Law In Turkey Research Articles

Analysis of the relationship between unregistered employment and occupational accidents in Turkey.

Occupational accidents are anticipated to decline when unregistered employment declines because of more regulated working conditions, inspections, and opportunities for legal protection. In the study, the accuracy of this presumption was examined. This study aims to examine how to protective legal regulations generate a relationship between occupational accidents and informal employment such as the Occupational Health and Safety Law in Turkey. In the research, which was structured within the framework of the quantitative method, various levels of relationship chains were created between informal employment and occupational accidents using correlation and slope calculations. The official data set was created using secondary data from the Turkish Statistical Institute and the Social Security Institution. It has been determined that the low positive correlation (r = 0.166) between unregistered employment and occupational accidents in 2008-2012 (pre-legislation period) in Turkey changed to the medium-negative direction (r=-0.602) in 2013-2020 (legislation period). While the assumption that unregistered employment would decrease in the first period was confirmed, the hypothesis was falsified by the increase in occupational accidents despite the decrease in informality in the second period. This study is unique because it shows that in a developing country where unregistered employment is high, the protective regulations for work accidents do not reflect a decrease in the number of work accidents in the short and medium term.

Assessing Asymmetry in Okun's Law: A Nonlinear Approach in the Turkish Economy

In this paper, the presence of asymmetric behavior in Okun’s Law for Turkey during the period 2005-2023 is analysed. The relationship between economic growth and the unemployment rate has been assessed in the context of nonlinear time series models. Nonlinear methods are typically favoured in macroeconomic series analyses as they generate more robust findings. In this paper, nonlienear symmetric KSS cointegration and nonlinear asymmetric Hepsağ cointegration tests were used to test for the existence of a long-run relationship between the variables, and the Hatemi-j test was used to test for nonlinear causality. Our findings demonstrate no evidence of co-integration between the variables. Hatemi-j test results, on the other hand, indicate the presence of a causality relationship from negative growth components to positive unemployment components. Specifically, a decrease in the growth was found to be the only one of all the components that was a statistically significant cause of an increase in the unemployment.

Testing Okun’s Law for Turkey (1923-2019)

This study tests Okun’s law for Turkey using annual data gathered for almost a century (1923–2019). In contrast to the rest of the literature focusing on a linear relationship between unemployment and output levels, we argue for a cointegrating nonlinear autoregressive distributed lag (NARDL) model. We find clear evidence of an asymmetric cointegrating relationship between unemployment and output as well as asymmetric short-run impacts. Interestingly, these relationships are positive. Asymmetric cumulative dynamic multipliers confirm the results, which can be explained by the structural features of the Turkish unemployment such as the high female and youth unemployment rates, a large agricultural sector, high firing costs, and the high level of informal employment as well as hysteresis. Therefore, effective labour market reforms should consider asymmetries in the long-run unemployment and output relationship as well as asymmetries in their short-run impacts in order to handle jobless recoveries in Turkey.

Patient preferences for use of archived biospecimens in Turkey.

