The right to education in Turkish criminal law No. 5237 offence

The right to education and training, which is considered one of the most fundamental rights of people, is one of the fundamental rights that must be provided by the state. Certain obligations must be fulfilled in order to ensure the right to education and training under constitutional guarantee. Especially, it is important to provide equality of opportunity and access to educational opportunities. In addition, ensuring the freedom of education and training of individuals by the authorized institutions and organizations of the state is obligatory and an unavoidable right within the framework of the provisions of the Constitution. If the right to education and training is prevented, a penal sanction should be imposed in accordance with Article 112 of the Turkish Criminal Law. In this study, the conceptual framework, basic principles, historical development of the right to education and training enshrined in the 1982 Constitution and the criminal law of the offence defined in the Turkish Criminal Law were examined, and the difficulties in the implementation of this right were identified and evaluated. In addition, some of the Supreme Court decisions selected by us were examined and certain determinations and results were reached in terms of the theory and practice of the offence in question.