Identity

“The Turkish Constitutional Court is concerned about public order, not the well-being of trans individuals!”

Lawyers continue to evaluate Constitutional Court verdicts regarding gender transitioning. Demir, an attorney, suggests that “ ‘Being deprived of the ability to procreate’ is no longer required but the ID card change necessitates a surgery in any case. The Constitutional Court is only concerned with public order”. Kara, also an attorney says that public order is perceived in this case as the imposition of the binary gender regime and that “court rulings can not be based on speculations”.

 

Source: “The Turkish Constitutional Court is concerned about public order, not the well-being of trans individuals!” (“AYM’nin kaygısı transların sağlığı değil kamu düzeni!”), Yıldız Tar, kaosgl.org, March 21, 2018,  http://kaosgl.org/sayfa.php?id=25388

Lawyers continue to evaluate Constitutional Court’s two seperate rulings regarding Article 40 of Civil Code which regulates the gender transitioning process. [Translator’s note: Article 40 regulates the requirements to have a person’s gender changed legally in civil registry, which necessitates a gender reassignment surgery. See this article for background information.]

The Constitutional Court (AYM) has abolished the requirement to “be deprived of the ability to procreate” in order to gain “the permission for gender reassignment surgery”. Regarding the requirement to have surgery in order to change the records in the state registry the court stated “[It] is necessary for public order, the process has to be regulated by the state”.

But what do these rulings mean? Attorneys Hatice Demir and Hayriye Karar interpreted the rulings for KaosGL.

Rights violations will continue as long as “the requirement to have surgery” remains!

Demir states that the abolishment of the requirement “to be deprived of ability to procreate” is good news yet the rights violations will continue as long as the requirement to “have surgery compliant with medical purpose and methods” to have registry records changed remains:

“A trans subject files a lawsuit to ‘be granted the permission to have gender reassignment surgery’ after using hormones for approximately 6 months under medical supervision. The law stipulates four conditions for this lawsuit to be approved: Being unmarried, being over 18, a health council report and being deprived of the ability to procreate. Among the new conditions, only the requirement to be ‘deprived of the ability to procreate’ is removed.”

What happens at court?

The law had stipulated that “a person cannot become ‘permanently deprived of the ability to procreate’ by using hormones. A person can continue to ‘be able to procreate’ after stopping the use of hormones, under ordinary circumstances.

To briefly summarize the situation as it used to be: You had to undergo surgery in order to be permanently deprived of the ability to procreate yet you had to prove that you are ’deprived of the ability to procreate’ to undergo that very same surgery. Under these rules many cases were being rejected. We had a very difficult time explaining this to the judges.

The Constitutional Court did not recognise this issue as a conflict within the law but has acted to resolve it. What this ruling says is ‘We already have the requirement for a surgery to have the registry changed on the second clause of Article 40 of Civil Code. We don’t need to create an obligation through a condition on the first clause of the same article.’ “

The ruling is due to the fact that court permission does not ‘directly affect the registry’!

Demir emphasizes that the Constitutional Court gave the ruling due to the fact that it does not regard the court order for gender transitioning as an “issue which directly affects the public space and registry”: “When you get a court permission to go ahead with the gender transitioning, you can’t just apply to the Civil Registry.  The Constitutional Court abolished the requirement to ‘be deprived of the ability to procreate’ as the change in registry is already dependent on the surgery on the second clause of Article 40”.

Trans individuals are still seen as marginals

Demir defines the Constitutional Court’s ruling for the requirement for surgery in order for someone to change their gender in the civil registry as a “horrible verdict” and added:

“The fact that the ruling persistently uses the concept of biological gender and that this biological gender can be changed ‘only in exceptional cases’ show that the Constitutional Court regards transsexuality as a marginal identity. The text repeatedly uses the words ‘exceptional’, ‘biological gender’… The ruling explains the subjection of the transitioning process to state regulation based on it being ‘irrevocable’ and involving ‘health risks’. Yet what we can gather from the rest of the text and its conclusion, the Constitutional Court is concerned only with public order and social welfare, not with the physical and psychological health of trans subjects.”