e18904 Background: In the era of precision medicine translational research biospecimen collection and data sharing is increasingly needed. Ethical challenges emerge when researchers want to use archived biospecimens without informed consent. We examined Turkish cancer patients' or their family member's preferences about informed consent and the use of excised and stored (tumor) tissues in medical research. Methods: A questionnaire in Turkish language was conducted including the sociodemographic characteristics of the participants and preferences about informed consent and use of tumour tissues in medical research. The study was carried out in 5 tertiary health care institutions with clinical research centers in Turkey. Adult patients diagnosed with solid tumors or their family members who agreed to participate were surveyed by medical doctors between January 2020 and April 2021. Results: 978 people whose age ranged 18 and 82 (Mean = 51.43, SD = 14.41) participated in the study. %50.3 were male, %49.7 were female. %60,2 were cancer patient, %39,8 were family member. %82.4 stated that informed consent must be obtained before participating into clinical trials. %31.5 think that infomed consent can be given by their family members. %32.1 stated that medical records can be reviewed for scientific purposes without their consent. %54.9 know that tumor tissue samples stored in hospitals. %38.9 think that tissue samples belong to hospital. %65.6 agrees that tissue or blood samples may be used for research purposes. %49.8 gives permission for tumour tissues or blood samples to be used for research purposes without informed consent. %40.7 gives permission for genetic tests or DNA analysis without informed consent. According to %57.2 of the participants if tumor tissue is going to be used for research purposes, written consent must be obtained. %62.1 stated that if they give permission for a research their tissues can be used for every research. %65.5 allows tissue samples could be linked to personal medical records with their name and personal information confidential. Top motivations for allowing biospescimens for medical research are help treat other people (%76.3), help advance science (%68.4). %50 allowed their tissues to be used for research after their death, %39.1 wants their family members to give consent. Only %23.5 of participants stated that he or she had sufficient knowledge about personal data protection law in turkey. Conclusions: This study contributes to the data on the aspects of cancer patients about tissue banking. The majority of patients are willing to allow their tissues to be used for research purposes and to allow their medical records to be associated with tissue samples. However, there are also patients who are unsure. Comprehensive informed consent and optional consent models should be developed to improve the acceptability of tissue banking programs, and patients should be informed about the potential benefits of tissue donation.

Pengaruh Kemalisme Terhadap Undang-Undang Poligami di Turki

This paper aims to discuss the issu of the influence of Kemalism on the polygamy law in Turkey to disribe universally the influence of Kemalism on the polygamy law in Turkey by firs knowing Mustafa Kemal’s mission in the information of a republic there. This paper will try to answer haw Kemalism has a major influence on the family law, especially the polygami law. this paper includes the results of the qualitatif research with data sources and documents from a number og books and articels as well as as from other data sources related to this paper. The result of this paper is to find a complete overhaul of state regulations regarding the family right in 1917 in which it is explained that polygamy is not prohibited but still on condition that the husband can be fair to his wives and the wafe may write a divorce not before the marriage after this (polygamy). If the man ignores this, than the divorce has the right to be carried out into the Turkish Civil Code of 1926, which explains the absolute prohibition of polygamy. This cange occurred because of the influence of Kemalism on the Turkish state. From this infuence there is rule regarding violations againts people who practice polygamy. However, there are no rules that explicitly regulate sanctions for such violation The Turkish Family Law Of Cyprus 1951. But basically the lawimplicitly exsplain that polygamy in Turkey is not permitted and those who violate it will get a penalty.

Historicity of Islamic Inheritance Law in Indonesia and Turkey

This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and women so that they get the same distribution of inheritance.

On a long, narrow road: The mental health law in Turkey

This article presents the historical transformation of the mental health system and policies in the case of Turkey and discusses the challenges to their effective implementation. The mental health system in Turkey has undergone a series of reforms in three periods, namely, the institutionalization of psychiatry and hospital-based mental health services in the mid-19th century, the introduction of first-generation community-based mental healthcare services in the 1960s, and the policy of deinstitutionalization after the 1980s. In this transformation process, certain initiatives have been implemented with the participation of interested actors across periods and small but important improvements. A draft has been prepared after a series of studies were conducted with regard to mental health policies and plans. However, no results have been obtained. The necessity of the mental health law has been clear. A notion that has been known is that the mental health law, which offers a holistic perspective, positively influences the functioning of the mental health system in terms of service users and providers. However, whether or not it actually pursues these intended improvements has been subject to doubt. Until now, no mental health law has been effectively implemented in Turkey, and measuring and evaluating in which aspects the law will be successful and where it will fail have been impossible. Turkey continues to be in need of a mental health law is practical and in line with international standards for the rights of patients and supervision against coercive measures.

