Istanbul LGBTT Statement on Discrimination at Galatasaray Hammam

Source: “Basına, Kamuoyuna ve Tüm LGBT Hakları Destekçilerine Duyurulur – İHBAR EDİYORUZ!”) (“We Announce To the Press, the Public and All Supporters of LGBT Rights – WE DENOUNCE!”), http://www.istanbul-lgbtt.net/lgbtt/haber_detay.asp?haberID=171

DISCRIMINATION IS A CRIME! DISCRIMINATION IS TRANSPHOBIA!

“We have had some problems before, concerning transgenders. Our clients have made complaints. That is why we generally do not want to let transsexuals into the hammam. We state this to them in a polite way. Some thank us for our way of expression.”

Can Cenik, the manager of Galatasaray Hammam (bathhouse in Istanbul) said, “That day there were 18 reservations so we could not let them in, and the employees here explained this to the lady. However, she apparently distorted the matter. Due to her own issues, she misunderstood and assumed that she was not let in because of her gender.”

According to the modern philosophy of state of law, the modern concept of criminal law and all the judicial doctrines that the Republic of Turkey is bound by, “crime is individual, it cannot be attributed to masses.” In this regard, no private/ corporate venue, agency, institution, supplier of goods or services can attribute the problems they have with persons to their identities! Nor can they make sweeping prohibitions/ decisions that generalize the individuals who share the same identity with the people they had problems with, especially a decision “not to render services!”

The troubles that all suppliers of goods or services have with their clients are directly between that client and the establishment! If the troubles constitute a crime according to the Turkish Penal Code, then the suppliers of goods or services may exercise all their legal rights. EXCEPT FOR THAT, THEY CANNOT MAKE A DECISION BASED ON THE IDENTITY OF THE PERSON THAT THEY HAVE HAD TROUBLE WITH, THAT IS BINDING TO ALL INDIVIDUALS THAT SHARE THE SAME IDENTITY! THIS IS CALLED DISCRIMINATION!

The crime of discrimination cannot be committed with the excuse of customer satisfaction!

The suggestion that people who are subjected to discrimination “thank” the perpetrators for the crime of discrimination “for their way of expression” does not legitimize the crime of discrimination!

DISCRIMINATION IS A CRIME! DISCRIMINATION IS TRANSPHOBIA!

TURKISH PENAL CODE

ARTICLE 122-(1) Any person who makes discrimination between individuals because of their racial, lingual, religious, sexual, political, philosophical belief or opinion, or for being supporters of different sects and therefore;

a) Prevents sale, transfer of movable or immovable property, or performance of a service, or benefiting from a service, or bounds employment or unemployment of a person to above listed reasons,

b) Refuses to deliver nutriments or to render a public service,

c) Prevents a person to perform an ordinary economical activity,

is sentenced to imprisonment from six months to one year or imposed punitive fine.

is sentenced to imprisonment from six months to one year or imposed punitive fine.

WE DENOUNCE the person who has declared that they have and will commit the crime of discrimination through the press!

As the association, we expect legal aid from lawyers who are sensitive to human rights.

As the association, we expect solidarity from everybody who is sensitive to human rights.

We, unfortunately, do not see an adequate level of complaint, legal aid or attention on “the crime of discrimination” which we have strived for years to include in the law.

We hope that it will be otherwise this time!

It should not be forgotten that such cases are the legally concrete foundation of the demands for the enactment of the hate crimes law and the addition of “sexual orientation / gender identity” in the equality article of the constitution!

“Every revolution evaporates and leaves behind only the slime of a new bureaucracy.” – Franz Kafka

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