Overview Country Turkey 1/ Background Statistics Human development index rank 83 1 GNI per capita (PPP in US$) 13,359 1 Life expectancy at birth (years) 72.2 1 Mean years of schooling (years) 6.5 1 Expected years of schooling (years) 11.8 1 Total population 72,752,000 2 2/ Disability Statistics Population of persons with disabilities 8,431,508 3, a Proportion of persons with disabilities to total population 12.29 per cent 3, b Employment rate of persons with disabilities 21.71 per cent 3 Access to education 36.37 per cent illiteracy rate 3 3/ Definitions Definition of disability .. The Turkish Disability Act (2005) defines "disabled" as a "person who has difficulties in adapting to the social life and in meeting daily needs due to the loss of physical, mental, psychological, sensory and social capabilities at various levels by birth or by any reason thereafter and who therefore need protection, care, rehabilitation, consultancy and support services." (Turkey 2005, art. 3) Definition of persons with disabilities According to the Administration for Disabled People, the "Regulation regarding formation of a database for persons with disabilities and provision of identity card for persons with disabilities" stipulate that a person is considered to have a disability "if he/she has an overall body function loss of 40 per cent and more that is defined by medical boards. For example, a person with a disability can get a disability identity card in case when certified by a loss of physical, intellectual, spiritual, sensual and social skills by forty percent (40 per cent) and more from the birth or for any reason subsequently." (Turkey 2009) Article 3 of the Labour Act (2003) stipulates that a person with a disability can be employed under Overview Country Turkey the quota system both in public and private sector also require a certification of at least 40 per cent and more overall body function loss. For the 2002 Turkey Disability Survey, a person with disability was defined as a "person unable to ensure by himself or herself, wholly or partly, the necessities of a normal individual and/or social life, as a result of deficiency, either congenital or not, in his or her physical capabilities." (Turkey 2002b) The Regulation regarding the criterion and classification of disability, and the health committee reports to be issued to the persons with disabilities lay down procedures and principles related to obtaining, validity and evaluation of Health Committee reports for persons with disabilities, identifies hospitals issuing Health Committee reports and provide for classifications and definitions related to persons with disabilities (art. 1). Categories of impairment Types of impairment are classified by the "Form of Health Committee Reports for Persons with Disabilities" (annex 3) based on the "Table of Percentages of Loss of Overall Body Functions and Table of Calculation According to Disability." 4/ Commitment to International Instruments on Disability Ratification or signatory of the Convention on the Rights of Persons with Disabilities (CRPD), and its Optional Protocol Signed Convention on 30 March 2007; Signed Optional Protocol on 28 September 2009; Ratified Convention on 28 September 2009 4 Ratification of ILO Convention 159 Ratified Convention on 26 June 2000 5 Ratification or signatory of the Convention on Cluster Munitions No 6 Ratification or signatory of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction Ratified Convention on 25 September 2003 7 5/ Legal Framework Constitutional provisions Constitution of the Republic of Turkey (1982) (chap. X, art. 10, chap. V, part A, art. 50, art. 61 and art. 104) Disability-specific laws Comprehensive Turkish Disability Act (2005); Act 571 (2002) Overview Country Turkey Sectoral Cover: early detection, intervention and education Disability-inclusive laws Cover: training and employment; built environment and public transportation 6/ Policy Framework Disability-specific policies Access to Built Environment and Public Transportation; 2010 Accessibility Actions For All; National Accessibility Strategy Action Plan Comprehensive Action Plan for the Employment of Persons with Disabilities 2005-2010 Sectoral Cover: training and employment Disability-inclusive Ninth Five-Year Development Plan 7/ Institutional Framework The national coordination mechanism or disability focal point Prime Ministry Administration for Disabled People Sources: 1. United Nations Development Programme (2010). Human Development Report 2010 (New York, UNDP). 2. United Nations (2011). World Population Prospects: The 2010 Revision, accessed from http://esa.un.org/unpd/wpp/index.htm on 1 August 2011. 3. Turkey (2002a). “Basic characteristics of disabled population”, in 2002 Turkey Disability Survey (Administration for Disabled People), accessed from www.ozida.gov.tr/arastirma/tr_ozurluler_arastirmasi/blm1.pdf on 1 August 2011. 