A/HRC/15/60
535.
Improvements brought about by the recent constitutional reform included:
(a)
The inclusion of positive discrimination as a constitutional right for persons
who require social protection, such as women, children, the elderly and the disabled;
(b)
Constitutional guarantees for the protection of personal data;
(c)
Constitutional guarantees for the right of children to enjoy adequate
protection and care and to establish and maintain a personal and direct relationship with
their parents, safeguarding the principle of the best interest of the child;
(d)
A broadening of the scope and extent of freedom of organization, especially
union rights;
(e)
The definition of the right of petition as a constitutional right;
(f)
The overcoming of the problem of unconstitutionality preventing the
establishment of an office of the ombudsman;
(g)
The fact that the dissolution of political parties would not result in the
automatic banning of parliamentarian members of the dissolved party;
(h)
Judicial review of the decisions of the Supreme Military Council;
(i)
Judicial review of all disciplinary decisions against civil servants and other
public officials, without exception;
(j)
Introduction of the right to individual application to the Constitutional Court
regarding fundamental rights and freedoms;
(k)
Improvement of the Constitutional Court and the Supreme Council of Judges
and Public Prosecutors, to ensure a more effective functioning of the judiciary, and the
strengthening of its independence;
(l)
A constitutional guarantee to prevent civilians from being tried by military
courts.
536. The Anti-Terror Law was amended in July 2010 to ensure that all child suspects,
without distinction of age, would be tried under the same regime in the relevant juvenile
courts.
537. At the adoption of its Working Group report on 12 May 2010, Turkey accepted 95
of the 152 recommendations made during the review. At the Council session, Turkey
announced that 25 of the 39 pending recommendations had been accepted, partly accepted
or already implemented. A detailed assessment of these recommendations was provided in
the addendum to the report of the Working Group.
2.
Views expressed by Member and observer States of the Council on the review
outcome
538. Yemen noted that Turkey had an important role to play in the political and social life
in the region and internationally, and was a model to be followed in the field of democracy
and respect for human rights. Yemen referred to Turkey’s recent referendum and
acceptance of 85 per cent of recommendations submitted to it as testimony to the serious
attitude shown by the Government and people of Turkey to democracy.
539. Algeria congratulated Turkey on the recent constitutional amendments adopted by
referendum, which would strengthen democracy. It welcomed the Government’s
commitment to human rights, illustrated by the tangible progress in the economic, social
and cultural rights of large segments of the population. With regard to the Mavi Marmara
humanitarian flotilla for Gaza, Algeria noted that it represented a clear gesture of solidarity
GE.11-17043
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