Turkey is a country located on the shores of the Black Sea, Mediterranean Sea, Aegean Sea sharing a border with Georgia, Armenia, Azerbaijan, Iran, Iraq, Syria, Greece, and Bulgaria. Turkey is located in Asia, but is also partly in Europe. The population of this country is approx 8,56,64,000 with 7,83,562 square kilometers area. According to Article 66 of the Turkish Constitution, all citizens of Turkey are Turks. However, it is estimated that at least 47 ethnic communities exist in Turkey - of which approximately 70% are Turks, 19% are Kurds, and 11% are other ethnic communities. The official language is Turkish, but Kurdish, Zaza, Arabic, Circassian, Laz, Greek, Armenian, Albanian, Bosnian, Bulgarian, and other languages are used by the common people. There are more than 99% Muslims, and 88% are Sunni Muslims.
The Turkish Constitution is one of the best constitutions in the world. Everyone is equal in the eyes of the law, regardless of language, ethnic differences, race, gender, political opinion, religion, etc. However, special measures taken for children, the elderly, the disabled and the elderly shall not be considered a violation of the principle of equality. Everyone has the right to form an organization, to become a member, or to withdraw membership without prior permission. The state shall control the central planning and functioning of health care. The state shall provide adequate financial support to political parties.
These are positive aspects. Now let's discuss the negative aspects.
A presidential candidate in Turkey must be educated in higher education. What happens to someone who, for some reason, loses their parents at a young age, or has to engage in a full-time profession at a young age due to financial insolvency - that's probably why it wasn't possible for him or her to study, what will happen to them?
Admirable Articles of Turkey's Constitution
PART ONE. General Principles
X. Equality before the law
ARTICLE 10
Everyone is equal before the law without distinction as to language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such grounds.
Men and women have equal rights. The State has the obligation to ensure that this equality exists in practice. Measures taken for this purpose shall not be interpreted as contrary to the principle of equality.
Measures to be taken for children, the elderly, disabled people, widows and orphans of martyrs as well as for the invalid and veterans shall not be considered as violation of the principle of equality.
No privilege shall be granted to any individual, family, group or class.
State organs and administrative authorities are obliged to act in compliance with the principle of equality before the law in all their proceedings.
XI. Supremacy and binding force of the Constitution
ARTICLE 11
The provisions of the Constitution are fundamental legal rules binding upon legislative, executive and judicial organs, and administrative authorities and other institutions and individuals.
Laws shall not be contrary to the Constitution.
PART TWO. Fundamental Rights and Duties
CHAPTER ONE. General Provisions
III. Prohibition of abuse of fundamental rights and freedoms
ARTICLE 14
None of the rights and freedoms embodied in the Constitution shall be exercised in the form of activities aiming to violate the indivisible integrity of the State with its territory and nation, and to endanger the existence of the democratic and secular order of the Republic based on human rights.
No provision of this Constitution shall be interpreted in a manner that enables the State or individuals to destroy the fundamental rights and freedoms recognized by the Constitution or to stage an activity with the aim of restricting them more extensively than stated in the Constitution.
The sanctions to be applied against those who perpetrate activities contrary to these provisions shall be determined by law.
CHAPTER TWO. Rights and Duties of the Individual
I. Personal inviolability, corporeal and spiritual existence of the individual
ARTICLE 17
Everyone has the right to life and the right to protect and improve his/her corporeal and spiritual existence.
The corporeal integrity of the individual shall not be violated except under medical necessity and in cases prescribed by law; and shall not be subjected to scientific or medical experiments without his/her consent.
No one shall be subjected to torture or mal-treatment; no one shall be subjected to penalties or treatment incompatible with human dignity.
The acts of killing, when using a weapon is permitted by law as a compelling measure, during self-defence, the execution of warrants of capture and arrest, the prevention of the escape of lawfully arrested or convicted persons, the quelling of riot or insurrection, or carrying out the orders of authorized bodies during state of emergency, do not fall within the scope of the provision of the first paragraph.
II. Prohibition of forced labour
ARTICLE 18
No one shall be forced to work. Forced labour is prohibited.
Work required of an individual while serving a sentence or under detention provided that the form and conditions of such labour are prescribed by law; services required from citizens during a state of emergency; and physical or intellectual work necessitated by the needs of the country as a civic obligation shall not be considered as forced labour.
IV. Privacy and protection of private life
A. Privacy of private life
ARTICLE 20
Everyone has the right to demand respect for his/her private and family life. Privacy of private or family life shall not be violated.
Unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorized by law, in cases where delay is prejudicial, again on the above-mentioned grounds, neither the person, nor the private papers, nor belongings of an individual shall be searched nor shall they be seized. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall automatically be lifted.