4. United Nations (2011). “Convention and Optional Protocol Signatures and Ratifications”, on the United Nations Enable website, accessed from www.un.org/disabilities/countries.asp?navid=12&pid=166 on 17 October 2011. 5. International Labour Organization (2011). “Convention No. C 159”, accessed from www.ilo.org/ilolex/cgi-lex/ratifce.pl?C159 on 17 October 2011. 6. Convention on Cluster Munitions (CCM) (2008). “Ratifications and Signatures”, accessed from www.clusterconvention.org/ratifications-and-signatures on 17 October 2011. 7. Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (1997). “State Parties and Signatories”, accessed from www.unog.ch/80256EE600585943/(httpPages)/6E65F97C9D695724C12571C0003D09EF?OpenDo cument on 17 October 2011. Notes: a. Covers orthopedically, visual, hearing, speaking, mentally disabled population and population with chronic diseases. b. Based on the 2002 Turkey Disability Survey. Comprehensive 1. Definitions a) Disability .. b) Persons with disabilities The Turkish Disability Act (2005) defines "disabled" as a "person who has difficulties in adapting to the social life and in meeting daily needs due to the loss of physical, mental, psychological, sensory and social capabilities at various levels by birth or by any reason thereafter and who therefore need protection, care, rehabilitation, consultancy and support services." (Turkey 2005, art. 3) According to the Administration for Disabled People, the "Regulation regarding formation of a database for persons with disabilities and provision of identity card for persons with disabilities" stipulate that a person is considered to have a disability "if he/she has an overall body function loss of 40 per cent and more that is defined by medical boards. For example, a person with a disability can get a disability identity card in case when certified by a loss of physical, intellectual, spiritual, sensual and social skills by forty percent (40 per cent) and more from the birth or for any reason subsequently." (Turkey 2009) Article 3 of the Labour Act (2003) stipulates that a person with a disability can be employed under the quota system both in public and private sector also require a certification of at least 40 per cent and more overall body function loss. For the 2002 Turkey Disability Survey, a person with disability was defined as a "person unable to ensure by himself or herself, wholly or partly, the necessities of a normal individual and/or social life, as a result of deficiency, either congenital or not, in his or her physical capabilities." (Turkey 2002b) c) Categories of impairment According to the Administration for Disabled People (Turkey 2009), persons with disabilities in Turkey are classified based on the following regulations: Regulation regarding the criterion and classification of disability, and the health committee reports to be issued to the persons with disabilities [English] – [Turkish] The Regulations lay down procedures and principles related to obtaining, validity and evaluation of Health Committee reports for persons with disabilities, identifies hospitals issuing Health Committee reports and provide for classifications and definitions related to persons with disabilities (art. 1). Types of impairment are classified by the "Form of Health Committee Reports for Persons with Disabilities" (annex 3) based on the "Table of Percentages of Loss of Overall Body Functions and Table of Calculation According to Disability." (annex 4) 2. Legal framework a) Constitutional provisions Constitution of the Republic of Turkey [English] – [Turkish] Article 50 under "Provisions Relating to Labour" states that “no one shall be required to perform work unsuited to his age, sex, and capacity.” Further, "minors, women and persons with physical or mental disabilities, shall enjoy special protection with regard to working conditions." (Turkey 1982, chap. V, part A, art. 50) Article 61 under "Persons Requiring Special Protection in the Field of Social Security" provides that "the State shall protect the widows and orphans of those killed in war and in the line of duty, together with the disabled and war veterans, and ensure that they enjoy a decent standard of living." Under the same article, "the state shall take measures to protect the disabled and secure their integration into community life." (Turkey 1982, art. 61) Duties and powers of the President of the Republic defined in the Constitution include the power to "remit, on grounds of chronic illness, disability, or old age, all or part of the sentences imposed on certain individuals." (Turkey 1982, art. 104) The Constitution of the Republic of Turkey was amended on 7th May 2010. One of the amended articles is related to “equality before law” (article 10). A statement is added to this article which indicates that the measures taken for persons with disabilities, elderly, widows and orphans of those killed in war and in the line of duty, together with the disabled and war veterans shall not be considered