TİHEK’s Guide Dog Decision: IBYBE Faces 150,000 Lira Fine – Vezir Agency Report

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Ensuring Independence for Visually Impaired Individuals

Guide dogs play a vital role in empowering visually impaired persons, enabling them to navigate their surroundings with confidence and independence. Recognizing this essential function, the Turkish Human Rights and Equality Institution (TİHEK) has taken a significant step to uphold the rights of disabled individuals.

In a groundbreaking case, TİHEK determined that a visually impaired person faced discrimination when they were barred from entering a social facility operated by the Istanbul Metropolitan Municipality (İBB) solely because they were accompanied by their guide dog. This decision not only emphasizes the importance of accessibility but also sets a precedent for protecting the rights of disabled persons across Turkey.

The Incident and Legal Proceedings

The case involved M.K., a resident of Istanbul who relies on their guide dog for safe and independent mobility. M.K. attempted to access the social facility managed by the İBB but was refused entry on the grounds that pets are not allowed, with the explanation that the guide dog was considered a pet.

Feeling that their rights were violated, M.K. filed a complaint with TİHEK, asserting that the refusal constituted discrimination based on disability. During the investigation, the İBB’s response claimed that entry with a guide dog was permissible only if the animal was transported in a carrier and was restricted to outdoor areas, maintaining that no discrimination had occurred.

Decision and Rationale

After thorough evaluation, TİHEK concluded that the İBB’s policies infringed upon the legal protections against discrimination based on disability. The institution imposed an administrative fine of 150,000 TL on the municipality as a corrective measure.

Recognition of the unique status of guide dogs

The decision underscored that guide dogs are not mere pets but essential tools that enable their owners to participate fully in social life. It was stressed that considering guide dogs as pets would unjustly restrict the rights of disabled individuals to access public spaces.

Core Principles and Considerations

• Indispensable role of guide dogs: They facilitate independent and safe movement for visually impaired persons, promoting social inclusion.
• Legal and ethical obligation: Public facilities must accommodate guide dogs without discrimination, ensuring equal access.
• Exceptions and limitations: While considerations such as allergies or fears among other visitors are valid, the municipality failed to provide any such evidence in this case.
• Holistic approach to disability rights: The decision highlights the importance of viewing disabled persons and their assistive tools as an inseparable whole, essential for their full societal participation.

Conclusion

This landmark ruling affirms that accessibility and non-discrimination are fundamental rights for individuals with disabilities. It reinforces the principle that public institutions must adapt their policies to accommodate assistive devices like guide dogs, thereby fostering an inclusive society where everyone can participate fully and independently.

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