The attitude of the higher courts has not changed over the last 30 years

Demir stresses that the Constitutional Court is claiming that ‘a change in the registry without surgery will disrupt the public order’ in its ruling and says “The most horrifying part of the ruling is that it states the risk that such change will bring the possibility for an ‘unjust benefit for trans individuals from legal regulations which aim to protect women”.

Demir reminds us that 30 years ago the first Court of Cassation rulings regarding the gender transitioning in Turkey had phrases such as “what if men change their gender to avoid mandatory military service” and says that “30 years have passed yet the approach of our higher courts has not changed at all”.

Binary gender regime is accepted as public order

The attorney Hayriye Kara draws attention to the fact that ‘being deprived of the ability to procreate’ is not required anymore  because the rights and obligations of Turkish citizens are based on ‘biological gender’. Kara states that the vote against the ruling for the “correction of the gender slot on civil registry records” is important:

“The vote notes take the demands of people’s struggle into consideration. Yet if we set these notes aside, the reasoning of the verdict is horrifying. It clearly states that the imposed binary gender regime is the public order. The ruling in sum suggests ‘gender is defined by biological and physiological features as well as the physical appearance; rights and obligations are defined by this gender’. It means to say that ‘ People have a right to change their gender but their affirmed gender is recognized legally only after they obtain the defined masculine and feminine physical qualities after completing surgery’. The psycho-social dimension of the gender is not even discussed. The line of reasoning which justifies all sorts of state intervention on individual bodies to protect the binary gender was once more confirmed.
Courts can not base their rulings on speculation!

Kara criticized the dependence of legal recognition on surgical operation and stated: “The court claims that legal recognition and a correction of genders without surgery might be ‘abused, rights reserved for women can be used and people might avoid certain obligations [i.e mandatory military service]’. There is no ground for the allegation of ‘abusing gender transitioning to enjoy rights and to avoid obligations’. This is clearly speculative. Courts can not base their rulings on speculation. This is a hypothetical incident. What kind of data does the Constitutional Court base its presumption? If the court actually checked the data, it would have recognized the intervention as against the right to live and the bodily integrity of the trans individuals in Turkey.  There is institutional discrimination against trans individuals. There is no state protection against domestic and social violence against trans people. The ruling has no discussion of these facts yet states [gender transitioning without surgery] might be ‘abused’. This is speculative. It is horrifying and unlawful.”

Regarding a similar case, Constitutional Court Deputy Chair Engin Yıldırım’s note attached to his vote against the Martial Penal Code, Kara said: “This is an important text which follows the latest developments in international law. It is also remarkable that six judges including Yıldırım, have voted favourably towards LGBTI individuals. Yet the ruling of the court means othering is officialized”

 

Trans activist Demhat Aksoy on hunger strike to protest her conditions as an asylum seeker in Sweden

Demhat Aksoy, a trans woman activist who has recently moved to Sweden seeking asylum, has started a hunger strike to draw attention to her living conditions as an asylum seeker. We are sharing her message below, explaining why she has chose to strike. 

 

“This is a ‘ Hunger Strike ‘ text
Hello, I am Demhat, a trans-woman.
I have migrated to Sweden because my life was in danger and I wanted to have a more peaceful life. Transphobia, harassment and violence was part of my daily life, so though one does not get used to those- I know them well. However, here is one more thing that I have to re-encounter here in Sweden which is called racism.

By all means, the problem is not only racism. If you are a refugee in the asylum process, you are only allowed an isolated life barred from society, away from urban settings. Maybe that is kind of a life most of us could not find; you are settled to a flat, you are given money for the food. What about socialization, social cohesion or work, don’t we need them as well? But there is no place for any of these in the asylum process. There is no limit to ‘waiting’, no definite timing. Some waits for 8 months, some waits for 2 years, some for 5. Not all waitings have a good ending – some can be deported! But this is our lives which are damned to uncertainty.

