Gender Discrimination in taking part of Public Service

Abstract

Equality is the state in which people have the same status and value because they have the same human nature. As a principle, equality implies that people are equal to each other and therefore there should be no discrimination between people. It is understood from the decisions of the Council of State that the principle of equality, which has two types of meanings as absolute and relative equality, is used today not as absolute equality, which means the equal application of legal norms to everyone, but as the same treatment for those in the same legal situation and different treatment for those in different legal situations. The principle of positive discrimination, which is considered as an extension of the principle of equality, aims to put equality into practice. As a requirement of the principle of positive discrimination, the administration is obliged to ensure the legal security of those who are disadvantaged in society. The 1982 Constitution contains regulations on equality. Gender discrimination is also included among the types of discrimination prohibited in Article 10, which occupies an important place among these regulations. Benefiting from public service is also a constitutionally guaranteed right. In this study, the approach of the Council of State to the right to enter public service from the point of gender discrimination is examined. In this context, in this study, firstly, the legal framework of the principle of equality is mentioned, the concepts of absolute and relative equality, which are the types of this principle, how the principle of equality is handled in Article 10 of the 1982 Constitution, and the issue is examined based on the decisions of the courts on gender discrimination at different times.