as contrary to the principle of equality. Positive discrimination is promoted for persons with disabilities besides other groups defined through this article by the new statement. Specific measures necessary to accelerate or achieve equality of persons with disabilities shall not be considered contrary to the principle of equality before the law. The article states that “All individuals are equal without any discrimination before the law, irrespective of language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such considerations. Men and women shall have equal rights. The State has the duty to ensure that this equality is put into practice. Measures taken for this purpose shall not be considered as contrary to equality. Measures taken for persons with disabilities, elderly, widows and orphans of those killed in war and in the line of duty, together with the disabled and war veterans shall not be considered as contrary to the principle of equality. No privilege shall be granted to any individual, family, group or class. State organs and administrative authorities shall act in compliance with the principle of equality before the law in all their proceedings.” b) Disability-specific laws and regulations i. Comprehensive disability-specific laws and regulations Turkish Disability Act, 2005 [English] – [Turkish] The Turkish Disability Act aims "to prevent disability, to enable the disabled people to join the society by taking measures which will provide the solution of their problems regarding health, education, rehabilitation, employment, care and social security and the removal of the obstacles they face and to make the necessary arrangements for the coordination of these services." (Turkey 2005, art. 1) The Act provides for 'types of care' for persons with disabilities including rehabilitation, early diagnosis and preventive services, job profession analysis, vocational rehabilitation, employment, education and training and educational evaluation. The Act also provides for education, health, construction of condominiums, employment of persons with disabilities as civil servants, and provision of assistance in legal processes to sensory-impaired persons, among others. It also recommends abolishment of stipulations in other pieces of legislation that are not in line with the provisions set forth in the Act. Act 571 [English] – [Turkish] Act 571 defines the roles of the Administration for Disabled People as the coordinating mechanism among national and international institutions. The responsibility of the Administration includes gathering of information and development of policies on disability (Turkey 2002c). The Act sets the principles of promoting equal participation of persons with disabilities; provision of appropriate services and support in relation to education, employment, medical and rehabilitation services; accessibility to information, services and the built environment; and social security, among others. ii. Sectoral disability-specific laws and regulations Early Detection, Intervention and Education Act 573 on Special Education, 1997 [English] – [Turkish] The Act of Special Education provides for the rights to education of persons with disabilities and identifies the appropriate programmes, schools and institutions. The Act provides for early intervention as well as education in preschool, elementary, secondary, and high school levels along the principles of inclusion and mainstreaming of children with disabilities (Turkey 2002c, para. 10). In 2001, the Ministry of Education implemented the "Regulation on Ministry of Education, Special Education Counseling" in accordance with the principles set forth in Act of 573 and the "Regulation of Ministry of Education Special Education Services". The Regulation sets forth the principles and procedures on guidance and counselling services for persons with disabilities in the educational system. It "describes the direct or indirect services for individuals with special education needs and defines functioning of the private and public special education institutions, which shall provide these services" and "the Regulation" describes the direct or indirect services for individuals with special education needs and defines functioning of the private and public special education institutions, which shall provide these services." (Turkey 2002c, para. 32 and 35) c) Disability-inclusive laws and regulations Training and Employment Labour Act, 2003 [English] – [Turkish] Civil Servants Act [English] – [Turkish] The Labour Act (2003) and Civil Servants Law govern the employment of persons with disabilities. Active participation is promoted by quota system both in private and public organizations as follows (Turkey 2002c; 2006b): The Labour Act (2003) and Civil Servants Law govern the employment of persons with disabilities. Active participation is promoted by quota system both in private and public organizations as follows (Turkey 2002c; 