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Turkey

Section 4. Corruption and Lack of Transparency in Government

While the law provides criminal penalties for conviction of official corruption, the government did not implement the law effectively, and some officials engaged in corrupt practices with impunity. Parliament entrusts the Court of Accounts, the country’s supreme audit institution, with accountability related to revenues and expenditures of government departments. Outside this audit system, there was no dedicated regulator with the exclusive responsibility for investigating and prosecuting corruption cases and there were concerns regarding the impartiality of the judiciary in the handling of corruption cases. According to Transparency International, the public procurement system has consistently declined in transparency and competitiveness, with exceptions to the Public Procurement Law widely applied.

While opposition politicians frequently accused the ruling party of corruption, there were only isolated journalistic or official investigations of government corruption during the year. Journalists and civil society organizations reported fearing retribution for reporting on corruption issues. Authorities continued to pursue criminal and civil charges against journalists reporting on corruption allegations. Courts and RTUK regularly blocked access to press reports regarding corruption.

In May the state-run Anadolu Agency fired reporter Musab Turan after he asked government officials about corruption allegations against Minister of Interior Suleyman Soylu during a press conference. Anadolu Agency issued a statement that Turn was fired for lacking “journalistic principles” and propagating “political propaganda.” The statement also said that Anadolu requested that prosecutors open a terrorism investigation into Turan. Fahrettin Altun, the presidency’s communications director, wrote on Twitter, “Those who seek to harm the respectability of our state will pay the price.”

Corruption: There were several credible press allegations of corruption throughout the year. For example, in June the opposition-leaning Cumhuriyet published a series of reports on the conclusions of an Istanbul Metropolitan Municipality probe into corruption allegations of excessive public spending on projects benefiting the Turkey Youth Foundation (TUGVA), which was closely linked to ruling AKP figures. Under prior AKP leadership, Istanbul municipal officials reportedly colluded with the public-housing authority KIPTAS in a series of opaque real estate transactions apparently aimed at avoiding open bidding. One such deal saw a contract for a public cultural center repurposed for use by TUGVA. TUGVA and another AKP-linked foundation were also allocated municipal luxury cars and toll passes. Investigators estimated the total losses to the public at approximately $1.6 billion. Istanbul mayor Ekrem Imamoglu directed municipality officials to initiate the probe when he took office in 2019. The Ministry of the Interior took over the investigation in December 2020 after which progress appeared to have stalled.

In October a former TUGVA employee leaked to a journalist documents suggesting the government allocated thousands of state-owned dormitory buildings for exclusive use by TUGVA members and channeled generous subsidies to TUGVA and other AKP-aligned foundations via state-owned banks. The whistleblower also shared purported lists of TUGVA-nominated candidates for jobs within the police, judiciary, and military. TUGVA officials denied the authenticity of the documents. RTUK fined opposition Halk TV for its coverage of the allegations regarding TUGVA.

In April authorities investigated accusations that seven municipalities in the southeast issued official visa-exempt passports in exchange for bribes, allowing individuals to travel to Europe. The scheme was allegedly discovered after most participants in municipality-organized visits to Germany claimed asylum while abroad and did not return to Turkey.

There were no high-profile prosecutions of officials on corruption charges during the year.

Section 5. Governmental Posture Towards International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A limited number of domestic and international human rights groups operated throughout the country, although many faced continued pressure from the government during the year. Some had difficulty registering as legal entities with the Ministry of Interior. Others faced government obstruction and restrictive laws regarding their operations. Human rights groups reported the government was often unresponsive to their requests for meetings and did not include their input in policy formation. Human rights organizations and monitors as well as lawyers and doctors involved in documenting human rights abuses occasionally faced detention, prosecution, intimidation, and harassment, and their organizations faced closure orders for their activities.

The HRA reported that its members have collectively faced a more than 5,000 legal suits since the group’s establishment, of which more than 200 were active at year’s end. These cases were mostly related to terror and insult charges. The HRA also reported that executives of its provincial branches were in prison. Others faced continued threats of police detention and arrest.

In March police detained a cochairman of the HRA, Ozturk Turkdogan, on terrorism charges. Police released Turkdogan under judicial control on the same day. Turkdogan reported that the charges against him were based on speeches and press statements he gave as part of his work for the HRA. The HRA noted that the detention appeared to have been retaliation for its criticism regarding the government’s handling of a hostage release operation in Gara, Iraq, in February that resulted in the death of 13 hostages. After the HRA released a statement calling for government accountability regarding the failed operation, Minister of Interior Suleyman Soylu called it “that cursed association” and falsely accused it of not condemning killings of civilians by terrorist organizations.

In September a Diyarbakir court convicted lawyer and human rights defender Nurcan Kaya of “making terrorist propaganda” for her 2014 social media posts related to Turkey’s operations in Syria, many of which criticized state violence and human rights violations. She was sentenced to one year and three months in prison in a suspended sentence. Kaya was appealing the decision at year’s end.

The harassment, detention, and arrest of many leaders and members of human rights organizations resulted in some organizations closing offices and curtailing activities and some human rights defenders self-censoring.

Some international and Syrian NGOs based in the country and involved in Syria-related programs reported difficulty renewing their official registrations with the government, obtaining program approvals, and obtaining residency permits for their staff. Some noted the government’s documentation requirements were unclear.

Government Human Rights Bodies: The Ombudsman Institution and the National Human Rights and Equality Institution serve as the government’s human rights monitoring bodies. The Ombudsman Institution operated under parliament as a complaint mechanism for citizens to request investigations into government practices and actions, particularly concerning human rights problems and personnel issues, although dismissals under the 2016-18 state of emergency decrees did not fall within its purview. The Ombudsman Institution’s mandate extends only to complaints relating to public administration. The National Human Rights and Equality Institution reviews cases outside the Ombudsman Institution’s mandate. Independent observers assessed that both institutions were not financially nor operationally independent.

In 2020 the National Human Rights and Equality Institution received 685 applications as part of the national preventive mechanism against torture and found violations in one case. Of the applications, 236 related to health rights and conditions, 122 to physical conditions in prisons, 122 concerned mistreatment, and 98 were prison transfer requests.