PERBANDINGAN PENGATURAN KEDUDUKAN WARIS WARGANEGARA ASING DI INDONESIA DENGAN TURKI

In developing legal and policy reforms in Indonesia through comparing existing laws in Indonesia with existing laws in other countries. This research focuses on comparing the arrangements for the inheritance position of foreign in Indonesia and in Turkey, main problem are what are the similarities and differences in inheritance arrangements in Indonesia and in Turkey and what is the position of the heirs of foreign citizens in cases in Indonesia and in Turkey based on Civil Code and TMK and MÖHUK. This research method is normative in the form of legal comparisons to obtain similarities and differences in regulations, while the nature of the research is descriptive and conclusions are drawn deductively. The results of the research and discussion are that there are differences and similarities regarding inheritance law in Indonesia which is pluralistic and inheritance law in Turkey which is unification. The conclusion is that both of them do not see a difference regarding nationality between the heir and his heirs and in resolving the cases in Indonesia and Turkey, both give the same inheritance rights to the heirs of foreign with the same shares as the heirs of the heirs' national citizens

The Development of Asylum Law in Turkey Within the Framework of the European Union's Harmonization Process

The impact of the European Union (EU) on international policy in Turkey is already regarded as minimal because of the absence of genuine membership prospects. Nevertheless, the approval by Turkey of the asylum laws in the past that fulfills virtually all of the EU's requirements speaks to the continued impact of the EU throughout this policy position. Most of our web-based study's academic scholars believed EU membership to be a key element in the passage of the bill. The conversations with Turkish State officials, as well as the European Commission, show how the EU affected the drafting process. This study discusses the influence and development of Europeanization on policy structures in Turkey within the asylum and refugee policy framework. It looks at the effect of Europeanization on the transition of Turkish pre-accession to the EU. Also, it explores how Turkey carries out its duties at the policy level in relation to an international refugee protection framework as well as asylum seekers harmonization.

The evaluation of mobbing cases in the healthcare sector based on Supreme Court case law in Turkey.

This study aimed to examine mobbing in the health sector based on the Supreme Court case law. The data were accessed on the website of the Supreme Court. Searches were made using mobbing and health-related keywords and filters. As a result, 43 lawsuits were included. Most of the cases occurred in private hospitals. Hospital managers were accused of mobbing in 88% of cases. In 30% of cases, nurses were plaintiffs. Also, 45% of cases involved an attack on the occupational situation of employees. It is important to develop policies specific to mobbing behavior in the workplace at the macro level and to consider legislation and management monitoring by health managers and especially nurse managers at the micro level.

Occupational Health and Safety in Sports: Risk Analyses and Consumer's Point of View for a Sports Center

The occupational health and safety law in Turkey was enacted in 2012. Work areas are classified as very dangerous, dangerous, and less dangerous in the context of labor law. Sports centers in the less dangerous class have the obligation to act according to the law until July 2023. This study aims to determine how the application of the law for a public university sports center is. The situation of the sports center was examined both from the users' point of view with the application of a questionnaire and by using the risk analysis method with expert evaluation. In the light of the results obtained, the precautions to be taken within the framework of the accepted risk levels in the facilities and the harmful effects of these measures are not taken are emphasized.

Urgensi Penerapan Omnibus law Untuk Menyelesaikan Permasalahan Pembentukan Regulasi Di Indonesia

