Docstoc

Turkey

Document Sample
Turkey Powered By Docstoc
					                                                Overview
                    Country                                                Turkey

                                      1/ Background Statistics
Human development index rank                        83 1
GNI per capita (PPP in US$)                         13,359 1
Life expectancy at birth (years)                    72.2 1

Mean years of schooling (years)                     6.5 1

Expected years of schooling (years)                 11.8 1

Total population                                    72,752,000 2
                                          2/ Disability Statistics
Population of persons with disabilities             8,431,508 3, a
Proportion of persons with disabilities to
                                                    12.29 per cent 3, b
total population
Employment rate of persons with disabilities        21.71 per cent 3
Access to education                                 36.37 per cent illiteracy rate 3
                                              3/ Definitions
Definition of disability                            ..
                                                    The Turkish Disability Act (2005) defines
                                                    "disabled" as a "person who has difficulties in
                                                    adapting to the social life and in meeting daily
                                                    needs due to the loss of physical, mental,
                                                    psychological, sensory and social capabilities at
                                                    various levels by birth or by any reason thereafter
                                                    and who therefore need protection, care,
                                                    rehabilitation, consultancy and support services."
                                                    (Turkey 2005, art. 3)

                                                    According to the Administration for Disabled
                                                    People, the "Regulation regarding formation of a
                                                    database for persons with disabilities and
Definition of persons with disabilities
                                                    provision of identity card for persons with
                                                    disabilities" stipulate that a person is considered
                                                    to have a disability "if he/she has an overall body
                                                    function loss of 40 per cent and more that is
                                                    defined by medical boards. For example, a person
                                                    with a disability can get a disability identity card in
                                                    case when certified by a loss of physical,
                                                    intellectual, spiritual, sensual and social skills by
                                                    forty percent (40 per cent) and more from the birth
                                                    or for any reason subsequently." (Turkey 2009)

                                                    Article 3 of the Labour Act (2003) stipulates that a
                                                    person with a disability can be employed under
                                             Overview
                   Country                                            Turkey
                                               the quota system both in public and private sector
                                               also require a certification of at least 40 per cent
                                               and more overall body function loss.

                                               For the 2002 Turkey Disability Survey, a person
                                               with disability was defined as a "person unable to
                                               ensure by himself or herself, wholly or partly, the
                                               necessities of a normal individual and/or social
                                               life, as a result of deficiency, either congenital or
                                               not, in his or her physical capabilities." (Turkey
                                               2002b)
                                                      The Regulation regarding the criterion and
                                               classification of disability, and the health
                                               committee reports to be issued to the persons with
                                               disabilities lay down procedures and principles
                                               related to obtaining, validity and evaluation of
                                               Health Committee reports for persons with
                                               disabilities, identifies hospitals issuing Health
                                               Committee reports and provide for classifications
Categories of impairment
                                               and definitions related to persons with disabilities
                                               (art. 1).

                                               Types of impairment are classified by the "Form of
                                               Health Committee Reports for Persons with
                                               Disabilities" (annex 3) based on the "Table of
                                               Percentages of Loss of Overall Body Functions
                                               and Table of Calculation According to Disability."
            4/ Commitment to Regional and International Instruments on Disability
Ratification of ILO Convention 159             Ratified Convention on 26 June 2000 4
Ratification or signatory of Convention on     Signed Convention on 30 March 2007;
the Rights of Persons with Disabilities        Signed Optional Protocol on 28 September 2009;
(CRPD), and its Optional Protocol              Ratified Convention on 28 September 2009 5
Ratification or signatory of Convention on
                                               No 6
Cluster Munitions
                                       5/ Legal Framework
                                               Constitution of the Republic of Turkey
Constitutional provisions                      (1982) (chap. X, art. 10, chap. V, part A, art. 50,
                                               art. 61 and art. 104)
Disability-specific laws
Comprehensive                                  Turkish Disability Act (2005); Act 571 (2002)
Sectoral                                       Cover: early detection, intervention and education
                                               Cover: training and employment; built environment
Disability-inclusive laws
                                               and public transportation
                                                 Overview
                      Country                                               Turkey

