LEGAL INFORMATION

Article 10 of the Constitution of the Republic of Türkiye states that measures taken for children, older people, persons with disabilities, the widows and orphans of war and duty martyrs, and disabled veterans shall not be regarded as contrary to the principle of equality. The UN Convention on the Rights of Persons with Disabilities was ratified by Council of Ministers Decision 2009/15137 of 27 May 2009 and became part of domestic law. Article 9 of the Convention, titled “Accessibility”, requires appropriate measures so that persons with disabilities can access the physical environment, transport, information and communication, and facilities open to the public on an equal basis with others.

Existing official buildings of public institutions, all existing roads, pavements, pedestrian crossings, open and green areas, sports areas and similar social and cultural infrastructure, and all buildings made by natural or legal persons that serve the public, shall be brought into a condition accessible to persons with disabilities within eight years of the date this Law enters into force.

Metropolitan municipalities and municipalities take the measures required so that the public transport services they provide or supervise are accessible to persons with disabilities. Existing private and public vehicles shall be made accessible within eight years of the Law’s entry into force.

Monitoring and inspection are carried out in each province by a commission formed of representatives of the ministries of Family and Social Policy, Interior, Environment and Urbanisation, and Transport, Maritime Affairs and Communications, together with confederations of persons with disabilities. Where shortcomings are found, an additional period of no more than two years from the end of the original period may be granted.

Owners of publicly accessible buildings, open areas and public-transport vehicles (natural and private-law legal persons) who fail to meet their obligations are fined TL 1,000 to TL 5,000 per finding, not exceeding TL 50,000 in a year. Metropolitan municipalities, municipalities and other public bodies are fined TL 5,000 to TL 25,000 per finding, not exceeding TL 500,000 in a year. Fines must be paid within one month of notification; the proceeds are appropriated in the ministry budget for accessibility projects.

Additional Article 1: To make the physical environment accessible and liveable for persons with disabilities, the relevant TSE standards must be followed in zoning plans and in urban, social and technical infrastructure areas and buildings.

Planned Areas Type Zoning Regulation: Buildings and open areas (roads, car parks, parks, pedestrian zones, squares, pavements) must be arranged in line with TSE standards for accessibility.

The Unplanned Areas Zoning Regulation and the Regulation on Principles of Plan Making also require TSE standards and disability-related legislation to be taken into account.

Gecekondu Law Implementation Regulation: Compliance with TSE and adjustments to building dimensions.

Parking Regulation: TSE compliance; at least 5% of spaces in public buildings, districts and general car parks, and not fewer than one space, must be reserved with a disability sign.

Additional Regulation on Shelters: TSE standards must be followed when building shelters.

Prime Ministry Circular 2006/18: recalls that the eight-year period in Provisional Article 2 of Law 5378 started on 7 July 2005; the greatest duty falls on local governments. Municipalities must observe TSE standards and accessible public transport.

Prime Ministry Instruction (12 August 2008): in new development and redevelopment areas, public buildings and buildings allocated to the public must be arranged in line with the legislation.

Municipal Law No. 5393, Art. 14: methods suited to persons with disabilities, older people, the destitute and low-income groups shall be used in service delivery.

Metropolitan Municipality Law No. 5216, Art. 7: social and cultural services for older people, persons with disabilities, women, young people and children.

Special Provincial Administration Law No. 5302, Art. 6: methods suited to persons with disabilities, older people, the destitute and low-income groups in service delivery.

Regulation on Procedures and Principles for Public Services, Art. 7: the administration takes the measures needed so that public services are easily accessible to persons with disabilities.

Circulars of the Interior Ministry (10 September 2008), the Ministry of Culture and Tourism (July 2012) and the Ministry of Health (2010/79) also require buildings, roads, green areas and health facilities to be made suitable for TSE standards and for use by persons with disabilities.