The use of omnibus law as a mechanism to overcome regulatory obstacles due to too many (hyper regulation) and overlapping (overlapping) existing regulations. This mechanism is essentially something new and can act as a breakthrough for the reformulation of the preparation of laws and regulations in Indonesia. This research is a normative legal research, so according to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials and secondary legal materials consisting of books, scientific journals, scientific works, and articles that can provide explanations about the law. primary material. The nature of this research is descriptive analytical. As for what is meant by descriptive analytical research is a research that can describe in detail and systematically about the object under study. Primary legal materials are legal materials that bind or make the public understandable, including legal products that are the subject of study and legal products as tools for forming critical law. Secondary legal materials include explanations of primary legal materials in the form of expert doctrine found in books, journals, and websites. The results show that the main characteristic of omnibus law in the United States is that it helps parliamentarians to form consensus. This is because every member of parliament has the right to attach his draft law to the omnibus law. So the application of omnibus law is more of a political style or motive to smooth the passage of a bill into law, while the main characteristic of omnibus law in Turkey is a political motive or style to speed up and shorten the legislative process by using other auxiliary methods. There is no difference in the legislative process between those proposed by the government and those proposed by members of parliament as in Turkey. Then it goes into the extent to which the urgency of implementing the omnibus law in solving the problems of the formation of regulations in Indonesia can be seen that so far there are several problems such as: a) hyper regulation, b) inharmonious regulation and overlapping.

How to capture the judiciary under the guise of EU-led reforms: domestic strategies of resistance and erosion of rule of law in Turkey

ABSTRACT The recent backsliding in judicial independence and erosion of rule of law in Turkey follow the findings of the existing literature which already informed us about the pathological effects and unintended consequences of the external promotion of the EU conditions. Yet, we know little about the domestic strategies of the governments that enable them to capture the judiciary under the guise of EU-led reforms. This article argues that the frequent and ad hoc institutional changes demanded and funded by the EU and readily adopted by the political elites open a window of opportunity for the consolidation of patronage networks within the judiciary system. This is achieved by the adoption of formal and informal domestic strategies of resistance – formal readoption, staff politicization and intimidation & bribery – remaking, distorting, and when necessary, reversing EU-led reforms in a way that enables governments to take control of the high judicial bodies and capture them from within.

Evolution of health law in Turkey

Evolution of health law in Turkey

Queer in Translation: Sexual Politics under Neoliberal IslamLGBTI Rights in Turkey: Sexuality and the State in the Middle East

Queer in Translation: Sexual Politics under Neoliberal IslamLGBTI Rights in Turkey: Sexuality and the State in the Middle East

The Factors Affecting the Market Value/Book Value and Profitability of REITs in Turkey

Increasing income level and the desire to live a more comfortable life in countries with an increasing population are constantly driving the demand for real estate. Real estate investment trusts (REITs) are capital market institutions that can invest in real estate, real estate-based capital market instruments, real estate projects, real estate-based rights and capital market instruments. In addition, they establish partnerships to realize specific projects, engage in other permitted activities, and are organized by the Capital Market Law in Turkey. In this study, the fixed effects panel data regression model is used to determine the financial indicators that affect the market value and profitability of the Turkey REITs that are traded in the Borsa İstanbul REITs Index. The study covers 21 REIT companies. The data set is in the period between 2010:Q1 to 2019:Q4 in the analyses. The results show that return on assets (ROA), return on equity (ROE), asset turnover, leverage, equity multiplier and current asset turnover are effective on the market to book ratio (MBR). The ratios that affect the ROA are MBR, ROE, acid-test, leverage, equity multiplier, EBITDA/sales and current asset turnover. Moreover, the ratios that affect the ROE are the ROA, MBR, acid-test, asset turnover, leverage, and equity multiplier.

Fire history of Pinus nigra in Western Anatolia: A first dendrochronological study

Forests in the Mediterranean basin frequently experience fires due to both anthropogenic and natural causes. There are concerns that the fire season will prolong in the Mediterranean basin, the fire frequency will increase with ongoing climate change, moreover, the fire regimes will shift from surface fires to local crown fires. Here, we aim to improve our understanding of the fire regime components of black pine forests in Turkey by 1) reconstructing a high-resolution fire chronology based on tree rings, 2) revealing the seasonality of fires, 3) investigating the relationship between fire and climate, and 4) comparing our reconstruction results with documentary data from forest management units. We collected 62 fire-scarred trees from three sites in Kütahya and developed a 368 year-long (1652–2019) composite fire chronology using dendrochronological methods. We found that at two sites major fire years coincided with dry years. Two major fire years (1853 and 1879) were common to all sites and two additional fire years (1822 and 1894) were found at two sites. Our results show a sharp decline in fire frequency after the beginning of the 20th century at all sites that can be attributed to increased fire suppression efforts and forest management activities in the 20th century. Our results suggest that the spread of fires has been actively suppressed since the first forest protection law in Turkey. Yet, tree-ring based and documentary data corroboration shows that seasonality did not change over the past +350 years.

