Action for annulment of pandemic restrictions on 65+ people

* Photo: Anadolu Agency (AA)

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The Foundation for Improving Common Life has appealed to the Administrative Court and requested that the curfew imposed on people aged 65 and over as part of pandemic measures be lifted.

Emphasizing that the related restrictions on the elderly will reinforce the public perception of "unnecessary and vulnerable" elders, the foundation has underlined the urgent need to amend this regulation.

As part of the pandemic measures, the citizens aged over 65 and under 20 are allowed to go out at 10 a.m. - 1 p.m. and at 1 p.m. - 4 p.m. respectively. Amid debates on this partial curfew, a further restriction on their use of public transportation is also a burning issue on the country's agenda.

Call to the Science Board

Against the background of these partial curfews and restrictions, the foundation has addressed the Health Ministry's Coronavirus Science Board, urging them to offer rational solutions for these decisions that otherize the elderly and portray them as worthless or useless.

Requesting an end to the restrictions causing discrimination, negligence and abuse, legists from the Foundation for Improving Common Life have applied to the Administrative Court and requested the annulment of the Interior Ministry circular depriving the old of their freedom of travel.

In their application to the court, the volunteers and members of the foundation have referred to Article 23 of Turkey's Constitution, which openly guarantees citizens' freedom of travel. 

Their petition has indicated that according to the Constitution, this freedom can only be restricted only for reasons cited in the Constitution.

Article 23 of the Constitution: "Everyone has the freedom of residence and movement. Freedom of residence may be restricted by law for the purpose of preventing crimes, promoting social and economic development, achieving sound and orderly urbanization, and protecting public property. Freedom of movement may be restricted by law for the purpose of investigation and prosecution of an offence, and prevention of crimes."

The foundation has stressed that the freedom of travel of millions of people aged 65 and over cannot be restricted with the circular of a ministry.

It has noted that the related restrictions are also against the international agreements and conventions that Turkey is a party to, such as the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and the European Convention on Human Rights (ECtHR).

'The decisions were not taken in empathy'

Yusuf Doğan, the Chair of the Foundation for Improving Common Life, has briefly stated the following about the issue:

"Our first call is to the Science Board... We are of the opinion that they need to urgently review their recommendations to ensure that the practices targeting the elderly do not lead to violations of human rights, discrimination and abuse on their part. We think that scientists, whom we value dearly, can offer recommendations and solution offers to the rulers in such a way that the elders can feel as important and valuable as other citizens.

"Decisions have been, unfortunately, not taken in empathy with the elderly so far. We have decided to take it to court for this reason. Because scientists say that restrictions can be lifted if the number of daily cases drops below a thousand. In that case, it is obvious that the health problems of the elderly will increase even more and their situation will become insurmountable. As you would also admit, the time is not on the elderly's side."

About the foundation

The Foundation for Improving Common Life was founded in 2016. It defends that all living beings live together and have the right to life and that language, religious beliefs or differences in sects, ethnic origin, nationality or gender do not give privileges to people or make anyone privileged. (AÖ/SD)