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Turkish national unlawfully discriminated against
In Boyraz v Turkey the European Court of Human Rights has ruled that a Turkish national was unlawfully discriminated against on the grounds of sex contrary to Article 14 of the European Convention on Human Rights, read together with Article 8. She was initially appointed as a security officer in a state run electricity company but this was cancelled because apparently she did not fulfil the requirements of “being a man” and “having completed military service”. The ECtHR held, amongst other things, that the concept of “private life” in the convention extends to personal identity; and an inherent part of this is a person’s sex. It held that in this case, dismissal from a job purely because of your sex would have a potentially dramatic adverse effect on someone’s self perception and self respect, and therefore private life.
Turkey clearly has a way to go to catch up on non-discrimination provisions…
This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.
For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.
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