ECtHR: Statement of ‘Women Cannot Be Security Guards’ is Discrimination

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The European Court of Human Rights (ECtHR) has condemned Turkey to pay a material and immaterial compensation of 11 thousand Euro to Hülya Ebru Demirel due to gender discrimination.

The ECtHR has given its ruling regarding the application of Hülya Ebru Demirel, whose appointment as a security guard was annulled on the ground that she is a woman.

By a vote of seven to two, the ECtHR ruled that Turkey violated the Article 14 (prohibition of discrimination) and, correlatively, Article 8 (respect for private and family life) of the European Convention on Human Rights.

Her appointment was cancelled

Demirel passed the civil service examination in October 1999 and was designated as a security guard to the Kilis Directorate of the Turkish Electricity Distribution Corporation (TEDAŞ).

However, the corporation did not approve her designation because she was not a man who had not done his military services.

Though she won the discrimination case that she filed in 2001, the High Administrative Court reversed the decision.

Finally, Demirel appealed to the ECtHR on June 17, 2008.

ECtHR has ruled that it is a violation of rights

Deciding that the local courts did not state any other reason except for Demirel's gender preventing her designation as a security guard in Kilis, the ECtHR has associated the case with that of Emel Boyraz.

The court has ruled that Emel Boyraz's case was also held at the same court, but different rulings were made, which violates the Clause 1 of the Article 6 (fair trial principle).

Case of Emel Boyraz

The designation of Emel Boyraz as a security guard was also cancelled by the same corporation on the ground that "she was not a man" and "did not perform the military service."

Boyraz had resorted the letter, which was delivered to her on July 5, 2000 and stated that she would not be employed, to the jurisdiction.

However, when the corporation objected to the ruling of the Ankara Administrative Court, which was dated February 27, 2001 and found Boyraz justified, the 12th Chamber of the Council of State found the decision of the company justified on March 31, 2003 and supported its decisions as well as its justifications for not employing Boyraz.

As the last appeal of Boyraz, who was dismissed from her job on March 17, 2004, was rejected by the Ankara Administrative Court on February 21, 2006, she appealed to the ECtHR.

On December 2, 2014, it was ruled that Boyraz shall be paid a compensation of 10,000 Euro. (EG/BK/HG/SD)