                                          6/ Policy Framework
Disability-specific policies
                                                     Access to Built Environment and Public
                                                     Transportation;
Comprehensive
                                                     2010 Accessibility Actions For All;
                                                     National Accessibility Strategy Action Plan
                                                     Action Plan for the Employment of Persons with
                                                     Disabilities 2005-2010
Sectoral
                                                     Cover: training and employment
Disability-inclusive                                 Ninth Five-Year Development Plan
                                       7/ Institutional Framework
The national coordination mechanism or
                                                     Prime Ministry Administration for Disabled People
disability focal point
Sources:

     1. United Nations Development Programme (2010). Human Development Report 2010 (New York,
        UNDP).
     2. United Nations (2011). World Population Prospects: The 2010 Revision, accessed from
        http://esa.un.org/unpd/wpp/index.htm on 2 June 2011.
     3. Turkey (2002a). ―Basic characteristics of disabled population‖, in 2002 Turkey Disability Survey
        (Administration for Disabled People), accessed
        from www.ozida.gov.tr/arastirma/tr_ozurluler_arastirmasi/blm1.pdf on 2 June 2011.
     4. International Labour Organization (2011). ―Convention No. C 159‖, accessed
        from www.ilo.org/ilolex/cgi-lex/ratifce.pl?C159 on 2 June 2011.
     5. United Nations (2011). ―Convention and Optional Protocol Signatures and Ratifications‖, on the
        United Nations Enable website, accessed from
        www.un.org/disabilities/countries.asp?navid=12&pid=166 on 2 June 2011.
     6. Convention on Cluster Munitions (CCM) (2008). ―Ratifications and Signatures‖, accessed from
        www.clusterconvention.org/ratifications-and-signatures on 2 June 2011.

Notes:

     a. Covers orthopedically, visual, hearing, speaking, mentally disabled population and population with
        chronic diseases.
     b. Based on the 2002 Turkey Disability Survey.



                                             Comprehensive

                                              1. Definitions

      a) Disability

..

      b) Persons with disabilities
     The Turkish Disability Act (2005) defines "disabled" as a "person who has difficulties in
adapting to the social life and in meeting daily needs due to the loss of physical, mental,
psychological, sensory and social capabilities at various levels by birth or by any reason thereafter
and who therefore need protection, care, rehabilitation, consultancy and support services." (Turkey
2005, art. 3)

      According to the Administration for Disabled People, the "Regulation regarding formation of a
database for persons with disabilities and provision of identity card for persons with disabilities"
stipulate that a person is considered to have a disability "if he/she has an overall body function loss
of 40 per cent and more that is defined by medical boards. For example, a person with a disability
can get a disability identity card in case when certified by a loss of physical, intellectual, spiritual,
sensual and social skills by forty percent (40 per cent) and more from the birth or for any reason
subsequently." (Turkey 2009)

     Article 3 of the Labour Act (2003) stipulates that a person with a disability can be employed
under the quota system both in public and private sector also require a certification of at least 40
per cent and more overall body function loss.

     For the 2002 Turkey Disability Survey, a person with disability was defined as a "person
unable to ensure by himself or herself, wholly or partly, the necessities of a normal individual
and/or social life, as a result of deficiency, either congenital or not, in his or her physical
capabilities." (Turkey 2002b)

    c) Categories of impairment

      According to the Administration for Disabled People (Turkey 2009), persons with disabilities
in Turkey are classified based on the following regulations:

           Regulation regarding the criterion and classification of disability, and the health
            committee reports to be issued to the persons with disabilities
            [English] – [Turkish]

     The Regulations lay down procedures and principles related to obtaining, validity and
evaluation of Health Committee reports for persons with disabilities, identifies hospitals issuing
Health Committee reports and provide for classifications and definitions related to persons with
disabilities (art. 1).

