Expat Remedies: Turkey’s Anti-Discrimination Laws

Published on October 4, 2025 and written by Cyril Jarnias

Expatriation can offer a myriad of opportunities, but it also comes with challenges, particularly regarding workplace rights and protection against discrimination.

In Turkey, establishing robust anti-discrimination laws is essential to ensure equality in the workplace, a topic particularly relevant for expatriates facing potentially discriminatory practices.

While the country is making progress in aligning its legislation with international standards, it is crucial for expatriates to be well-informed about the available remedies in case of discrimination, whether based on race, gender, religion, or sexual orientation.

This article explores the nuances of Turkish discrimination legislation, while providing practical advice for defending one’s rights in a foreign professional environment.

Protection Mechanisms Against Discrimination in Turkey

Main Anti-Discrimination Laws in Turkey

Turkey has several legislative instruments aimed at combating discrimination:

Law / Provision	Main Description	Scope of Application
Law on the Human Rights and Equality Institution (No. 6701, 2016)	Prohibits any discrimination based on gender, ethnic origin, nationality, skin color, language, religion, political or philosophical opinion, wealth, birth, marital status, health condition, disability, or age. Defines and prohibits psychological harassment (“mobbing”) at work.	All sectors, public and private
Turkish Constitution (amendments)	Guarantees equality before the law and explicitly prohibits discrimination.	Constitutional principles

Turkey has also signed certain international treaties, but its withdrawal from the Istanbul Convention in 2021 was widely criticized by civil society and the international community.

Responsible Institutions and Agencies

• Human Rights and Equality Commission (TIHEK)
  • Independent body responsible for receiving and examining discrimination complaints, conducting investigations, and proposing administrative sanctions.
  • TIHEK can act on its own initiative or following an individual complaint.
• Turkish Courts
  • Competent to handle judicial appeals in cases of discrimination, complementing TIHEK’s actions.

Procedures and Remedies for Expatriates Victims of Discrimination

• Filing a Complaint with TIHEK
  • Any person, including expatriates, can file a complaint with TIHEK via an online form or by registered mail.
  • Processing time: TIHEK must examine the complaint and, if necessary, conduct an investigation.
• Mediation
  • TIHEK may propose mediation between the parties to reach an amicable solution.
• Judicial Remedies
  • In case of dissatisfaction or severity of the facts, it is possible to file a case with civil or administrative courts.
  • Expatriates have access to the same remedies as Turkish citizens.

Examples of Remedies:

• A foreign national victim of wrongful termination for racial reasons obtained a conviction of their employer following a TIHEK decision, accompanied by an administrative fine and reinstatement obligation.
• Landmark cases also involve workplace psychological harassment, recognized as a form of discrimination by Turkish legislation.

Concrete Examples of Court Decisions or Landmark Cases

Case / Decision	Outcome Obtained
Discrimination in hiring a foreigner	Administrative sanction against the employer, compensation for the complainant.
Workplace psychological harassment	Recognition of mobbing as discrimination, fine and reinstatement order.
Cancellation of Istanbul Pride March (2025)	Police repression, arrest of participants, reactions from European institutions denouncing violation of non-discrimination principle.

Current Challenges for Expatriates and Perception of Anti-Discrimination Laws

Despite the existence of a legal framework, expatriates face persistent difficulties:

• Linguistic and administrative barriers when filing complaints.
• Reluctance of institutions to handle certain cases, especially those involving sexual or ethnic minorities.
• Political climate: The adoption or consideration of laws restricting LGBTQIA+ rights raises growing concern within expatriate communities.
• Withdrawal from the Istanbul Convention perceived as a major setback for women’s and minority rights.

Perception by International Communities:

Embassies and international NGOs consider the legal framework incomplete and denounce the gap between law and practice, especially for visible minorities and LGBTQIA+ individuals.

European reports emphasize the need to strengthen institutional independence and ensure effective access to justice for all, including expatriates.

Key Takeaways

Turkey has an anti-discrimination legal arsenal, but its implementation remains uneven, with significant challenges for expatriates, particularly regarding recognition of discrimination based on sexual orientation, gender, or origin.

Foreigners’ Rights and Combating Discrimination

Laws Protecting Expatriates Against Discrimination in Turkey

• Turkish Constitution: Article 10 establishes that “all individuals are equal without any discrimination before the law, regardless of language, race, color, sex, political opinion, philosophical belief, religion, sect membership, or any similar consideration.” No privilege may be granted to an individual, family, group, or class.
• Labor Code (Law No. 4857): Article 5 explicitly prohibits any discrimination in employment and working conditions, covering both nationals and foreigners.
• Law on Human Rights and Equality Institution of Turkey: This text protects against discriminatory practices, including towards expatriates.
• Turkish Penal Code (2005): Several articles penalize acts of discrimination, notably Article 216 which targets incitement to social, racial, religious, or regional hatred or hostility.
• Law on Foreigners and International Protection (Law No. 6458): Guarantees certain fundamental rights for foreigners, while specifying their obligations.
• International instruments ratified by Turkey:
  • European Convention on Human Rights (Art. 14 on non-discrimination)
  • International Convention on the Elimination of All Forms of Racial Discrimination
  • Other UN conventions related to human rights

Summary of Main Legal Provisions

Law or Instrument	Main Protection	Application to Expatriates
Constitution (Art. 10)	Equality before the law, broad prohibition of discrimination	Yes, for all residents
Labor Code (4857)	Prohibition of discrimination in employment, wages, working conditions	Yes, explicitly mentioned
Penal Code (216)	Suppression of incitement to hatred/discrimination	Yes, any individual
Human Rights Law	Remedies against various forms of discrimination	Yes
ECHR, UN conventions	Non-discrimination, equality, access to justice	Yes, via ECHR jurisdiction

