Constitutional Rights and Routes of Application

INTRODUCTION

The Constitution guarantees core areas such as life, liberty, private life, expression, property, education and access to justice. These guarantees shape the decisions of public authorities and their duty to protect rights. When a right is believed to have been violated, the first step is to identify the avenue of recourse that suits the nature of the event, gather the documents and keep track of the time limits. An individual application to the Constitutional Court is, in turn, a secondary avenue of protection with its own special requirements. [A1, A2]

This guide has been prepared for the explanatory legal guides section of Güneş & Güneş Law Firm. It explains how constitutional guarantees relate to everyday life and how the avenues of recourse differ from one another. The source review date is October 12, 2026. The text does not replace a time-limit calculation or a petition for a specific case.

The Constitution does not merely regulate the institutions of the state. It also protects the individual’s dignity, liberty and rights. Under Constitution Art. 11, constitutional provisions are fundamental legal rules that bind the legislature, the executive, the judiciary, the administration and other persons and institutions. Rights also matter in interpreting concrete disputes. [A1]

A medical intervention, a detention, workplace monitoring, a sanction imposed because of expression or a real property dispute may each be subject to different laws. Even so, the relevant constitutional guarantee can be identified in each of them. The first task, rather than merely saying that the event was “unjust,” is to explain which right was interfered with and by what conduct.

The duty of the state covers both refraining from unjust interference and providing the protection that enables rights to be exercised. Constitution Art. 5 forms the general basis of this protective duty. Even in a dispute between private persons, courts may need to take fundamental rights into account. [A1, A3]

Constitution Art. 13 requires that restrictions on fundamental rights be based on law, comply with the relevant constitutional grounds and not affect the essence of the right. A restriction cannot be contrary to the requirements of a democratic social order and of the secular Republic, or to the principle of proportionality. The special guarantees in the article governing the right concerned apply separately. [A1]

In assessing a restriction, the legal basis, the aim and the suitability of the chosen means for that aim are examined together. If the same aim can be achieved with a lighter means, the justification for a heavy interference is questioned separately. The general statements of an administration or a court must explain why the specific case required this interference.

The status of rights in a state of emergency

Constitution Art. 15 provides a separate framework of assessment for war, mobilization or a state of emergency. Measures are limited to the extent required by the situation and cannot violate obligations arising from international law. The article also contains core guarantees that continue to be protected. A state of emergency does not mean that all rights are suspended without limit. [A1]

With respect to foreigners, Constitution Art. 16 provides that restrictions may be imposed by law in a manner consistent with international law. Some political rights depend on citizenship. For this reason, the scope of rights granted to “everyone” and of rights specific to citizens must be read separately. [A1]

The table is an orientation tool; it does not contain all the conditions of the rights or all the provisions of the Constitution. One event may concern more than one guarantee. It should not be concluded that every right in the Constitution can be examined independently through an individual application to the Constitutional Court (AYM). [A1: Art. 148; A2: Art. 45]

Constitution Art. 17 protects life and the material and spiritual existence of the person, and prohibits torture and maltreatment. The state’s use of force, known threats, certain aspects of health care and the investigation of serious allegations of violation are assessed within this protection. Depending on the nature of the event, the duties to refrain from interference and to provide effective protection arise together. [A1, A4]

Constitution Art. 19 regulates the cases of deprivation of liberty and the guarantees relating to them. The apprehension or arrest of a person cannot be accepted as lawful in every case; constitutional and statutory conditions are required. The reasons for the measure, judicial review and the relevant time limits must be examined in the specific file. [A1]

In preparing an application, the times of apprehension and release, decisions, medical records, objections and notification documents should be organized. However, the same avenue of recourse is not exhausted in every complaint about liberty. There may be procedural differences between continuing detention, detention that has ended and claims for compensation; a general scheme cannot replace the review of a file.

