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UN Conventions – Turkey

The major UN conventions (listed below) each have provisions relevant to education, non-discrimination or access to justice, and they can all be signed up to by states, thereby obliging these to respect, protect and fulfil human rights. It matters whether states have ratified or acceded (almost the same) to a particular convention, signed it, or merely indicated their intention to do so, as they will accordingly be legally bound by that treaty to differing degrees. Furthermore, it is very important to note whether or not states have lodged any reservations or declarations, which might prevent the convention in question entering into full effect at the national level. Lastly, some conventions, either in their core text or in optional protocols, specify routes of individual complaints to the different committees of independent experts, and it must be noted whether these exist before contemplating legal action at this level.

 

The United Nations system, begun in 1945 with the UN Charter, depends on the participation by states, as signatories to treaties, as authors of reports on the progress and rate of implementation of rights, and as parties to face-to-face meetings and recommendations. The UN works both as a peer system (via the Universal Periodic Review), where states judge and place pressure on each other - or avoid doing so for political reasons – as well as a system of independent experts (via the committees of the various conventions), who examine, interpret and commend or criticise the efforts of countries to fulfil their obligations against the background of the normative texts and the internationally binding law.

The international legal system has the state at its centre: the state ratifies treaties and thereby obliges itself to respect, protect and fulfil certain human rights. The one which is of central importance to these pages is the right to education. And it is the state that must report on its own implementation and who can be “named and shamed” in public for not doing so. Treaties specify mechanisms for how the international community can hold the state to account, frequently through exerting pressure from above, and therefore such mechanisms can be very powerful. However they can also become overtly politicised at the UN or regional fora. It is the challenge of campaigners and the courts to place this power in the hands of those whose rights have been violated by the state.

- International Covenant on Economic Social and Cultural Rights – ICESCR

Ratified: 23 September 2003
Declarations and reservation:

The Republic of Turkey declares that; it will implement its obligations under the Covenant in accordance to the obligations under the Charter of the United Nations (especially Article 1 and 2 thereof).

The Republic of Turkey declares that it will implement the provisions of this Covenant only to the States with which it has diplomatic relations.

The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Repubic of Turkey are applied.

The Republic of Turkey reserves the right to interpret and apply the provisions of the paragraph (3) and (4) of the Article 13 of the Covenant on Economic, Social and Cultural Rights in accordance to the provisions under the Article 3, 14 and 42 of the Constitution of the Republic of Turkey.

 

- International Covenant on Civil and Political Rights – ICCPR

Ratified: 23 September 2003

Declarations and reservation:

 

The Republic of Turkey declares that; it will implement its obligations under the Covenant in accordance to the obligations under the Charter of the United Nations (especially Article 1 and 2 thereof).

 

The Republic of Turkey declares that it will implement the provisions of this Covenant only to the States with which it has diplomatic relations.

 

The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.

 

The Republic of Turkey reserves the right to interpret and apply the provisions of Article 27 of the International Covenant on Civil and Political Rights in accordance with the related provisions and rules of the Constitution of the Republic of Turkey and the Treaty of Lausanne of 24 July 1923 and its Appendixes.

 

- International Convention on the Elimination of all Forms of Racial Discrimination - CERD
Ratified: 16 September 2002

Declarations and reservation:

"The Republic of Turkey declares that it will implement the provisions of this Convention only to the States Parties with which it has diplomatic relations.

The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.

The Republic of Turkey does not consider itself bound by Article 22 of this Convention. The explicit consent of the Republic of Turkey is necessary in each individual case before any dispute to which the Republic of Turkey is party concerning the interpretation or application of this Convention may be referred to the International Court of Justice."

- Convention on the Elimination of All Forms of Discrimination Against Women - CEDAW
Acceded: 20 December 1985
Reservation to article 29.


- Convention on the Rights of the Child - CRC
Ratified: 4 April 1995.
Reservation: The Republic of Turkey reserves the right to interpret and apply the provisions of articles 17, 29 and 30 of the United Nations Convention on the Rights of the Child according to the letter and the spirit of the Constitution of the Republic of Turkey and those of the Treaty of Lausanne of 24 July 1923.

 

- International Convention on the protection of the Rights of all Migrant Workers and Their Families – CMV

Ratified: 27 September 2004

Declarations:

"A) The declaration regarding Article 15:

The restrictions by the related Turkish laws regarding acquisition of immovable property by the foreigners are preserved....

B) The reservation regarding Article 40:

The Turkish Law on Trade Unions allows only the Turkish citizens to form trade unions in Turkey."

C) The declaration regarding Article 45:

The stipulations of the paragraphs 2, 3 and 4 of the Article 45 will be implemented in accordance with the provisions of the Turkish Constitution and the related Laws.

D) The declaration regarding Article 46:

The implementation of the Article 46 will be made in accordance with the national laws.

E) The declaration regarding Articles 76 and 77:

Turkey will recognize the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families at a later time."

 

- International Convention on the Rights of Persons with Disabilities - CRPD

Signed: 30 March 2007