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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

As a result of the examination conducted by the Ombudsman Institution, the procedures
applied by the administration based on the discretionary power of the administration
in terms of the leaves of public employees with legally dependent disabled relatives
that may contradict the principle of equality in the Constitution. That may result in
the uniformity not being ensured in terms of the execution of public services between
administrations, and the practices that may be contrary to equality arising as a result of
the use of discretionary power may also damage the principles of legal certainty and legal
stability on the basis of the principle of legal security, which is one of the requirements
of the principle of the rule of law. Rejection of the applicant's request by the Ministry
of Health is contrary to the law and equity in this respect. Based on 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”, persons with disabilities are on equal terms
with other individuals in terms of the leaves applied to public employees with legally
dependent relatives with disabilities. It was assessed that necessary measures should
be taken, and legislative arrangements should be made in order to ensure the full and
equal enjoyment of rights and freedoms, to ensure their full and effective participation
in social life and to protect the best interests of the child and a recommendation was
issued to the Ministry of Health. 21

In 2022;

Ø The Ombudsman Institution contributed to the Current Legislative Arrangement
for the Prevention of Violence against Women with the Workshop Report
“Increasing the Efficiency of Mechanisms for the Prevention of Domestic
Violence against Women and Children”.

I
Ø n 2018, cases of domestic violence against women and children were frequently
on the public agenda. These cases, which disturb public conscience, are violations
of human rights. A special report was prepared by the Ombudsman Institution in
order to identify the problems in the functioning of the existing mechanisms for
the prevention of domestic violence against women and children and to propose
concrete solutions. Within the scope of the studies on the aforementioned
special report, a workshop on “Increasing the Efficiency of Mechanisms for the
Prevention of Domestic Violence against Women and Children” was held on
19 February 2018, with the participation of officials from public institutions,
representatives of civil society organizations, and academics working in the field.

Ø On 18 January 2022, Inaugural Conference of the European Union and Council
of Europe Joint Project on “Improving the Effectiveness of Family Courts: Better
Protection of the Rights of Family Members” was attended.

21 Recommendation dated 07.10.2022 on application numbered 2022/6647

114 2022 ANNUAL REPORT