Constitution Art. 20 regulates private and family life, as well as the right to request the protection of personal data. Arts. 21–22 contain special guarantees for the home and for communication. The fact that information or communication is in a digital environment does not mean it falls outside constitutional protection. [A1]

In the AYM’s E.Ü. decision, the examination of e-mails at a private workplace was assessed in terms of the guarantees of personal data and communication. Questions such as the purpose of the examination, prior notification, necessity and scope matter. The AYM found a violation with respect to the protective obligation of the courts. This decision does not lead to the conclusion that all workplace monitoring is prohibited. [A3: §§ 53–69, 76–88 and the operative part]

In the field of family and children, Constitution Art. 41 must also be taken into account. The guarantees concerning the best interests of the child, the protection of the child and family relations are applied within the specific circumstances. The aim of protecting the family alone does not justify an interference with a person’s safety or other fundamental rights. [A1]

Constitution Art. 24 regulates freedom of religion and conscience, Art. 25 freedom of thought and opinion, and Art. 26 freedom to express and disseminate thought. Science and art are separately protected under Art. 27 and the press under Art. 28. The scope of these rights and the grounds for restricting them are not identical to one another. [A1]

In a sanction imposed because of a social media post, a news item, a work of art or an assembly, the context of the expression, the persons concerned, the means used and the effect of the sanction must be explained. The existence of competing interests such as private life, reputation and security makes an assessment necessary; merely naming these interests does not amount to sufficient reasoning. [A1: Arts. 13, 20, 24–28]

The rights to form associations and to hold meetings and demonstration marches are regulated in Arts. 33–34. Constitution Art. 34 grants a guarantee that unarmed and peaceful assemblies may be held without prior permission; the constitutional review of statutory regulations and restrictions is carried out separately. The nature of the assembly and the reason for and extent of the interference must be examined together. [A1]

Constitution Art. 35 guarantees the rights of property and inheritance; it permits restriction by law for the purpose of public interest. The right to property does not mean that all economic expectations are protected in the same way. The legal basis of the interest asserted, the nature of the interference and the burden placed on the person must be assessed. [A1]

Freedom of work and contract is regulated in Art. 48, and the right and duty to work in Art. 49. Guarantees on working conditions and rest, trade-union rights, collective bargaining, strikes and wages appear in the following articles. Labor disputes may be assessed together with these constitutional guarantees, in addition to the relevant labor law rules. [A1: Arts. 48–55]

If a constitutional claim is to be raised in a private-law dispute, a clear link must be established among the contract, the act, the damage and the judicial decisions. The statement “my right to property was violated” alone is not enough to show which guarantee was not applied and why.

The right to education and instruction is regulated in Constitution Art. 42, health and the environment in Art. 56, and social security in Art. 60. Constitution Art. 61 provides duties concerning groups in need of special protection. Social rights are part of the constitutional order; they should not be seen merely as assistance or an administrative preference. [A1]

Constitution Art. 65 states that social and economic duties are to be fulfilled within the priorities suited to their purposes and to the extent that financial resources are sufficient. This provision does not make it unnecessary to examine the specific guarantees of the relevant constitutional right or its connection with other rights. Which claim can be asserted through which legal avenue must be researched separately. [A1]

For example, an environmental event may affect life or private life in addition to the right to a healthy environment. A dispute concerning health care may also be linked to the integrity of the person and effective judicial protection. In an individual application to the AYM, this link must be established concretely; the existence of a heading in the Constitution alone is not sufficient. [A1: Art. 148; A2: Art. 45; A4]

Constitution Art. 36 guarantees the right to a fair trial, with claims and defense before judicial authorities by using legitimate means and avenues. Art. 37 regulates the guarantee of the lawful judge, and Art. 38 the basic principles concerning crimes and penalties. Access to justice is not an issue limited to the acceptance of a petition; it also matters that the claim is assessed under an appropriate procedure. [A1]

Constitution Art. 40 provides that, for violated constitutional rights, the opportunity to apply to the competent authority without delay must be ensured. In its acts, the state is obliged to indicate to the persons concerned which legal remedies and authorities they may apply to, and the time limits. However, incomplete information in an act should not be used as a basis for assuming that all time limits do not run automatically; the specific procedure must be examined. [A1]

Under Constitution Art. 138, the legislature, the executive and the administration are obliged to comply with court decisions; the implementation of decisions cannot be delayed. In assessing the effect of an application, the post-decision implementation stage must also be monitored. [A1]

