Implementation of International Treaties in Turkish Law

Summary: How international treaties become part of Turkish domestic law. Constitutional Article 90, hierarchy of norms, and the supremacy of human rights treaties.

Constitutional Framework: Article 90

The implementation of international treaties into Turkish domestic law is governed primarily by Article 90 of the Turkish Constitution. This Article establishes both the procedural requirements for treaty ratification and the hierarchical position of international agreements within the Turkish legal system.

Article 90 explicitly states that international agreements “duly put into effect” carry the force of law within the domestic legal system. This means that properly signed and ratified international treaties become an integral part of Turkish law without requiring separate implementing legislation.

The Ratification Process

For an international treaty to be “duly put into effect” in Turkey, it must undergo a formal ratification process:

Signature: The treaty is first signed by authorized representatives of the Turkish government.
Parliamentary Approval: The Turkish Grand National Assembly (TBMM) must adopt a law approving the ratification. This is the critical step that gives treaties domestic legal force.
Presidential Ratification: Following parliamentary approval, the President ratifies the treaty.
Publication: The treaty is published in the Official Gazette (Resmi Gazete), after which it enters into force.

Certain categories of treaties may be concluded by Executive Agreement without requiring parliamentary approval, particularly those related to economic, commercial, or technical matters that do not require changes to domestic law.

The 2004 Constitutional Amendment: A Landmark Change

A significant amendment to Article 90 in 2004 fundamentally changed the status of international human rights treaties in Turkey. The amended provision stipulates:

“In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and domestic laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail.”

This amendment establishes that international human rights treaties take precedence over conflicting domestic legislation. The Constitutional Court has affirmed this interpretation, granting human rights treaties a quasi-constitutional status in practice.

Hierarchy of Norms

The Turkish legal hierarchy, following the 2004 amendment, can be understood as:

Level	Legal Instrument
1	Constitution
2	International Human Rights Treaties
3	Other International Treaties
4	Statutory Laws
5	Presidential Decrees
6	Regulations

This hierarchy means that courts must apply international human rights treaties over conflicting domestic laws. However, treaties themselves cannot be challenged before the Constitutional Court on grounds of unconstitutionality—only the ratification law can be reviewed.

Key International Treaties Binding Turkey

Turkey is a party to numerous significant international instruments, including:

European Convention on Human Rights (ECHR) - Provides individual application right to the ECtHR
International Covenant on Civil and Political Rights (ICCPR)
UN Convention on the Rights of the Child
Convention on the Elimination of Discrimination Against Women (CEDAW)
European Social Charter
Various bilateral investment treaties (BITs)

These treaties directly affect domestic legal proceedings, and Turkish courts regularly cite their provisions in judgments.

Practical Implications for Legal Practice

For Attorneys and individuals, understanding Article 90 has practical significance:

Direct Invocation: Provisions of ratified treaties can be directly invoked before Turkish courts without requiring intermediary legislation.
Human Rights Defense: When domestic law conflicts with ECHR or other human rights treaties, the treaty provisions prevail, providing a powerful defense mechanism.
Constitutional Court Applications: Individual applications to the Constitutional Court (Bireysel Başvuru) regularly reference international treaty standards.
ECtHR Precedent: European Court of Human Rights case law, while not directly binding, is highly persuasive in Turkish proceedings.

Withdrawal from Treaties

The question of withdrawal from international treaties, particularly human rights conventions, has sparked constitutional debate. While ratification requires parliamentary approval, attempts to terminate treaties via presidential decree have raised questions about their constitutionality and the separation of powers.

Legal Assistance: We provide expert guidance on matters involving international law, treaty interpretation, and the application of international human rights standards in Turkish proceedings. Contact us for a consultation.

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