The Ombudsman Institution received 90,209 applications for assistance in 2020, compared with 20,968 in 2019. Driving the increase were applications related to unfair practices at banks and financial institutions when applicants applied for economic assistance. In 75 percent of cases, the Ombudsman Institution provided advisory opinions to government institutions.

The Inquiry Commission on the State of Emergency Measures was established in 2017 to review cases and appeals related to purges and closures during the state of emergency (see section 1.e., Civil Judicial Procedures and Remedies).

The Ministry of Justice’s Human Rights Department served as the ministry’s lead entity on human rights issues, coordinating its work with the ministry’s Victims’ Rights Department. It is responsible for developing the national human rights action plan, the latest version of which was released in March. Human rights groups reported that they had limited input into the plan and expressed skepticism that it would result in substantive changes, since previous versions of the plan had not been fully implemented and did not address root issues.

Parliament’s Human Rights Commission functioned as a national monitoring mechanism. Commission members maintained a dialogue with NGOs on human rights problems and conducted some prison visits, although activists claimed the commission’s ability to influence government action was limited.

Section 6. Discrimination and Societal Abuses

Women

Rape and Domestic Violence: The law criminalizes gender-based violence and sexual assault, including rape and spousal rape, with penalties of two to 10 years’ imprisonment for conviction of attempted sexual violation and at least 12 years’ imprisonment for conviction of rape or sexual violation. Women’s groups reported that the government did not effectively or fully enforce these laws or protect survivors.

Gender-based violence, including domestic and intimate partner violence, remained a serious and widespread problem both in rural and urban areas. NGOs continued to report higher rates of domestic violence reports during periodic COVID-19 lockdowns implemented throughout the year.

The We Will Stop Femicide Platform, an NGO dedicated to monitoring violence against women, estimated that men killed at least 415 women during the year, compared with 410 in 2020. Government authorities did not consistently release statistics on gender-based violence. The minister of interior stated that 266 women were killed in episodes of domestic violence in 2020.

The law requires police and local authorities to grant various levels of protection and support services to survivors of violence or those at risk of violence. It also mandates government services, such as shelter and temporary financial support, for victims and provides for family courts to impose sanctions on perpetrators.

The law provides for the establishment of violence prevention and monitoring centers to offer economic, psychological, legal, and social assistance. There were 81 violence prevention centers throughout the country, one in each province. In 2020 the Ministry of Family and Social Services reported there were 145 women’s shelters nationwide with capacity for 3,482 persons. In July the minister of family and social services announced that 55,882 individuals, including 35,311 women and 20,551 children, received services from women’s shelters in 2020. Women’s rights advocates asserted there were not enough shelters to meet the demand for assistance and that shelter staff did not provide adequate care and services, particularly in the southeast. Shelter capacity was further reduced as a result of COVID-19 prevention requirements. Lack of services was more acute for elderly women and LGBTQI+ women as well as for women with older children.

The government operated a nationwide domestic violence hotline and a web application called the Women Emergency Assistance Notification System (KADES). In May the Ministry of Interior stated that since its inception in 2018, the KADES application had received 138,978 reports of which 73,417 were legitimate threats and that authorities had responded to each. The ministry did not specify types of response. NGOs asserted the quality of services provided in response to calls was inadequate for victims of domestic violence and that women were at times directed to mediation centers or told to reconcile with their husbands.

In March, President Erdogan announced the country’s withdrawal from the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, also known as the Istanbul Convention. Turkey was the first country to ratify the convention in 2012; its withdrawal from the convention became effective July 1. Women’s groups strongly criticized the withdrawal, expressing concern that it would result in a weakening of protections for survivors of gender-based violence and foster impunity for perpetrators. Women’s and human rights groups asserted that the withdrawal, which was accomplished by presidential decree without consulting parliament, violated the country’s constitution and filed court challenges. The constitution specifies that parliament must ratify international agreements but does not address withdrawal. The Council of State, the country’s top administrative court, upheld the presidential decree in November, but appeals were ongoing. Since the country’s withdrawal from the convention, women’s groups that worked with survivors of gender-based violence reported that they were less likely to approach authorities, believing that the withdrawal signaled a lessening of the government’s commitment to aid survivors.

Government officials, including President Erdogan, stated that the country’s withdrawal from the Istanbul Convention did not signal a diminished government commitment to combating gender-based violence. The Presidency’s Directorate of Communications issued a statement that the withdrawal resulted from the convention’s “hijack[ing]” by those “attempting to normalize homosexuality – which is incompatible with Turkey’s social and family values” (see section 6, Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity).

In July the government released its National Action Plan for Combatting Violence Against Women (2021-2025). Women’s groups largely dismissed the plan as a tactical effort to stem public criticism following the Istanbul Convention withdrawal and stressed that prior action plans did little to curb the rise in gender-based violence in the country.

Courts regularly issued restraining orders to protect victims, but human rights organizations reported police rarely enforced them effectively. According to a report compiled by the opposition CHP, courts rejected 7 percent of restraining order requests in 2020. Women’s associations also charged that government counselors and police sometimes encouraged women to remain in abusive marriages at their own personal risk rather than break up families.

In May, Zeynep Erdogan was stabbed and killed by her husband, Mehmet Erdogan, in Ankara. According to press and NGO reporting, Erdogan had filed multiple restraining orders against the husband, who was on trial for domestic violence against her during the time of the killing. Police arrested Mehmet Erdogan following the killing.

Courts in some cases gave reduced sentences to men found guilty of committing violence against women, citing good behavior during the trial or “unjustifiable provocation” by women as an extenuating circumstance of the crime. The criminal code allows defendants to receive a reduced sentence if the offense was committed “in a state of anger or severe distress caused by an unjust act.” For example, in May press outlets reported that a Konya court reduced the sentence of convicted felon Bekir Erol, who killed his wife, Tuba Erol, in 2019 by stabbing her 46 times. Erol initially received a life sentence with no possibility of parole. The court ruled to reduce the sentence to 18 years and four months on the grounds of “good behavior” and “unjustifiable provocation.”