On equality, the situations of the persons compared, the reason for the different treatment and its effect must be shown. Constitution Art. 10 also regulates the cases in which measures protecting certain groups are not considered contrary to equality. Equality is not applied mechanically as subjecting everyone to the same treatment in every case. [A1]

The rights to petition, to obtain information and to apply to the Ombudsman Institution are regulated in Constitution Art. 74. The effects of these avenues on duties and time limits in special laws differ. It should not be assumed that the time limit for a lawsuit or an individual application stops running because an application was made to some institution. [A1, A2, A5]

The need for a protective or interim measure in an ongoing serious danger must be assessed separately. A lawsuit resolving the main dispute and a measure preventing urgent harm do not serve the same function. The choice of avenue should be based on the nature of the event and the result sought.

Common sphere of protection and personal victim status

Constitution Art. 148 and Law No. 6216 Art. 45 are based on the rights jointly protected by the Constitution, the ECHR and the additional protocols to which Türkiye is a party. The violation must be connected to an act, action or omission of public authority. In events between private persons, a deficiency in the courts’ protective duty may establish this connection. [A1–A3]

The applicant must show that a current and personal right of theirs is directly affected. Private-law legal entities may apply only with respect to rights that belong to them; public legal entities cannot file individual applications. Foreigners cannot apply with respect to rights granted only to citizens. This does not mean that foreigners are deprived of the whole right of individual application. [A2: Art. 46]

Exhausting remedies and substantiating the claim

The effective remedies capable of redressing the violation must be used in accordance with procedure. The subsidiarity of the application requires that the relevant constitutional complaint have been brought before the competent authorities in substance. Abstract claims presented to the AYM for the first time, or ordinary processes that have not been completed, may raise an admissibility problem. [A2: Arts. 45–48; A6]

The AYM is not a new appellate authority for every legal or factual error. The direct abstract annulment of a law cannot be requested through an individual application. The assessment in the ordinary proceedings must be distinguished from the issue concerning the violation of a fundamental right. [A1: Art. 148; A2: Arts. 45, 49]

The 30-day time limit and the form of the application

The general time limit is 30 days from the exhaustion of the remedies, or, if no remedy is provided, from the date of learning of the violation. In addition to the notification of the final decision, the fact of an earlier learning may also matter for the time limit. Records such as learning of the decision through UYAP must therefore be examined in the file. [A2: Art. 47; A6]

For those who could not apply in time because of a valid excuse, there is a rule allowing an application with documents within 15 days from the end of the excuse. The acceptance of the excuse is assessed by the AYM; this rule is not an additional 15-day period granted to everyone. [A2: Art. 47/5]

The official application form, the necessary decisions, documents showing the avenues of recourse and the dates of learning, and other relevant annexes should be organized. Representation by a lawyer is not mandatory; if there is representation, a power of attorney is submitted. Fee or legal-aid conditions are addressed under the current procedure. [A2: Art. 47; A6]

Applications by lawyers through the UYAP Lawyer Portal began to be accepted on October 1, 2025. This arrangement does not mean that sending an ordinary e-mail is a valid avenue for an individual application. The official channels and the form instructions should be checked on the day the application is made. [A7]

Outcome of the decision and redress

The admissibility examination and the merits examination are different. If a violation is found, avenues such as retrial or, if the conditions are met, compensation may come into play to remedy the consequences. The effect of an AYM decision must be determined by reading the operative part and the reasoning for redress together. [A2: Arts. 48–50]

The ECtHR reviews the Convention obligations of the states party to the ECHR. In general, effective domestic remedies must be exhausted and the application must be made within four months of the final domestic decision. For Türkiye, the question of exhausting an AYM individual application is assessed within the framework of the scope and effectiveness of the avenue for the complaint concerned. [A5: Arts. 34–35]

The AYM’s 30-day time limit and the ECtHR’s four-month time limit are not free waiting periods that add up to each other. Each is subject to its own starting fact and procedure. It also matters that the ECtHR form be completed in full and sent on time with the necessary documents. The six-month period found in older books is not the current general rule. [A5, A8]

• Put the events, decisions and dates of learning in chronological order.
• Identify the right you believe was violated and the relevant constitutional guarantee.
• Explain the state’s interference or the protective duty it failed to fulfill.
• Mark separately the document supporting each important fact.
• Record the avenues of recourse used and the responses received.
• If there is an ongoing danger, assess the need for an interim measure separately.
• Do not count the time limit from the calendar alone; also verify the legal basis of the starting date.
• Link the redress sought to the violation asserted.