     Types of impairment are classified by the "Form of Health Committee Reports for Persons
with Disabilities" (annex 3) based on the "Table of Percentages of Loss of Overall Body Functions
and Table of Calculation According to Disability." (annex 4)


                                         2. Legal framework

    a) Constitutional provisions

           Constitution of the Republic of Turkey
            [English] – [Turkish]

     Article 50 under "Provisions Relating to Labour" states that ―no one shall be required to
perform work unsuited to his age, sex, and capacity.‖ Further, "minors, women and persons with
physical or mental disabilities, shall enjoy special protection with regard to working conditions."
(Turkey 1982, chap. V, part A, art. 50)
       Article 61 under "Persons Requiring Special Protection in the Field of Social Security"
provides that "the State shall protect the widows and orphans of those killed in war and in the line
of duty, together with the disabled and war veterans, and ensure that they enjoy a decent standard
of living." Under the same article, "the state shall take measures to protect the disabled and secure
their integration into community life." (Turkey 1982, art. 61)

    Duties and powers of the President of the Republic defined in the Constitution include the
power to "remit, on grounds of chronic illness, disability, or old age, all or part of the sentences
imposed on certain individuals." (Turkey 1982, art. 104)

    The Constitution of the Republic of Turkey was amended on 7th May 2010. One of the
amended articles is related to ―equality before law‖ (article 10). A statement is added to this article
which indicates that the measures taken for persons with disabilities, elderly, widows and orphans
of those killed in war and in the line of duty, together with the disabled and war veterans shall not
be considered as contrary to the principle of equality. Positive discrimination is promoted for
persons with disabilities besides other groups defined through this article by the new statement.
Specific measures necessary to accelerate or achieve equality of persons with disabilities shall not
be considered contrary to the principle of equality before the law.

     The article states that ―All individuals are equal without any discrimination before the law,
irrespective of language, race, colour, sex, political opinion, philosophical belief, religion and sect,
or any such considerations. Men and women shall have equal rights. The State has the duty to
ensure that this equality is put into practice. Measures taken for this purpose shall not be
considered as contrary to equality. Measures taken for persons with disabilities, elderly, widows
and orphans of those killed in war and in the line of duty, together with the disabled and war
veterans shall not be considered as contrary to the principle of equality. No privilege shall be
granted to any individual, family, group or class. State organs and administrative authorities shall
act in compliance with the principle of equality before the law in all their proceedings.‖

    b) Disability-specific laws and regulations

    i. Comprehensive disability-specific laws and regulations

           Turkish Disability Act, 2005
            [English] – [Turkish]

      The Turkish Disability Act aims "to prevent disability, to enable the disabled people to join the
society by taking measures which will provide the solution of their problems regarding health,
education, rehabilitation, employment, care and social security and the removal of the obstacles
they face and to make the necessary arrangements for the coordination of these services." (Turkey
2005, art. 1)

     The Act provides for 'types of care' for persons with disabilities including rehabilitation, early
diagnosis and preventive services, job profession analysis, vocational rehabilitation, employment,
education and training and educational evaluation.

     The Act also provides for education, health, construction of condominiums, employment of
persons with disabilities as civil servants, and provision of assistance in legal processes to
sensory-impaired persons, among others. It also recommends abolishment of stipulations in other
pieces of legislation that are not in line with the provisions set forth in the Act.

           Act 571
            [English] – [Turkish]
      Act 571 defines the roles of the Administration for Disabled People as the coordinating
mechanism among national and international institutions. The responsibility of the Administration
includes gathering of information and development of policies on disability (Turkey 2002c).

     The Act sets the principles of promoting equal participation of persons with disabilities;
provision of appropriate services and support in relation to education, employment, medical and
rehabilitation services; accessibility to information, services and the built environment; and social
security, among others.

    ii. Sectoral disability-specific laws and regulations

          Early Detection, Intervention and Education

          Act 573 on Special Education, 1997
           [English] – [Turkish]

      The Act of Special Education provides for the rights to education of persons with disabilities
and identifies the appropriate programmes, schools and institutions. The Act provides for early
intervention as well as education in preschool, elementary, secondary, and high school levels
along the principles of inclusion and mainstreaming of children with disabilities (Turkey 2002c, para.
10).

