Ministry Could Face Compensation Cases If It Insists On Prep School Ban

Jurists have warned that if the Ministry of Education implements a controversial ban on prep schools, known as dershanes, despite a Constitutional Court ruling annulling the ban, the ministry might face compensation cases from students and their parents as a result of its unlawful practice.

On July 13, the Constitutional Court announced its long-awaited decision on a case regarding the ban and ruled to abrogate the controversial law that sought to close down prep schools by a five-to-12 majority vote on the grounds that the law represented a violation of constitutional articles related to the right to education and freedom of enterprise.

The court's reasoned decision on the dershane law was published in the Official Gazette last week. In it, the court emphasized that it had annulled the law because it was in violation of the freedom of companies to operate for profit and the freedom of education. The court also stated that dershanes cannot be closed down unless sufficient alternatives in addition to public high school education are provided.

Regardless of the court's ruling, some pro-government circles have been claiming that it is no longer possible for prep schools to operate, a move that drew a warning from some jurists, who said the ministry's insistence on maintaining the ban could cost the state dearly.

In a report that appeared in the Bugün daily, jurists said students and their families who are directly affected by a prep school ban will be able to file compensation cases against the Turkish Ministry of Education with the European Court of Human Rights (ECtHR) because their right to an education is being violated.

Petitions to the Strasbourg-based court would likely be accepted immediately based on the second article of the first protocol of the European Convention on Human Rights (ECHR), which concerns the right to education.

Professor Metin Günday said if the Ministry of Education does not abide by the top court's ruling, it will be legally responsible for such a move and face legal sanctions.

“Ignoring the top court's decision would be an obvious neglect of their duty. The prep schools that are still in operation can still enroll students. If this is prevented, those preventing it will face compensation cases,” he said.

The Justice and Development Party (AK Party) government, in a surprise move, decided in November 2013 to close down all prep schools, stirring a massive debate. These schools, with their affordable fees, are regarded by many middle and low-income families as an equalizer for educational opportunities.

The AK Party government's bill banning privately owned university preparatory schools was passed by Parliament on March 7, 2014, and signed into law by then-President Abdullah Gül five days later. Under this law, all dershanes were to be shut down by Sept. 1 of this year. The main opposition Republican People's Party (CHP) later challenged the law, saying it was a blow to the right to free enterprise. The CHP filed an appeal with the Constitutional Court to annul the law last year.

In the Bugün report, Professor Ersan Şen said that although it is not legally possible for students or their parents who suffered as a result of the prep school ban to file a compensation case against the ministry retroactively, the students and their parents who will be affected by the possible continuation of the ban despite the top court's ruling will have the right to do so.

He said Parliament should convene immediately to eliminate the loopholes in the law regarding the operation of prep schools.

“If the loopholes are not eliminated in line with the Constitutional Court ruling, everyone who will be affected by this ban in the future will have the right to file a compensation case against the ministry,” said Şen.

Criminal lawyer Sinan Topçu also said in Wednesday's Bugün daily report that everyone who is affected if the ministry insists on implementing the prep school ban despite the top court's ruling will have the right to file a compensation case against the ministry with the ECtHR, as a result of which Turkey could be required to pay millions of Turkish lira in compensation.

(Cihan/Today's Zaman)