Other Harmful Traditional Practices: There were occasional reports of “honor killings” of women, mainly in the southeast. In October the press reported that a man stabbed and killed his mother in public in Istanbul after the family discovered she had an affair 20 years earlier. Police arrested the suspect.

The criminal code prescribes life imprisonment for killings perpetrated with the motive of “custom,” but NGOs reported that courts often reduced actual sentences due to mitigating factors, including “unjustifiable provocation.”

Sexual Harassment: The law provides for up to five years’ imprisonment for sexual harassment. If the victim is a child, the recommended punishments are longer. Women’s rights activists reported, however, that authorities rarely enforced these laws.

Gender equality organizations indicated that incidents of verbal harassment and physical intimidation of women in public occurred with regularity and cited as the cause a permissive social environment in which harassers were emboldened.

Some women’s rights NGOs asserted that weak legal enforcement of laws to protect women and light sentencing of violent perpetrators of crimes against women contributed to a climate of permissiveness for potential offenders. According to Ministry of Justice statistics, there were 28,083 sexual harassment cases in 2020, a significant increase from the previous year. Prosecutors did not prosecute 43 percent of the cases. In cases that went to court, the courts acquitted the accused perpetrator in 16 percent of cases, convicted and sentenced the perpetrator in 40 percent, and suspended the sentence through a verdict postponement judgement in 25 percent of the cases. The high rate of verdict postponement contributed to perceptions of impunity for sexual harassment.

Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

There were no government restrictions or policies designed to prevent information on medical treatment affecting reproductive health from reaching vulnerable populations, including ethnic minorities and refugees.

The UN Population Fund determined that 11.5 percent of women in the country had unmet needs in family planning based on data from the 2018 Turkey Demographic and Health Survey conducted by Hacettepe University’s Institute of Population Studies. The survey, conducted every five years, found 97 percent of women knew of at least one family prevention method. At least 70 percent of married women reported using at least one family planning method.

An analysis of historical survey data from 2013 and 2018 by the NGO Turkish Family Health and Planning Foundation (TAPV) found that there was significant unmet demand for family planning counseling and services, particularly among older women with at least one child. Women in Northeast Anatolia, Istanbul, West Marmara, and Southeast Anatolia regions had the highest rate of unmet family planning needs in the country. TAPV concluded that the shrinking role of public health-care providers in reproductive health (vice private health-care providers) negatively impacted accessibility to family planning resources, particularly among lower income women. Women could access contraception methods for free in government-funded primary health-care units and hospitals or from pharmacies and private practitioners for a fee.

An interview-based survey of health providers conducted by TAPV in 2020 found that the COVID-19 pandemic further limited access to contraception and family planning counseling, while the country maintained maternity services, such as pregnancy follow-ups.

A 2021 report in BMC Womens Health based on interviews in Istanbul found that religious factors played the leading role in women’s choice of a particular family planning method, with less religious women more likely to choose modern contraception methods. The study found that religious belief did not have a direct influence on decisions of whether to employ family planning. The report also noted that men had limited involvement in family planning decision making.

Access to family planning methods and information on managing reproductive health was more difficult for many of the four million refugees in the country. A 2020 Reproductive Health Journal analysis of the sexual and reproductive health of Syrian refugee women stated the rate of postnatal care was inadequate. The review reported a 24 percent rate of modern contraceptive method use among all age groups of Syrian girls and women, with estimated rates of unmet family planning needs at 35 percent and only 20 percent of Syrian women having regular gynecological examinations.

The government provided access to sexual and reproductive health services for survivors of sexual violence. Emergency contraception was available as part of clinical management of rape.

Discrimination: Women enjoy the same rights as men by law, but societal and official discrimination were widespread. Women faced discrimination in employment (see section 7.d.). Based on data from the Turkish Statistical Institute (TUIK), the labor participation rate for men was 78 percent and only 35 percent for women. A joint 2020 study by TUIK and the International Labor Organization (ILO) estimated the gender pay gap in in the country at 15.6 percent. Women were disproportionately affected by the COVID-19 pandemic economically.

The constitution permits measures to advance gender equality. To encourage the hiring of women, the state paid social services insurance premiums on behalf of employers for several months for any female employee older than 18. Laws introduced as a gender justice initiative provided for maternity leave, breastfeeding time during work hours, flexibility in work hours, and required childcare by large employers.

Systemic Racial or Ethnic Violence and Discrimination

The constitution provides a single nationality designation for all citizens and does not expressly recognize national, racial, or ethnic minorities except for three non-Muslim minorities: Armenian Apostolic Christians, Jews, and Greek Orthodox Christians. Other national, religious, or ethnic minorities, including Assyrians, Jaferis, Yezidis, Kurds, Arabs, Roma, Circassians, and Laz, were not permitted to fully exercise their linguistic, religious, and cultural rights. The constitution prohibits discrimination based on language, race, or color and provides for equality in the eyes of the law, but authorities did not consistently enforce these provisions.

More than 15 million citizens were estimated to be of Kurdish origin and spoke Kurdish dialects. Security force efforts against the PKK disproportionately affected Kurdish communities throughout much of the year. Some predominantly Kurdish communities experienced government-imposed curfews, generally in connection with government security operations aimed at clearing areas of PKK terrorists (see section 1.g.).

Kurdish and pro-Kurdish civil society organizations and political parties continued to experience problems exercising freedoms of assembly and association (see section 2.b.). Hundreds of Kurdish civil society organizations and Kurdish-language media outlets closed by government decree in 2016 and 2017 after the coup attempt remained shut.

The law allows citizens to open private institutions to provide education in languages and dialects they traditionally use in their daily lives, on the condition that schools are subject to the law and inspected by the Ministry of National Education. Some universities offered elective Kurdish-language courses, and five universities had Kurdish-language departments. A survey by the Ismail Besikci Foundation of 58 academics working in Kurdish studies found that 63 percent reported practicing self-censorship in their classes and 70 percent reported practicing self-censorship in their academic research and publications.

The law allows reinstatement of former non-Turkish names of villages and neighborhoods and provides political parties and their members the right to campaign and use promotional material in any language, but this right was not protected. The law restricts the use of languages other than Turkish in government and public services.