2006b): Private and Government funded agencies and organizations employing at least 50 workers are obliged to employ disabled employees -according to their working capacity; 3 per cent regarding Civil Servants Law; 4 per cent regarding Labour Law for public sector and 3 per cent for private sector; Grant system is based on contribution from employers with Treasury paying total or 50 per cent of total amount of employer’s share of insurance premium under certain conditions as an incentive; Penalties are charged for non-compliance to the quota. Access to Built Environment and Public Transportation Act 3194 on urban development legislation [English] – [Turkish] Act 572 [English] – [Turkish] Act 572 revises several laws for persons with disabilities, including Act 3194 on urban development legislation, new building and construction rules implemented by the Ministry of Public Works and Housing. The revisions refer to accessibility of public places for persons with disabilities and older people applicable to newly constructed buildings. In accordance to the rules of Act 3194, the Turkish Standard Institution (TSE) formulated new standards for access to buildings and open spaces (Turkey 2002c, para. 11). With the said amendments, the following arrangements are intended to create the appropriate environment for the persons with disabilities: “Residential housing units, public and commercial buildings shall be arranged in accordance with the needs of the disabled. Appropriate measures shall be taken in line with the TSE standards in open areas (roads, parking lots, parks, pedestrian areas, squares and pavements), transportation and communication points on these open areas, as well as on landscape components with a view to ensuring access to the disabled. It is compulsory to abide by the relevant TSE standards in the arrangements to be made with regard to the disabled. The municipalities are obliged to act in accordance with relevant legislation and standards. According to Article 38 of the Municipality Law No. 5393, municipalities are delegated the responsibility to use the allowance in the budget granted for the poor and the needy, to carry out services concerning the disabled and to establish centres for the disabled.” (Turkey 2008, para. 434) In addition, three significant standards to ensure access for persons with disabilities have been issued: “TS 9111 Rules Regarding the Arrangement of Buildings in which the Disabled Shall Reside, dated April 1991, TS 12576 Design Rules Regarding the Structural Measures for the Disabled and the Elderly in Streets, Roads, Squares and Ways, dated April 1999, TS 12460 Design Rules Regarding in Facilities for the Disabled and the Elderly, dated April 1998.”(Turkey 2008, para. 435 Other Disability Inclusive Laws Law on Payment of Pension to the Elderly People in Need (65 years old and over) No. 2022 [English] – [Turkish] Law on Social Assistance and Solidarity Fund No. 3294 [English] – [Turkish] Law on Insurance of Green cards for the Citizens incapable to pay for health care services No. 3816 [English] – [Turkish] General Directorate for Social services and Child Protection Law No. 2828 [English] – [Turkish] Social Insurance and General Health Insurance Law No. 5510 [English] – [Turkish] Municipal Law No. 5393 [English] – [Turkish] Metropolitan Municipality Law No. 5216 [English] – [Turkish] Real Estate Tax Law No. 1319 [English] – [Turkish] Universal Service Law No. 5369 [English] – [Turkish] Income Tax Law No. 193 [English] – [Turkish] Customs Law No. 4458 [English] – [Turkish] Primary Education and Training Law No. 222 [English] – [Turkish] Construction Law No. 3194 [English] – [Turkish] Labour Law No. 4857 [English] – [Turkish] Law on Fighting Hereditary Diseases No. 3960 [English] – [Turkish] Highway Traffic Law No. 2918 [English] – [Turkish] Property Ownership Law No. 634 [English] – [Turkish] Value added Tax Law No. 3065 [English] – [Turkish] Vocational Training Law No. 3308 [English] – [Turkish] National Education Basic Law No. 1739 [English] – [Turkish] Motor Vehicle Tax Law No. 197 [English] – [Turkish] Notary Law No. 1512 [English] – [Turkish] Population Services Law No. 5490 [English] – [Turkish] Private Schools Law No. 5580 [English] – [Turkish] Private Consumption Tax Law No. 4760 [English] – [Turkish] Law on Privatization Practice No. 4046 [English] – [Turkish] Law on Establishment and Publications of Radio and Televisions No. 3984 [English] – [Turkish] Basic Health Services Law No. 3359 [English] – [Turkish] Anti-Terror Law No. 3713 [English] – [Turkish] Turkish Penal Code No. 5237 [English] – [Turkish] Turkish Civil Code No. 4721 [English] – [Turkish] 3. Policies and plans a) Disability-specific policies and plans i. Comprehensive disability-specific policies and plans 2010 Accessibility Actions For All [English] – [Turkish] National Accessibility Strategy Action Plan [English] – [Turkish] The announcement of the year 2010 as “Accessibility