From complaint to recognition: a critical analysis of disability-based discrimination decisions by Türkiye’s equality body (TİHEK)

This article presents the first empirical analysis of disability-based discrimination complaints submitted to Türkiye’s Human Rights and Equality Institution (TİHEK). The study evaluates how TİHEK interprets key legal standards – such as reasonable accommodation, indirect discrimination, and dignity – and whether its rulings align with Türkiye’s domestic law and international obligations under the UN Convention on the Rights of Persons with Disabilities (CRPD). Based on a dataset of 218 publicly available decisions from 2018 to mid-2025, the findings reveal that only 21% of complaints were upheld, while the majority were dismissed, ruled inadmissible, or resolved without official findings. Complainants frequently encountered procedural hurdles and high evidentiary burdens, with limited access to effective remedies. TİHEK’s case-by-case, reactive approach – combined with a narrow, formalist interpretation of discrimination – often limited its systemic impact. While some rulings reflect genuine engagement with CRPD principles, many failed to address structural barriers. The study argues for a shift toward a more proactive enforcement model, emphasising inclusive design, institutional accountability, and the recognition of denial of accommodation as a distinct form of discrimination. By highlighting the implementation gap in Türkiye’s disability rights regime, this article contributes to broader debates on equality bodies and human rights enforcement in Global South contexts.