Prep school transformation plan violates Constitution, experts say

Education Minister Nabi Avcı (Photo: Today’s Zaman, Ali Ünal)
Education Minister Nabi Avcı (Photo: Today’s Zaman, Ali Ünal)


Date posted: December 4, 2013

DERVİŞ GENÇ, İSTANBUL

A government plan to shut down Turkey’s prep schools — or “transform” them, as the government argues — violates the Turkish Constitution and the case law of the European Court of Human Rights (ECtHR), according to experts.

“Parliament can neither close the prep schools with a law nor force them to transform. Even if you call it a transformation, forbidding prep schools from functioning would violate the essence of the Constitution,” said Ahmet Gündel, a retired Supreme Court of Appeals prosecutor.

Prep schools are private institutes that help students prepare for standardized high school and college entrance exams. The government has finished work on a draft law that would close the prep schools by September 2015 and fine any that continue to operate. Some have argued that the law, which is seen as a huge blow to free enterprise, could block upward mobility in Turkish society.

Gündel does not think there is a difference between transformation and closure, as both would prohibit prep schools from functioning. According to Gündel, Article 48 of the Turkish Constitution grants individuals the right to open prep schools under the principle of free enterprise. “A law or a legal amendment cannot close prep schools that have already opened,” he said. Even if they are closed, Gündel added, the Constitutional Court will overturn the decision.

According to the government’s draft law, the prep schools will be given two years to become private schools and will be prohibited from operating as study centers. If they don’t make the switch during this period, fines ranging from TL 500,000 to TL 1 million will be imposed on the prep schools. The draft law also includes a provision stating that teachers from prep schools that are closed will be eligible to register with the Ministry of Education for employment at public schools without having to take the State Personnel Examination (KPSS), a civil service exam.

Yüksel Metin, an associate professor of constitutional law at Süleyman Demirel University, said the government is aware that closing the prep schools would violate the Constitution, and is therefore reframing the process as a transformation. “The state has a responsibility to supervise and monitor the activities of educational institutions. In this sense, the state takes action to regulate the educational quality and physical conditions of the prep schools. Yet it cannot close the prep schools or prohibit them from teaching students. If it does, it will violate the principles of democratic society,” Metin said.

There are 3,858 prep schools in Turkey, attended by over 2.2 million students. Out of the 739,000 high school seniors who must take the university entrance exam to continue their education, 550,000 attend prep schools. Most Turkish schools have 40 hours of classes a week, while prep schools offer 15-20 hours of extra weekly lessons. In Turkey, most middle and high school students attend prep schools to prepare for exams that will decide which high schools and universities they will be eligible to attend.

According to Associate Professor Ekrem Ali Akartürk, who teaches law at Yeditepe University, the closure of the prep schools would also violate ECtHR case law. “The government gives the prep schools two years to transform [into private schools]. Yet, there is no change in the government’s decision to shut down prep schools that refuse to transform. The state can restrict some rights and freedoms through laws. But it cannot negate or ban a right and freedom entirely. This is a principle laid down by the ECtHR. If the prep schools are closed and this process is called a ‘transformation,’ then a right and freedom will be entirely negated. This means that the people’s right to receive education will be negated. It also means that the principle of equality in education will be dealt a blow,” he said, adding that the prep schools serve, in essence, the purpose of eliminating educational disparities between rich and poor families.

Debate over the fate of the prep schools is not a new topic in Turkey. Government officials have mentioned similar plans before, but so far words have not resulted in action.

Professor Osman Kaşıkçı, dean of Fatih University’s school of law, said the government is using the term “transformation” to undermine the criticism it has been receiving over its plan to shut down the prep schools. According to the professor, even if the government claims to be transforming prep schools, it is indeed shutting them down. “Such a transformation goes against the right to free enterprise. A forced transformation is unacceptable in law,” he said. He added that forced transformations are proper in communist regimes. “This is not a method democracies or republics are accustomed to. You may transform a state but not free enterprise.”


*Burcu Öztürk, Akın Öztürk

Source: Today's Zaman , December 4, 2013


Related News

[Alleged] “Coup leader” Gülen’s friendships with the Catholic Church

Erdogan’s propaganda channels and instruments have been referring to Hizmet as the “Gülenist Terror Organisation” for years and over the past months, this full-fledged criminalisation campaign has often seen relations between the Hizmet network and the Catholic Church – including the Vatican – being dragged into it. This has primarily been witnessed in the most staunchly nationalist press channels.

Imam who lives in rural Pennsylvania arouses praise, concerns

Andrew Conte SAYLORSBURG — Just a short drive on a two-lane road from the Dunkin’ Donuts here, the Golden Generation Retreat Center hardly seems like the home of one of the world’s leading Islamic thinkers. A metal gate at the driveway stands open, and no fences or walls protect the 25-acre property from suburban homes […]

Thailand’s Lanna princess hails Turkish schools

The traditional iftar dinner by the Turkish schools in Thailand brought together people from diverse segments of the community. The princess of Lanna Chao Duangduan was among the prominent guests of the dinner. Duangduan made noteworthy points in her remarks.

Class-B shareholders join objection against Asya decision

The lawyer representing B-type shareholders of recently seized private lender Bank Asya has filed a case against the takeover decision, demanding an injunction along with compensation for losses at the stock market.

Conspiracy theory par excellence [against Gülen movement]

That broad spectrum of people appears to be convinced that Islamic scholar Fethullah Gülen, who has advanced an interpretation of Islam in line with liberal modernity, and the faith-based social movement he has inspired, is to be blamed for all wrongdoing and crime that is going on in Turkey.

Pro-gov’t daily: Turkey, Russia could conduct joint operation to abduct Gülen

Turkey and Russia could carry out a joint operation to abduct US-based Turkish-Islamic scholar Fethullah Gülen to Turkey due to Gülen’s alleged role in the assassination of a Russian ambassador in December 2016 as well as a failed coup attempt in Turkey in July 2016, the pro-government Akşam daily reported.

Latest News

Fethullah Gulen – man of education, peace and dialogue – passes away

Fethullah Gülen’s Condolence Message for South African Human Rights Defender Archbishop Desmond Tutu

Hizmet Movement Declares Core Values with Unified Voice

Ankara systematically tortures supporters of Gülen movement, Kurds, Turkey Tribunal rapporteurs say

Erdogan possessed by Pharaoh, Herod, Hitler spirits?

Devious Use of International Organizations to Persecute Dissidents Abroad: The Erdogan Case

A “Controlled Coup”: Erdogan’s Contribution to the Autocrats’ Playbook

Why is Turkey’s Erdogan persecuting the Gulen movement?

Purge-victim man sent back to prison over Gulen links despite stage 4 cancer diagnosis

In Case You Missed It

Turkish Cultural Center’s Meat Drive in New York

Countdown for operation against Hizmet Movement

Education for Sustainable Development

WikiLeaks reveals emails from the son-in-law of President Erdogan, ‘proving his connection to ISIS operation smuggling oil into Turkey’

Kurdish paper Rudaw’s interview with Fethullah Gulen

Peace Islands Institute Annual Ramadan Dinner

Journalist reveals MGK decision to fight against all religious groups

Copyright 2025 Hizmet News