Civil Servants’ Freedom of Association within the Context of Associations and Foundations: An Assessment from a Constitutional Law Perspective

Freedom of association is a right that can be used for civil, economic, and political purposes as well as in different in different forms. In Turkey, associations and foundations are the most commonly used forms. Although everyone has the right to freedom of association, international law as well as the Constitution of the Republic of Turkey include significant restrictions on public officials. This study focuses particularly on freedom of association for members of the Turkish Armed Forces, General Directorate of Police, General Command of Gendarmerie, the Turkish Coast Guard Command, and other public officials. Exceptions are members of the judiciary, based on international standards from a comparative perspective. Considering the impossibility of focusing on all dimensions of freedom of association in a short study, the issue has been examined only in the context of being a founders and members of associations and foundations. The aim of this study, then, is to identify the legal barriers to public officials’ organizations and to provide recommendations for improvement