Constitutional Court evaluates freedom of expression in its recent decision on right to education

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Istanbul

Information technology/Communications Bilgi teknolojileri/İletişim

Constitutional Court evaluates freedom of expression in its recent decision on right to education The Constitutional Court made evaluations regarding the freedom of expression of students with its latest decision ("Decision") on the right to education. Within the scope of the Decision, the Constitutional Court evaluated that as the education level of the students increase, the restrictions on the freedom of expression must be limited proportionally. Furthermore, the Constitutional Court set out that restrictions on actions and expressions of students that are pursued outside of educational institution premises must only apply if the institutional order is seriously affected. Recent development The Constitutional Court's new decision, no. 2018/20182 ("Application") dated 14 September 2021, regarding the violation of a student's ("Applicant") right to education was published in the Official Gazette on 24 November 2021. (The Decision is available in Turkish here.) Background The Applicant is a state university student who was subjected to an investigation by the university administration due to a social media account post of a news article regarding the university. Further to the investigation, the Applicant received a disciplinary punishment of suspension on the grounds that they "engaged in acts inside or outside the institution that harm the honor and dignity of the personnel of the institution." The Applicant appealed the university administration's decision. The court of first instance approved the Applicant's objection, but the regional administrative court found the university administration's decision to be lawful. The applicant applied to the Constitutional Court claiming that their freedom of expression, rights to education and fair trial were violated. What does the decision cover? The Constitutional Court evaluated the allegations as a whole within the scope of right to education and stated that the restrictions of rights and freedoms must (i) have lawful basis, (ii) rely on legitimate causes under the Constitution and (iii) comply with the needs of a democratic society and the principle of proportionality, according to Article 13 of the Constitution.


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