Available Remedies for Expatriates in Case of Discrimination

• Labor Courts: Direct action in case of workplace discrimination (wages, hiring, termination).
• Labor Inspection Board: Filing a complaint for administrative investigation.
• National Institutions:
  • Human Rights and Equality Institution of Turkey: Remedies for any discrimination, including outside the professional sphere.
• European Court of Human Rights (ECHR): Remedy if national avenues have failed.
• Legal Aid:
  • Legal assistance services available through local bar associations.
  • Law firms specialized in labor and foreigner law.
• Active NGOs:
  • Human Rights Association (IHD)
  • Amnesty International Turkey
  • Association of Lawyers for Freedom (ÖHD)
  • International organizations (e.g., UN, HRW)

Examples of Remedies and Assistance

• Complaint filed with the Labor Inspection Board for wage inequality or harassment.
• Procedure before the Equality Institution for discrimination in access to housing or services.
• Appeal to administrative courts for unjustified denial of permits or social rights.

Recent Cases or Exemplary Judicial Decisions

• ECHR Decisions: To date, the ECHR has not condemned Turkey for violation of Article 14 (non-discrimination) regarding foreigners, but several cases have involved indirect discrimination, particularly concerning access to justice or housing.
• National Cases: Several recent judgments have convicted employers for wage discrimination against foreign workers, imposing compensation for damages and administrative fines.
• Jurisprudence on racial hatred: Convictions have been issued based on Article 216 of the Penal Code for incitement to hatred against refugees or migrants.

Examples of Aid or Remedy Organizations

Type of Organization	Name / Description
Governmental	Labor Inspection Board, Equality Institution
Legal	Local bar associations, specialized law firms
NGOs / Associations	Amnesty International Turkey, IHD, ÖHD
International	UN, HRW, Council of Europe (ECHR)

Points to Watch

Some protections do not explicitly cover sexual orientation, gender identity, or refugee status, which limits the effectiveness of combating all forms of discrimination.

Despite legal protections, enforcement remains uneven and heavily dependent on local jurisdictions and victims’ awareness of their rights.

Every expatriate in Turkey benefits from constitutional and legal protections against discrimination, both at work and in social life, and has access to several administrative, judicial, and associative remedies, including access to the European Court of Human Rights.

The Role of the Protection Commission in Turkey

The Protection Commission in Turkey, officially called the Human Rights and Equality Institution of Türkiye, was established in 2016 by Law No. 6701. Its central mission is to combat all forms of discrimination and act as an equality body, while also serving as the national human rights institution.

Establishment	Composition	Main Mandate
2016 (Law No.6701)	11 members (a president, a vice-president, appointed by the President and the Cabinet)	Combating discrimination, promoting equality

Main Missions and Specific Competencies:

• Prevent and combat discrimination based on ethnic origin, language, religion, sex, or other grounds.
• Act as the national preventive mechanism in accordance with OPCAT Art. 3.
• Receive complaints regarding violations of the right to equality.
• Advise public authorities on anti-discrimination policies.
• Collaborate with parliamentary commissions such as the Human Rights Investigation Commission or the Equal Opportunities between Men and Women Commission.

Mechanisms for Responding to Expatriates’ Discrimination Complaints:

• Possibility for any person residing in Turkey (including expatriates) to file a complaint directly with the commission via written or electronic form.
• Personalized assistance in preparing the file; referral to legal aid if necessary.
• Individual follow-up of the case until resolution or referral to competent authorities if needed.

Standard Procedure:

1. Formal complaint filing
2. Acknowledgment of receipt & preliminary analysis
3. Internal investigation (possible request for additional information)
4. Mediation or official recommendations to concerned parties
5. Psychological/legal support for victims

Types of Support Offered to Victims:

• Referral to specialized legal services
• Official recommendations to faulty employers/administrations
• Individual follow-up until effective redress

Collaboration with Other National/International Organizations:

Non-exhaustive list:

• Turkish Parliamentary Advisory Council
• Ombudsman’s Office
• Local NGOs
• International organizations such as ECRI (European Commission against Racism and Intolerance), UN High Commissioner for Human Rights

The commission also participates in:

• Continuous training of judges on international anti-discrimination standards
• Joint projects with the Council of Europe aimed at strengthening its institutional independence

Concrete Examples / Landmark Cases Handled:

The commission has ruled favorably in several cases involving:
– Illegal denial of access to public housing based on ethnic grounds,
– Wage discrimination against expatriate women,
– Mass reports during Turkey’s withdrawal from the Istanbul Convention regarding violence against refugee women.

In these specific cases:

• Complainants obtained financial compensation,
• Administrative sanctions were recommended against some public employers,
• Media coverage allowed rapid evolution in certain sensitive sectors.

Recent Legal Developments Concerning Its Role/Attributions:

• Extension since last May of the intervention scope following amendment of the Criminal Procedure Code;
• Expected strengthening after international criticism regarding relative lack of independence;
• Open discussions on a national “Women, Peace and Security” plan aiming particularly at better institutional inclusion;

The Commission today plays a central role in the structural fight against all forms of discrimination—particularly those targeting national minorities, expatriate women, or refugees—through its dedicated mechanisms and active collaboration with local and international actors.

Despite certain limits pointed out by NGOs and European institutions regarding its actual reach vis-à-vis the executive power, it remains essential in the recent legal evolution towards more effective equality.