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The Constitutional Court ruled that disciplinary penalties given to guidance counselors for participating in a watch demonstration were a violation of their rights. Following an application by Eğitim Sen, the Constitutional Court ruled that the right to freedom of association was violated.
Cihan Doğan
Editör
Published 30.07.2025 - 14:48
Updated 09.12.2025 - 14:10
AYM: Disciplinary Action Against Guidance Counselors Violates Union Rights
The Constitutional Court issued an important decision for counselors who are members of Eğitim Sen. At the end of the 2017-2018 academic year, the disciplinary penalties given to teachers who participated in the vigil against the Ministry of National Education's Guidance Services Regulation were deemed a violation of rights by a high court.
In line with the decision taken by the Central Executive Board of Eğitim Sen, guidance counselors were encouraged to refuse referrals made in violation of their job description. Teachers who refused to accept their duties in line with this decision were given disciplinary penalties by the administration, and the penalties were finalized through judicial processes.
However, the union took its quest for rights to the Constitutional Court. In the examination conducted on the application of Bahar Kılınç (2020/23722), the Constitutional Court ruled that the right to union guaranteed by Article 51 of the Constitution was violated.
The court stated that the disciplinary punishment in question was a disproportionate interference with the teachers' union activity. The Constitutional Court stated that such interventions could not be justified by a legitimate social need and ruled for the protection of the right to union.
Eğitim Sen shared the decision with the public and emphasized that this decision once again confirms the legitimacy of the union struggle and the rights of teachers
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