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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE
of discrimination. Thus, the acts, actions, attitudes and behaviors of the state through
all its institutions and organizations have become an essential part and even the
subject of human rights.
In this way, the responsibilities of the state together with all its institutions and
organizations have also gradually increased, and relations of production and marketing,
which previously operated only according to the rules of the market economy, have
now become sensitive issues that require supervision in accordance with the objectives
of human rights and protection of the natural environment. In this manner, not only
economic growth, but also the protection of the environment in terms of the factors
that cause climate change, the provision of a sustainable growth framed by the right to
be a registered employee in accordance with social security and the right to a humane
income has gained importance.
“Healthy environment and access to clean water”, “access to essential food”, “right to
housing”, “right to marry”, “consumer rights”, “right to social security”, “right to the
protection of personal data” and providing goods and services in these fields, which
can be listed as “water”, “electricity”, “natural gas”, “telecommunication”, “insurance”
for illustrative purposes only, which are still carried out by local government units or
private legal entities today, are no longer a phenomenon that can only be explained
with special market rules, and still carried out by local government units or private legal
entities. Because of being a party to the contract, the states have obligations to license,
issue permits, supervise the market and prevent unfair competition.
As a result of the understanding that the state exists for people or in other words,
the principle of “Let people live so that the state may live”, Ombudsman Institutions
take on a conciliatory task in minimizing the conflicts between individuals and
public administrations. By conducting not only legal supervision but also fairness
supervision, they examine and investigate the complaints of people who are negatively
affected by the acts, actions and attitudes of the administration, and afterwards,
according to the results of this examination and research, take concrete steps to prevent
violations of rights.
Ombudsman Institution is a Constitutional institution, which one can lodge an
application free of charge, before going to the court, and which issues a decision within
six months at the latest. The name of the applicant is kept confidential upon request in
general applications, and that allows the problem of the applicant to be resolved with an
amicable settlement in many cases and even without having to issue a Recommendation.
Due to the special regulation in its law, the Ombudsman Institution can supervise the
attitudes and behaviors of the administration, as well as administrative acts and actions,
unlike the administrative judicial review. Thus, the Ombudsman Institution, on the
one hand provides better and more effective supervision of the administration, and on
the other hand, contributes to the protection of human rights and, therefore, to the
realization of the rule of law, by contributing to the citizens for seeking legal remedies.
With this understanding, in my second year as an Ombudsman, applications related
to four basic different areas that I am responsible for, human rights in particular, civil
registration, citizenship, rights of refugees and asylum-seekers, services provided
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