02.12.2025 17:02
The Turkey Human Rights and Equality Institution (TİHEK) imposed an administrative fine of 204,285 TL on the operator of a children's play area in a shopping mall for not allowing a 7-year-old child with Down syndrome, citing the reason that he "could harm other children or could be harmed," thus violating the prohibition of discrimination based on disability.
TİHEK assessed the refusal to allow a child with Down syndrome into the playground of a shopping mall as discrimination based on disability and imposed a fine of 204,285 TL on the business.
REFUSED ENTRY TO THE PLAYGROUND DUE TO DOWN SYNDROME
In an incident that occurred in April in the Etimesgut district, M.A.Y., a child with Down syndrome, was not allowed into the playground of the shopping mall he visited with his teacher S.K.O. A video of the moments when M.A.Y. was denied entry to the playground was shared on social media, and many people reacted to the situation. Following the footage and the application from the Turkey Down Syndrome Association and the family, TİHEK initiated an investigation. In its defense sent to the institution, the business claimed that the incident did not occur as portrayed in the media, that there was a height limit of 90-140 centimeters for the ball pit, that adults were not allowed to enter the pool, and that the child's interests were being considered.
TİHEK COMPLETED THE INVESTIGATION
In its decision, TİHEK stated that the child went to the playground with his teacher S.K.O., but the business personnel did not allow him to enter the ball pit upon realizing that the child had special needs. It was emphasized that in the discussion reflected in the video, the officials stated that the child could "harm other children or be harmed," which led to his exclusion. Additionally, it was noted that there was no evidence of height measurement conducted in the case file, and there was no warning sign regarding the height limit in the playground.
FINE AT THE MAXIMUM LIMIT
The decision stated that the child's exclusion solely due to his disability constituted a form of segregation, and it was understood that "no concrete and measurable risk assessment was made in the incident, and the personnel's explanations were based on general assumptions and prejudices. Separating a disabled child from other children is contrary to the principle of the best interests of the child." TİHEK ruled that discrimination based on disability occurred in the incident and decided to impose the maximum administrative fine of 204,285 TL on the business.
"WE WELCOME THE DECISION"
Gün Bilgin, the Chairman of the Board of the Turkey Down Syndrome Association, evaluated TİHEK's decision, stating, "The practice that occurred is clearly contrary to Article 30 of the United Nations Convention on the Rights of Persons with Disabilities and the prohibition of discrimination. Every child has the right to play with their peers. We welcome TİHEK's decision. We hope this decision serves as a strong deterrent to prevent similar violations. As the Turkey Down Syndrome Association, we will continue to stand against such violations of rights."