Page 49 - On-merged

THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

additional time and a separate question booklet to dyslectic students constitutes
a violation of the principle of equality, the social state principle, which obliges
all measures to be taken for the educational rights of the disabled, and the equal
opportunity principle.

When the arrangements included in the mentioned Manual and the practices of
the administrations were examined in this regard, it was understood that detailed
arrangements were made in the Manual in order to prevent the difficulties that
students with disabilities, who take the transition to higher education examination, may
experience in their access to the exam by treating them as a disadvantaged group. It was
comprehended that when disabled individuals submitted information or a document
that proved their situation within the principles of the prohibition of discrimination
and equal opportunity, with which the administration must be in compliance, various
foreseen measures in accordance with the type and level of disability were implemented
and that dyslexic students took the exam in a room individually and an exam method
that was exclusive for them, in which they were provided with the help of a reader and
marker, was implemented.

Therefore, as it is understood that the duty imposed on the administrations by the
legislation to prevent discrimination in disabled people’s access to education and to
take the necessary positive measures has been fulfilled by the defendant administrations;
accordingly, the individual proceeding, which is the matter in dispute, and the Manual
are not considered unlawful.
PROPORTIONALITY

The principle of proportionality means that the methods and tools chosen by the
administration to achieve a legally-protected purpose are necessary, proportionate and
convenient. The principle of proportionality requires that the fair balance between the
interest of private persons and general public interest is maintained in the procedures
conducted by the administration.

This principle is based on:

• Convenience, which is a sub-element of the principle of proportionality and
means that the method used to restrict the fundamental rights and freedoms is
“convenient” for realising the purpose;
• “Necessity”, which is another sub-element of the principle of proportionality and
means that among the several methods to achieve a purpose, the administration
should choose the one that restricts the rights and freedoms of individuals the
least and choose the lightest measure that would negatively affect their interest;

• “Proportionality”, which means to ensure that a fair balance is maintained
between the intervention and the intended purpose/ benefit,

48 2019 ANNUAL REPORT