Akademik Veri Yönetim Sistemi
INFORMATICA, cilt.36, sa.1, ss.27-49, 2025 (SCI-Expanded)
Equality is a term that has found its place in national and international
legislation. However, it is seen that equality is sometimes included as a right and
sometimes as a basic principle in terms of benefiting from other rights in the
relevant regulations. Both in the legislation and in the Constitutional Court
decisions, it is stated that equality is a superior concept that also includes the
prohibition of discrimination. The Constitutional Court considers that equality is
both a right and a fundamental principle in terms of benefiting from other rights.
Our Constitution, by departing from the systematics of the 1924 and 1961
Constitutions, included equality not in the section of fundamental rights and
freedoms, but in the section of general principles, which includes the basic
principles related to the state. While some authors argue that equality is not a right,
based on the systematics of the Constitution, some other authors think that equality
is a right. However, when the literature on equality is reviewed, it is seen that the
relevant studies are generally gathered under the title of the principle of equality. In
this context, this study will discuss whether equality is a human right or not, based
on different legal regulations, the systematics of the constitution, different views in
the literature and the decisions of the Constitutional Court.