Trans Students not accepted at the Dormitory despite their Entitlement to KYK Housing

SPoD (Social Policies, Gender  Identity and Sexual Orientation Studies Association)’s hotline has been responding to many calls from trans students, complaining about not being allowed at the dorms they are entitled to, despite being awarded accomodation at KYK dorms.

Source: “Trans Students not Accepted at the Dormitory Despite their Entitlement to KYK (Credits and Dormitories Institution) Housing” (“KYK yurtlarını kazanan trans öğrenciler yurda alınmıyor”), Aslı Alpar, KaosGL.org, November 12, 2018, http://www.kaosgl.org/sayfa.php?id=27017.

CRAIGANDKARL

Illustration: Craig and Karl

Trans students calling SPoD’s hotline are saying that they are barred from using the dorms by dorm management and ask what they can do in this situation.

KaosGL.org asked the association’s lawyer Hatice Demir about the discrimination against trans students in KYK dorms and its legal dimensions. In this interview, Lawyer Demir explains the rights that trans students have against these discriminatory practices and the consequences of the arbitrary practice at KYK dorms. Demir suggests that many of the students barred from using KYK dorms are also barred from their right to education and that even when trans students are allowed in they are being isolated.

When they call the hotline, what do the trans students say about the discrimination at the dorms?

The list of students awarded accomodation at KYK dorms was published at the beginning of the semester, yet additional placements continue. Trans students who have not completed their legal process were awarded housing by KYK dorms, but called the SPoD hotline saying that they were not allowed in and asked what legal measures they can take against this treatment. The callers reported:  ‘I’m entitled to the use of dorms, I carried out all the necessary procedures, but the management will not let me in as they can not decide if they should place me at the female or male dorm’.

So how does the dorm management respond to these students?

Trans students are generally told “It’s your problem. Nobody else is experiencing these issues. Go handle it elsewhere”. The callers also report that they are often insulted by the dorm authorities and that the dorm guard will not let them enter.

On certain occasions, dormitory staff allocate an empty room to the student, which means they live in isolation. When single occupancy rooms are given to trans students, the dorm authorities use the excuse of “security”, stating: “we don’t put you in the same room with them to protect you”. Yet, the same dorm management do not do anything  to rid discrimination against trans students in the dorms. Moreover, they consolidate discrimination with such isolation.

Isolation at the dorms remind one of the isolation witnessed in prisons, because whenever trans individuals are put in the custody of the state, the state is clueless about where to put them. This is due to the fact that the state ignore the existence of  trans people. Such an oblivious attitude corresponds to the state isolating or excluding the individuals using the excuse of “security”.

Similar conditions apply for trans inmates. The prison placement is done on the basis of the color of the ID* and the assigned gender on the ID. Therefore, in a similar vein to what happens to trans students, trans inmates too, are sent to the prisons allocated for the gender written on their IDs and yet again are isolated when the administration says “we can’t provide your safety”.

What does the student do when not allowed in the dorm?

Those who get enough financial aid from their families or from their scholarships can rent a flat or a room. Yet those without such means go back to their hometowns. This means that they are barred from exercising their right to education.

Is there a regulation which supports such discriminatory attitude?

Of course not. Higher Education Credits and Dormitories Institution Dorm Administration and Management Regulation do not state anything regarding sexual orientation and gender identity. This means that there are no legal grounds for these arbitrary discriminatory and practices, yet it also means that LGBTI+ students are ignored and that the regulation is prepared based on a binary gender regime.

What can the trans students do if they are subjected to such discrimination?

As we have no prior lawsuits filed before, we do not have exemplary verdicts. However, a lawsuit can be filed at Administrative Court. Then, if the lawsuit is not concluded at the first degree courts, I believe it can be resolved at supreme judiciary. I think that the procedures at KYK can be improved to a non-discriminatory practice through the legal appeals of trans students who have been discriminated on the basis of their gender identity and denied the rights they are entitled to.

“LGBTI+ Friendly Student Dorms” project initiated by İzmir Genç LGBTI+ Association aims to render the LGBTI+ youth’s experiences at student dorms visible.

Within the scope of the project executed in collaboration with Heinrich Böll Stiftung Association Turkey Branch, a book written by LGBTI+ students  titled “LGBTI+ Dorm Experiences” was published.

*Translator’s note: Turkish ID cards are color-coded according to biological sex. The new non-color-coded ID cards have started being issued recently, yet the older ones are still in use unless the holder changes it. In any case, the gender slot is filled in by the state based on biological sex and trans individuals have to undergo a long legal and medical bureaucratic procedure to change the identity card. 

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