Eşitlik, Pozitif Ayrımcılık ve Dağıtıcı Adalet İlkeleri Çerçevesinde İdarenin Yükümlülüklerinin Değerlendirilmesi
Year: 2023
Type: article
Abstract: Every human being is born with dignity and wants to lead a life with dignity. In order to do so, one must possess certain inherent rights, namely human rights, for which being born human is enough. In this sense, everyone possesses equal human rights. However, some people may become disadvantaged after birth for different reasons against their will compared to others. These disadvantages negatively affect equality among people and harm social justice. For this reason, disadvantaged people are given some compensatory rights in order to ensure equality and social justice among people, with equality among individuals on one hand and social justice on the other being realized through the principle of equity. Of course, justice and equality do not appear all on their own, and important responsibilities fall on the administration regarding this point. Through the principle of a social state, the administration is obliged to take measures that will eliminate injustice and inequalities among the people This paper examines the meaning of the principle of positive discrimination and its relationship with the principle of equality in terms of distributive justice and evaluates administrative obligations in this regard. The article discusses some of the practices and regulations that are made as forms of positive discrimination in terms of being contradictory to the principle of equality under law, with a critical discussion in particular on the issue of whether positive discrimination is in favor of women who have no disabilities or of a particular situation. The paper’s conclusion identifies some of the deficiencies on the subject and makes certain suggestions for solutions.
DOI: 10.26650/ihid.21.008
Author: Seyithan Kaya
Language: Turkish
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4367055703