This checklist does not indicate that an application will be accepted. Its aim is to reduce the loss of information that an incomplete or scattered file may cause. All procedural requirements of the application must be checked against the relevant legislation and current official announcements.

Constitutional rights are concrete guarantees that affect a person’s daily life and relations with public authorities. Effective access to justice begins with identifying the right at issue, documenting the concrete facts, using the appropriate avenue and protecting the time limit. The AYM and ECtHR avenues are important parts of this order; they should not be seen as an automatic or first avenue of recourse for every dispute.

FAQ

Can I go directly to the AYM for every right written in the Constitution?

No. Conditions such as the common sphere of protection, personal victim status, exhaustion of domestic remedies and the time limit are required. The scope of the rights recognized in the Constitution is broader than the subject-matter scope of the individual application. [A1: Art. 148; A2: Arts. 45–48]

Can an individual application be made without a lawyer?

Yes. Representation by a lawyer is not mandatory. However, the application form, the annexes, the grounds of violation and the time-limit requirements apply in full. If there is representation, a power of attorney in proper form must be submitted. [A2: Art. 47]

Does the conduct of a private employer concern constitutional rights?

Yes, it may, depending on the nature of the event. In an individual application, how the state, and the courts in particular, fulfill their duty to protect rights can be examined. The E.Ü. decision is an example with respect to the monitoring of communications at the workplace. [A3]

If I complain to an institution, is my time limit for a lawsuit protected?

Not in every case. Which law the application is subject to and its effect on the time limit must be determined separately. Relating to the same event does not automatically tie the time limits of two avenues to each other. [A1: Arts. 40, 74; A2: Art. 47]

Is every file lost at the AYM admitted by the ECtHR?

No. The ECtHR has its own subject-matter, time-limit and other admissibility requirements. An AYM decision alone does not determine the admission of an international application or the finding of a violation. [A5: Arts. 34–35]

Does a violation decision automatically remove the old judgment?

Redress is assessed according to the operative part of the relevant AYM decision and Law No. 6216 Art. 50. If a retrial has been ordered, there are steps to be taken by the relevant judicial authority. It should not be assumed that the result is an automatic acquittal or a payment of a particular amount. [A2]

SOURCES

[A1] Constitution of the Republic of Türkiye — TBMM. In particular Arts. 5, 10–26, 28, 33–42, 48–65, 67–74, 90, 125, 138, 148 and 153; TBMM Constitution access page.
Constitution of the Republic of Türkiye — TBMM

TBMM Constitution access page

[A2] Law No. 6216 on the Establishment and Rules of Procedure of the Constitutional Court, Arts. 45–50.
Law No. 6216 on the Establishment and Rules of Procedure of the Constitutional Court

[A3] AYM, E.Ü. [GK], B. No: 2016/13010, 17/9/2020, §§ 53–69, 76–88 and the operative part.
AYM, E.Ü. [GK], B. No: 2016/13010, 17/9/2020

[A4] AYM, Serpil Kerimoğlu and others, B. No: 2012/752, 17/9/2013, §§ 50–60, 95 and the operative part.
AYM, Serpil Kerimoğlu and others, B. No: 2012/752, 17/9/2013

[A5] European Convention on Human Rights and additional protocols — ECtHR, in particular Arts. 34–35.
European Convention on Human Rights and additional protocols — ECtHR

[A6] AYM, Individual application guide; Rules of Procedure; frequently asked questions.
AYM, Individual application guide

Rules of Procedure

frequently asked questions

[A7] AYM, Individual applications began to be accepted through the UYAP Lawyer Portal, 1/10/2025; official online application guide.
AYM, Individual applications began to be accepted through the UYAP Lawyer Portal

official online application guide

[A8] ECtHR, Notes on completing the application form. The current version of the form and its annexes should be checked on the date of application.
ECtHR, Notes on completing the application form