Closing down prep schools and calling it ‘transformation’


Date posted: December 4, 2013

BÜŞRA ERDAL, İSTANBUL

Describing the government’s plan to close down the prep schools as a “transformation” is nothing more than saying, “I’m not going to say ‘close down prep schools,’ but I’m going to close them down.” The draft law in question will affect millions of students and their parents, but the debate on prep schools continues with a play on words. In this regard, it is more fruitful to address the legal and constitutional aspects of this issue, and to stick to the essence of the debate.

Article 48 of the Turkish Constitution plays a key role in the debate about the closure of the prep schools. Article 48 says that “everyone has the freedom to work in the field they want. It is free to establish private enterprises.” Full stop. The rulings of Turkey’s Constitutional Court and the European Court of Human Rights (ECtHR) show how this article is implemented.

In a case involving a Turkish citizen who had worked as an insurance inspector before the government revoked his license due to an amendment to a law regulating the sector, the Constitutional Court examined the constitutionality of the amendment — Section 22 (14) of Law 5684. In its judgment, published on June 9, 2011, the court found that the provision in question was in violation of Article 48 of the Constitution.

The case began in 2009 when the defendant’s license to work as an insurance inspector was revoked. The amendment that caused this, passed in 2007, banned insurance inspectors from working in the industry if their spouses or children also work in the insurance sector. The defendant sued the government, challenging the constitutionality of the amendment.

The Constitutional Court found that the amendment imposed restrictions on the defendant’s right to free enterprise, and that these restrictions violated the proportionality principle.

The ECtHR came to similar conclusions in cases involving Ukraine and Moldova. In one, the Moldovan government canceled the license of a mining company. In the other, a mining company was closed down by the government of Ukraine. When the companies challenged the Moldavian and Ukrainian governments at the ECtHR, the court ruled in favor of the mining companies.

Considering all this, the Turkish government might have thought the decision to close the prep schools would not be in compliance with the Constitution because it would violate the right to free enterprise.

As Deputy Prime Minister Bülent Arınç said recently: “This is not closure. We call this a transformation process. This process is called transformation in law.” Are “transformation” and “closure” really different things?

Prep school representatives say, “You cannot close down our businesses.” The government says, “We are not closing them down, we are transforming them.” Transformation is outside interference; these businesses will no longer be allowed to operate as prep schools. The government isn’t telling the prep schools, “Either remain prep schools or turn into private schools.” It is saying, “You are not going to remain prep schools; you will turn into private schools.” Although the government seems to be offering an alternative to closure, this is nothing but an imposition. Prep schools, which owe their existence in Turkish education to a law dated 1965, are being told, “There is no need for prep schools; you can no longer operate.”

Just as the state did not say to its citizens in the 1970s that “there is a need for prep schools, open prep schools,” it cannot now say to them that “there is no need for prep schools, turn them into high schools.” That would be an open violation of Article 48 of the Constitution. The prep schools, which came into existence because of a need, will disappear naturally when there is no longer a need for them.

All in all, when we examine the government’s “transformation” plan for the prep schools, we find bans and closure. This is so evident that it cannot be covered up with a play on words.

Source: Today's Zaman , December 4, 2013


Related News

‘Gülen movement has a specific mission’

… If the [Fethullah] Gülen movement were a small, ineffective community, the AKP would never have disturbed it. Or if the Gülen movement had acted in full cooperation with the government, such a conflict wouldn’t have occurred. But the Gülen movement has a specific mission. What is that mission? They seek to obtain the pleasure of God by leading good religious lives and engaging in educational and social services.

Black Sunday: The day Turkey detained its prominent journalists

The government-orchestrated crackdown on independent critical media outlets in Turkey took a turn for the worse on Sunday with dawn raids on Turkey’s largest newspaper Zaman and popular national TV network Samanyolu TV that led to the detention of top managers at the media outlets.

You couldn’t meet a nicer bunch of people: answer to defamation

Why do some portray Gülen and the residents of the retreat center, where he lives, as terrorists, while their neighbors describ them as “you couldn’t meet a nicer bunch of people”? Fethullah Gülen is one of the fruit-bearing trees of our time. He is as tall as the pine trees of the Pocono Mountains in Pennsylvania, where […]

Turkish Cultural Center presents ‘Love is a Verb’

“Love is a Verb” is a film examining a social movement of Sufi-inspired Muslims that began in Turkey in the 1960s and now reaches across the globe. The group is called Hizmet – the Turkish word for service – or The Gulen Movement, after its inspiration, leader and beloved teacher Fethullah Gulen – a man Time Magazine named as one of the most influential leaders in the world in 2013.

Pakistan’s Sindh High Court restrains Turkish teachers’ deportation

The Sindh High Court (SHC) on Monday restrained the concerned authority from deporting former employees of Pak-Turk International School, ruling that they can live in the country but only as refugees.

600 complaints filed alleging slander, libel against Gülen

A total of 600 complaints have been filed against those who have slandered and libeled Turkish Islamic scholar Fethullah Gülen since a major corruption and bribery investigation became public on Dec. 17 of last year.

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

3 taken into custody for asking Minister Ala questions

Turkish Alevites, Sunnis show solidarity during Eid al-Adha

Turkish imams spied on Gülen sympathizers in Romania as well

Carter Center gives certificate of appreciation to Kimse Yok Mu

Turkey to pay huge compensation for post-coup rights violations, main opposition says

The Peace Islands Institute of New Jersey Awards Recognize Excellence

Brazil court orders release of Gulen-linked businessman accused by Ankara of terrorism

Copyright 2025 Hizmet News