• Initiating or undertaking research studies on the rights of persons with disabilities
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes
• Focusing on monitoring the rights of women and girls with disabilities and reporting
• Undertaking investigations on the rights of persons with disabilities. Since its establishment, the Mechanism has undertaken several investigations, particularly into the procedures of complaint handling
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• Liaising with the focal-point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. The Board consists of 11 members appointed by The President of the Republic of Turkey for a term of four years, one being the President and the other being the second president. The Board members work full-time. The Board, which is the Institution's decision-making body, also has a visually disabled female member as a Senior Executive. Furthermore, women with disabilities and their representative organizations participate in the membership and managerial functions of the independent monitoring mechanism or framework. In terms of the process of selecting and appointing members to the IMM, the Board consists of eleven members appointed by The President of Türkiye for a term of 4 years, one being the President and the other being the second president.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Participating in joint initiatives between the National Preventive Mechanism or the Independent Monitoring Mechanism to monitor places of detention, including prisons, police stations and mental health institutions

Persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. Persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism. Furthermore, persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org