Actions for all” and the preliminary work on the “National Accessibility Strategy Action Plan” was initiated in collaboration with the relevant public bodies/institutions by the official approval of the Prime Ministry on 17 November 2009. Final version of the plan was adopted by the High Planning Council on 25 October 2010. The aims of the action plan are to: • ensure the implementation of the legislation on accessibility in coordination with the relevant public bodies, particularly local governments; • take immediate actions in order to make all services accessible for PWDs and thereby ensuring full and active participation in the society. ii. Sectoral disability-specific policies and plans Training and Employment Action Plan for the Employment of Persons with Disabilities 2005-2010 [English] – [Turkish] The purpose of the Action Plan for the Employment of Persons with Disabilities 2005-2010 is to manage disability issues in a systematic way and to promote active participation and inclusion of persons with disabilities in the labour market (Turkey 2006b). b) Disability-inclusive policies and plans Ninth Five-Year Development Plan [English] – [Turkish] The Ninth Five-Year Development Plan involves main principles of national disability policy such as employment, social security, social services and assistance, education and health (Turkey 2007). 4. Institutional framework and Government focal point Administration for Disabled People The Administration for Disabled People was established in 1997 under the Prime Ministry. The Administration is national focal point and coordination mechanism on disability issues. The Administration is also responsible for supporting preparation of national policies and service delivery for persons with disabilities. The Administration has established the Executive Committee on Disabled and the Council on Disabled. The Administration can be contacted at the following: Prime Ministry, Administration for Disabled People Turkie Cumhuriyeti Basbakanlik Ozurluler Idaresi Baskanligi Necatibey Cad. No: 49 Kizilay 06410 Ankara, Turkey Tel: +90 312 229 55 11 Fax:+90 312 229 55 85 Website: www.ozida.gov.tr/ENG/?menu=institutional&sayfa=contact 5. Useful links Fighting Against Disability Discrimination in Turkey www.ozida.gov.tr/ayrimciliklamucadele/eng/default.html 6. References Turkey (1982). Constitution of the Republic of Turkey (as amended on 17 October 2001), accessed from www.anayasa.gov.tr/images/loaded/pdf_dosyalari/THE_CONSTITUTION_OF_THE_REPUBLIC_O F_TURKEY.pdf on 1 August 2011. _______ (2002a). “Basic characteristics of disabled population”, in 2002 Turkey Disability Survey (Administration for Disabled People), accessed from www.ozida.gov.tr/arastirma/tr_ozurluler_arastirmasi/blm1.pdf on 1 August 2011. _______ (2002b). “Explanation”, in 2002 Turkey Disability Survey (Administration for Disabled People), accessed from www.ozida.gov.tr/arastirma/tr_ozurluler_arastirmasi/aciklama.pdf on 1 August 2011. _______ (2002c). “Turkey Country Report”, paper presented during the Review of National Progress on the Implementation of the Asian and Pacific Decade of Disabled Persons, High Level Inter-governmental Meeting to Conclude the Asian and Pacific Decade of Disabled Persons, 19932002, 25-28 October 2002, Otsu City, Shiga, Japan, accessed from www.ozida.gov.tr/raporlar/uluslararasi/bm/.../7turkiyeraporu.doc on 18 August 2009. _______ (2003). Labour Act of Turkey, No. 4857, accessed from www.ilo.org/dyn/natlex/docs/SERIAL/64083/63017/F1027431766/TUR64083.PDF on 1 August 2011. _______ (2005). Law on Disabled People and on Making Amendments in Some Laws and Decree Laws, No. 5378, 1 July, accessed from www.lexadin.nl/wlg/legis/nofr/eur/lxwetur.htm on 1 August 2011. _______ (2006a). “Regulation regarding the Criterion and Classification of Disability, and the Health Committee Reports to be issued to Persons with Disabilities”, accessed from www.ozida.gov.tr/mevzuat/saglikolcutu.htm on 1 August 2011. _______ (2006b). “People with Disabilities, Social Policy and Employment”, power point presentation, accessed from www.abgs.gov.tr/files/tarama/tarama_files/19/SC19DET_People%20with%20disabilities.pdf on 1 August 2011. _______(2007). Ninth Development Plan 2007 – 2013, Prime Ministry, State Planning Organization, accessed from http://ekutup.dpt.gov.tr/plan/ix/9developmentplan.pdf on 1 August 2011. _______ (2008). “Implementation of the International Covenant on Economic, Social and Cultural Rights: Initial reports submitted by States parties under articles 16 and 17 of the Covenant— Republic of Turkey” (Ministry of Foreign Affairs) (Advance unedited version), accessed from http://www2.ohchr.org/english/bodies/cescr/docs/AdvanceVersions/E-C12-TUR-1.doc on 1 August 2011. _______ (2009). Administration for Disabled People, electronic communication with ESCAP. _______ (2010). Administration for Disabled People, electronic communication with ESCAP. Last updated: 17 October 2011.