The ban of discrimination to the 1982 Constitution

The purpose of this study is to examine the process of the revealingof the concept non-discrimination from its birth to the point stated in the 1982Constitution and to be able to comment on the effects of the law of nondiscriminationin terms of preparation and practising. In this sense ,theconsept of the ban of non-discrimination and the etymology of the ban ofnon-discrimination have been studied. With the concept of the ban of nondiscrimination,originally developed under the principle of equality at firstsight, the development process of the principle of equality in Europe andAmerica after it has been deserved as the universal value will be stated.The consept of equality, with the ideas of European thinkers began to bewidely discussed. By the way, each thinker has contributed some to theconsept of equality. All these various comments have enabled the principleof equality to state in the documents both nationally and internationally inEuropa and America.In the second part, the ban of non-discrimination has taken a differentidentitiy by getting out of the frame the principle of equlity. And, the EuropanHuman Rights Convention and its decisions have taken place. EuropanHuman Rights Convention has taken the ban of non-discrimination underprotection with its a special article and supported it with other varios articles.Besides, the Europan Court of Human Rights was established for the sake ofthe practising of the rights and fredooms stated. In this part, the sampledecisions related to the ban of non-discrimination by the Europen Court ofHuman Rights have also been stated. The Europan Court of Human Rightshas some provisions in deciding whether the ban of non-discrimination isviolated or not. Furthermore, how the Europen Court of Human Rights decideon a file and which criteria it has proceeded are stated with the help ofsample court cases.In the third part, the principle of development in the ban of nondiscriminationhas been given with respect to the Turkish legal system. Inaddition to this, discrimination types and applications, historical events, andthe edicts and the ban of non-discrimination with its place in the constitutionof the republic period have been handled. There are strict differencesbetween Turkish legal system pursuing the period of republic and theOttoman Empire adopted the law based on the rules of the Islam religion.The discriminatory practices and equality of Muslims and non-Muslimscitizens took place in the Ottaman Empire, a multinational state. Thisdiscrimination applied among citizens started to be prevented by the edictsand the law in time. We have seen the differences about the equalitybetween man and woman in ottaman empire with respect tothe the equalitypractised in Turkish legal system. In this study, we have studied to exemlifythe the discriminatory practices and its rehabilitation practises.With the laws legislated in period of the Ottoman Empire, costitutionsof the Republic period, as well as particularly some costitutions taken fromsome european countries as examples have provided to state the consept ofequality, so they have become efficient to develop the ban of nondiscriminationin Turkish legal system. The equality principle taking place inthe constitutions of the republic period has become sample for theconstitution of 1982 and the equality principle has tas taken place with someextra articles in this constitution.In the last part, the title of our thesis, the ban of non- discrimination interms of the Constitution of 1982 has taken place. The principle of equalityadopted in article 10 of our constitution refers to the concept of the ban ofnon-discrimination with respect to Europan Human Rights Convention.In article 10 of our constitution adopted the principle of equality,Europan Human Rights Convention on the prohibition of discrimination refersto the consept of. The Republic of Turkey, where the principle ofconstitutional guarantees and the Europan Human Convention is so adapted.The Europan Court ofHuman Rights concerning Turkey was given a landclaims for breach of the discrimination on the move decided a few samples116were examined. Lastly, the Supreme Court considered these issues whendeciding on issues that are stil open in case the decisions. The Republic ofTurkey which guarantees the principle of constitutional is in accordance withthe Europan Human Convention. In this part the discriminatory practicesadopted by the aricle 10 in the constitution and laws relatedto the title havebeen stated. Besides, some sample decisions handeled by the EuropenCourt of Human Rights have been examined. Lastly, some criterion theEuropen Court of Human Rights has dealt with have been stated withsamples.