120,000 lira fine for venue that only allowed four men in a private booth

The Human Rights and Equality Institution of Türkiye (TİHEK) has imposed an administrative fine of 120,000 lira on an entertainment venue in Istanbul for violating the prohibition of discrimination based on gender, after the venue only offered a private booth to groups of men who did not have female guests with them.

According to TİHEK's decision, M.Y.K. contacted the venue to make a reservation for a concert held at an entertainment venue in Istanbul with 3 of his friends.

THEY COULD NOT BUY TICKETS FOR THE PRIVATE BOOTH

The citizens, who were told by the venue that "4 men could only make a reservation for a private booth without female guests," could not purchase tickets for the booth due to their financial situation.

Stating that there was no such restriction for women, M.Y.K. applied to the institution with the claim that discrimination based on gender was being practiced.

As part of the investigation, a written statement was requested from the entertainment venue. In the letter sent by the entertainment venue, it was stated that women who came alone or as a group were also not hosted in areas other than the private booth without men accompanying them.

DEFENSE OF WOMEN'S SAFETY

In the letter, which stated that even if it were accepted that only men were not admitted without women, this situation could not be characterized as discrimination, it was argued that considering the country's social and cultural structure, nightlife venues are not safe for women, and that this situation stems from an effort to create a safe and peaceful environment for women.

Concluding the application, TİHEK imposed an administrative fine of 120,000 lira on the venue on the grounds that it violated the prohibition of discrimination based on gender. The decision was taken by majority vote.

'MEN WILL HARASS' SOCIAL PREJUDICE

In the decision, which noted that according to Article 2 of Law No. 6701, making it difficult for a person to receive the service they wish to obtain also directly brings up the issue of discrimination, the following statements were included: "It is clear that the respondent's offer to host the applicant and his friends only in a private booth did not prevent the applicant and his friends from benefiting from the service, but it made it financially and morally difficult for these individuals to benefit from the service."

TİHEK, which included in its decision the venue's defense that "not admitting groups of men is an effort to create a safe and peaceful environment for women," pointed out that no evidence was presented to the file indicating that men harass women at the venue.

'NOT PROPORTIONAL'

Stating that no facts or incidents were presented to the file showing that the applicant and his friends had behaved in such a manner before or could behave in such a way, the institution made the following assessments:

"The idea that men will harass women stems from social prejudices, and such prejudices deepen inequality in society. It is clear that the purpose intended to be achieved by the different treatment of not admitting groups consisting of men to the venue, based solely on prejudices and assumptions, is not legitimate, and even if this purpose were considered legitimate, such an application is not proportional in terms of concrete case justice."

DISSENTING OPINION FROM TWO MEMBERS

Two members who filed a dissenting opinion to the decision stated that the practice in question stems from the characteristics and needs of Turkish society and is closely related to public interest in terms of public order and security.

In their dissenting opinion, the members stated: "In this respect, it is a practice that has been applied in workplaces operating in the same sector for many years and has been established and accepted as a traditional rule. In other words, it is clear that this practice, which has been maintained in our country for many years, has been socially accepted as being based on objective, reasonable, and valid reasons and justifications in accordance with public interest and the requirements of the service."

News Source: AA