Human Rights Warning to MoNE from the Council of State: Cancellation Decision on Regulation Sued by Eğitim Sen

The Council of State ruled that the Ministry of National Education's (MoNE) regulation on textbooks and educational tools is lacking in the areas of human rights, freedoms and non-discrimination. In the lawsuit filed against a series of deficiencies, the 8th Chamber of the Council of State decided to cancel some regulations.

The regulations that were not included in some articles of the MEB Regulation on Textbooks and Educational Tools, which entered into force after being published in the Official Gazette dated October 4, 2021 and numbered 31628, had caused reactions from civil society and legal circles. With the Council of State's decision, it was once again emphasized that it is a legal obligation to include content on fundamental human rights and non-discrimination in textbooks.

The Court of Appeal ruled for the annulment of the relevant articles, noting the lack of provisions in the regulation, especially the phrases "supporting fundamental human rights and freedoms and rejecting all forms of discrimination". In addition, a motion to cancel was made in the minority opinion regarding the lack of provision for the inclusion of trade union and independent observers in the process of selecting panelists, but was rejected by the majority vote.

The decision referred to higher legal norms such as the Constitution, the Convention on the Rights of the Child and the European Convention on Human Rights, and stated that the content of education should be organized in accordance with these norms. It also referred to the Basic Law on National Education No. 1739 and emphasized that sensitivity to human rights in education is a constitutional responsibility.

While some articles were rejected on the grounds that there was no violation of the law, others were rejected on the grounds that there was no violation of the law. For example, it was concluded that the omission of the phrase that the books "will be distributed free of charge" did not constitute a violation of the law on its own.

The decision is seen as an important step towards a more prominent inclusion of a human rights perspective in the preparation of educational materials. Education unions and civil society organizations view this decision positively in terms of both the protection of children's rights and the implementation of the principle of equality in education.