The Turkish Human Rights and Equality Institution (TİHEK) has imposed an administrative fine of 141,934 Turkish Lira on AJET Air Transport for failing to accommodate a coeliac passenger’s request for a gluten-free sandwich. TİHEK deemed the incident a violation of the prohibition against discrimination on health grounds.
Gluten-Free Sandwich Request Denied
E.T., a coeliac patient, purchased a “Premium Bundle” ticket for an Antalya-Ankara flight and requested a gluten-free sandwich due to their health condition. However, the airline did not provide the requested meal. E.T. filed a complaint with TİHEK, alleging discrimination based on their medical condition.
“Request Was Not Communicated to Us”
AJET Air Transport claimed in a written statement that the passenger had not informed the company of their condition or their special meal request in advance. The airline argued that it could not accommodate the request due to the lack of gluten-free options on board and operational constraints.
However, TİHEK’s investigation revealed that E.T. had clearly communicated their condition and request for a gluten-free sandwich during a call with the company’s customer service center.
Customer Service Call Evidence
Records of E.T.’s conversation with the customer service center were reviewed. During the call, an employee responded, “I can’t say for sure, but your feedback will be reviewed by our operations unit.” TİHEK found this response inadequate and concluded that the passenger’s health-based needs were not addressed, amounting to indirect discrimination.
TİHEK: “Failure to Provide Suitable Services Is Discrimination”
In its decision, TİHEK stated:
“Subjecting an individual to an objectively unjustifiable disadvantage in accessing legally recognized rights and freedoms related to their health constitutes indirect discrimination. Denying the applicant access to the same services provided to other passengers due to their coeliac disease represents an ostensibly neutral treatment that results in discriminatory effects.”
Maximum Penalty Imposed on Airline
TİHEK ruled that the incident violated the prohibition on health-based discrimination and imposed the maximum fine of 141,934 lira on AJET Air Transport.
“Victims Can File Complaints with TİHEK”
Commenting on the ruling, lawyer Baki Kırılmaz emphasized that individuals facing such violations can file complaints with TİHEK:
“If a passenger experiences discrimination after requesting services tailored to their health needs before a flight, they can file a complaint with TİHEK, either personally or through an attorney. The institution investigates the case and imposes appropriate sanctions when warranted.”