In October police detained and released on the same day a Kurdish shop owner in Siirt Province after his comments to an opposition politician circulated in a social media video. As shown in the video, the man stated, “Our language is denied, our identity is denied, ‘Kurdistan’ is denied.” Prosecutors launched an investigation into the statements for “making propaganda of a terrorist organization.”

There were several attacks against ethnic Kurds that human rights organizations alleged were racially motivated. In July assailants shot and killed seven members of the Dedeogullari family in Konya. A mob attacked the family earlier in May. Family relatives alleged the May attack was perpetrated by ultranationalists affiliated with the extremist group the Grey Wolves. The Konya Public Prosecutor’s Office denied that the attack was racially motivated, attributing it to a long-standing dispute between the Dedeogullari and another family. Police arrested 13 suspects in connection with the killings. Prosecutors indicted 11 suspects for the killings. Their trial was ongoing at year’s end.

In September the Kiziltepe Public Prosecutor’s Office opened an investigation against JinNews reporter Oznur Deger. Deger reported that police questioned her about her reporting on the Dedeogullari family killings and social media posts regarding her Kurdish identity.

In May police arrested three persons who attacked a Kurdish family visiting the southeastern province of Mersin from Erbil, Iraq. The family alleged the assailants used anti-Kurdish slurs and the hand sign of the ultranationalist extremist group the Grey Wolves during the attack.

Romani communities reported discrimination and lack of access to education, housing, health care, and employment. Community members recounted that majority of community members do not complete formal education and as a result are unable to secure employment. Community representatives indicated that more than 90 percent of Roma were unemployed, although many had jobs in the informal economy.

The government adopted a national Romani strategy in 2016 but underfunded the initiative. Romani advocates complained there was little concrete advancement for Roma. They also reported that Romani communities were particularly hard hit by the COVID-19 pandemic and that the national government did little to provide economic assistance to the communities, particularly since most Roma worked in the informal economy as garbage collectors, flower vendors, and musicians who perform at restaurants or social events. With the imposition of restrictions aimed at slowing the spread of COVID-19 by enforcing social-distancing precautions, many Roma found themselves cut off from their livelihoods and without access to the social safety net available to those who could apply for unemployment benefits. Community representatives reported that some families lost housing and utilities due to inability to pay their bills. For instance, 60 families in Izmir relocated to a tent camp after being evicted from their apartments. Romani children also faced difficulty accessing distance education during the COVID-19 pandemic. The government did not compensate Roma forcefully removed from tent cities in Cesme in 2020.

Armenian minority groups reported hate speech and coded language directed against the Armenian community, including from high-level government officials. The Armenian Patriarchate reported receiving anonymous threats around Armenian Remembrance Day.

In April independent parliamentarian Umit Ozdag threatened Garo Paylan, an HDP member of parliament and ethnic-Armenian Turk, after Paylan criticized the fact that streets and schools were still named after Talat Pasha, the Ottoman Empire’s minister of interior during the Armenian genocide. Ozdag responded, “Talat Pasha didn’t expel patriotic Armenians but those who stabbed us in the back like you. When the time comes, you’ll also have a Talat Pasha experience, and you should have it.”

Children

Birth Registration: There was universal birth registration, and births were generally registered promptly. A child receives citizenship from his or her parents, not through birth in the country. Only one parent needs to be a citizen to convey citizenship to a child. In special cases in which a child born in the country may not receive citizenship from any other country due to the status of his or her parents, the child is legally entitled to receive citizenship.

Education: Human rights NGOs and others expressed concern that despite the law on compulsory education and the progress made by the nationwide literacy campaign launched in 2018, some families were able to keep female students home, particularly in religiously conservative rural areas, where girls often dropped out of school after completing their mandatory primary education. The reliance on online education platforms during COVID-19 lockdowns in the 2020-21 school year negatively affected both boys and girls from socioeconomically disadvantaged families lacking internet access and further exacerbated learning inequalities. In May the Education and Science Workers’ Union (Egitim Sen) reported that four million students were not able to access distance education during the previous school year. In a survey, 44 percent of the teachers interviewed by the union said the attendance rate in their classes was less than 20 percent. According to the Turkish Statistical Institute 2020 data, 98 percent of men and 87 percent of women had a primary education, while 50 percent of men and 38 percent of women had a secondary education. A total of 20 percent of men and 17 percent of women had a postsecondary education.

Although the government officially allows the use of Kurdish in private education and in public discourse, it did not extend permission for Kurdish-language instruction to public education. The Turkish constitution prohibits any language other than Turkish to be taught “as a mother tongue.”

Child Abuse: The law authorizes police and local officials to grant various levels of protection and support services to children who are victims of violence or to those at risk of violence. Nevertheless, children’s rights advocates reported inconsistent implementation and called for expansion of support for victims. The law requires the government to provide services to victims, such as shelter and temporary financial support, and empowers family courts to impose sanctions on those responsible for the violence.

By law if the victim of abuse is between the ages of 12 and 18, molestation results in a sentence of three to eight years in prison, sexual abuse in a sentence of eight to 15 years’ imprisonment, and rape in a sentence of at least 16 years’ imprisonment. If the victim is younger than 12, conviction of molestation results in a minimum sentence of five years’ imprisonment, conviction of sexual abuse a minimum of 10 years’ imprisonment, and conviction of rape a minimum of 18 years’ imprisonment.

According to Ministry of Justice statistics, courts opened 22,497 legal cases related to child sexual abuse and sentenced 12,064 persons to imprisonment for child sexual abuse in 2020. Child advocates stated that reports of child abuse increased during COVID-19 pandemic lockdowns and school closures.

Child, Early, and Forced Marriage: The law defines 18 as the minimum age for marriage, although children may marry at 17 with parental permission and at 16 with court approval. The law acknowledges civil and religious marriages, but the latter were not always registered with the state.