     In 2001, the Ministry of Education implemented the "Regulation on Ministry of Education,
Special Education Counseling" in accordance with the principles set forth in Act of 573 and the
"Regulation of Ministry of Education Special Education Services".

      The Regulation sets forth the principles and procedures on guidance and counseling services
for persons with disabilities in the educational system. It "describes the direct or indirect services
for individuals with special education needs and defines functioning of the private and public
special education institutions, which shall provide these services" and "the Regulation" describes
the direct or indirect services for individuals with special education needs and defines functioning
of the private and public special education institutions, which shall provide these services." (Turkey
2002c, para. 32 and 35)

    c) Disability-inclusive laws and regulations

          Training and Employment

          Labour Act, 2003
           [English] – [Turkish]

          Civil Servants Act
           [English] – [Turkish]

     The Labour Act (2003) and Civil Servants Law govern the employment of persons with
disabilities. Active participation is promoted by quota system both in private and public
organizations as follows (Turkey 2002c; 2006b):

              The Labour Act (2003) and Civil Servants Law govern the employment of persons
       with disabilities. Active participation is promoted by quota system both in private and public
       organizations as follows (Turkey 2002c; 2006b):
                       Private and Government funded agencies and organizations employing at
                  least 50 workers are obliged to employ disabled employees -according to their
                  working capacity;
                      3 per cent regarding Civil Servants Law;
                      4 per cent regarding Labour Law for public sector and 3 per cent for private
                  sector;
                      Grant system is based on contribution from employers with Treasury paying
                  total or 50 per cent of total amount of employer’s share of insurance premium
                  under certain conditions as an incentive;
                      Penalties are charged for non-compliance to the quota.

          Access to Built Environment and Public Transportation

          Act 3194 on urban development legislation
           [English] – [Turkish]

          Act 572
           [English] – [Turkish]

     Act 572 revises several laws for persons with disabilities, including Act 3194 on urban
development legislation, new building and construction rules implemented by the Ministry of Public
Works and Housing. The revisions refer to accessibility of public places for persons with disabilities
and older people applicable to newly constructed buildings. In accordance to the rules of Act 3194,
the Turkish Standard Institution (TSE) formulated new standards for access to buildings and open
spaces (Turkey 2002c, para. 11).

With the said amendments, the following arrangements are intended to create the appropriate
environment for the persons with disabilities:

      ―Residential housing units, public and commercial buildings shall be arranged in
       accordance with the needs of the disabled.
      Appropriate measures shall be taken in line with the TSE standards in open areas (roads,
       parking lots, parks, pedestrian areas, squares and pavements), transportation and
       communication points on these open areas, as well as on landscape components with a
       view to ensuring access to the disabled.
      It is compulsory to abide by the relevant TSE standards in the arrangements to be made
       with regard to the disabled.
      The municipalities are obliged to act in accordance with relevant legislation and standards.
       According to Article 38 of the Municipality Law No. 5393, municipalities are delegated the
       responsibility to use the allowance in the budget granted for the poor and the needy, to
       carry out services concerning the disabled and to establish centres for the disabled.‖
       (Turkey 2008, para. 434)

     In addition, three significant standards to ensure access for persons with disabilities have
been issued:

      ―TS 9111 Rules Regarding the Arrangement of Buildings in which the Disabled Shall
       Reside, dated April 1991,
      TS 12576 Design Rules Regarding the Structural Measures for the Disabled and the
       Elderly in Streets, Roads, Squares and Ways, dated April 1999,
      TS 12460 Design Rules Regarding in Facilities for the Disabled and the Elderly, dated April
       1998.‖(Turkey 2008, para. 435