The Marine Scientific Research Legislation and the Principles to Be Subject to Foreigners in the Subjects of Sea Creatures, Their Environment and Their Protection in Turkey Seas: Threats

There is a possibility of illegal scientific and strategic research in the Turkey Seas. The comprehensive determination of the principles of marine scientific research in the Turkish Seas will play an important role in terms of national security and national interests.Marine scientific research should be regulated by law in Turkey. With the law to be regulated, diplomatic channels or to which institution to apply depending on the subject of the research, application principles, the report principles after the research, how to follow the way about the sample and material taken, legal procedure principles to be applied in case of not obtaining permission or exiting the scope of the permission, etc. should be explained.

Compensation for Unlawful Practices related to Administrative Detention of Foreigners in Turkey

This paper analyzes the evolution of the case law in Turkey concerning compensation of unlawful practices of administrative detention. Such cases happen when implementation of administrative detention is unlawful in terms of right to personal liberty and security, or when the administrative detention conditions are against human dignity. The paper follows an empirical and analytical method as the analysis is built on the decisions of the Turkish Constitutional Court (“CC”) in individual applications and on the judgments by local courts. Accordingly, as explained in the first section, in the first phase of CC’s decisions, the lack of a special compensation mechanism for unlawful practices of administrative detention was recognized and compensation was granted in favor of the applicants. Second section of the paper analyzes the landmark decision of CC where it changed its case law and required exhaustion of administrative full remedy action for compensation claims related to administrative detention. Building on this background, in the last two sections of the paper first, it is assessed whether administrative full remedy action is an effective legal remedy with respect to compensating unlawful administrative detention practices and second, a critical analysis is offered on CC’s approach to the claims of compensation in the light of its landmark decision.

STUDYING ABETTING IN LEGAL SYSTEMS OF IRAN AND TURKEY

The presence of a just crime law is deemed necessary to establish safety and peace in a society. Today and as a result of rapid developments in technology, criminals try to use the technology and assist each other in order to not only commit the crimes easier and with more comfort, but also evade the criminal traces and make crime discovery more problematic. Also they would like to be punished less if they are detained. Therefore, abetting and participation in crimes is considered to be highly important. Today many societies have approved punishments for abetting and certain laws have been devised to fight against it. A comparative study of abetting can affect the prevention of related challenges. Thus, the present study is going to deal with investigating abetting using an analytic- descriptive method through comparing the criminal law in Turkey and Islamic punishments law in Iran. The findings showed that in former criminal law in Iran, the punishment for abetting in punishable crimes was identified vaguely, but the new Islamic punishment law has identified certain punishments for abetting in part ‘d’ of article 127. According to this criminal law, the punishment for abetting would be one to two levels lower than the punishment to commit it. In Islamic punishment law there are some types of crimes mentioned as: abetting, threat, provoking, direction, construction or supply of tools to commit the crime, and … . These concepts can be seen in the criminal law in Turkey, too. To approve abetting, there should be concurrency between the actions of the assistant and the abetting person and the assistant should have the same intention as the crime soliciting person. Therefore, abetting has three principal features of material, spiritual, and legal and this is exactly the same in the legal system in Turkey. The Islamic criminal law approved in 2013 has accepted the concept of relative culpability theory regarding abetting. The absolute culpability theory is known as the same law in article 38 (1) in the criminal law in Turkey.