Everyone has the right to request the protection of his/her personal data. This right includes being informed of, having access to and requesting the correction and deletion of his/her personal data, and to be informed whether these are used in consistency with envisaged objectives. Personal data can be processed only in cases envisaged by law or by the person’s explicit consent. The principles and procedures regarding the protection of personal data shall be laid down in law.
B. Inviolability of the domicile
ARTICLE 21
The domicile of an individual shall not be violated. Unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorized by law in cases where delay is prejudicial, again on these grounds, no domicile may be entered or searched or the property seized therein. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall be automatically lifted.
C. Freedom of communication
ARTICLE 22
Everyone has the freedom of communication. Privacy of communication is fundamental.
Unless there exists a decision duly given by a judge on one or several of the grounds of national security, public order, prevention of crime, protection of public health and public morals, or protection of the rights and freedoms of others, or unless there exists a written order of an agency authorized by law in cases where delay is prejudicial, again on the above-mentioned grounds, communication shall not be impeded nor its privacy be violated. The decision of the competent authority shall be submitted for the approval of the judge having jurisdiction within twenty-four hours. The judge shall announce his decision within forty-eight hours from the time of seizure; otherwise, seizure shall be automatically lifted.
Public institutions and agencies where exceptions may be applied are prescribed in law.
V. Freedom of residence and movement
ARTICLE 23 (Part of it)
Everyone has the freedom of residence and movement.
Freedom of residence may be restricted by law for the purpose of preventing crimes, promoting social and economic development, achieving sound and orderly urbanization, and protecting public property.
Freedom of movement may be restricted by law for the purpose of investigation and prosecution of an offence, and prevention of crimes.
VI. Freedom of religion and conscience
ARTICLE 24 (Part of it)
Everyone has the freedom of conscience, religious belief and conviction.
No one shall be compelled to worship, or to participate in religious rites and ceremonies, or to reveal religious beliefs and convictions, or be blamed or accused because of his religious beliefs and convictions.
Religious and moral education and instruction shall be conducted under state supervision and control. Instruction in religious culture and morals shall be one of the compulsory lessons in the curricula of primary and secondary schools. Other religious education and instruction shall be subject to the individual’s own desire, and in the case of minors, to the request of their legal representatives.
No one shall be allowed to exploit or abuse religion or religious feelings, or things held sacred by religion, in any manner whatsoever, for the purpose of personal or political interest or influence, or for even partially basing the fundamental, social, economic, political, and legal order of the State on religious tenets.
VII. Freedom of thought and opinion
ARTICLE 25
Everyone has the freedom of thought and opinion.
No one shall be compelled to reveal his/her thoughts and opinions for any reason or purpose; nor shall anyone be blamed or accused because of his/her thoughts and opinions.
VIII. Freedom of expression and dissemination of thought
ARTICLE 26
Everyone has the right to express and disseminate his/her thoughts and opinions by speech, in writing or in pictures or through other media, individually or collectively. This freedom includes the liberty of receiving or imparting information or ideas without interference by official authorities. This provision shall not preclude subjecting transmission by radio, television, cinema, or similar means to a system of licensing.
The exercise of these freedoms may be restricted for the purposes of national security, public order, public safety, safeguarding the basic characteristics of the Republic and the indivisible integrity of the State with its territory and nation, preventing crime, punishing offenders, withholding information duly classified as a state secret, protecting the reputation or rights and private and family life of others, or protecting professional secrets as prescribed by law, or ensuring the proper functioning of the judiciary.
Regulatory provisions concerning the use of means to disseminate information and thoughts shall not be deemed as the restriction of freedom of expression and dissemination of thoughts as long as the transmission of information and thoughts is not prevented.
The formalities, conditions and procedures to be applied in exercising the freedom of expression and dissemination of thought shall be prescribed by law.
IX. Freedom of science and the arts
ARTICLE 27 (Part of it)
Everyone has the right to study and teach, express, and disseminate science and the arts, and to carry out research in these fields freely.
XI. Rights and freedoms of assembly
A. Freedom of association
ARTICLE 33 (Part of it)
Everyone has the right to form associations, or become a member of an association, or withdraw from membership without prior permission.
No one shall be compelled to become or remain a member of an association.
Freedom of association may be restricted only by law on the grounds of national security, public order, prevention of commission of crime, public morals, public health and protecting the freedoms of other individuals.
The formalities, conditions, and procedures to be applied in the exercise of freedom of association shall be prescribed by law.
B. Right to hold meetings and demonstration marches
ARTICLE 34
Everyone has the right to hold unarmed and peaceful meetings and demonstration marches without prior permission.
The right to hold meetings and demonstration marches shall be restricted only by law on the grounds of national security, public order, prevention of commission of crime, protection of public health and public morals or the rights and freedoms of others.