Comprehensive statistics on child, early, and forced marriage were unavailable because the marriages often took place unofficially. NGOs reported children as young as 12 married in unofficial religious ceremonies, particularly in poor and rural regions and among the Syrian community in the country. Early and forced marriage was particularly prevalent in the southeast, and women’s rights activists reported the problem remained serious. A study of child, early, and forced marriage by the UN Population Fund and Hacettepe University released in December 2020 found that the proportion of women who had married before the age of 18 in the 20-to-24 age group declined between 1993 and 2008. The decline did not continue between 2008 and 2018, however, and the rate of child, early, and forced marriage increased in West Marmara, Aegean, Mediterranean and Southeast Anatolia regions. In 2020 according to the Turkish Statistical Institute, 4.6 percent of women between the ages of 20 and 24 were married before age 18.

Human rights organizations reported that during the COVID-19 pandemic there were incidences of families “selling” girls for marriage to Turkish men as an economic coping mechanism. Hacettepe University’s 2018 Demographic and Health Survey showed that 12 percent of Syrian girls in the country married before the age of 15 and 38 percent married before the age of 18. Local NGOs worked to educate and raise awareness among individuals in the Turkish and Syrian populations in southeastern provinces.

Women’s rights groups stated that there were instances of forced marriages and bride kidnapping, particularly in rural areas, although the practices were not widespread.

Sexual Exploitation of Children: The constitution requires the state to take measures to protect children from exploitation. The law criminalizes sexual exploitation of children and mandates a minimum sentence of eight years in prison. The penalty for conviction of encouraging or facilitating child commercial sexual exploitation is up to 10 years’ imprisonment; if violence or pressure is involved, a judge may double the sentence. The government did not publish data on rates of sexual exploitation of children.

NGOs such as ECPAT noted that young Syrian female refugees were particularly vulnerable to being exploited by criminal organizations and pressured into sex work, and this practice was particularly prevalent among adolescent girls.

The age of consent for sex is 18. The law prohibits producing or disseminating child pornography and stipulates a prison sentence of up to two years as well as a fine for violations. The law provides prison sentences of up to five years for incest.

Displaced Children: Many women’s and migrant rights NGOs reported that displaced children, mostly Syrian, remained vulnerable to economic and sexual abuse.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Anti-Semitism

According to the Chief Rabbinate in Istanbul, approximately 16,000 Jews lived in the country. Some members of the community continued to emigrate or seek to obtain citizenship in a second country, in part due to concerns regarding anti-Semitism.

Jewish citizens expressed concern regarding anti-Semitism and security threats. Anti-Semitic rhetoric continued in print media and on social media throughout the year, increasing during the outbreak of conflict in West Bank and the Gaza strip in May. Addressing Israeli airstrikes in Gaza, President Erdogan deployed anti-Semitic rhetoric, stating, “They [Israelis] are murderers, to the point that they kill children who are five or six years old. They are only satisfied by sucking their blood.” Turkish officials denied that the statement was anti-Semitic.

In July, Huseyin Hakki Kahveci, a writer and journalist, linked the massive wildfires in Turkey to Rabbi Mendy Chitrik, the chair of the Alliance of Rabbis in Islamic States. Kahveci wrote on Twitter that the location of the fires corresponded to the rabbi’s route as part of his travel for a Jewish heritage project. He wrote, “Rabbis know Kabbalah-Black Magic well.” The Turkish Jewish Community, a foundation representing the Jewish community, announced that it would file a criminal complaint against Kahveci.

To combat anti-Semitism and Holocaust distortion, the government continued to commemorate International Holocaust Remembrance Day in January, with the Ministry of Foreign Affairs issuing a statement for the occasion. The Presidency’s Directorate of Communications established a website dedicated to the memory of victims of the Holocaust and other genocides. The website included video messages from President Erdogan, the chief rabbi, and the president of the Turkish Jewish Community. In March the government donated $36,000 to the Auschwitz-Birkenau State Museum in Poland.

In February the government for the sixth year in a row commemorated the nearly 800 Jewish refugees who died aboard the Struma, a ship that sank off the coast of Istanbul in 1942. The governor of Istanbul, Chief Rabbi Haleva, other members of the Jewish community, and members of the diplomatic community attended the commemoration. As in previous years, President Erdogan issued public messages in celebration of the Jewish holidays of Passover, Rosh Hashanah, and Hanukkah.

The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress, released publicly in July 2020, provides details on the country’s history during the Holocaust and activities for Holocaust restitution, remembrance, education, and archival access (see https://www.state.gov/reports/just-act-report-to-congress/.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Persons with Disabilities

The law requires all governmental institutions and businesses to provide persons with disabilities access to public areas and public transportation and allows for the establishment of review commissions and fines for noncompliance. Government guidelines required official information materials to be provided in accessible formats. The law requires that transit on public transportation be provided free of charge to persons with disabilities. The government, however, made limited progress implementing the law, and access in many cities remained restricted. The COVID-19 pandemic exacerbated service accessibility problems for individuals with disabilities, particularly in the health sector.

The law prohibits discrimination against persons with disabilities, but NGOs that advocate for persons with disabilities asserted the government did not enforce the law effectively.

The Ministry of Family and Social Services is responsible for protecting persons with disabilities. The ministry maintained social service centers assisting marginalized individuals, including persons with disabilities. Most children with disabilities were enrolled in mainstream public schools; others attended special education centers.

According to Ministry of Family and Social Services data, the public sector employed 62,337 persons with disabilities as of December. Some NGOs representing persons with disabilities reported delays in appointment of candidates with disabilities to government positions. In June a group called the Platform for Disabled Teachers Waiting for Appointment staged protests in Ankara demanding the immediate appointment of thousands of teachers with disabilities whose appointments were delayed due to COVID-19.

The private sector employed approximately 100,000 of the two and a half million citizens with disabilities qualified for work. An employment quota requires private-sector companies with more than 50 employees to include at least 3 percent representation in their workforce of employees with disabilities. The public-sector quota is 4 percent. There was no information available on the implementation of fines for accountability.

The law requires all public schools to accommodate students with disabilities, although activists reported instances of such students being refused admission or encouraged to drop out of school. According to disability activists, a large number of school-age children with disabilities did not receive adequate access to education, a situation aggravated by distance learning implemented as a COVID-19 precaution. NGOs reported that public distance-education programs created to enable distance learning under COVID-19 did not provide sign interpretation or subtitles for hearing impaired students. According to a June report by the Ministry of Family and Social Services, during the 2019-20 school year (the latest period for which data was available), 425,774 students with disabilities were in school, with 318,300 studying in regular schools and the remainder in either state-run or privately owned special education schools or classes. A Ministry of Family and Social Services program allowed individuals with autism to stay in government-run houses and offered state resources to families who were unable to attend to all the needs of their autistic children.