Life during asylum process…
Actually there is no life during this process. You try to create a daily routine for yourself and this routine is probably the same for everyone who are in the asylum process. We are all living in small towns far from the city center. There is no opportunity for social activities. You get up in the morning, have some breakfast, sleep again, get up again, cook for dinner and sleep again – if you can. When you attempt to register for gym, you cannot – you do not have a right to do it. Because you do not have an ID card. Indeed, if you do not have an ID card, you do not have any rights. You have no rights to get mails, you have no rights to go to gym, you have no rights to buy some internet data, you have no rights to enter entertainment centers, you have no rights to buy certain stuff like mobile phones, cars etc. Indeed, you have no rights other than breathing. They want to see your ID card for any matter and refugees in the asylum process do not have access to ID cards. There are quite a lot of questions straining my mind, but the most important one is the following:
Is our existence identified with ID cards?
Beyond a piece of paper, I am a trans who escaped from death and who wants to live. But it really hurts that I am abandoned to a kind of social death in this country!

What can I do with 2000 Kr?
When I was settled here, they started to give us a certain amount of money for food. We do not pay for the rent, electricity or heating and yes that’s brilliant indeed. However, we are human after all. We have to buy hygiene products, personal daycare stuff like wax, razors, shampoo etc. If you are a trans woman, make-up is very crucial and you have to find out to cover that with the same amount as well.
In the waiting process, you drink, eat and sleep. That is all. But we do need social rights, private spaces. Considering all these, I have started my Hunger Strike on April 30, 2018, at 18.00. My decision is certain and it is a political act!
The Swedish Immigration Authority is in charge of anything that may hurt me during the process!
I will end the action if immigration authorities makes this situation more humane and regulates the following matters.

Demands:
Stop deportation of LGBTI+ refugees
Minimise the waiting process and standardise
LMA cards to have equal opportunities with IDs
More allowances for personal needs
New regulations on trans* medical process

Despite everything, love will win!
Refuges rights are human rights!
Demhat (Bella) Aksoy”

Auntie İhsan: A Trans Solidarity Story from France to Kayışlar Village

Ali İhsan Çolak is a  48-year-old transwoman who has been living in Akhisar’s Kayışlar Village for the last 13 years. She has established her trans identity amongst villagers, and long struggled to live openly.

Source: Sultan Eylem Keleş, “İhsan Hala: Fransa’dan Kayışlar Köyüne Bir Trans Dayanışma Hikayesi,” (“Auntie İhsan: A Story of Trans Solidarity from France to Kayışlar Village,”) Bianet, 6 February 2016, http://bianet.org/biamag/lgbti/171847-ihsan-hala-fransa-dan-kayislar-koyune-bir-trans-dayanisma-hikayesi

We are in Kayışlar Village in Manisa [a city in the Aegean Region, Turkey — Trans.], Akhisar district. We enter a green single family house through a massive yard. On our left is a sheep dog, who startles us a little at first. Then, we learn from Auntie İhsan that the dog is “Kontes” [Countess — Trans.], “she is a girl just like I am, that is why she is called Kontes,” İhsan adds, giggling. Behind this house is a 25-chicken flock: Auntie İhsan makes her living selling eggs.

Ali İhsan Çolak is a  48-year-old trans woman who has been living in Akhisar’s Kayışlar Village for the last 13 years.She has established her trans identity amongst villagers, and long struggled to live openly. At first, the villagers called her “Sister İhsan,” then “Auntie İhsan,” how they refer to her still.

Auntie İhsan welcomes us with all her warmth and a smile. We embrace tightly as though our lives touched before at some point. We enter a hall filled from end to end with hundreds of pictures of Bülent Ersoy [a famous transgender singer in Turkey, known as “Diva” — Trans.], A teapot heats on a stove. Auntie İhsan has been a huge Bülent Ersoy fan for as long as she can remember. She unsuccessfully tried contacting her many times. “Are you heartbroken?” we ask, to which she halfheartedly responds, “No, I love her anyways,” and keeps quiet.

Auntie İhsan’s bathroom, a detached mud-brick unit outside, as with other houses in the village, has been in bad shape for the last year.  Unable to endure rainstorms, the bathroom collapsed, leaving Auntie İhsan helpless, unsure what to do.

Recently, Auntie İhsan has been trying to make ends meet by selling her chickens’ eggs, yet realizes she cannot herself afford to reconstruct the bathroom, so solicited support over social media. Dilara Gürcü, from France, knowing Auntie İhsan from the documentary  “Hala” [paternal aunt — Trans.], responded to this call and launched an indiegogo campaign.

