ABSTRACT

This chapter analyses different protections available under Turkish criminal law which cover discrimination in economic fields, hate crimes and hate speech, inciting hatred and animosity, and 'insulting Turkishness'. An examination of Turkish legislation demonstrates that there are some provisions that are claimed as ensuring equality among diverse groups by guaranteeing non-discrimination and preventing acts of group defamation. The concept of equality has been formulated as 'equality before the law' in each of Turkey's Constitutions. The principle assumes legal equality since every person is a legal entity because of his or her 'human nature' and 'honour'. It aims to prevent distinctions on the grounds of language, race, religion, and so on, among citizens in the treatment of each as a 'legal entity'. Although non-Turkish and non-Muslim groups have been protected in some cases, neither the laws nor the jurisprudence have created a system where non-Turkish, non-Muslim elements may be protected from discrimination, hate speech and hate crime.