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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE
least 185 days in 365 days backward prior to the date he wanted to enter so as to meet
the settlement condition. In addition, it was understood as per Article 17 titled “time
extension” of General Customs Communiqué about the temporary importation of land
vehicles (Serial Number: 1), in order to interpret the illness condition as a force majeure
for time extension, the rightful owner of the vehicle should be the subject person in
the case; in other words, the rightful owner’s own health condition should prevent the
vehicle from going abroad.
In this concrete case, it was ascertained that the applicant requested the illness of his
mother and father be deemed a force majeure; however, in order to consider the illness
as a force majeure the ill person must be the rightful owner of the vehicle and the
person must fall ill within the period of time when the vehicle must stay in the country;
therefore, it was concluded that the refusal of the request for the time extension for the
vehicle with a foreign license plate was neither lawful nor unfair. Accordingly, Decision
of Refusal was made on the application 13
.
DISABILITY RIGHTS AND SOCIAL SERVICES
Applications in the field of disability rights and social services have been mostly
about nursing home fees and disability pensions, irregular cut off on the pensions,
applications on subsistence allowance, which are not provided although the criteria
for neediness and other conditions in the legislation are met, claims relevant to public
services conducted by social assistance and solidarity foundations across the country.
Furthermore, the subjects of the applications in this field have also been the following:
objections to the percentages in the medical board reports, problems suffered during
the access to public services, problems of diabetic patients, failure to benefit from the
right to education, right to travel free of charge, right to have a companion, access to
the services provided under home care services, problems suffered by the persons with
disabilities in need of protection, care and help, problems of martyr’s relatives and
veterans, discrimination against the persons with disabilities, problems relating to the
social assistance provided by the public institutions and municipalities and behaviours
and attitudes of the officials towards the persons with disabilities.
Within the scope of Disability Rights, the following activities were carried out:
• With the support of the Ministry of National Education, a 120-hour Turkish
Sign Language education was provided for 12 staff members of the Ombudsman
Institution in 2018.
• A workshop on “A New Mechanism for the Resolution of the Disputes between
the Persons with Disabilities and the Administration: The Ombudsman
Institution” was organised with the representatives of associations and federations
of persons with disabilities.
13 Decision of Refusal dated 21/10/2019 on the application no. 2019/10807
84 2019 ANNUAL REPORT