Though not very hopeful in the beginning, Dilara and Auntie İhsan cannot believe how much support they had received after a month. The campaign helped collect 6,500 of the 10,000 TL needed for the reconstruction. They drew together the rest from other external support.

Dilara explains the process: “I could not have imagined receiving this much support, however, when the sum reached somewhere around 5,000 I was convinced. I vouched for her and told the constructor we would pay in cash. And he rushed to finish the job before we arrived. For the past year, İhsan had been taking her showers in the backyard during the summer, and at her neighbors’ in the winter. For a woman, it is very depressing not to have a private area to bathe. This place was İhsan’s private area; it became her cocoon.  She owes her existence to this house.  We took a step towards making it habitable. I met amazing people during this campaign. I am very grateful to them all for trusting and knowing that the money would reach Auntie İhsan.”

As we chat, Auntie İhsan says, “Where’s France, where’s Kayışlar Village? It’s the other end of the world. I was not at all expecting such thing would happen. I was very hopeless.”

Auntie İhsan was born in Kayışlar Village, lived in İzmir starting from age 11 until her family fell sick. While in İzmir, she worked at a record store, loved her job, and got along well with the tradesmen in the neighborhood. Indeed, the small business owners called her “the butterfly” as she stopped by at every single store, and was acquainted with everyone.

While trying to establish her life there, and enjoying her occupation, her family fell sick and she felt obligated to return to her village after 30 years. She prefered not to return to İzmir after losing her family. She says it feels good to live in a home filled with her family’s memory and visit their grave.

Following her settling in the village, exploitative circumstances emerged for her. She started working at part-time and under-paid  jobs with no benefits, no insurance. She works for 12 hours but is paid less than half of her wage. She has made a living by cleaning houses for a while; she says such jobs do not come up anymore. She wants to retire by paying for her own pension fund; “At least I would have a pension” she says, but she cannot pay for that either. She lives in a rental house, and her only means of living is the local eggs she sells. Her house is covered in mold all around. We ask what she does when it rains, she says she waits with a  bucket and cloth in her hand.

Auntie İhsan cannot receive her father’s pension either, as her gender identity is stated as “male” on her ID card. She wants to have gender reassignment surgery, and submitted an application. However, she had to give up on that as well due to tedious procedures and expenses associated with the surgery. Women who hear about Auntie İhsan’s story send her packs full of cosmetics. She puts on her make up exultingly with aspiration in front of the mirror.

Press is very much interested in Auntie İhsan; however, the Auntie is not pleased with her statements being twisted in the news and tabloid news stories made about her. She mentions a number of people saying “I came for my class, I’ll do an assignment,” filming her documentary, writing news stories about her, earning money off of this work, and adds “you see, the rich man’s wealth tires the poor man’s mouth [a Turkish proverb used to make a point that poor talks too much about what the wealthy has. — Trans.],” and cracks up.

Auntie İhsan, indeed, wants to work and sustain her life with her earnings, yet she cannot find a job. When we look at her kitchen, we see holes in the ceiling, and an empty fridge. We learn that, she usually eats at her friends’; however, she told us about the buns she baked just for us with the herbs she picked. We enjoy her homemade pastries with tea brewed on a log burner, after which we have to take off.

We leave behind an aunt imprinted on our minds with her warmth, vivacity, and sincerity despite all the difficulties, all the pain she has been through.

Sultan Eylem Keleş is a student in Department of Journalism at Ege University, İzmir. She resides in İzmir, reports for Jiyan and Kaos GL, is a member of erktolia press commission, and an activist at Woman for Peace Initiative.

 

Hate speech against LGBTI by the Milli Irade Platformu

Hate speech against LGBTI by the Milli Irade Platformu, a pro-government platform of civil society organizations: “Our morality is our value. The people does not forgive those who pushes forward homosexual perversion onto the people as if it were a legitimate act. To legitimize the publicization of sin is an assassination against the values of this people. This initiative will fail yet again with The People’s Will.” (Scroll down for a list of organizations allegedly supporting this statement.)

