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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

demands and counselling service in this regard is offered. Furthermore, the applicants
are guided to relative institutions for psychological support and legal assistance etc.,
and the process of their proceedings are monitored; thus, amicable settlement may be
reached on the application file.

On the other hand, except for the cautionary decisions taken ex officio or upon a
request, by the judge, law enforcement officers and administrative chiefs within the
scope of the Law on 6284, the Ombudsman Institution refuses the administrative
request of women, being subject to or at risk of violence, without examination with
reference to the fact that the administrations are not involved in the court decisions.

In line with the international legislation and jurisprudence, if a victim of domestic
violence applies to the Ombudsman Institution or if the Ombudsman Institution
becomes aware of acts of violence, by conducting a risk assessment on the concrete
incident, the Ombudsman Institution examines the application to identify whether the
administration does its share in terms of taking measures within the limits of its powers,
and submits recommendations.

Case Summary

About the Requirement of being A Male Candidate in the Firefighter Recruitment
Announcement

The applicant briefly stated that she graduated from civil defense and fire service
department and there were thousands of female firefighters studying the same
programme, that Diyarbakır Metropolitan Municipality published an online
advertisement to recruit firefighters as civil servants; however, being a male was an
eligibility requirement and she was not able to apply for the position, neither were
many other women like her. The applicant expressed that she was subject to an unfair
treatment with this advertisement and requested that necessary action be taken on this
matter and her relief be granted immediately.

16
Decision of Referral was made on the application, which was understood to have
been filed without exhausting administrative remedies. In this decision briefly, the
administration was requested to inform and make explanations on, in alignment with
national and international legislative provisions, which prohibit discrimination against
woman in employment, whether the requirement of being male was sought for in
the staff recruitment to the “fire department” of the municipalities affiliated to the
Ministry of Interior pursuant to the relevant international conventions and national
legislative provisions; if not sought for, whether any female firefighting staff members
were employed or not in the operation departments; if not, what the legal and concrete
grounds were therefor and whether any female staff members would be employed in

16 Decision of Referral dated 05/03/2019 on the application no. 2019/4335

2019 ANNUAL REPORT 89