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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE 2018 ANNUAL REPORT

Paying a salary for the insured who continued to work abroad

The applicant stated that his request to receive pension was rejected by the administration as
he continued to work abroad, and that his request was to receive pension taking into account
his service period in Türkiye and besides, there was no legal obstacle for that.

After conducting examinations, our Institution found that there wasn’t any provision in the
legislation which prevented the insured to receive pension even though the insured continued
to work abroad. Therefore, it was decided that the act of the administration was against the law
and a Recommendation was submitted to the Social Security Institution to provide pension
for the applicant.

Request of a disabled insurance holder to be put on old age pension

The applicant stated in his application that even though he was entitled to receive old age
pension due to his disability, he wasn’t allowed to as there was a legal gap and the law was
misinterpreted. Therefore, the applicant requested his grievance to be resolved and to receive
pension.

To resolve this conflict, our Institution contacted the Social Security Institution and conducted
necessary examinations and analyzed the relevant law and found that the applicant meets
the requirements specified in the Article 28 as well as the provisional Article 4 of the Social
Security Law No. 5510 in terms of insurance period and number of premium days. However,
as there was a legal gap considering the applicant’s disability, our Institution decided to issue a
Recommendation for the Social Security Institution to start necessary works on amending the
relevant legislation to remove the gap.

d) Children’s Rights

The Ombudsman Institution aims at raising awareness among children and youth about the
rights of the child as well as promoting the child rights, encouraging children’s access to the
Ombudsman.

The Ombudsman Institution makes recommendations on taking preventive, protective and
supportive measures for children and on promoting the rights of children in line with the
findings following the examination of the applications of the children. Furthermore, the
Institution renders decisions with regard to the rights of child.

The major findings and proposals of the Ombudsman Institution are as follows:

◊ to protect and promote the rights of the child by providing qualified services to all
children,

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