HIV and AIDS Social Stigma

Many persons with HIV and AIDS reported discrimination in access to employment, housing, public services, benefits, and health care. Rights organizations noted that the country lacked sufficient laws protecting persons with HIV and AIDS from discrimination and that there were legal obstacles to anonymous HIV testing. Due to pervasive social stigma against persons with HIV and AIDS, many individuals avoided testing for HIV due to fear the results would be used against them. Human rights advocates reported that some employers required HIV/AIDS testing prior to employment to screen positive applicants. HIV-positive individuals also reported issues in receiving exemption from compulsory military service. In September the Pozitif-iz Association reported that it received 42 complaints of human rights abuses in 2020, the majority related to health service-provider discrimination (52 percent) followed by employment discrimination (31 percent). The NGO reported instances of doctors citing COVID-19 prevention measures, such as government guidance to postpone elective procedures, as an excuse to deny treatment to HIV-positive individuals.

The government implemented an HIV/AIDS control program for 2019-24 to raise awareness and combat risk factors. The government also incorporated HIV/AIDS education into the national education curriculum.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

During the year LGBTQI+ individuals experienced discrimination, intimidation, and violent crimes. Human rights groups reported that police and prosecutors frequently failed to pursue cases of violence against LGBTQI+ persons or accepted justification for perpetrators’ actions. Police rarely arrested suspects or held them in pretrial detention, as was common with other defendants. When arrests were made, defendants could claim “unjustifiable provocation” under the penal code and request a reduced sentence. Judges routinely applied the law to reduce the sentences of persons who killed or assaulted LGBTQI+ individuals. Courts of appeal previously upheld these verdicts based in part on the “immoral nature” of the victim. LGBTQI+ advocates reported police detained transgender individuals engaged in sex work and that courts and prosecutors created an environment of impunity for attacks on transgender persons involved in sex work.

In March a Syrian transgender woman was severely injured and lost one eye after a hydrochloric acid attack in Istanbul. An Istanbul court initially sentenced the perpetrator, the victim’s former boyfriend, to 11 years in prison for the attack, but it subsequently reduced the sentence to six years on the grounds of “unjustifiable provocation.” Friends of the victim alleged that hospital staff expressed homophobic attitudes towards the victim.

Numerous LGBTQI+ organizations reported a continued sense of vulnerability as restrictions on their freedom of speech, assembly, and association continued. NGOs reported that police targeted LGBTQI+ individuals using disproportionate force while intervening in demonstrations. University officials limited LGBTQI+ students’ ability to organize and stage pride events.

Human rights activists attributed what they assessed to be increased public anti-LGBTQI+ sentiment and incidence of violence against LGBTQI+ individuals to an uptick in anti-LGBTQI+ rhetoric by government officials amplified through progovernment media.

Government officials increased the targeting of the LGBTQI+ community after an art exhibit staged by students during the Bogazici University protests in January that displayed a picture of the Muslim holy site, the Ka’aba, with superimposed rainbow flags (see section 1.c.). Government officials baselessly blamed the LGBTQI+ community for the exhibit. Minister of Interior Soylu tweeted, “Four LGBT perverts were detained for disrespecting the Ka’aba at Bogazici University.” In a February 2 interview, Soylu alleged that Western countries were spreading the LGBTQI+ “movement” to Turkey to destroy its values by funding LGBTQI+ organizations in the country. President Erdogan told AKP party members, “God willing, we will bring our youth to the future, not as the LGBT youth, but as the youth in the nation’s glorious history. You are the youth on the keyboards of computers, you are not the LGBT youth. You are not a youth that vandalizes; on the very contrary, you are a youth making the broken hearts stand on their feet again.”

Police detained seven students associated with the exhibit and raided the LGBTQI+ student club on the Bogazici University campus. The students continued to face charges of “inciting hatred and insulting religious values” at year’s end. Police confiscated pride flags and banners during the raid and alleged finding a PKK-linked book. The university shut down the student club following the raid. In March police detained 12 other students for displaying pride flags during a demonstration. The students were subsequently released but continued to face charges for violating the law on meetings and demonstrations. Also in March the Adana Security Directorate issued a ban on displays of pride flags and posters during the Women’s Day march.

The Presidency Communications Directorate attributed the country’s withdrawal from the Istanbul Convention to the convention being “hijacked by a group of people attempting to normalize homosexuality which is incompatible with Turkey’s social and family values.” LGBTQI+ groups reported concern that following the country’s withdrawal from the convention, the government would weaken protections for LGBTQI+ victims of gender-based violence or follow the withdrawal with anti-LGBTQI+ legislation.

In June police intervened to disperse the Istanbul Pride March, using force, tear gas, and rubber projectiles. Police detained 47 demonstrators and observers, including an Agence France-Presse photojournalist. All were later released. The Istanbul Governor’s Office refused to issue a permit for the march, citing threats to public morality and the “inappropriate” nature of the event, among other reasons. Police also intervened and detained demonstrators during smaller pride events in Istanbul, Ankara, and Eskisehir.

An opposition parliamentarian reported that the student loan and housing board under the Ministry of Youth and Sport subsequently retaliated against several university students for participating in Eskisehir pride events, cancelling their scholarships and expelling them from government dorms.

In October an Ankara court acquitted 18 Middle East Technical University students and alumni and one faculty member for organizing a pride march on campus in 2019. The court ruled to fine one of the students for insulting a police officer, but the sentence was deferred and could be challenged on appeal.

The criminal code does not include specific protections based on sexual orientation or gender identity. The law allows for up to three years in prison for hate speech or injurious acts related to language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion, or sectarian differences. Human rights groups criticized the law’s failure to include protections based on gender identity. LGBTQI+ definitions were not included in the law, but authorities reported a general “gender” concept in the constitution provides for protections for LGBTQI+ individuals.