          Other Disability Inclusive Laws
   Law on Payment of Pension to the Elderly People in Need (65 years old and over)
    No. 2022
    [English] – [Turkish]

   Law on Social Assistance and Solidarity Fund No. 3294
    [English] – [Turkish]

   Law on Insurance of Green cards for the Citizens incapable to pay for health care
    services No. 3816
    [English] – [Turkish]

   General Directorate for Social services and Child Protection Law No. 2828
    [English] – [Turkish]

   Social Insurance and General Health Insurance Law No. 5510
    [English] – [Turkish]

   Municipal Law No. 5393
    [English] – [Turkish]

   Metropolitan Municipality Law No. 5216
    [English] – [Turkish]

   Real Estate Tax Law No. 1319
    [English] – [Turkish]

   Universal Service Law No. 5369
    [English] – [Turkish]

   Income Tax Law No. 193
    [English] – [Turkish]

   Customs Law No. 4458
    [English] – [Turkish]

   Primary Education and Training Law No. 222
    [English] – [Turkish]

   Construction Law No. 3194
    [English] – [Turkish]

   Labour Law No. 4857
    [English] – [Turkish]

   Law on Fighting Hereditary Diseases No. 3960
    [English] – [Turkish]

   Highway Traffic Law No. 2918
    [English] – [Turkish]

   Property Ownership Law No. 634
    [English] – [Turkish]

   Value added Tax Law No. 3065
      [English] – [Turkish]

     Vocational Training Law No. 3308
      [English] – [Turkish]

     National Education Basic Law No. 1739
      [English] – [Turkish]

     Motor Vehicle Tax Law No. 197
      [English] – [Turkish]

     Notary Law No. 1512
      [English] – [Turkish]

     Population Services Law No. 5490
      [English] – [Turkish]

     Private Schools Law No. 5580
      [English] – [Turkish]

     Private Consumption Tax Law No. 4760
      [English] – [Turkish]

     Law on Privatization Practice No. 4046
      [English] – [Turkish]

     Law on Establishment and Publications of Radio and Televisions No. 3984
      [English] – [Turkish]

     Basic Health Services Law No. 3359
      [English] – [Turkish]

     Anti-Terror Law No. 3713
      [English] – [Turkish]

     Turkish Penal Code No. 5237
      [English] – [Turkish]

     Turkish Civil Code No. 4721
      [English] – [Turkish]


                                3. Policies and plans

a) Disability-specific policies and plans

i. Comprehensive disability-specific policies and plans

     2010 Accessibility Actions For All
      [English] – [Turkish]


     National Accessibility Strategy Action Plan
      [English] – [Turkish]
       The announcement of the year 2010 as ―Accessibility Actions for all‖ and the preliminary
work on the ―National Accessibility Strategy Action Plan‖ was initiated in collaboration with the
relevant public bodies/institutions by the official approval of the Prime Ministry on 17 November
2009. Final version of the plan was adopted by the High Planning Council on 25 October 2010.
The aims of the action plan are to:
    • ensure the implementation of the legislation on accessibility in coordination with the
       relevant public bodies, particularly local governments;
    • take immediate actions in order to make all services accessible for PWDs and thereby
       ensuring full and active participation in the society.

    ii. Sectoral disability-specific policies and plans

          Training and Employment

          Action Plan for the Employment of Persons with Disabilities 2005-2010
           [English] – [Turkish]

     The purpose of the Action Plan for the Employment of Persons with Disabilities 2005-2010 is
to manage disability issues in a systematic way and to promote active participation and inclusion of
persons with disabilities in the labour market (Turkey 2006b).

    b) Disability-inclusive policies and plans

          Ninth Five-Year Development Plan
           [English] – [Turkish]

     The Ninth Five-Year Development Plan involves main principles of national disability policy
such as employment, social security, social services and assistance, education and health (Turkey
2007).


