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Fundamental Rights in Constitution of the Republic of Turkey

In Turkey, Fundamental Rights is protected by the 1982 Constitution of the Republic of Turkey.

I. Nature of fundamental rights and freedoms
ARTICLE 12- Everyone possesses inherent fundamentalrights and freedoms, which are inviolable and inalienable. The fundamental rights and freedoms also comprise the duties and responsibilities of the individual to the society, his/her family, and other individuals.

II. Restriction of fundamental rights and freedoms
ARTICLE 13- (As amended on October 3, 2001; Act No. 4709)
Fundamental rights and freedoms may be restricted only by law and in conformity with the reasons mentioned in the relevant articles of the Constitution without infringing upon their essence. These restrictions shall not be contrary to the letter and spirit of the Constitution and the requirements of the democratic order of the society and the secular republic and the principle of proportionality.

III. Prohibition of abuse of fundamental rights and freedoms
ARTICLE 14- (As amended on October 3, 2001; Act No. 4709)

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.

IV. Suspension of the exercise of fundamental rights and freedoms
ARTICLE 15- In times of war, mobilization, martial law, or a state of emergency, the exercise of fundamental rights and freedoms may be partially or entirely suspended, or measures derogating the guarantees embodied in the Constitution may be taken to the extent required by the exigencies of the situation, as long as obligations under international law are not violated.
(As amended on May 7, 2004; Act No. 5170) Even under the circumstances indicated in the first paragraph, the individual’s right to life, the integrity of his/her corporeal and spiritual existence shall be inviolable except where death occurs through acts in conformity with law of war; no one shall be compelled to reveal his/her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties shall not be made retroactive; nor shall anyone be held guilty until so proven by a court ruling.

V. Status of aliens
ARTICLE 16 -The fundamental rights and freedoms in respect to aliens may be restricted by law compatible with international law.

 

For the full text of the Constituion you can visit: http://global.tbmm.gov.tr/docs/constitution_en.pdf