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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

by transfer to another institution was subject to drawing, and the applicant requested
being appointed due to the disability of her daughter.

As a result of the examination and investigation conducted by the Institution, it was
found out that although the applicant did not have any disability, her child was a person
with %94 disability, which required her mother’s care, affection and attention, that
the school convenient for her daughter was close to the institution that the applicant
wanted to be appointed to, that the applicant had another child, who was also a
student. Taking into account that the child had a situation requiring regular treatments
and that the daughter could need immediate intervention during an emergency and
considering the best interests of the child in the face of her disability based on the
principle of legality, it was evaluated that the request of the applicant for appointment
to Kartal Dr. Lütfi Kırdar Training and Research Hospital, which she preferred in order
to be close to her residential place and school of the daughter with disability, should be
met by force of being a social state.

As per Article 74 of the Law on Public Servants No. 657, which includes provisions on
the inter-institutional transfer of the public servants and considering the provisions on
the persons with disabilities, it was concluded that the request must be accepted and
the Ministry of Health was recommended to re-evaluate its decision on the request for
inter-institutional transfer due to the disability of the applicant’s daughter within the
framework legality.
EQUALITY AND ABSENCE OF DISCRIMINATION

The principle of equality means that those who are going through the same legal
situation must be subject to the same provisions. The principle of equality requires that
the administration offer public services equally to those whose legal status is the same
and not make any distinction.

This principle means that the administration should

• Treat those in the same situation the same way,
• Take measures where necessary to ensure equality,

• Give equal treatment while providing public services and prohibit discrimination,

• Prevent the formation of privileged individuals and communities by applying
different practices to those in the same situation

Case Study
th
It is stated in the decision of the 8 Chamber of the Council of State dated 18.04.2016
and No. E.2014/4582, K. 2016/3856 that the case where the plaintiffs did not give

2019 ANNUAL REPORT 47