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The refusal to allow a woman to receive income from a charitable foundation, on the basis of an Ottoman-era legal document, amounted to discrimination

EUROPE: DISCRIMINATION

 
European Court of Human Rights, judgment, 5 July 2022, Dimici v. Türkiye (Application no. 70133/16).
«The Court noted that Necmiye Dimici had been denied entitlement to the Örfio?lu Foundation’s surplus income in spite of the fact that she would have been entitled to it had she been a man. The deceased had therefore been treated differently on the grounds of sex. The Court further noted that the domestic courts had merely established and then applied the wishes of the founder as expressed in the Foundation’s constituent document, without seeking to examine them in the light of public-policy rules. They appeared to have made no attempt to assess whether the founder’s wishes were compatible with the Convention, the Constitution or the legislation, although the relevant provisions clearly raised an issue under the principle of non-discrimination and the principle of equality between men and women.»

Direct link to the judgment (hudoc.echr.coe.int)
Accès direct au communiqué de presse (hudoc.echr.coe.int)
Direct link to the press release (hudoc.echr.coe.int)

Gender Law Newsletter 2022#03, 01.09.2022