The Case of Emel Boyraz v. Turkey

The case concerned a dismissal from public sector employment – a State-run electricity company – on grounds of gender. Ms Boyraz, the applicant, had worked as a security officer for almost three years before being dismissed in March 2004 because she was not a man and had not completed military service. In the Court’s opinion, the mere fact that security officers had to work on night shifts and in rural areas and had to use firearms and physical force under certain conditions had not in itself justified any difference in treatment between men and women. Moreover, the reason for Ms Boyraz’ dismissal had not been her inability to assume such risks or responsibilities, there having been nothing to indicate that she had failed to fulfil her duties, but the decisions of Turkish administrative courts. The Court also considered that the administrative courts had not substantiated the grounds for the requirement that only male staff could be employed as security officers in the branch of the State-run electricity company. The Court therefore concluded that the difference in treatment of which she had been a victim had not pursued a legitimate aim and had amounted to discrimination on grounds of sex. Consequently, there had been a violation of Article 14 in conjunction with Article 8.