What is the Prevention of the Right to Education and Instruction (TCK Art. 112)?

Prevention of the right to education and instruction, regulated under Article 112 of the Turkish Penal Code, and concerning individuals' participation in educational and instructional activities or the exercise of the right to education is a type of crime that penalizes acts that unlawfully prevent it.

This crime covers not only incidents occurring within the school premises, the conduct of educational activities or an individual's access to education, but encompasses a broader scope that hinders them.

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Conditions (Elements) of the Offence under TCK Art. 112

Methods Required for the Constitution of the Crime: Force, Threat, or Other Unlawful Conduct

According to TCK Article 112, the act of prevention must be committed through one of the following methods:

Force (Use of physical coercion)

It is the use of physical force against a person. Examples:

• Forcibly preventing a student from entering the school,
• Pushing the teacher to prevent them from entering the classroom, closing the door by force.

Threat

Directing a person's behavior by instilling fear. Examples:

• Preventing a student from attending school by saying "I will beat you if you go to school",
• Stating that they will suffer harm if they participate in educational activities.

Another unlawful act

Other than force or threat, but unlawful actions that result in prevention. Examples:

• Intentionally sabotaging a student's transportation/service facilities,
• Unlawfully blocking the school entrance,
• Systematic obstructions that make participation in educational activities practically impossible.

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Which Circumstances Constitute an Offence under TCK Art. 112?

Three different areas of prevention are enumerated in TCK 112/1. Any of these its realization is sufficient.

a) Impeding education and training activities

In addition to public schools, educational activities of institutions such as private schools/courses/tutoring centers operating with the permission of public authorities are also within this scope.

Example: Unlawfully preventing a private school from conducting classes, shutting down classrooms, or preventing students from entering.

b) Impeding a person's exercise of the right to education and training

Here, the target is not the activity of a school; rather, it is an individual's right to education. may be.

Example: Unlawfully withdrawing a student from school by force, preventing them from taking an exam, or sabotaging processes such as enrollment/transportation.

c) Impeding entry into or stay in buildings where students reside collectively

Student dormitories and similar collective accommodation areas may be evaluated within this scope.

Example: Unlawfully preventing students from entering or leaving the dormitory, and physically obstructing their stay in the dormitory.

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Penalty for the Offence of Preventing the Right to Education and Instruction (TCK Art. 112)

Pursuant to Article 112 of the TCK, the sanction for the crime is:

• Imprisonment from 2 to 5 years.

Regarding this offense, a judicial fine is not provided as an alternative sanction in the statutory text; the primary sanction is stipulated as imprisonment .

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What is the Legal Interest Protected under TCK Art. 112?

The primary values protected by this offense are:

• The right to education and instruction (individual fundamental right),
• The orderly conduct of the education and instruction service,
• The security of students' access to educational institutions.

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Is a Complaint Required for the Offence of Preventing the Right to Education and Instruction?

Since there is no expression such as "upon complaint" in the text of TCK 112, this crime can be investigated without being subject to a complaint ex officio. (Different procedures may arise in practice depending on the nature of the specific case and its evaluation together with other crimes.)

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Frequently Asked Questions (FAQ)

1) What is the crime of preventing the right to education?

Prevention of the right to education and instruction, pursuant to TCK 112, is preventing educational activities or a person's exercise of the right to education through duress, threats, or other unlawful conduct.

2) What is the penalty under TCK 112?

According to TCK 112, the penalty is Imprisonment from 2 to 5 years .

3) Does preventing a private school from conducting classes fall under TCK 112?

Yes. Preventing educational activities carried out with the permission of public authorities also falls within the scope of this article.

4) Is it a crime not to send a student to school?

If the act of "not sending to school" through duress, threats, or unlawful conduct prevents the student's right to education, it may be evaluated within the scope of TCK 112. Even if it appears to be purely a familial preference/attitude, if the specific case involves elements such as the use of force or prevention by threat, the legal risk increases.

5) Does preventing entry to a student dormitory constitute an offense under TCK 112?

If entry to buildings where students reside collectively or remaining therein is prevented through force, threats, or unlawful conduct, it may arise within the scope of Article 112/1-c of the TCK.

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Conclusion / Summary

Regulated under Article 112 of the TCK, the crime of preventing the right to education and instruction ; penalizes the prevention of educational activities, an individual's right to education, or entry/stay in places where students reside collectively, through force, threats, or other unlawful conduct. Sanction penalizes preventing access to or staying in educational activities, an individual's right to education, or places where students reside collectively. Sanction Imprisonment from 2 to 5 years . The most critical point is that the prevention occurs through unlawful methods and de facto disrupts the right to/activity of education.

Atty. Batın YILMAZ