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Turkey’s Former Minister of Interior: ‘Gay marriage is the destruction of humanity’

The former Minister of Interior and current candidate for parliament running with the AKP [Turkey’s ruling party] from Erzurum, opposed gay marriage on TGRT TV News program and said that “the tribe of Lot” was destroyed because of this.

Source: “Efkan Ala da hedef gösterme peşinde: Eşcinsel evlilik insanlığın helakıdır” (“Efkan Ala is also intent on pointing people out as targets: ‘Gay marriage is the destruction of humanity’”), Birgün, 2 June 2015, http://www.birgun.net/haber-detay/efkan-ala-da-hedef-gosterme-pesinde-escinsel-evlilik-insanligin-helakidir-82104.html

The former Minister of Interior and current candidate for parliament running with the AKP [Turkey’s ruling party] from Erzurum, opposed gay marriage on TGRT TV News program and said that “the tribe of Lot” was destroyed because of this.

Pointing Barış Sulu, the HDP’s Eskişehir LGBTI MP candidate, as a target[1], he said:

“For God’s sake, look at these candidates that the HDP put forth. I can’t even bring myself to say it. They have put forth candidates that our citizen [sic] cannot accept.”

Efkan Ala continued:

“Our Kurdish brothers are religious people. For God’s sake, look at these candidates that the HDP put forth. I can’t even bring myself to say it. They have put forth candidates that our citizen [sic] cannot accept. I mean let me say this, they have put forth a transvestite candidate. They put forth homosexuals as candidates. In its election declaration, the HDP says that these [sic] will be afforded all sorts of rights, of the right of a man to marry and be with a man and of the right of a woman to marry and be with a woman. We are saying that we are against such things on topics that our morality our tradition rejects. What is this, a man marrying a man, a woman marrying a woman. The tribe of Lot was destroyed because of this[1]. That is, this is the destruction of humanity.”


[1] Turkey has a history of political violence, hate crimes, and political assassinations that followed a governmental authority figure and/or mainstream media singling out a person or a group out as rightfully injurable with impunity. -Trans.

Our Governmental Authorities and Lesbians

Deputy Prime Minister Bülent Arınç made a statement to imply that the Peoples’ Democratic Party (HDP) has very little chance of passing the election threshold [and thus of getting elected in the parliament]. He said, “… additionally, the HDP received votes from different under-represented groups. That is, it was voted for by electoral groups such as lesbians, bisexuals, trans who say ‘I cannot find an opportunity to be represented in other parties’.” The comment was made in January 2015.

Since his goal was to portray the HDP as an unelectable political party in the eyes of his constituents, could there be a reason why the word “lesbian” was more seductive to him than the word “homosexual?”

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Esmeray: “I want my ID card”

The judge’s faulty verdict…the Supreme Court approving it without examining it…The fact that Registration Office is not objecting.. The weight of all the irresponsibilities is on me again. Why should I file a lawsuit again? Who is to right this wrong?

Source: Esmeray [1], “Kimliğimi İstiyorum”,(“I want my ID card”), kaosgl.org, 4 February 2015, http://www.kaosgl.org/sayfa.php?id=18632

Sister, this state or this judiciary has given a ridiculous verdict to the lawsuit I filed related to identity change after gender reassignment surgery.

After gender reassignment surgery one makes a claim to the Registry Office. The petition abstract for the lawsuit goes like this: “The client has undergone gender reassignment surgery. It is requested that her name shall be changed and she should be transferred from the male section to the female section on her ID …etc.” The court asks for a report from you – they ask for the evidence. This was exactly how it was written on my petition and the requested reports were presented. The court has decided: “Only the name change to be done.”

ESMERAY

It is impossible to understand why the judge issued such a verdict. To lawyers objecting to the verdict, the judge said: “it is a written verdict, there is nothing we can do after this point.” The verdict was referred to a higher council, the Supreme Court. The Supreme Court did not object and approved the verdict. Sister, if we go for an appeal, it will take years. I didn’t want to go for an appeal. I don’t have time. They’ve been making me sweat for a piece of paper for years. As I wrote before, this appeal thing will at least take two years.

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