Fine for ÖSYM from TIHEK

The Human Rights and Equality Institution of Türkiye (TIHEK) has imposed an administrative fine on ÖSYM on the grounds that the criteria required for additional points granted to disabled candidates in the Higher Education Institutions Examination (YKS) were not linked to objective conditions.

According to TIHEK's decision, S.K., who has a 40 percent visual impairment, wanted to benefit from ÖSYM's additional points application for disabled candidates in the YKS held on June 17-18, 2023.

"LET REASONS FOR REJECTION BE LINKED TO OBJECTIVE CRITERIA"

The student, whose request was rejected by the ÖSYM Department of Disabled Candidates, applied to TIHEK, stating that the reasons for the rejection were not based on objective criteria, and requested that they be granted additional points for disabled candidates in the exam they would take, and that the reasons for rejection be linked to objective criteria and added to the YKS guide.

S.K. also stated that they had requested additional points in the exams they had taken since 2019, but these requests had also been rejected.

ADDITIONAL POINTS GRANTED UPON KDK RECOMMENDATION

During the institution's investigation, S.K., whose written opinion was requested, stated that they had also applied to the Ombudsman Institution (KDK) regarding the same issue and reported that they were granted additional points for disabled candidates upon the KDK's recommendation decision.

Stating that the problem was not fully resolved, the applicant reiterated their request for the additional points application granted to disabled individuals to be linked to objective criteria.

Completing its investigation, TIHEK found the application in this regard inadmissible because the applicant's request for additional points had been fulfilled.

20 THOUSAND LIRA ADMINISTRATIVE FINE

Regarding the other part of the application, TIHEK determined that "the principle of making reasonable accommodation regarding the applicant's request to link the situations in which additional points for disabled candidates will be granted to objective criteria was violated."

Ruling that the prohibition of discrimination on the basis of disability was violated, the institution imposed an administrative fine of 20 thousand liras on ÖSYM.

"IT COULD ALSO BE BENEFICIAL FOR OTHERS WITH DIFFERENT OR THE SAME DISABILITY"

In TIHEK's decision, it was noted that the criteria sought for additional points for disabled candidates were not linked to objective conditions and it was not clearly stated in the guide to whom and how they would be given, and that the applicant's request for regulation was also rejected by ÖSYM with abstract justifications.

It was stated that although it was reported in the YKS guide that the type and degree of disability specified in the health board reports would be examined, the procedures and principles according to which this examination would be carried out were not included.

The following was recorded in the decision:

"It has been evaluated that the applicant's request for the clear determination of to whom and how the additional points for disabled candidates will be granted by linking them to objective conditions and their inclusion in the YKS guide is not only for the benefit of the applicant, but that such a regulation could also be beneficial for other individuals with different or the same disability and could provide public benefit. Therefore, it is understood that the request for reasonable accommodation is appropriate for the purpose, necessary, and proportionate."