THE CONSTITUTION OF THE REPUBLIC OF TURKEY

PART TWO

FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER ONE

GENERAL PROVISIONS

I. Nature of Fundamental Rights and Freedoms

ARTICLE 12. Everyone possesses inherent fundamental rights and freedoms which are inviolable and inalienable.

The fundamental rights and freedoms also comprise the duties and responsibilities of the individual to the society, his or her family, and other individuals.

II. Restriction of Fundamental Rights and Freedoms

ARTICLE 13. (As amended on October 17, 2001)

Fundamental rights and freedoms may be restricted only by law and in conformity with the reasons mentioned in the relevant articles of the Constitution without infringing upon their essence. These restrictions shall not be in conflict with the letter and spirit of the Constitution and the requirements of the democratic order of the society and the secular Republic and the principle of proportionality.

III. Prohibition of Abuse of Fundamental Rights and Freedoms

ARTICLE 14. (As amended on October 17, 2001)

None of the rights and freedoms embodied in the Constitution shall be exercised with the aim of violating the indivisible integrity of the state with its territory and nation, and endangering the existence of the democratic and secular order of the Turkish Republic based upon human rights.

No provision of this Constitution shall be interpreted in a manner that enables the State or individuals to destroy the fundamental rights and freedoms embodied in the Constitution or to stage an activity with the aim of restricting them more extensively than stated in the Constitution.

The sanctions to be applied against those who perpetrate these activities in conflict with these provisions shall be determined by law.

IV. Suspension of the Exercise of Fundamental Rights and Freedoms

ARTICLE 15. In times of war, mobilization, martial law, or state of emergency, the exercise of fundamental rights and freedoms can be partially or entirely suspended, or measures may be taken, to the extent required by the exigencies of the situation, which derogate the guarantees embodied in the Constitution, provided that obligations under international law are not violated.

Even under the circumstances indicated in the first paragraph, the individual’s right to life, and the integrity of his or her material and spiritual entity shall be inviolable except where death occurs through lawful act of warfare and execution of death sentences; no one may be compelled to reveal his or her religion, conscience, thought or opinion, nor be accused on account of them; offences and penalties may not be made retroactive, nor may anyone be held guilty until so proven by a court judgment.

V. Status of Aliens

ARTICLE 16. The fundamental rights and freedoms of aliens may be restricted by law in a manner consistent with international law.