Provisions of the law concerning “offenses against public morality,” “protection of the family,” and “unnatural sexual behavior” sometimes served as a basis for abuse by police and discrimination by employers.

In September, Larin Kayatas, a transgender doctor, reported that the Ministry of Health expelled her from service on the basis of her LGBTQI+ identity after finding that her social media posts were not “in line with public morality.” Kayatas alleged that a colleague had filed a complaint regarding her social media messages with the Presidency’s Communications Center, which precipitated a disciplinary investigation.

Human rights organizations reported that some LGBTQI+ individuals were unable to access health services or faced discrimination. Some LGBTQI+ individuals reported they believed it necessary to hide their identities, faced mistreatment by health-service providers (in many cases preferring not to request any service), and noted that prejudice against HIV-positive individuals negatively affected perceptions of the LGBTQI+ community. In June the NGO KAOS GL reported that a doctor in Istanbul refused treatment to a transgender woman and shouted transphobic insults at her after forcefully pushing her from the examination room. Multiple sources reported discrimination in housing, as landlords refused to rent to LGBTQI+ individuals or charged them significantly higher prices.

LGBTQI+ organizations reported the government used regular and detailed audits against them to create administrative burdens and threatened the possibility of large fines. Authorities audited LGBTQI+ organizations more frequently than NGOs focused on other issues.

Dating and social networking sites catering to the LGBTQI+ community faced content blocks. In August, Apple removed the social networking application Hornet from its Turkey store, based on a 2020 court order stemming from a complaint filed by the Ankara provincial Jandarma command. Details on the case or the court’s reasoning were not publicly available. Access to Hornet’s website also remained blocked. Authorities have blocked the dating site and application Grindr since 2013.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes, but it places significant restrictions on these rights. The law prohibits antiunion discrimination and discourages employers for terminating workers involved in union activities. In particular, the law requires employers to either reinstate a worker fired for participating in union activity or pay enhanced compensation of at least one year of the affected worker’s salary if a court finds the worker was unfairly terminated for participating in union activities. If the employer opts not to reinstate the worker to their formal role, the law requires the employer to pay union compensation and an additional fine of a minimum of four months’ wages and a maximum of eight months’ wages. Some public-sector employees, such as senior officials, magistrates, members of the armed forces, and police, may not form or join unions.

In July the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations filed a complaint with the ILO alleging that the option for employers to pay an additional fine rather than reinstate workers allowed employers to dismiss workers for union activity at little cost. The complaint cited several examples of companies, including Cargill, Olam Group and Dohler Group, that opted to pay fines rather than reinstate workers after courts ruled their termination was unlawful.

The law provides some workers the right to strike. Public-sector workers who are responsible for safeguarding life and property as well as workers in the essential areas (coal mining and petroleum industries, hospitals and funeral industries, urban transportation, energy and sanitation services, national defense, banking, and education) do not have the right to strike. Instead, while the law allows some essential workers to bargain collectively, it requires workers to resolve disputes through binding arbitration rather than strikes.

A 2014 Constitutional Court ruling that bankers and municipal transport workers have the right to strike remains in force. The law further allows the government to deny the right to strike in any situation that represents a threat to public health or national security.

The government also maintains restrictions on the right of association and collective bargaining. The law requires labor unions to notify government officials prior to meetings or rallies, which must occur in officially designated areas, and allows government representatives to attend their conventions and record the proceedings.

The law requires a minimum of seven workers to establish a union without prior approval. To become a bargaining agent, a union must represent 40 percent of the worksite employees and 1 percent of all workers in that industry. The law prohibits union leaders from becoming officers of or otherwise performing duties for political parties. The law also prohibits union leaders from working for or being involved in the operation of any profit-making enterprise. As of July, 65 percent of public-sector employees and 14 percent of private-sector employees were unionized. Migrant workers and domestic servants without legitimate work permits were prohibited from joining unions and nonunionized workers were not covered by collective bargaining laws.

The government did not enforce laws related to collective bargaining and freedom of association effectively, and penalties for violations were not consistently commensurate with those provided under other laws involving denials of civil rights. Labor courts functioned effectively and relatively efficiently, although as with other courts, the appeals process could often last for years.

The 19 unions and confederations shut down under the 2016-18 state of emergency, some due to alleged affiliations with the Gulen movement, remained closed.

The government and employers interfered with freedom of association and the right to collective bargaining. Government restrictions and interference limited the ability of some unions to conduct public and other activities. Police frequently attended union meetings and conventions. In addition, some unions reported that local authorities prohibited public activities, such as marches and press conferences.

Employers used threats, violence, and layoffs in unionized workplaces. Unions stated that antiunion discrimination occurred regularly across sectors. Service-sector union organizers reported that private-sector employers sometimes ignored the law and dismissed workers to discourage union activity. Many employers hired workers on revolving contracts of less than a year’s duration, making them ineligible for equal benefits or bargaining rights. In September employees at a smartphone manufacturer in Istanbul went on strike to protest the dismissal of 170 workers, mainly women, who were seeking to unionize following allegations of abusive labor practices.

The government instituted a ban on lay-offs during the COVID-19 crisis that in some cases resulted in the employees being compelled to take leave without pay or earn less than minimum wage. The ban expired at the end of June, resulting in a spike in the unemployment rate. Some companies instituted COVID-19 precautions, including prohibiting workers from leaving and returning to a worksite for extended periods of time.

b. Prohibition of Forced or Compulsory Labor

The law generally prohibits all forms of forced or compulsory labor, but the government enforced such laws unevenly. Penalties for violations were not commensurate with those for other serious crimes. Forced labor generally did not occur, although some local and refugee families required their children to work on the streets and in the agricultural or industrial sectors to supplement family income (see section 7.c.).

Women, refugees, and migrants were vulnerable to forced labor. Although government efforts to prevent forced labor continued with mixed effect, authorities made improvements in identifying victims nationwide. The government did not release data on the number of arrests and convictions related to forced labor.

