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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

and deficiencies are identified, and activities conducted are reported to the GNAT,
thereby contributing to the protection and development of the human rights of women
and children.

The Women web page of the Ombudsman Institution has been available since February
2018, with the aim of providing information to women (regarding administrations
to which women exposed to violence can apply, the promotion of protective and
preventive mechanisms, sample decisions, etc.) for the promotion of human rights of
women. Applications lodged to the Ombudsman Institution in the field of women’s
rights are examined without requiring that their rights and freedoms or interests have
been directly violated.

CASE SUMMARY

In an application lodged to the Ombudsman Institution, the applicant’s attorney briefly
stated that his client works at the District Health Directorate under the Ministry of
Health. Two of his three children have disabilities and that it is mandatory for these
children to receive special education. His client applied to obtain education and care,
but his application remained unanswered. The attorney stated that there is no uniform
practice for public officials regarding children with disabilities and children in need
of special education. He requested that first of all, a regulation be made on care and
education leave for these parents, and if this is not possible, taking into account the
concrete situation of the applicant, education leave for one day a week and care leave
for one hour on working days. Upon the application lodged to the Ombudsman
Institution, information and documents were requested from the administration. In
the reply letter received from the Ministry of Health, in accordance with Article 3 of
the Prime Ministry Circular (2010/2), it was stated that public employees who have a
severely disabled relative they are obliged to take care of are exempt from guard duty.
With this circular, it is provided to facilitate these employees in terms of daily care leave.
However, since there is no regulation in the legislation stipulating that full day leave
will be granted, it is not possible to meet the person’s request to use full day leave as
education leave.
Article 3 of the Prime Ministry Circular dated 30.01.2010 and numbered 2010/2 on
“Measures to be taken in line with Union Developments” stipulates: “Provided that it is
documented with a valid health board report for disability in accordance with the relevant
legislation that the disabled family member of the public employees who are legally obliged
to take care of is in need of care, the personnel in this situation will be provided with the
necessary convenience in the use of leave for the daily care of the disabled family member
and the personnel will be exempted from guard duty outside working hours and night shifts.”

2022 ANNUAL REPORT 113