                  4. Institutional framework and Government focal point

          Administration for Disabled People

      The Administration for Disabled People was established in 1997 under the Prime Ministry.
The Administration is national focal point and coordination mechanism on disability issues. The
Administration is also responsible for supporting preparation of national policies and service
delivery for persons with disabilities. The Administration has established the Executive Committee
on Disabled and the Council on Disabled.

      The Administration can be contacted at the following:
Prime Ministry, Administration for Disabled People
Turkie Cumhuriyeti
Basbakanlik Ozurluler Idaresi Baskanligi
Necatibey Cad. No:49 Kizilay
06410 Ankara, Turkey
Tel: +90 312 229 55 11
Fax:+90 312 229 55 85
Website: www.ozida.gov.tr/ENG/?menu=institutional&sayfa=contact


                                          5. Useful links
Fighting Against Disability Discrimination in Turkey
www.ozida.gov.tr/ayrimciliklamucadele/eng/default.html


                                          6. References

Turkey (1982). Constitution of the Republic of Turkey (as amended on 17 October 2001), accessed
from
www.anayasa.gov.tr/images/loaded/pdf_dosyalari/THE_CONSTITUTION_OF_THE_REPUBLIC_O
F_TURKEY.pdf on 2 June 2011.

_______ (2002a). ―Basic characteristics of disabled population‖, in 2002 Turkey Disability Survey
(Administration for Disabled People), accessed
from www.ozida.gov.tr/arastirma/tr_ozurluler_arastirmasi/blm1.pdf on 2 June 2011.

_______ (2002b). ―Explanation‖, in 2002 Turkey Disability Survey (Administration for Disabled
People), accessed from www.ozida.gov.tr/arastirma/tr_ozurluler_arastirmasi/aciklama.pdf on 2
June 2011.

_______ (2002c). ―Turkey Country Report‖, paper presented during the Review of National
Progress on the Implementation of the Asian and Pacific Decade of Disabled Persons, High Level
Inter-governmental Meeting to Conclude the Asian and Pacific Decade of Disabled Persons, 1993-
2002, 25-28 October 2002, Otsu City, Shiga, Japan, accessed from
www.ozida.gov.tr/raporlar/uluslararasi/bm/.../7turkiyeraporu.doc on 18 August 2009.

_______ (2003). Labour Act of Turkey, No. 4857, accessed
from www.ilo.org/dyn/natlex/docs/SERIAL/64083/63017/F1027431766/TUR64083.PDF on 2 June
2011.

_______ (2005). Law on Disabled People and on Making Amendments in Some Laws and Decree
Laws, No. 5378, 1 July, accessed from www.lexadin.nl/wlg/legis/nofr/eur/lxwetur.htm on 2 June
2011.

_______ (2006a). ―Regulation regarding the Criterion and Classification of Disability, and the
Health Committee Reports to be issued to Persons with Disabilities‖, accessed
from www.ozida.gov.tr/mevzuat/saglikolcutu.htm on 2 June 2011.

_______ (2006b). ―People with Disabilities, Social Policy and Employment‖, power point
presentation, accessed from
www.abgs.gov.tr/files/tarama/tarama_files/19/SC19DET_People%20with%20disabilities.pdf on 2
June 2011.

_______(2007). Ninth Development Plan 2007 – 2013, Prime Ministry, State Planning
Organization, accessed from http://ekutup.dpt.gov.tr/plan/ix/9developmentplan.pdf on 2 June 2011.

_______ (2008). ―Implementation of the International Covenant on Economic, Social and Cultural
Rights: Initial reports submitted by States parties under articles 16 and 17 of the Covenant—
Republic of Turkey‖ (Ministry of Foreign Affairs) (Advance unedited version), accessed
from http://www2.ohchr.org/english/bodies/cescr/docs/AdvanceVersions/E-C12-TUR-1.doc on 2
June 2011.

_______ (2009). Administration for Disabled People, electronic communication with ESCAP.
_______ (2010). Administration for Disabled People, electronic communication with ESCAP.

                                                                    Last updated: 2 June 2011.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:11
posted:8/27/2011
language:English
pages:12