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The book "Non-discrimination in Turkey" focuses on issue areas within the broader non-discrimination framework in Turkey. It looks domestic change in Turkey regarding non-discrimination across time. The book unpacks the principle of non-discrimination and provides analysis in many issue areas like LGBTI rights, disability rights or age discrimination that rely under the framework of non-discrimination. Adopting a comprehensive approach including many areas within non-discrimination, the book will be useful for the students, scholars and researchers of international relations, political science, Middle East and Turkish studies and those interested in human rights. Gozde Ylmaz is Associate Professor in Atlm University, Turkey. S.

Intro -- Acknowledgements -- Contents -- Notes on Contributors -- Abbreviations -- 1 Introduction: Exploring Non-discrimination in Turkey -- References -- 2 Kurdish Language, Turkish Courts -- The Mechanics of Prohibiting Kurdish -- Developing Insidious and Indirect Methods -- De Minimis Accommodation of Kurdish -- Kurds and the Treaty of Lausanne -- Mother Tongue Defence in Kurdish -- The Legal Regime and Arbitrary Practices, 2005-2013 -- Post 2013: New Laws, Old Practices -- Conclusion -- References -- 3 Non-discrimination of Religious Minorities in Turkey: A Fairytale -- Historical Outlook -- Non-Muslim Foundations and Possession of Immovable Assets -- Alevis and the Compulsory Religious Education -- Conclusion -- References -- 4 Combating Gender-Based Discrimination Against Women in Turkey: Achievements and the Challenges Ahead -- Egalitarian Reforms and Women's Achievements in Turkey -- The Position of Women in Turkey: Between De Jure Equality and De Facto Discrimination -- Shifts from the Gender Equality and the Challenges Ahead for Women -- Conclusion -- References -- 5 LGBTI Rights in Turkey in the 2000s: Inertia Due to Political Resistance -- LGBTI Rights in the Turkish Legal Regime -- LGBTI Rights in Turkey? Discrimination Prevails -- Explaining Inertia in LGBTI Rights: Political Resistance Comes to the Forefront -- Conclusion -- References -- 6 The Invisibles: The Case of the Seasonal Agricultural Workers of Turkey from a Non-discrimination Perspective -- Why a Non-discrimination Perspective Is Essential for the SAWs -- The Recent Transformation of the Agricultural Sector -- The Unique Problems of the SAWs -- Health and Safety -- Exploitation and Poverty -- Migration and Ethnicization of the Agricultural Work -- Non-discrimination Efforts and the SAWs: The Case of METIP of Turkey.

Article 2 of the Ireland/Northern Ireland Protocol introduces a novel human rights approach into Northern Ireland's already unique constitutional settlement. Article 2 possesses two strands of rights. Its first set of rights links directly to the 1998 Belfast/Good Friday Agreement and includes a guarantee of non-diminution. The second set of rights listed in the Annex to the Protocol are subject to change and evolution. This chapter outlines the legal and political basis from which the Protocol's rights and equality provisions arose, it examines the drafting of Article 2 and considers its current status and operation as well as looking at its future impact and the broader implications for our understanding of scale, temporality and the interplays between substance and procedure in rights protection. The uniqueness of the Article 2 arrangements is likely to be subject to much scrutiny and litigation in the coming years.

This collection, which stems from the International Conference on Comparative Non-Discrimination Law held at Utrecht, The Netherlands, in June 1998, covers both the general aspects of equality and non-discrimination law (Part I), as well as the specific grounds for discrimination, adverse impact or indirect discrimination, and affirmative action (Part II). Part III discusses diverse aspects of the enforcement of non-discrimination law; Part IV contains conclusions and an agenda for change. This book is unique in that it both provides a comparative view of anti-discrimination law in theory and practice, and looks at a wide range of grounds for discrimination, such as gender, race, religion and health. Its comparative and international approach renders this publication not only of interest to civil rights lawyers, but to all those engaged in human rights and comparative law

Non-discrimination is considered to be a cornerstone of the human rights framework of the United Nations. Already in the UN Charter of 1945 it is stated that human rights should be promoted without discrimination as to, amongst other things, sex. This principle of non-discrimination on the ground of sex is restated in subsequent international human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR), adopted in 1966. This principle is further elaborated in the Convention on the Elimination of All Forms of Discrimination against Women (Women's Convention), which was adopted in 1979. It is within the context of the development of general human rights norms, on the one hand, and the elaboration of specific norms, on the other, that this study was undertaken. It assesses whether there is an added value in the establishment of a specific treaty with its own treaty body with respect to the elaboration and interpretation of the norms of non-discrimination and equality of women. This assessment is carried out by analysing the overlapping non-discrimination and equality provisions of the ICCPR and the Women's Convention, and the interpretations of these provisions by the Human Rights Committee and by CEDAW. This includes general provisions concerning non-discrimination and equality and thematic provisions, regarding family life and political participation. The overlapping provisions and the interpretation thereof are compared by using a framework for analysis that includes different concepts of discrimination and equality. The concept of direct discrimination and formal equality, whereby the first creates a negative duty and the second a positive duty, both provide for equal treatment. In contrast, the concept of substantive equality - including affirmative action - and indirect discrimination, which partly overlaps with the concept of substantive equality, may also provide for unequal treatment. Finally, the concept of systemic discrimination provides for society to change structures that can lead to discrimination. These different concepts are included in a three level framework for analysis, that provides for equal treatment, different treatment and/or transformation of certain structures in society. It is concluded that it is in fact the combination of both the provisions of the Women's Convention and the interpretation of these provisions by CEDAW that make that there is an added value in having a specific convention that addresses discrimination against women, compared to a general human right instrument, such as the ICCPR. The overlapping provisions of the Women's Convention, that are more specific, and the interpretation thereof by CEDAW encompass all three levels, including the distinguished concepts, of the framework for analysis. In contrast, the overlapping provisions of the ICCPR and the interpretation thereof by the Human Rights Committee focuses on equal treatment and les far-reaching measures to ensure substantive equality, by rarely recommending affirmative action measures. In addition, contrary to the Human Rights Committee, CEDAW takes the social reality of women into account when interpreting the respective provisions by addressing certain issues and/or in more detail issues that specifically affect women.