Tuğçe Çetinkaya, Hate and Discrimination in Criminal Law, Başkent University, Institute of Social Sciences, Public Law Graduate Program, 2020.
The master thesis on Hate and Discrimination in Criminal Law consists of four main sections. In the first part, the concepst of hate and dicrimination and types of equality and discrimination are examined. In addition, this section includes regulations on hate crime and discrimination crime and these crimes in comparative law. In the second part, the provisions in the international conventions on non-discrimination are examined. Since discrimination is an issue to be be tackled at the international level, there are many interational conventions that prohibit discrimination to which the United Nations Organization and the Council of Europe are parties. In the third part of our study, regulations on the prohibition of discrimination are included in the national legislation. The prohibition of discrimination and the principle of eguality are complementary principles. Therefore, in particular the principle of eguality protected by the Constitution of the Republic of Turkey and anti- discrimination regulations prohibiting discrimination in constitutional dimension with the principles contained in other laws are. In the fourth section, the subject of detailed investigation was made by dividing into the items of “Hate and Discrimination Crime”, which was regulated in the article 122 of the Turkish Penal Code No. 5237. As a result of the amendment to the law, the fact that this crime can only be committed with the hate motive has changed the legal nature of the crime. Therefore, the relationship between the current regulation and hate crimes and discrimination crimes has been tried to be revealed.
Key words: Hatred, discrimination, prohibition of discrimination, the crime of discrimination, hate crime, the crime of hatred and discrimination.
