A conference on “Article 23 of the Universal Declaration of Human Rights on Human Rights” was held by the European University of Lefke (EUL)- Law Faculty. The panel held at EUL Faculty of Law Conference Hall was initiated with the opening speech of the Dean of Faculty of Law- Prof. Dr. Nuri Erişgin’s.
The Dean of Faculty of Law Assist. Prof. Dr. Emrah Kırıt, Members of the Faculty Assist. Prof. Dr. Erdem Aybay, Assist. Prof. Dr.Yavuz Erdoğan, Assist. Prof. Dr.Yeliz Bozkurt Gümrükçüoğlu, Lecturer Çağlar Burak Burtan and student Aydın Işık have attended to the panel as speakers.
During the presentation entitled “The Comparative Study of the Constitution in the Context of the Law”, Kırıt stated that the Universal Declaration of Human Rights (UDHR) was prepared in 1948 and accepted at the United Nations General Assembly in Paris on 10 December 1948. “The cooperation on the protection of peace in the world essentially forms the basis of all rights and freedoms,” Kirit said, also conveyed information on the rights and freedoms covered by the UDHR, the right to work under Article 23, and the way in which it reflects the current provisions of various constitutions.
During the presentation entitled “Worker Rights According to Turkish Law of Obligations”, Erbay stated that Article 23 of the UDHR “1. Everyone has the right to work, to freely choose his work, to fair and favorable working conditions and to protect him from unemployment. 2. Everyone, regardless of any difference, has equal right to equal pay for work. 3. Everyone who works has the right to a fair and favorable concession to himself and his family, providing a suitable life for human dignity and, if necessary, supplemented by all means of social protection. 4. Everyone has the right to form and join trade unions to protect their interests “. Erbay stated that the right to work is linked to public law and stated that a person working in a job has to make a service contract and that the provisions governing working conditions in the individual service contract between the employee and the employer are included in the law of debts other than civil law.
Erdoğan, following his presentation on “Crimes Committed Against Work Freedom”, also provided detailed information on basic concepts relevant to job and work freedom, preserved legal value, crime elements; material elements, act- in means of action, violation of job and work freedom, perpetrator, victim, the case of crime, the effecting factor to crime, the especial cases of the crime, attempt, abet, conceal, sanction and investigation. Erdogan said, “Considering today’s economy system, the fact that “one cannot survive without working” it is a must to regulate the persons’ freedom of work and the amount one ears to determine the social position within the society and also to meet the needs of himself and his family.
Gümrükçüoğlu, during the presentation entitled “Guarantee of Union Liberty in Turkish Labor Law”, informed about union freedom, fundamental legal regulations on union freedom, international regulations, guarantee of union freedom, discrimination and different transaction prohibition in terms of working conditions, sanction of trade union discrimination except termination, disannul of termination and trade union compensation. Gümrükçüoğlu described the national regulations as the Constitution and Law No. 6356 on Trade Unions and Collective Labor Agreements and the International regulations as the European Convention on Human Rights, the European Social Charter, and the International Labor Organization (ILO) Conventions. Gümrükçüoğlu added that Article 11 of the European Convention on Human Rights states that “Everyone has the right to peacefully gather and to form associations. This right also includes the right to form unions and join unions with others in order to protect their interests “.
Burtan gave information on “Trade Union Rights of Police Officers and Supervisors under the European Union Acquis ” stated that since the Magna Carta signed in 1215, the fundamental rights and freedoms of the people have been limited by the power, the process of the French Revolution accelerated with the 1789 French Revolution, the 1st, 2nd and 3rd generation rights and the UDHR’s influence on today’s constitutions.
Burtan remarked that the 1982 Constitution strives to elucidate in detail every aspect of the society that is relevant and is recognized with the Constitutional amendment of the 1995, which grants the right to organize unions concerning civil servants.
During the presentation of “The Status of Some Disadvantaged Groups in Working Life in Turkey”, Işık explained the disadvantaged groups of individuals, the reasons for their disadvantages and the working conditions. Işık explained the causes of the disadvantages of individuals such as the disabled and former prisoners in terms of working life: introduction to working life, working life process, ending of working life, and also expressed the other reasons for socio-economic life as; social life isolation, exclusion, violence, exploitation, public pressure, body and soul health.