The formalities, conditions, and procedures to be applied in the exercise of the right to hold meetings and demonstration marches shall be prescribed by law.
CHAPTER THREE. Social and Economic Rights and Duties
V. Provisions relating to labour
C. Right to organize unions
ARTICLE 51 (Part of it)
Employees and employers have the right to form unions and higher organizations, without prior permission, and they also possess the right to become a member of a union and to freely withdraw from membership, in order to safeguard and develop their economic and social rights and the interests of their members in their labour relations. No one shall be forced to become a member of a union or to withdraw from membership.
The right to form a union shall be solely restricted by law on the grounds of national security, public order, prevention of commission of crime, public health, public morals and protecting the rights and freedoms of others.
The formalities, conditions and procedures to be applied in exercising the right to form union shall be prescribed by law.
VIII. Health, the environment and housing
A. Health services and protection of the environment
ARTICLE 56
Everyone has the right to live in a healthy and balanced environment.
It is the duty of the State and citizens to improve the natural environment, to protect the environmental health and to prevent environmental pollution.
The State shall regulate central planning and functioning of the health services to ensure that everyone leads a healthy life physically and mentally, and provide cooperation by saving and increasing productivity in human and material resources.
The State shall fulfil this task by utilizing and supervising the health and social assistance institutions, in both the public and private sectors.
In order to establish widespread health services, general health insurance may be introduced by law.
CHAPTER FOUR. Political Rights and Duties
III. Provisions relating to political parties
A. Forming parties, membership and withdrawal from membership in a party
ARTICLE 68 (Part of it)
Citizens have the right to form political parties and duly join and withdraw from them. One must be over eighteen years of age to become a member of a party.
The State shall provide the political parties with adequate financial means in an equitable manner. The principles regarding aid to political parties, as well as collection of dues and donations are regulated by law.
B. Principles to be observed by political parties
ARTICLE 69 (Part of it)
The activities, internal regulations and operation of political parties shall be in line with democratic principles. The application of these principles is regulated by law.
Political parties shall not engage in commercial activities.
IV. Right to enter public service
B. Declaration of assets
ARTICLE 71
Declaration of assets by persons entering public service and the frequency of such declarations shall be determined by law. Those serving in the legislative and executive organs shall not be exempted from this requirement.
VI. Duty to pay taxes
ARTICLE 73
Everyone is under obligation to pay taxes according to his financial resources, in order to meet public expenditure.
An equitable and balanced distribution of the tax burden is the social objective of fiscal policy.
Taxes, fees, duties, and other such financial obligations shall be imposed, amended, or revoked by law.
The President of the Republic may be empowered to amend the percentages of exemption, exceptions and reductions in taxes, fees, duties and other such financial obligations, within the minimum and maximum limits prescribed by law.
PART FOUR. Financial and Economic Provisions
CHAPTER TWO. Economic Provisions
IV. Forests and the forest villagers
A. Protection and development of forests
ARTICLE 169 (Part of it)
The State shall enact the necessary legislation and take the measures required for the protection and extension of forests. Burnt forest areas shall be reforested; other agricultural and stockbreeding activities shall not be allowed in such areas. All forests shall be under the care and supervision of the State.
Facts of Turkey's Constitution
PART THREE. Fundamental Organs of the Republic
CHAPTER ONE. Legislative Power
I. The Grand National Assembly of Turkey
B. Eligibility to be a deputy
ARTICLE 76
Every Turk over the age of eighteen is eligible to be a deputy.
Persons who have not completed at least primary education, who have been deprived of legal capacity, who are in relation with the military service, who are banned from public service, who have been sentenced to a prison term totalling one year or more excluding involuntary offences, or to a heavy imprisonment; those who have been convicted for dishonourable offences such as embezzlement, corruption, bribery, theft, fraud, forgery, breach of trust, fraudulent bankruptcy; and persons convicted of smuggling, conspiracy in official bidding or purchasing, of offences related to the disclosure of state secrets, of involvement in acts of terrorism, or incitement and encouragement of such activities, shall not be elected as a deputy, even if they have been granted amnesty.
Judges and prosecutors, members of the higher judicial organs, lecturers at institutions of higher education, members of the Council of Higher Education, employees of public institutions and agencies who have the status of civil servants, other public employees not regarded as labourers on account of the duties they perform, and members of the armed forces shall not stand for election or be eligible to be a deputy unless they resign from office.
CHAPTER TWO. The Executive Power
I. President of the Republic
A. Nomination and election
ARTICLE 101 (Part of it)
The President of the Republic shall be elected directly by the public from among Turkish citizens who are eligible to be deputies, who are over forty years of age and who have completed higher education.
The President of the Republic’s term of office shall be five years. A person may be elected as President of the Republic for two terms at most.
