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Qazî Mihemed'in Kürd Ulusuna Vasiyeti


Qazî Mihemed'in Kürd Ulusuna Vasiyeti

Zulüm ve baskı gören halkım!

Yüce Allah aşkına vaatlere artık kanmayın. Çünkü onlar ne Allah'ı tanıyorlar, ne peygambere, ne kıyamet gününe, ne Allah huzurunda hesap vermeye inanıyorlar. Onların nezdinde, Müslüman da olsanız, Kürt olduğunuz için suçlusunuz, onların düşmanısınız

Kurd li Misrê - Nezîr Silo


Kurd li Misrê - Nezîr Silo

Misr yek ji welatên ku herî peywendîdar bû ji demek dirêj ve di nav dewletên erban de bi Kurdan re.

AİHM: Anadilde Eğitim İfade Özgürlüğü Kapsamındadır  


26-09-2012, 20:17 Kategori: Güncel  
Avrupa İnsan Hakları Mahkemesi'nde (AİHM), Eğitim-Sen’in tüzüğündeki "anadilde eğitim hakkı" ifadesinden ötürü sendikaya kapatma davası açan Türkiye'yi mahkum etti ve "Anadilde eğitim hakkı talebi ifade özgürlüğüdür" dedi.

Bianet'ten Ayça Söylemez'in haberine göre, Türkiye, Eğitim ve Bilim Emekçileri Sendikası'nın (Eğitim-Sen) tüzüğündeki "anadilde eğitim hakkı" ifadesinden sendikaya kapatma davası açılması nedeniyle Avrupa İnsan Hakları Mahkemesi'nde (AİHM) mahkum oldu. Türkiye, sendikaya 7 bin 500 Euro (17 bin 250 TL) manevi tazminat ile 411 Euro (945 TL) masraf bedeli ödeyecek. Karara üç aylık itiraz süresi bulunuyor.

VALİLİKTEN SUÇ DUYURUSU

13 Ocak 1995'te kurulan Eğitim-Sen, Eylül 2001'de tüzüğünün 2. maddesinin üçüncü fıkrasına şu ifadeyi ekledi: "Toplumun bütün bireylerinin, temel insan hakları ve özgürlükleri doğrultusunda, herkesin kendi anadilinde, cins ayrımcı olmayan, eşit, demokratik, laik, bilimsel, parasız ve kamusal nitelikli eğitim görmesini savunur."

Ankara Valiliği, 15 Şubat 2002'de Anayasa'ya ve sendikal kanunlara aykırı olduğu gerekçesiyle tüzükteki "anadil" ifadesinin silinmesini talep etti. Sendika bunu kabul etmeyince, Valilik savcılığa 29 Mart'ta suç duyurusunda bulundu.

Bu arada Eğitim-Sen, 3 Temmuz 2002'de ifadeyi şu şekilde değiştirdi: "Toplumdaki tüm bireylerin anadilde eğitim alma hakkı ve kültürlerindeki gelişimi deneyimleme hakkı vardır."

Savcılık da "konunun parlamentoda tartışılması gerektiğini" belirterek 16 Temmuz'da suç duyurusuyla ilgili takipsizlik kararı verdi. Ancak Genelkurmay Başkanı'nın talebiyle Ankara Valisi sendikaya ifadenin çıkarılması için tekrar istekte bulundu.

‘İFADE ÖZGÜRLÜĞÜ İHLAL EDİLDİ’

Genelkurmay Başkanlığı'nın, 27 Haziran 2003'te Çalışma ve Soysal Güvenlik Bakanlığı'na yazdığı ve "sendikanın tüzüğündeki 2/b. maddesinin değiştirilmesi için ilgili girişimlerde bulunulmasını arz ederim" yazısı üzerine Valilik tekrardan harekete geçti. 12 Nisan 2004'te sendikanın kapatılması talebiyle savcılığa yine suç duyurusunda bulundu.

Bu kez dava açıldı. Ankara 2 Nolu İş Mahkemesi, sendikanın "anadilde eğitim hakkı" ifadesini tüzükten çıkarması için önce 60 günlük süre tanıdı, ardından kapatma davasını reddetti. Dava Yargıtay'a taşındı, karar bozuldu ancak mahkeme ilk kararında ısrar etti.

Eğitim-Sen ise 3 Temmuz 2005'te dava Yargıtay aşamasındayken tüzüğünden bu ifadeyi kaldırdı, dava düştü.

Sendika, AİHM'e başvurarak, mahkeme sürecinde, Avrupa İnsan Hakları Sözleşmesi'nin (AİHS) "ifade özgürlüğü" ve "sendika kurma özgürlüğünü" düzenleyen 10. ve 11. maddelerinin ihlal edildiğini ileri sürdü.

AİHM, sendikayı haklı bularak Türkiye'nin bu maddeleri ihlal ettiğine karar verdi ve dün verdiği kararla sendikaya tazminat ödemesine hükmetti.

Eğitim-Sen "anadilde eğitim hakkı" ifadesini 15 Mayıs 2011'deki 8. Olağan Genel Kurulu'nda tüzüğe tekrar konulmasına karar vermişti.


 
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