The Spread of Art as a Constitutional Right and the Right of Unionization for Artists

Describe the main features of the policy/measure: 

In addition to the regulation of the spread of art as a constitutional right, the right of the artists to organize is regulated in detail in the judicial system of Turkey.

According to Article 27 of the Constitution of the Republic of Turkey - " Everyone has the right to study and teach, express, and disseminate science and the arts, and to carry out research in these fields freely."

According to Article 64 of the Constitution of the Republic of Turkey- The State shall protect artistic activities and artists. The State shall take the necessary measures to protect, promote and support works of art and artists, and encourage the spread of appreciation for the arts” Regarding the organization of artists, within the framework of the conditions stipulated in Law No. 6356 on the establishment and founding of trade unions, an artist union can be established without the permission of any authority. Labour unions where artists are organized in Turkey; TYS (Writers Association of Turkey), MÜZİK-SEN (Music and Performing Artists Association), SİNE-SEN (Turkey Cinema Workers Association), Actors' Association (Stage, Curtain, screen, microphone Actors' Union), and CINEMA-TV UNION (Cinema Advertising Serial and TV Programme Workers Union).

These artists' unions have been established in the ten numbered trade, office, education, and fine arts sectors. Accordingly, activities supporting performing arts and performing arts are handled within the scope of this line of business. There is no artist union established in this line of business.

However, it is also possible for an artist who performs a job in this line of business to be a member of a union established in this line of business. Artists working in the public sector, on the other hand, are organized in the service branch of "culture and arts services" within the framework of Law No. 4688 on Public Servants' Unions and Collective Bargaining and enjoy trade union rights.

The current number of members of artist unions in Turkey can be put forward within the framework of January statistics on the number of workers and union members of the Ministry of Family, Labour, and Social Services. According to the Communiqué on the Statistics of January 2019 Regarding the Number of Workers in the Business Unions and the Number of Members of the Unions, within the scope of trade, office, education, and fine arts sector; Writers Association of Turkey 13, Music and Performing Artists' Union 4, Turkey Cinema Workers Union 96, Stage, Curtain, screen, microphone Actors'' Union 38, Cinema Advertising Serial and TV Programme Workers Union has 133 members.

The unionization rate of artists employed in the public sector is higher. In addition, Law No. 5846 on Intellectual and Artistic Works regulates the moral and financial rights of the authors of the works of art and the artists who perform or interpret these works, the phonogram producers who make the first determination of the sounds, the producers who make the first determination of the films and the radio-television organizations, the moral and financial rights on their products, and the conditions to benefit from these products, and determines the sanctions in case of utilization contrary to the stipulated principles and procedures. The rights of the artists are protected per this Law.

Partner(s) engaged in the implementation of the measure: 
Objetivo(s) de la Convención 2005 de la UNESCO
Cultural Domain(s)