ECHR throws out case against Turkey
The European Court of Human Rights (ECHR) has dismissed the case of a disabled Turkish resident who declared that his rights were being violated due to the lack of suitable and adequate toilet facilities within the workplace in Turkey.
This court in the case of Mehmet Bayrakci vs. Turkey held that this decision was taken because the claimant did not seek redress in the Turkish courts against state authorities but only raised his case in the ECHR. It held that all applicants were required to exhaust their options in domestic courts prior to resorting to the ECHR. In the case of Mehmet Bayrakci the ECHR’s view was that domestic courts would have established the state’s liability.
Mr. Bayracki, a public tax official, sued the Turkish government after he alleged that he was being discriminated against for not having adequate disabled toilet facilities available. He held that despite his complaints, no toilet facilities were installed and alleged that his manager did not comply with the legislation on disabilities.
The ECHR confirmed that this problem could have had serious consequences for the applicant’s daily life and it was fell within the scope of Article 8 which states that a person has a right of respect for private and family life.