The government implemented a work permit system for adult temporary protection beneficiaries (Syrians); however, applying for a work permit was the responsibility of the employer, and the procedure was sufficiently burdensome and expensive that relatively few employers pursued legally hiring refugees. As a consequence, the vast majority of both international protection status holders and temporary protection beneficiaries remained without legal employment options, leaving them vulnerable to exploitation, including illegally low wages, withholding of wages, and exposure to unsafe work conditions.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. The law allows children to perform light work that does not interfere with their school attendance from the age of 14 and establishes 16 as the minimum age for regular employment. The law prohibits children younger than 16 from performing arduous or dangerous work. The government prohibited children younger than 18 from working in certain professions or under hazardous conditions.

The government did not effectively enforce child labor laws but made efforts to address the problem. Penalties for violations were sufficiently stringent compared with those for other serious crimes. Resources and inspections were insufficient to effectively monitor and enforce prohibitions against the use of child labor. In the absence of a complaint, inspectors did not generally visit private agricultural enterprises that employed 50 or fewer workers, resulting in enterprises vulnerable to child labor exploitation.

Illicit child labor persisted, including in its worst forms, fostered in part by large numbers of Syrian refugees and the pandemic driving more family members to seek employment. Child labor primarily took place in seasonal agriculture (e.g., hazelnuts), street work (e.g., begging), and small or medium industry (e.g., textiles, footwear, and garments), although the overall scale of the problem remained unclear according to a wide range of experts, academics, and UN agencies engaged on the issue. Parents and others sent Romani children to work on the streets selling tissues or food, shining shoes, or begging. Such practices were also a significant problem among Syrian and Afghan refugee children. The government implemented a work permit system for adult temporary protection beneficiaries (Syrians), but many lacked access to legal employment; some refugee children consequently worked to help support their families, in some cases under exploitative conditions. According to data from the Ministry of Labor and Social Security, a total of 285 workplaces were fined for violating rules prohibiting child labor in 2015-20.

Also see the Department of Labor’s List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-goods .

d. Discrimination with Respect to Employment and Occupation

The law does not explicitly address discrimination due to sexual orientation, gender identity, color, national origin or citizenship, social origin, communicable disease status, or HIV-positive status. The labor code does not apply to discrimination in the recruitment phase. Discrimination in employment or occupation occurred with regard to sex, ethnicity, religion, sexual orientation, HIV-positive status, and presence of a disability. Sources also reported frequent discrimination based on political affiliation and views. Penalties were not commensurate with those for other civil rights violations.

Women faced discrimination in employment and were generally underrepresented in managerial-level positions in business, government, and civil society, although the number of women in the workforce increased compared with previous years. According to the Turkish Statistical Institute (TUIK), the labor participation rate for men was 78 percent, and 35 percent for women. A joint 2020 study by TUIK and the ILO estimated the gender pay gap in the country at 15.6 percent. Women were prohibited from working in select industries that require intensive physical labor. There was no prohibition against gender-based discrimination in access to credit, which remains a barrier to women’s entrepreneurship.

Women in the country were disproportionately affected economically by the COVID-19 pandemic. Research by Confederation of Progressive Trade Unions of Turkey Research Center and the ILO’s Turkey office concluded that the COVID-19 pandemic disproportionally affected women’s labor force participation.

For companies with more than 50 workers, the law requires that at least 3 percent of the workforce consist of persons with disabilities, while in the public sector, the requirement is 4 percent. Despite these government efforts, NGOs reported examples of discrimination in employment of persons with disabilities.

LGBTQI+ individuals in particular faced discrimination in employment. Employment laws allow the dismissal of public-sector employees found “to act in a shameful and embarrassing way unfit for the position of a civil servant,” while some statutes criminalize the vague practice of “unchastity.” KAOS-GL and other human rights organizations noted that some employers used these provisions to discriminate against LGBTQI+ individuals in the labor market, although overall numbers remained unclear. Given the situation, some labor unions created commissions to strengthen efforts to combat discrimination.

e. Acceptable Conditions of Work

Wage and Hour Laws: The national minimum wage was greater than the estimated national poverty level.

The law establishes a 45-hour workweek with a weekly rest day. Overtime is limited to three hours per day and 270 hours a year. The law mandates paid holiday and leave and premium pay for overtime but allows for employers and employees to agree to a flexible time schedule.

The Ministry of Labor and Social Security’s Labor Inspectorate is responsible for enforcing wage and hour laws. The government effectively enforced wage and hour provisions in the unionized industrial, service, and government sectors but not in other sectors. Workers in nonunionized sectors had difficulty receiving overtime pay to which they were entitled by law. The law prohibits excessive compulsory overtime. Labor inspectors conducted scheduled and unannounced inspections and had the authority to initiate sanctions. In 2020, the latest year for which data was available, inspectors conducted 9,170 inspections, the majority of which were unannounced. The number of labor inspectors, however, was insufficient to enforce full compliance. Penalties for wage and hour violations were not commensurate with those for similar crimes.

Occupational Safety and Health: Government-set occupational safety and health (OSH) standards were not always up to date or appropriate for specific industries. OSH violations were particularly common in the construction and mining industries, where accidents were frequent, and regulations inconsistently enforced. The Assembly for Worker Health and Safety reported at least 1,494 workplace deaths during the first eight months of the year. These figures included COVID-19-related deaths. In many sectors, including mining, workers could not remove themselves from situations that endangered their health or safety without jeopardizing their employment, and authorities did not effectively protect vulnerable employees. The same labor inspectors that cover wage and hour are also responsible for enforcing occupational safety and health laws. The number of labor inspectors remained insufficient to enforce compliance with labor laws across the country. The government did not effectively enforce occupational safety and health in all sectors, and penalties for violations were not commensurate with those of similar crimes.

Informal Sector: Wage and hour laws did not cover workers in the informal economy, which accounted for an estimated 25 percent of GDP and more than one-quarter of the workforce. OSH laws and regulations covered both contract and unregistered workers but did not sufficiently protect them. Migrants and refugees working in the informal sector remained particularly vulnerable to substandard work conditions in a variety of sectors, including seasonal agriculture, industry, and construction. A majority of international protection status holders and temporary protection beneficiaries were working informally, as employers found the application process for work permits too burdensome (see section 2.f., Protection of Refugees).

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