Mobbing as a Human Rights Violation

Introduction

Before entering the subject of mobbing, I think it is necessary to explain in detail what the concept of mobbing means, because the meanings we give to the concepts will guide us in understanding the subject.  The concept of mobbing comes from the English word "to mob" and briefly refers to actions such as attacking. In its common meaning, mobbing is the phenomenon of emotional harassment, workplace terror, moral violence in the workplace, negative behavior, psychological intimidation, which is carried out systematically with negative words, actions and attitudes contrary to law and morality in order to intimidate, harass, undermine self-confidence, make the person feel alone and inadequate in business life, causing great material and moral damage to the person. 

Attacks on a person's dignity that are made deliberately and continuously in the workplace can be considered within the scope of mobbing. It is stated that those who apply mobbing in the workplace are overly controlling, cowardly, neurotic and power-hungry people with an oppressive authoritarian personality structure. These people are ambitious for power, think that they are indispensable for that organization or unit, want to be privileged, have gaps in self-confidence and self-worth, need to feel authoritative by establishing control over others, are dissatisfied with their family life, have good professional experience but lack theoretical knowledge. 

On the other hand, it has also been revealed that creative people, people with high emotional intelligence who show many positive characteristics such as intelligence, honesty, creativity and success in their working lives are the ones who are more exposed to mobbing. Mobbing is like a contagious disease within organizations. If remedial measures are not taken, it spreads to all vital organs of the organization. Employees' trust and respect for the organization and their colleagues decreases, motivation decreases, incompatibility between the working environment and employees begins, and work efficiency decreases. It can also be said that the most important factor in mobbing is miscommunication. At first, communication is one-way; in the next stage, it is interrupted two-way. 

Mobbing starts with a disagreement about the flow of work or a behavior. It then continues with the aggressive actions of the bully, and management or coworkers may participate in the aggression besides the bully. In the next stage, the victim is stigmatized as the source of the problem, problematic or mentally ill. Victims of mobbing may suffer from alcohol or substance abuse, anxiety, anger, low self-esteem, psychosomatic disorders such as hypertension, depression and even suicide. In Sweden, 15% of suicides are said to be caused by mobbing.

Methods of Struggle 

Those who are subjected to mobbing are advised to seek medical and psychological help, to share the situation with their colleagues, and to report the situation to higher units after an accurate determination, with the awareness that what they are experiencing is a defined workplace syndrome, and that the harassment they are experiencing is not their fault.  

Legal Action

The following articles of our Constitution are related to mobbing.

In the preamble of our Constitution, it is stated that "Every Turkish citizen has the inherent right and authority to lead an honorable life within the national culture, civilization and legal order and to develop his/her material and spiritual existence in this direction by enjoying the fundamental rights and freedoms in this Constitution in accordance with the requirements of equality and social justice", and in Article 12 it is stated that "Everyone has fundamental rights and freedoms that are attached to his/her personality, inviolable, inalienable, inalienable and inalienable". Article 17 states that "Everyone has the right to life, to the protection and improvement of his/her material and spiritual existence and that no one shall be subjected to torture or cruelty and no one shall be subjected to punishment or treatment incompatible with human dignity." Article 49 of our Constitution stipulates that "the State shall take the necessary measures to ensure labor peace" and Article 56 imposes the duty of "the State to ensure that everyone maintains his/her life in physical and mental health". 

In terms of Criminal Law 

In our law, there are no regulations directly under the name of mobbing, and regulations aimed at protecting human dignity are also regulations that will prevent mobbing. Article 86 of the Turkish Penal Code stipulates that "A person who intentionally inflicts pain on another person's body or causes deterioration of health or perceptual ability shall be punished with imprisonment from one year to three years". Applications containing mobbing allegations in Forensic Medicine reports are evaluated within the scope of the first paragraph of Article 86 of the Turkish Penal Code. 

Apart from this article, Article 96 of the Turkish Penal Code "Cruelty" under Article 96, "Threat" under Article 106, "Preventing the exercise of freedom of belief, thought and opinion" under Article 115, "Blackmail" under Article 207, "Preventing the exercise of the right to petition" under Article 121, "Discrimination" under Article 121, The crime of "abuse of office" regulated in Article 257, the crime of "insult" regulated in Article 124, and the crime of "violation of privacy" regulated in Article 125 are regulations that will directly or indirectly help in the fight against mobbing and protect human dignity. 

In addition, Article 117 of the Military Penal Code regulates the offense of assault on a subordinate, and the article reads as follows: "Any superior or superior officer who intentionally pushes, shoves, beats or otherwise causes bodily harm or impairs the health of a subordinate, or who unnecessarily complicates the service of a subordinate for the purpose of harassment, or who tolerates the harassment or mistreatment of a subordinate by other soldiers, shall be imprisoned for up to two years". This article is a regulation aimed at preventing actions within the scope of mobbing. All actions that impair health, including mental health, and are carried out intentionally are within the scope of this crime. In the Military Penal Code, the crimes of "assigning privates to servitude in contravention of the law" regulated in Article 114, "abusing the influence of civil service" regulated in Article 115, "imposing disciplinary punishment that is not deserved or permitted" regulated in Article 111 are regulations aimed at protecting the material and moral existence of the person within the scope of mobbing and preventing mobbing. In addition, in Article 19 of the TAF Discipline Law, "mistreating a subordinate" is punished with the disciplinary punishment of not leaving the place of service. 

Compensation Cases 

According to Article 125 of our Constitution, "Judicial remedy is open against all kinds of actions and transactions of the administration. In this context, mobbing lawsuits have started to be filed and won against the administration in Turkey. Mobbing lawsuits are filed against the administration in Administrative Courts and Military High Administrative Court. With the decision numbered 2010/ 474 E and 2011/187 Decision numbered 2011/187, Sakarya 1st Administrative Court ruled 5000 TL compensation against the administration after six investigations and four disciplinary penalties against the civil servant. 

Conclusion

Mobbing is a violation of human rights and an attack on human dignity. 

We wish everyone mobbing-free days.