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- Title
Anayasa Mahkemesi Kararı Işığında Çalışma Hakkı ve Ayrımcılık Yasağı Açısından "Barış Akademisyenleri" İhraçları.
- Authors
ÇELİK, Aziz; ÖZVERİ, Murat
- Abstract
Throughout the history of the Republic of Turkey, there have been various dismissals and eliminations, which have violated the labour rights and scientific autonomy of scientists. In this study, after briefly discussing the academic dismissals/eliminations at Turkish universities throughout the history of the Republic, the dismissals in 2016 and afterwards, known as "Peace Academics", will be discussed in the light of the Turkish Constitutional Court and other judgments. The study is based on a social policy perspective, particularly in the context of the right to work, non-discrimination and the principle of equality. The 1933 and 1948 eliminations, the 147's (1960), the 1402's (1983), and the dismissals/eliminations of academics in 2016 are the most well-known examples of academic dismissals and eliminations in Turkey. With these large-scale academic eliminations, many scientists were dismissed. The dismissals of academics who signed a declaration titled "We will not be a party to this crime" is the largest academic eliminations in the history of Turkey. The Constitutional Court ruled that the declaration was not an offence as it was within the scope of freedom of expression, and various Turkish high criminal courts acquitted all the academics who signed the declaration and were prosecuted. Although the 2016 dismissals have been finalised in terms of constitutional and criminal law, the violations of rights (right to work, right to wages, right to social security, right to scientific activity) caused by these dismissals continue. The dismissed academics have not reinstated to their jobs despite judicial verdicts. The study will be based on the important concepts of social policy, namely the right to work, non-discrimination and the principle of equality. Violation of the right to work will be discussed within the framework of both social policy doctrine and national and international legal regulations and practices. In the study, academic dismissals will be evaluated in terms of national and universal legal rules and relevant judgments, especially the Constitutional Court. Despite the constitutional binding nature of the Constitutional Court judgments, the ongoing violations of rights will be analysed. The study will be written with a documentary and exploratory approach based on the comparative historical method, evaluating archival records and documents, judgments, and the theoretical framework on the subject.
- Subjects
RIGHT to work (Human rights); PEACE
- Publication
Çalışma ve Toplum, 2023, Vol 79, Issue 4, p3221
- ISSN
1305-2837
- Publication type
Article
- DOI
10.54752/ct.1364603