The prohibition of discrimination is at the heart of international human rights law and is also specifically regulated in many international and regional human rights conventions. Article 2 of the Universal Declaration of Human Rights, Article 22 of the United Nations (UN) Covenant on Civil and Political Rights and Article 14 of the European Convention on Human Rights (ECHR) set out the basic principles of the prohibition of discrimination within this framework. The prohibition of discrimination is an integral part of the principle of equality.

In the 10th article of the Constitution of the Republic of Türkiye titled "Equality before the law", it is stated that everyone is equal before the law, regardless of language, race, colour, gender, political thought, philosophical belief, religion, sect and similar reasons. Discrimination based on “gender, race, color, language, religion, belief, sect, philosophical and political opinion, ethnic origin, wealth, birth, marital status, health status, disability and age” is prohibited in the enjoyment of legally recognized rights and freedoms in Article 3 of the Turkish Human Rights and Equality Institution Law No. 6701.

The right to education is a right directly guaranteed by the Constitution. In addition, education, as a public service, is not only a service with direct benefits, but also a service with broad social functions (Mehmet Reşit Arslan and others App. No: 2013/583, 10/12/2014, para 66). The implementation of relatively affordable tariffs for students in public transport fares is a result of access to the right to education and the social state principle included in the Constitution.

On the other hand, the establishment of third-age universities is becoming widespread in order to ensure the participation of high-age people in society, the protection of their honor and dignity, and the support of their personal development throughout the world, and the proportion of individuals receiving education in society is increasing. Considering the spread of third-year universities, which have started to be implemented with different contents in different countries with the understanding of inclusive education, allegations that the Istanbul Metropolitan Municipality Council Decision has a perspective that restricts the right to education may come to the fore (TİHEK, App. No: 2021/1121, Decree No : 2022/384, 5/8/2022, para. 28).

Within the scope of the Law No. 6701, TIHEK has the authority to conduct an ex officio investigation and impose administrative sanctions on natural and legal persons who violate the prohibition of discrimination. Our Institution, whose basic mission is to guarantee the right of people to be treated equally based on human dignity, to prevent discrimination in the enjoyment of legally recognized rights and freedoms, closely follows the practices reflected in the written and visual media within the framework of this institutional mission.

Respectfully announced to the public.